Texas 2023 - 88th Regular

Texas Senate Bill SB24 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 24
2	2
3	3
4	4	AN ACT
5	5	relating to the powers and duties of the Health and Human Services
6	6	Commission and the transfer to the commission of certain powers and
7	7	duties from the Department of Family and Protective Services.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 9, Human Resources Code, is amended by
10	10	adding Chapter 137, and a heading is added to that chapter to read
11	11	as follows:
12	12	CHAPTER 137. FAMILY SUPPORT SERVICES
13	13	SECTION 2. Subchapters A, B, and C, Chapter 265, Family
14	14	Code, are transferred to Chapter 137, Human Resources Code, as
15	15	added by this Act, redesignated as Subchapters A, B, and C, Chapter
16	16	137, Human Resources Code, respectively, and amended to read as
17	17	follows:
18	18	SUBCHAPTER A. FAMILY SUPPORT [PREVENTION AND EARLY INTERVENTION]
19	19	SERVICES
20	20	Sec. 137.001. APPLICABILITY OF DEFINITIONS. The
21	21	definitions in Chapter 101, Family Code, apply to terms used in this
22	22	chapter.
23	23	Sec. 137.002 [265.001]. DEFINITIONS. In this chapter:
24	24	(1) "At-risk family" means a family with at least one
25	25	child or a pregnant woman and at least one of the following:
26	26	(A) a child in the family has been the subject of
27	27	an investigation of abuse, neglect, or exploitation by the
28	28	Department of Family and Protective Services;
29	29	(B) the family or a pregnant woman in the family
30	30	is experiencing conditions that increase the likelihood of
31	31	involvement with the child welfare system, the criminal justice
32	32	system, or the juvenile justice system; or
33	33	(C) the family or a pregnant woman in the family
34	34	is experiencing other conditions that threaten the
35	35	self-sufficiency or stability of the family or the birth or health
36	36	of a baby ["Department" means the Department of Family and
37	37	Protective Services].
38	38	(2) "Commission" means the Health and Human Services
39	39	Commission ["Division" means the prevention and early intervention
40	40	services division within the department].
41	41	(3) "Executive commissioner" means the executive
42	42	commissioner of the commission.
43	43	(4) "Family support ["Prevention and early
44	44	intervention] services" means programs intended to provide [early]
45	45	intervention and promote safety and stability for children and
46	46	at-risk families [or prevent at-risk behaviors that lead to child
47	47	abuse, delinquency, running away, truancy, and dropping out of
48	48	school].
49	49	Sec. 137.003 [265.002]. FAMILY SUPPORT [PREVENTION AND
50	50	EARLY INTERVENTION] SERVICES [DIVISION]. (a) The commission
51	51	[department] shall:
52	52	(1) administer grants and contracts [operate a
53	53	division] to provide family support services to [for] children and
54	54	[in] at-risk [situations and for the] families;
55	55	(2) [of those children and to achieve the
56	56	consolidation of prevention and early intervention services within
57	57	the jurisdiction of a single agency in order to avoid fragmentation
58	58	and duplication of services and to increase the accountability for
59	59	the delivery and administration of these services. The division
60	60	shall be called the prevention and early intervention services
61	61	division and shall have the following duties:
62	62	[(1) to] plan, develop, and administer an integrated
63	63	continuum of care system of programs providing family support
64	64	services to at-risk families [a comprehensive and unified delivery
65	65	system of prevention and early intervention services to children
66	66	and their families in at-risk situations];
67	67	(3) administer the referral, coordination, and
68	68	collaboration of family support services under this chapter with
69	69	similar, existing programs the commission operates;
70	70	(4) [(2) to] improve the responsiveness of family
71	71	support services provided to [for at-risk] children and at-risk
72	72	[their] families by facilitating greater coordination and
73	73	flexibility in the use of funds by state and local service
74	74	providers;
75	75	(5) [(3) to] provide greater accountability for
76	76	family support [prevention and early intervention] services in
77	77	order to demonstrate the impact or public benefit of a program by
78	78	adopting outcome measures; and
79	79	(6) [(4) to] assist local communities in the
80	80	coordination and development of family support [prevention and
81	81	early intervention] services in order to maximize federal, state,
82	82	and local resources.
83	83	(b) Family support services under this chapter are intended
84	84	to:
85	85	(1) promote healthy outcomes and strengthen support
86	86	systems for children and at-risk families;
87	87	(2) assist at-risk families in achieving
88	88	self-sufficiency and stability;
89	89	(3) promote workforce participation; and
90	90	(4) prevent or reduce at-risk behaviors in children
91	91	and at-risk families, including behaviors that may lead to:
92	92	(A) child abuse or neglect;
93	93	(B) delinquency, running away, truancy, dropping
94	94	out of school, or substance use; or
95	95	(C) involvement with the child welfare system,
96	96	the juvenile justice system, or the criminal justice system [The
97	97	department's prevention and early intervention services division
98	98	must be organizationally separate from the department's divisions
99	99	performing child protective services and adult protective services
100	100	functions].
101	101	Sec. 137.004 [265.003]. COORDINATION [CONSOLIDATION] OF
102	102	PROGRAMS. [(a)] In order to implement the duties provided in
103	103	Section 137.003 [265.002], the commission [department] shall
104	104	identify and coordinate with other [consolidate into the division]
105	105	programs the commission operates with the goal of providing family
106	106	support services [early intervention or prevention of at-risk
107	107	behavior that leads to child abuse, delinquency, running away,
108	108	truancy, and dropping out of school].
109	109	[(b) The division may provide additional prevention and
110	110	early intervention services in accordance with Section 265.002.
111	111	[Sec. 265.004. USE OF EVIDENCE-BASED PROGRAMS FOR AT-RISK
112	112	FAMILIES. (a) To the extent that money is appropriated for the
113	113	purpose, the department shall fund evidence-based programs,
114	114	including parenting education, home visitation, family support
115	115	services, mentoring, positive youth development programs, and
116	116	crisis counseling, offered by community-based organizations that
117	117	are designed to prevent or ameliorate child abuse and neglect. The
118	118	programs funded under this subsection may be offered by a child
119	119	welfare board established under Section 264.005, a local
120	120	governmental board granted the powers and duties of a child welfare
121	121	board under state law, a children's advocacy center established
122	122	under Section 264.402, or other persons determined appropriate by
123	123	the department.
124	124	[(a-1) The department shall ensure that not less than 75
125	125	percent of the money appropriated for parenting education programs
126	126	under Subsection (a) funds evidence-based programs or practices
127	127	described by Section 265.151(b) and that the remainder of that
128	128	money funds promising programs or practices described by Section
129	129	265.151(c) or evidence-informed programs or practices described by
130	130	Section 265.151(d).
131	131	[(a-2) The department shall actively seek and apply for any
132	132	available federal funds to support parenting education programs
133	133	provided under this section.
134	134	[(b) The department shall place priority on programs that
135	135	target children whose race or ethnicity is disproportionately
136	136	represented in the child protective services system.
137	137	[(c) The department shall periodically evaluate the
138	138	evidence-based abuse and neglect prevention programs to determine
139	139	the continued effectiveness of the programs.
140	140	[Sec. 265.0041. COLLABORATION WITH INSTITUTIONS OF HIGHER
141	141	EDUCATION. (a) Subject to the availability of funds, the Health
142	142	and Human Services Commission, on behalf of the department, shall
143	143	enter into agreements with institutions of higher education to
144	144	conduct efficacy reviews of any prevention and early intervention
145	145	programs that have not previously been evaluated for effectiveness
146	146	through a scientific research evaluation process.
147	147	[(b) Subject to the availability of funds, the department
148	148	shall collaborate with an institution of higher education to create
149	149	and track indicators of child well-being to determine the
150	150	effectiveness of prevention and early intervention services.]
151	151	Sec. 137.005 [265.005]. STRATEGIC PLAN. (a) The
152	152	commission [department] shall develop and implement a five-year
153	153	strategic plan for family support [prevention and early
154	154	intervention] services. Not later than September 1 of the last
155	155	fiscal year in each five-year period, the commission [department]
156	156	shall issue a new strategic plan for the next five fiscal years
157	157	beginning with the following fiscal year.
158	158	(b) A strategic plan required under this section must:
159	159	(1) identify methods to leverage other sources of
160	160	funding or provide support for existing community-based
161	161	[prevention] efforts to provide family support services;
162	162	(2) include a needs assessment that identifies
163	163	programs to best target family support services to the needs of
164	164	underserved [the highest risk] populations and geographic areas;
165	165	(3) identify [the goals and] priorities and specific
166	166	commission actions to coordinate and provide family support
167	167	services to children and at-risk families [for the department's
168	168	overall prevention efforts];
169	169	(4) identify and report on specific outcome
170	170	measurements by obtaining and reporting de-identified aggregate
171	171	data, as permitted by other law, on the number of program
172	172	participants who are:
173	173	(A) involved in the child welfare system, the
174	174	juvenile justice system, or the criminal justice system;
175	175	(B) recipients of other services the commission
176	176	offers; or
177	177	(C) listed in the central registry of the names
178	178	of individuals found to have abused or neglected a child maintained
179	179	under Section 261.002, Family Code [report the results of previous
180	180	prevention efforts using available information in the plan];
181	181	(5) identify additional methods of measuring program
182	182	effectiveness and results or outcomes;
183	183	(6) identify methods to collaborate with other state
184	184	agencies on [prevention] efforts to provide family support
185	185	services;
186	186	(7) identify specific strategies to implement the plan
187	187	and to develop measures for reporting on the overall progress
188	188	toward the plan's goals;
189	189	(8) [identify strategies and goals for increasing the
190	190	number of families receiving prevention and early intervention
191	191	services each year, subject to the availability of funds, to reach
192	192	targets set by the department for providing services to families
193	193	that are eligible to receive services through parental education,
194	194	family support, and community-based programs financed with
195	195	federal, state, local, or private resources; and
196	196	[(9)] identify specific strategies to increase local
197	197	capacity for the delivery of family support [prevention and early
198	198	intervention] services through collaboration with communities and
199	199	stakeholders;
200	200	(9) address methods for coordinating with other
201	201	commission programs under Section 137.004; and
202	202	(10) identify strategies to minimize the disruption of
203	203	the provision of family support services to children and families.
204	204	(c) The commission [department] shall coordinate with
205	205	interested parties and communities in developing the strategic plan
206	206	under this section.
207	207	(d) The commission [department] shall annually review and
208	208	appropriately update the strategic plan developed under this
209	209	section.
210	210	(e) The commission [department] shall post the strategic
211	211	plan developed under this section and any update to the plan on its
212	212	Internet website.
213	213	[Sec. 265.006. PROHIBITION ON USE OF AGENCY NAME OR LOGO.
214	214	The department may not allow the use of the department's name or
215	215	identifying logo or insignia on forms or other materials related to
216	216	the department's prevention and early intervention services that
217	217	are:
218	218	[(1) provided by the department's contractors; or
219	219	[(2) distributed by the department's contractors to
220	220	the department's clients.
221	221	[Sec. 265.007. IMPROVING PROVISION OF PREVENTION AND EARLY
222	222	INTERVENTION SERVICES. (a) To improve the effectiveness and
223	223	delivery of prevention and early intervention services, the
224	224	department shall:
225	225	[(1) identify geographic areas that have a high need
226	226	for prevention and early intervention services but do not have
227	227	prevention and early intervention services available in the area or
228	228	have only unevaluated prevention and early intervention services
229	229	available in the area; and
230	230	[(2) develop strategies for community partners to:
231	231	[(A) improve the early recognition of child abuse
232	232	or neglect;
233	233	[(B) improve the reporting of child abuse and
234	234	neglect; and
235	235	[(C) reduce child fatalities.
236	236	[(b) The department may not use data gathered under this
237	237	section to identify a specific family or individual.
238	238	[Sec. 265.008. EVALUATION OF PREVENTION AND EARLY
239	239	INTERVENTION SERVICES. (a) The department may enter into
240	240	agreements with institutions of higher education to conduct
241	241	efficacy reviews of any prevention and early intervention services
242	242	provided under this chapter that have not previously been evaluated
243	243	for effectiveness in a research evaluation. The efficacy review
244	244	shall include, when possible, a cost-benefit analysis of the
245	245	program to the state and, when applicable, the return on investment
246	246	of the program to the state.
247	247	[(b) The department may not enter into an agreement to
248	248	conduct a program efficacy evaluation under this section unless:
249	249	[(1) the agreement with the institution of higher
250	250	education is cost neutral; and
251	251	[(2) the department and institution of higher
252	252	education conducting the evaluation under this section protect the
253	253	identity of individuals who are receiving services from the
254	254	department that are being evaluated.]
255	255	SUBCHAPTER B. FAMILY SUPPORT SERVICES PROGRAMS FOR CHILD ABUSE AND
256	256	NEGLECT [PRIMARY] PREVENTION [PROGRAMS]
257	257	Sec. 137.051 [265.051]. DEFINITIONS. In this subchapter:
258	258	(1) "Child abuse and neglect prevention" means family
259	259	support services designed to prevent child abuse and neglect before
260	260	the abuse or neglect occurs. The term includes child fatality
261	261	prevention education programs and other activities directed at the
262	262	general public to stop child abuse and neglect.
263	263	(2) "Children's trust fund" means a child abuse and
264	264	neglect [primary] prevention program.
265	265	[(2) "Primary prevention" means services and
266	266	activities available to the community at large or to families to
267	267	prevent child abuse and neglect before it occurs. The term includes
268	268	infant mortality prevention education programs.]
269	269	(3) "Operating fund" means the commission's
270	270	[Department of Family and Protective Services] child abuse and
271	271	neglect prevention operating fund account.
272	272	(4) "State agency" means a board, commission,
273	273	department, office, or other state agency that:
274	274	(A) is in the executive branch of the state
275	275	government;
276	276	(B) was created by the constitution or a statute
277	277	of this state; and
278	278	(C) has statewide jurisdiction.
279	279	(5) "Trust fund" means the commission's child abuse
280	280	and neglect prevention trust fund account.
281	281	Sec. 137.052 [265.052]. CHILD ABUSE AND NEGLECT [PRIMARY]
282	282	PREVENTION PROGRAMS. (a) The commission [department] shall
283	283	operate the children's trust fund to:
284	284	(1) set policy, offer resources for community
285	285	[primary] prevention programs, and provide information and
286	286	education on family support services and prevention of child abuse
287	287	and neglect;
288	288	(2) develop a state plan for expending funds for child
289	289	abuse and neglect [primary] prevention programs that includes an
290	290	annual schedule of transfers of trust fund money to the operating
291	291	fund;
292	292	(3) develop eligibility criteria for applicants
293	293	requesting funding for child abuse and neglect [primary] prevention
294	294	programs; and
295	295	(4) establish funding priorities for child abuse and
296	296	neglect [primary] prevention programs.
297	297	(b) The children's trust fund shall accommodate the
298	298	commission's [department's] existing rules and policies in
299	299	procuring, awarding, and monitoring contracts and grants.
300	300	(c) The commission [department] may:
301	301	(1) apply for and receive funds made available by the
302	302	federal government or another public or private source for
303	303	administering programs under this subchapter and for funding for
304	304	child abuse and neglect [primary] prevention programs; and
305	305	(2) solicit donations for child abuse and neglect
306	306	[primary] prevention programs.
307	307	Sec. 137.053 [265.053]. ADMINISTRATIVE AND OTHER COSTS.
308	308	(a) Administrative costs under this subchapter during any fiscal
309	309	year may not exceed an amount equal to 50 percent of the interest
310	310	credited to the trust fund during the preceding fiscal year.
311	311	(b) Funds expended under a special project grant from a
312	312	governmental source or a nongovernmental source for public
313	313	education or public awareness may not be counted as administrative
314	314	costs for the purposes of this section.
315	315	Sec. 137.054 [265.054]. CHILD ABUSE AND NEGLECT PREVENTION
316	316	TRUST FUND ACCOUNT. (a) The child abuse and neglect prevention
317	317	trust fund account is an account in the general revenue fund. Money
318	318	in the trust fund is dedicated to child abuse and neglect [primary]
319	319	prevention programs and family support services programs.
320	320	(b) The commission [department] may transfer money
321	321	contained in the trust fund to the operating fund at any time.
322	322	However, during a fiscal year the commission [department] may not
323	323	transfer more than the amount appropriated for the operating fund
324	324	for that fiscal year. Money transferred to the operating fund that
325	325	was originally deposited to the credit of the trust fund under
326	326	Section 118.022, Local Government Code, may be used only for child
327	327	abuse and neglect [primary] prevention programs.
328	328	(c) Interest earned on the trust fund shall be credited to
329	329	the trust fund.
330	330	(d) The trust fund is exempt from the application of Section
331	331	403.095, Government Code.
332	332	(e) All marriage license fees and other fees collected for
333	333	and deposited in the trust fund and interest earned on the trust
334	334	fund balance shall be appropriated each biennium only to the
335	335	operating fund for child abuse and neglect [primary] prevention
336	336	programs and family support services programs.
337	337	Sec. 137.055 [265.055]. COMMISSION [DEPARTMENT] OPERATING
338	338	FUND ACCOUNT. (a) The operating fund is an account in the general
339	339	revenue fund.
340	340	(b) Administrative and other costs allowed in Section
341	341	137.053 [265.053] shall be taken from the operating fund. The
342	342	commission [department] may transfer funds contained in the
343	343	operating fund to the trust fund at any time.
344	344	(c) The legislature may appropriate the money in the
345	345	operating fund to carry out the provisions of this subchapter.
346	346	(d) The operating fund is exempt from the application of
347	347	Section 403.095, Government Code.
348	348	[Sec. 265.056. CONTRIBUTIONS. (a) The department may
349	349	solicit contributions from any appropriate source.
350	350	[(b) Any other contributions for child abuse and neglect
351	351	primary prevention or other prevention and early intervention
352	352	programs shall be deposited into a separate designated fund in the
353	353	state treasury and shall be used for that designated purpose.
354	354	[(c) A person may contribute funds to either the trust fund,
355	355	the operating fund, or a fund designated by the department for a
356	356	specific child abuse and neglect primary prevention or other
357	357	prevention or early intervention purpose.
358	358	[(d) If a person designates that a contribution is intended
359	359	as a donation to a specific fund, the contribution shall be
360	360	deposited in the designated fund.]
361	361	Sec. 137.056 [265.057]. COMMUNITY YOUTH DEVELOPMENT
362	362	GRANTS. (a) Subject to available funding, the commission
363	363	[department] shall award community youth development grants to
364	364	communities identified by incidence of crime. The commission
365	365	[department] shall give priority in awarding grants under this
366	366	section to areas of the state in which there is a high incidence of
367	367	juvenile crime.
368	368	(b) The purpose of a grant under this section is to assist a
369	369	community in alleviating conditions in the family and community
370	370	that lead to juvenile crime.
371	371	SUBCHAPTER C. NURSE-FAMILY PARTNERSHIP COMPETITIVE GRANT PROGRAM
372	372	Sec. 137.101 [265.101]. DEFINITIONS. In this subchapter:
373	373	(1) "Competitive grant program" means the
374	374	nurse-family partnership competitive grant program established
375	375	under this subchapter.
376	376	(2) "Partnership program" means a nurse-family
377	377	partnership program.
378	378	Sec. 137.102 [265.102]. OPERATION OF NURSE-FAMILY
379	379	PARTNERSHIP COMPETITIVE GRANT PROGRAM. (a) The commission
380	380	[department] shall operate a nurse-family partnership competitive
381	381	grant program for [through which] the commission to [department
382	382	will] award grants for the implementation of nurse-family
383	383	partnership programs, or the expansion of existing programs, and
384	384	for the operation of those programs for a period of not less than
385	385	two years.
386	386	(b) The commission [department] shall award grants under
387	387	the program to applicants, including applicants operating existing
388	388	programs, in a manner that ensures that the partnership programs
389	389	collectively[:
390	390	[(1)] operate in multiple communities that are
391	391	geographically distributed throughout this state[; and
392	392	[(2) provide program services to approximately 2,000
393	393	families].
394	394	Sec. 137.103 [265.103]. PARTNERSHIP PROGRAM REQUIREMENTS.
395	395	A partnership program funded through a grant awarded under this
396	396	subchapter must:
397	397	(1) strictly adhere to the program model developed by
398	398	the Nurse-Family Partnership National Service Office, including
399	399	any clinical, programmatic, and data collection requirements of
400	400	that model;
401	401	(2) require that registered nurses regularly visit the
402	402	homes of low-income, first-time mothers participating in the
403	403	program to provide services designed to:
404	404	(A) improve pregnancy outcomes;
405	405	(B) improve child health and development;
406	406	(C) improve family economic self-sufficiency and
407	407	stability; [and]
408	408	(D) reduce the incidence of child abuse and
409	409	neglect; and
410	410	(E) increase workforce participation;
411	411	(3) require that nurses who provide services through
412	412	the program:
413	413	(A) receive training from the office of the
414	414	attorney general at least once each year on procedures by which a
415	415	person may voluntarily acknowledge the paternity of a child and on
416	416	the availability of child support services from the office;
417	417	(B) provide a mother with information about the
418	418	rights, responsibilities, and benefits of establishing the
419	419	paternity of her child, if appropriate;
420	420	(C) provide assistance to a mother and the
421	421	alleged father of her child if the mother and alleged father seek to
422	422	voluntarily acknowledge paternity of the child, if appropriate; and
423	423	(D) provide information to a mother about the
424	424	availability of child support services from the office of the
425	425	attorney general; and
426	426	(4) require that the regular nurse visits described by
427	427	Subdivision (2) begin not later than a mother's 28th week of
428	428	gestation and end when her child reaches two years of age.
429	429	Sec. 137.104 [265.104]. APPLICATION. (a) A public or
430	430	private entity, including a county, municipality, or other
431	431	political subdivision of this state, may apply for a grant under
432	432	this subchapter.
433	433	(b) To apply for a grant, an applicant must submit a written
434	434	application to the commission [department] on a form prescribed by
435	435	the commission [department] in consultation with the Nurse-Family
436	436	Partnership National Service Office.
437	437	(c) The application [prescribed by the department] must:
438	438	(1) require the applicant to provide data on the
439	439	number of low-income, first-time mothers residing in the community
440	440	in which the applicant proposes to operate or expand a partnership
441	441	program and provide a description of existing services available to
442	442	those mothers;
443	443	(2) describe the ongoing monitoring and evaluation
444	444	process to which a grant recipient is subject under Section 137.107
445	445	[265.109], including the recipient's obligation to collect and
446	446	provide information requested by the commission [department] under
447	447	Section 137.107(c) [265.109(c)]; and
448	448	(3) require the applicant to provide other relevant
449	449	information as determined by the commission [department].
450	450	[Sec. 265.105. ADDITIONAL CONSIDERATIONS IN AWARDING
451	451	GRANTS. In addition to the factors described by Sections
452	452	265.102(b) and 265.103, in determining whether to award a grant to
453	453	an applicant under this subchapter, the department shall consider:
454	454	[(1) the demonstrated need for a partnership program
455	455	in the community in which the applicant proposes to operate or
456	456	expand the program, which may be determined by considering:
457	457	[(A) the poverty rate, the crime rate, the number
458	458	of births to Medicaid recipients, the rate of poor birth outcomes,
459	459	and the incidence of child abuse and neglect during a prescribed
460	460	period in the community; and
461	461	[(B) the need to enhance school readiness in the
462	462	community;
463	463	[(2) the applicant's ability to participate in ongoing
464	464	monitoring and performance evaluations under Section 265.109,
465	465	including the applicant's ability to collect and provide
466	466	information requested by the department under Section 265.109(c);
467	467	[(3) the applicant's ability to adhere to the
468	468	partnership program standards adopted under Section 265.106;
469	469	[(4) the applicant's ability to develop broad-based
470	470	community support for implementing or expanding a partnership
471	471	program, as applicable; and
472	472	[(5) the applicant's history of developing and
473	473	sustaining innovative, high-quality programs that meet the needs of
474	474	families and communities.]
475	475	Sec. 137.105 [265.106]. PARTNERSHIP PROGRAM STANDARDS.
476	476	The executive commissioner[, with the assistance of the
477	477	Nurse-Family Partnership National Service Office,] shall adopt
478	478	standards for the partnership programs funded under this
479	479	subchapter. The standards must be consistent with [adhere to] the
480	480	Nurse-Family Partnership National Service Office program model
481	481	standards and guidelines that were developed in multiple,
482	482	randomized clinical trials and have been tested and replicated in
483	483	multiple communities.
484	484	Sec. 137.106 [265.107]. USE OF AWARDED GRANT FUNDS. The
485	485	grant funds awarded under this subchapter may be used only to cover
486	486	costs related to implementing or expanding and operating a
487	487	partnership program, including costs related to:
488	488	(1) administering the program;
489	489	(2) training and managing registered nurses who
490	490	participate in the program;
491	491	(3) paying the salaries and expenses of registered
492	492	nurses who participate in the program;
493	493	(4) paying for facilities and equipment for the
494	494	program; and
495	495	(5) paying for services provided by the Nurse-Family
496	496	Partnership National Service Office to ensure a grant recipient
497	497	adheres to the organization's program model.
498	498	[Sec. 265.108. STATE NURSE CONSULTANT. Using money
499	499	appropriated for the competitive grant program, the department
500	500	shall hire or contract with a state nurse consultant to assist grant
501	501	recipients with implementing or expanding and operating the
502	502	partnership programs in the applicable communities.]
503	503	Sec. 137.107 [265.109]. PROGRAM MONITORING AND EVALUATION;
504	504	ANNUAL COMMITTEE REPORTS. (a) The commission [department, with
505	505	the assistance of the Nurse-Family Partnership National Service
506	506	Office,] shall:
507	507	(1) adopt performance indicators that are designed to
508	508	measure a grant recipient's performance with respect to the
509	509	partnership program standards adopted by the executive
510	510	commissioner under Section 137.105 [265.106];
511	511	(2) use the performance indicators to continuously
512	512	monitor and formally evaluate on an annual basis the performance of
513	513	each grant recipient; and
514	514	(3) prepare and submit an annual report, not later
515	515	than December 1 of each year, to the Senate Health and Human
516	516	Services Committee, or its successor, and the House Human Services
517	517	Committee, or its successor, regarding the performance of each
518	518	grant recipient during the preceding state fiscal year with respect
519	519	to providing partnership program services.
520	520	(b) The report required under Subsection (a)(3) must
521	521	include:
522	522	(1) the number of:
523	523	(A) low-income, first-time mothers to whom each
524	524	grant recipient provided partnership program services and, of that
525	525	number, the number of mothers who established the paternity of an
526	526	alleged father as a result of services provided under the program;
527	527	(B) mothers who married the father or reside in
528	528	the same household with the father;
529	529	(C) mothers who have previous involvement with
530	530	the child welfare system, the criminal justice system, or the
531	531	juvenile justice system; and
532	532	(D) mothers who receive other services from the
533	533	commission;
534	534	(2) the extent to which each grant recipient made
535	535	regular visits to mothers during the period described by Section
536	536	137.103(4) [265.103(4)]; and
537	537	(3) the extent to which each grant recipient adhered
538	538	to the Nurse-Family Partnership National Service Office's program
539	539	model, including the extent to which registered nurses:
540	540	(A) conducted home visitations comparable in
541	541	frequency, duration, and content to those delivered in Nurse-Family
542	542	Partnership National Service Office clinical trials; and
543	543	(B) assessed the health and well-being of mothers
544	544	and children participating in the partnership programs in
545	545	accordance with indicators of maternal, child, and family health
546	546	defined by the [department in consultation with the] Nurse-Family
547	547	Partnership National Service Office and required by the commission.
548	548	(c) On request, each grant recipient shall timely collect
549	549	and provide data and any other information required by the
550	550	commission [department] to monitor and evaluate the recipient or to
551	551	prepare the report required by this section.
552	552	Sec. 137.108 [265.110]. COMPETITIVE GRANT PROGRAM FUNDING.
553	553	(a) The commission [department] shall actively seek and apply for
554	554	any available federal funds, including federal Medicaid and
555	555	Temporary Assistance for Needy Families (TANF) funds, to assist in
556	556	financing the competitive grant program established under this
557	557	subchapter.
558	558	(b) The commission [department] may use appropriated funds
559	559	from the state government and may accept gifts, donations, and
560	560	grants of money from the federal government, local governments,
561	561	private corporations, or other persons to assist in financing the
562	562	competitive grant program.
563	563	SECTION 3. Sections 265.152, 265.153, 265.154, and 265.155,
564	564	Family Code, are transferred to Subchapter B, Chapter 137, Human
565	565	Resources Code, as redesignated by this Act, redesignated as
566	566	Sections 137.057, 137.058, 137.059, and 137.060, Human Resources
567	567	Code, respectively, and amended to read as follows:
568	568	Sec. 137.057 [265.152]. OUTCOMES OF FAMILY SUPPORT
569	569	SERVICES [EVIDENCE-BASED PREVENTION AND EARLY INTERVENTION]
570	570	PROGRAMS AND PRACTICES. The commission [department] shall ensure
571	571	that a family support services [prevention and early intervention]
572	572	program or practice provided under this subchapter achieves
573	573	favorable behavioral outcomes in at least two of the following
574	574	areas:
575	575	(1) improved cognitive development of children;
576	576	(2) increased readiness for and participation and
577	577	performance in school;
578	578	(3) reduced child abuse, neglect, and injury;
579	579	(4) improved child safety;
580	580	(5) improved social-emotional development of children
581	581	and youth;
582	582	(6) increased protective factors, including
583	583	nurturing, bonding, and other parenting skills;
584	584	(7) improved family economic self-sufficiency;
585	585	(8) reduced parental or youth involvement with the
586	586	criminal justice system; and
587	587	(9) increased paternal involvement and support.
588	588	Sec. 137.058 [265.153]. EVALUATION OF FAMILY SUPPORT
589	589	SERVICES [PREVENTION AND EARLY INTERVENTION] PROGRAMS AND
590	590	PRACTICES. (a) The commission [department] shall adopt outcome
591	591	indicators to measure the effectiveness of family support services
592	592	[prevention and early intervention] programs and practices
593	593	provided under this subchapter in achieving desired outcomes.
594	594	(b) The commission [department] may work directly with the
595	595	model developer of a family support services [prevention and early
596	596	intervention] program or practice to identify appropriate outcome
597	597	indicators for the program or practice and to ensure that the
598	598	program or practice substantially complies with the model.
599	599	(c) The commission [department] shall develop internal
600	600	processes to share information with family support services
601	601	[prevention and early intervention service] providers to assist the
602	602	commission [department] in analyzing the performance of the
603	603	programs or practices.
604	604	(d) The commission [department] shall use information
605	605	obtained under this section to:
606	606	(1) monitor family support services [prevention and
607	607	early intervention] programs and practices;
608	608	(2) continually improve the quality of the programs
609	609	and practices; and
610	610	(3) evaluate the effectiveness of the programs and
611	611	practices.
612	612	Sec. 137.059 [265.154]. REPORTS TO LEGISLATURE. (a) Not
613	613	later than December 1 of each even-numbered year, the commission
614	614	[department] shall prepare and submit a report on state-funded
615	615	prevention and early intervention programs and practices to the
616	616	standing committees of the senate and house of representatives with
617	617	jurisdiction over child protective services.
618	618	(b) A report submitted under this section must meet any
619	619	requirements set by the commission under this subchapter [include:
620	620	[(1) a description of the prevention and early
621	621	intervention programs and practices implemented and of the models
622	622	associated with the programs and practices;
623	623	[(2) information on the families served by the
624	624	programs and practices, including the number of families served and
625	625	their demographic information;
626	626	[(3) the goals and achieved outcomes of the
627	627	implemented programs and practices;
628	628	[(4) information on the cost for each family served,
629	629	including any available third-party return-on-investment analysis;
630	630	and
631	631	[(5) information explaining the percentage of money
632	632	spent on evidence-based programs and practices, on promising
633	633	programs and practices, and on evidence-informed programs and
634	634	practices].
635	635	Sec. 137.060 [265.155]. RULES. The executive commissioner
636	636	[of the department] may adopt rules as necessary to implement this
637	637	subchapter.
638	638	SECTION 4. Subchapter D, Chapter 264, Family Code, is
639	639	transferred to Chapter 137, Human Resources Code, as added by this
640	640	Act, redesignated as Subchapter D, Chapter 137, Human Resources
641	641	Code, and amended to read as follows:
642	642	SUBCHAPTER D. SERVICES FOR [TO] AT-RISK YOUTH
643	643	Sec. 137.151 [264.301]. SERVICES FOR AT-RISK YOUTH. (a)
644	644	The commission [department] shall operate a program to provide
645	645	family support services for children in at-risk situations and for
646	646	the families of those children.
647	647	(b) The services under this section may include:
648	648	(1) crisis family intervention;
649	649	(2) emergency short-term residential care;
650	650	(3) family counseling;
651	651	(4) parenting skills training;
652	652	(5) youth coping skills training;
653	653	(6) mentoring; and
654	654	(7) advocacy training.
655	655	Sec. 137.152 [264.302]. EARLY YOUTH INTERVENTION SERVICES.
656	656	(a) This section applies to a child who:
657	657	(1) is seven years of age or older and under 17 years
658	658	of age; and
659	659	(2) has not had the disabilities of minority for
660	660	general purposes removed under Chapter 31, Family Code.
661	661	(b) The commission [department] shall operate a program
662	662	under this section to provide family support services for children
663	663	in at-risk situations and for the families of those children.
664	664	(c) The commission [department] may not provide services
665	665	under this section to a child who has:
666	666	(1) at any time been referred to juvenile court for
667	667	engaging in conduct that violates a penal law of this state of the
668	668	grade of felony other than a state jail felony; or
669	669	(2) been found to have engaged in delinquent conduct
670	670	under Title 3, Family Code.
671	671	(d) The commission [department] may provide services under
672	672	this section to a child who engages in conduct for which the child
673	673	may be found by a court to be an at-risk child, without regard to
674	674	whether the conduct violates a penal law of this state of the grade
675	675	of felony other than a state jail felony, if the child was younger
676	676	than 10 years of age at the time the child engaged in the conduct.
677	677	(e) The commission [department] shall provide services for
678	678	a child and the child's family if a contract to provide services
679	679	under this section is available in the county and the child is
680	680	referred to the commission [department] as an at-risk child by:
681	681	(1) a juvenile court or probation department as part
682	682	of a progressive sanctions program under Chapter 59, Family Code;
683	683	(2) a law enforcement officer or agency under Section
684	684	52.03, Family Code; or
685	685	(3) a justice or municipal court under Article 45.057,
686	686	Code of Criminal Procedure.
687	687	(f) The services under this section may include:
688	688	(1) crisis family intervention;
689	689	(2) emergency short-term residential care for
690	690	children 10 years of age or older;
691	691	(3) family counseling;
692	692	(4) parenting skills training;
693	693	(5) youth coping skills training;
694	694	(6) advocacy training; and
695	695	(7) mentoring.
696	696	SECTION 5. Chapter 53, Human Resources Code, is transferred
697	697	to Chapter 137, Human Resources Code, as added by this Act,
698	698	redesignated as Subchapter E, Chapter 137, Human Resources Code,
699	699	and amended to read as follows:
700	700	SUBCHAPTER E [CHAPTER 53]. PREVENTIVE SERVICES FOR VETERANS AND
701	701	MILITARY FAMILIES
702	702	Sec. 137.201 [53.001]. DEFINITIONS. In this subchapter,
703	703	"veteran" [chapter:
704	704	[(1) "Department" means the Department of Family and
705	705	Protective Services.
706	706	[(2) "Veteran"] means a person who has served in:
707	707	(1) [(A)] the army, navy, air force, coast guard, or
708	708	marine corps of the United States;
709	709	(2) [(B)] the state military forces as defined by
710	710	Section 431.001, Government Code; or
711	711	(3) [(C)] an auxiliary service of one of those
712	712	branches of the armed forces.
713	713	Sec. 137.202 [53.002]. VETERANS AND MILITARY FAMILIES
714	714	PREVENTIVE SERVICES PROGRAM. (a) The commission [department]
715	715	shall develop and implement a preventive services program to serve
716	716	veterans and military families who have committed or experienced or
717	717	who are at a high risk of:
718	718	(1) family violence; or
719	719	(2) abuse or neglect.
720	720	(b) The program must:
721	721	(1) be designed to coordinate with community-based
722	722	organizations to provide prevention services;
723	723	(2) include a prevention component and an early
724	724	intervention component;
725	725	(3) include collaboration with services for child
726	726	welfare, services for early childhood education, and other child
727	727	and family services programs; and
728	728	(4) coordinate with the community collaboration
729	729	initiative developed under Subchapter I, Chapter 434, Government
730	730	Code, and committees formed by local communities as part of that
731	731	initiative.
732	732	[(c) The program must be established initially as a pilot
733	733	program in areas of the state in which the department considers the
734	734	implementation practicable. The department shall evaluate the
735	735	outcomes of the pilot program and ensure that the program is
736	736	producing positive results before implementing the program
737	737	throughout the state.
738	738	[(d) The department shall evaluate the program and prepare
739	739	an annual report on the outcomes of the program. The department
740	740	shall publish the report on the department's Internet website.]
741	741	SECTION 6. Subchapter X, Chapter 531, Government Code, is
742	742	transferred to Chapter 137, Human Resources Code, as added by this
743	743	Act, and redesignated as Subchapter F, Chapter 137, Human Resources
744	744	Code, to read as follows:
745	745	SUBCHAPTER F [X]. TEXAS HOME VISITING PROGRAM
746	746	Sec. 137.251 [531.981]. DEFINITIONS. In this subchapter:
747	747	(1) "Home visiting program" means a
748	748	voluntary-enrollment program in which early childhood and health
749	749	professionals such as nurses, social workers, or trained and
750	750	supervised paraprofessionals repeatedly visit over a period of at
751	751	least six months the homes of pregnant women or families with
752	752	children under the age of six who are born with or exposed to one or
753	753	more risk factors.
754	754	(2) "Risk factors" means factors that make a child
755	755	more likely to experience adverse experiences leading to negative
756	756	consequences, including preterm birth, poverty, low parental
757	757	education, having a teenaged mother or father, poor maternal
758	758	health, and parental underemployment or unemployment.
759	759	Sec. 137.252 [531.982]. IMPLEMENTATION OF TEXAS HOME
760	760	VISITING PROGRAM. (a) The commission shall maintain a strategic
761	761	plan to serve at-risk pregnant women and families with children
762	762	under the age of six through home visiting programs that improve
763	763	outcomes for parents and families.
764	764	(b) A pregnant woman or family is considered at-risk for
765	765	purposes of this section and may be eligible for voluntary
766	766	enrollment in a home visiting program if the woman or family is
767	767	exposed to one or more risk factors.
768	768	(c) The commission may determine if a risk factor or
769	769	combination of risk factors experienced by an at-risk pregnant
770	770	woman or family qualifies the woman or family for enrollment in a
771	771	home visiting program.
772	772	Sec. 137.253 [531.983]. TYPES OF HOME VISITING PROGRAMS.
773	773	(a) A home visiting program is classified as either an
774	774	evidence-based program or a promising practice program.
775	775	(b) An evidence-based program is a home visiting program
776	776	that:
777	777	(1) is research-based and grounded in relevant,
778	778	empirically based knowledge and program-determined outcomes;
779	779	(2) is associated with a national organization,
780	780	institution of higher education, or national or state public health
781	781	institute;
782	782	(3) has comprehensive standards that ensure
783	783	high-quality service delivery and continuously improving quality;
784	784	(4) has demonstrated significant positive short-term
785	785	and long-term outcomes;
786	786	(5) has been evaluated by at least one rigorous
787	787	randomized controlled research trial across heterogeneous
788	788	populations or communities, the results of at least one of which has
789	789	been published in a peer-reviewed journal;
790	790	(6) follows with fidelity a program manual or design
791	791	that specifies the purpose, outcomes, duration, and frequency of
792	792	the services that constitute the program;
793	793	(7) employs well-trained and competent staff and
794	794	provides continual relevant professional development
795	795	opportunities;
796	796	(8) demonstrates strong links to other
797	797	community-based services; and
798	798	(9) ensures compliance with home visiting standards.
799	799	(c) A promising practice program is a home visiting program
800	800	that:
801	801	(1) has an active impact evaluation program or can
802	802	demonstrate a timeline for implementing an active impact evaluation
803	803	program;
804	804	(2) has been evaluated by at least one outcome-based
805	805	study demonstrating effectiveness or a randomized controlled trial
806	806	in a homogeneous sample;
807	807	(3) follows with fidelity a program manual or design
808	808	that specifies the purpose, outcomes, duration, and frequency of
809	809	the services that constitute the program;
810	810	(4) employs well-trained and competent staff and
811	811	provides continual relevant professional development
812	812	opportunities;
813	813	(5) demonstrates strong links to other
814	814	community-based services; and
815	815	(6) ensures compliance with home visiting standards.
816	816	Sec. 137.254 [531.984]. FUNDING. (a) The commission shall
817	817	ensure that at least 75 percent of funds appropriated for home
818	818	visiting programs are used in evidence-based programs, with any
819	819	remaining funds dedicated to promising practice programs.
820	820	(b) The commission shall actively seek and apply for any
821	821	available federal funds to support home visiting programs,
822	822	including federal funds from the Temporary Assistance for Needy
823	823	Families program.
824	824	(c) The commission may accept gifts, donations, and grants
825	825	to support home visiting programs.
826	826	Sec. 137.255 [531.985]. OUTCOMES. The commission shall
827	827	ensure that a home visiting program achieves favorable outcomes in
828	828	at least two of the following areas:
829	829	(1) improved maternal or child health outcomes;
830	830	(2) improved cognitive development of children;
831	831	(3) increased school readiness of children;
832	832	(4) reduced child abuse, neglect, and injury;
833	833	(5) improved child safety;
834	834	(6) improved social-emotional development of
835	835	children;
836	836	(7) improved parenting skills, including nurturing
837	837	and bonding;
838	838	(8) improved family economic self-sufficiency;
839	839	(9) reduced parental involvement with the criminal
840	840	justice system; and
841	841	(10) increased father involvement and support.
842	842	Sec. 137.256 [531.986]. EVALUATION OF HOME VISITING
843	843	PROGRAM. (a) The commission shall adopt outcome indicators to
844	844	measure the effectiveness of a home visiting program in achieving
845	845	desired outcomes.
846	846	(b) The commission may work directly with the model
847	847	developer of a home visiting program to identify appropriate
848	848	outcome indicators for the program and to ensure that the program
849	849	demonstrates fidelity to its research model.
850	850	(c) The commission shall develop internal processes to work
851	851	with home visiting programs to share data and information to aid in
852	852	making relevant analysis of the performance of a home visiting
853	853	program.
854	854	(d) The commission shall use data gathered under this
855	855	section to monitor, conduct ongoing quality improvement on, and
856	856	evaluate the effectiveness of home visiting programs.
857	857	Sec. 137.257 [531.9871]. REPORTS TO LEGISLATURE. (a) Not
858	858	later than December 1 of each even-numbered year, the commission
859	859	shall prepare and submit a report on state-funded home visiting
860	860	programs to the Senate Committee on Health and Human Services and
861	861	the House Human Services Committee or their successors.
862	862	(b) A report submitted under this section must include:
863	863	(1) a description of home visiting programs being
864	864	implemented and the associated models;
865	865	(2) data on the number of families being served and
866	866	their demographic information;
867	867	(3) the goals and achieved outcomes of home visiting
868	868	programs;
869	869	(4) data on cost per family served, including
870	870	third-party return-on-investment analysis, if available; and
871	871	(5) data explaining what percentage of funding has
872	872	been used on evidence-based programs and what percentage of funding
873	873	has been used on promising practice programs.
874	874	Sec. 137.258 [531.988]. RULES. The executive commissioner
875	875	may adopt rules as necessary to implement this subchapter.
876	876	SECTION 7. Article 45.057(b), Code of Criminal Procedure,
877	877	is amended to read as follows:
878	878	(b) On a finding by a justice or municipal court that a child
879	879	committed an offense that the court has jurisdiction of under
880	880	Article 4.11 or 4.14, the court has jurisdiction to enter an order:
881	881	(1) referring the child or the child's parent for
882	882	services under Section 137.152, Human Resources Code [264.302,
883	883	Family Code];
884	884	(2) requiring that the child attend a special program
885	885	that the court determines to be in the best interest of the child
886	886	and, if the program involves the expenditure of municipal or county
887	887	funds, that is approved by the governing body of the municipality or
888	888	county commissioners court, as applicable, including a
889	889	rehabilitation, counseling, self-esteem and leadership, work and
890	890	job skills training, job interviewing and work preparation,
891	891	self-improvement, parenting, manners, violence avoidance,
892	892	tutoring, sensitivity training, parental responsibility, community
893	893	service, restitution, advocacy, or mentoring program; or
894	894	(3) requiring that the child's parent do any act or
895	895	refrain from doing any act that the court determines will increase
896	896	the likelihood that the child will comply with the orders of the
897	897	court and that is reasonable and necessary for the welfare of the
898	898	child, including:
899	899	(A) attend a parenting class or parental
900	900	responsibility program; and
901	901	(B) attend the child's school classes or
902	902	functions.
903	903	SECTION 8. Section 52.03(c), Family Code, is amended to
904	904	read as follows:
905	905	(c) A disposition authorized by this section may involve:
906	906	(1) referral of the child to an agency other than the
907	907	juvenile court;
908	908	(2) a brief conference with the child and his parent,
909	909	guardian, or custodian; or
910	910	(3) referral of the child and the child's parent,
911	911	guardian, or custodian for services under Section 137.152, Human
912	912	Resources Code [264.302].
913	913	SECTION 9. Section 59.004(a), Family Code, is amended to
914	914	read as follows:
915	915	(a) For a child at sanction level one, the juvenile court or
916	916	probation department may:
917	917	(1) require counseling for the child regarding the
918	918	child's conduct;
919	919	(2) inform the child of the progressive sanctions that
920	920	may be imposed on the child if the child continues to engage in
921	921	delinquent conduct or conduct indicating a need for supervision;
922	922	(3) inform the child's parents or guardians of the
923	923	parents' or guardians' responsibility to impose reasonable
924	924	restrictions on the child to prevent the conduct from recurring;
925	925	(4) provide information or other assistance to the
926	926	child or the child's parents or guardians in securing needed social
927	927	services;
928	928	(5) require the child or the child's parents or
929	929	guardians to participate in a program for services under Section
930	930	137.152, Human Resources Code [264.302], if a program under Section
931	931	137.152 [264.302] is available to the child or the child's parents
932	932	or guardians;
933	933	(6) refer the child to a community-based citizen
934	934	intervention program approved by the juvenile court;
935	935	(7) release the child to the child's parents or
936	936	guardians; and
937	937	(8) require the child to attend and successfully
938	938	complete an educational program described by Section 37.218,
939	939	Education Code, or another equivalent educational program.
940	940	SECTION 10. Section 59.005(a), Family Code, is amended to
941	941	read as follows:
942	942	(a) For a child at sanction level two, the juvenile court,
943	943	the prosecuting attorney, or the probation department may, as
944	944	provided by Section 53.03:
945	945	(1) place the child on deferred prosecution for not
946	946	less than three months or more than six months;
947	947	(2) require the child to make restitution to the
948	948	victim of the child's conduct or perform community service
949	949	restitution appropriate to the nature and degree of harm caused and
950	950	according to the child's ability;
951	951	(3) require the child's parents or guardians to
952	952	identify restrictions the parents or guardians will impose on the
953	953	child's activities and requirements the parents or guardians will
954	954	set for the child's behavior;
955	955	(4) provide the information required under Sections
956	956	59.004(a)(2) and (4);
957	957	(5) require the child or the child's parents or
958	958	guardians to participate in a program for services under Section
959	959	137.152, Human Resources Code [264.302], if a program under Section
960	960	137.152 [264.302] is available to the child or the child's parents
961	961	or guardians;
962	962	(6) refer the child to a community-based citizen
963	963	intervention program approved by the juvenile court; and
964	964	(7) if appropriate, impose additional conditions of
965	965	probation.
966	966	SECTION 11. Section 261.002, Family Code, is amended by
967	967	adding Subsection (d) to read as follows:
968	968	(d) The department shall provide the Health and Human
969	969	Services Commission with access to the central registry as
970	970	necessary for the commission to perform its duties under Section
971	971	137.005, Human Resources Code.
972	972	SECTION 12. Subchapter A, Chapter 531, Government Code, is
973	973	amended by adding Section 531.0045 to read as follows:
974	974	Sec. 531.0045. LIMIT ON SUNSET REVIEW. The Sunset Advisory
975	975	Commission's review of the Health and Human Services Commission
976	976	under Chapter 325 (Texas Sunset Act) during the period in which
977	977	state agencies abolished in 2027 are reviewed may not include a
978	978	review of the family support services programs transferred to the
979	979	commission under Chapter 137, Human Resources Code, or the Thriving
980	980	Texas Families Program established under Chapter 54, Health and
981	981	Safety Code. This section expires September 1, 2027.
982	982	SECTION 13. Section 40.0025(b), Human Resources Code, is
983	983	amended to read as follows:
984	984	(b) In accordance with Subchapter A-1, Chapter 531,
985	985	Government Code, and notwithstanding any other law, the department
986	986	performs only functions, including the statewide intake of reports
987	987	and other information, related to the following services:
988	988	(1) child protective services, including services
989	989	that are required by federal law to be provided by this state's
990	990	child welfare agency;
991	991	(2) adult protective services, other than
992	992	investigations of the alleged abuse, neglect, or exploitation of an
993	993	elderly person or person with a disability:
994	994	(A) in a facility operated, or in a facility or by
995	995	a person licensed, certified, or registered, by a state agency; or
996	996	(B) by a provider that has contracted to provide
997	997	home and community-based services; and
998	998	(3) family support [prevention and early
999	999	intervention] services functions, including:
1000	1000	(A) family support [prevention and early
1001	1001	intervention] services as defined under Section 137.002 [265.001,
1002	1002	Family Code]; and
1003	1003	(B) programs that:
1004	1004	(i) provide parent education;
1005	1005	(ii) promote healthier parent-child
1006	1006	relationships; or
1007	1007	(iii) prevent family violence.
1008	1008	SECTION 14. Subtitle B, Title 2, Health and Safety Code, is
1009	1009	amended by adding Chapter 54 to read as follows:
1010	1010	CHAPTER 54. THRIVING TEXAS FAMILIES PROGRAM
1011	1011	Sec. 54.001. DEFINITIONS. In this chapter:
1012	1012	(1) "Abortion" has the meaning assigned by Section
1013	1013	245.002.
1014	1014	(2) "Network contractor" means a person who contracts
1015	1015	with the commission to provide or coordinate the provision of
1016	1016	services under this chapter.
1017	1017	Sec. 54.002. ESTABLISHMENT. (a) The commission shall
1018	1018	establish the Thriving Texas Families Program as a continuation of
1019	1019	the alternatives to abortion program to facilitate the operation of
1020	1020	a statewide support network that provides community outreach,
1021	1021	consultation, and care coordination for women with an unexpected
1022	1022	pregnancy.
1023	1023	(b) The Thriving Texas Families Program shall:
1024	1024	(1) promote healthy pregnancy and childbirth;
1025	1025	(2) promote childbirth as an alternative to abortion;
1026	1026	(3) increase access to resources that promote family
1027	1027	and child development;
1028	1028	(4) encourage family formation;
1029	1029	(5) help parents establish and implement successful
1030	1030	parenting techniques;
1031	1031	(6) increase the number of families who achieve
1032	1032	economic self-sufficiency; and
1033	1033	(7) provide a local approach and personalized support
1034	1034	to pregnant women to promote childbirth in all instances of
1035	1035	pregnancy.
1036	1036	(c) The commission shall contract with network contractors
1037	1037	to establish a statewide network of service providers, including
1038	1038	pregnancy support centers, adoption assistance providers, and
1039	1039	maternity homes, to provide the services described by Section
1040	1040	54.003. The commission may contract with the service providers to
1041	1041	provide the services in accordance with this chapter.
1042	1042	(d) In developing the statewide network of service
1043	1043	providers, the commission shall, to the extent practicable,
1044	1044	contract with providers who have a history of working with the
1045	1045	commission in programs similar to the program created by this
1046	1046	chapter.
1047	1047	Sec. 54.003. SERVICES. (a) Using the network contractors
1048	1048	described under Section 54.002, the commission shall ensure that
1049	1049	services described by this chapter are available throughout this
1050	1050	state.
1051	1051	(b) Services provided through the program include:
1052	1052	(1) counseling and mentoring on pregnancy, education,
1053	1053	parenting skills, adoption services, life skills, and employment
1054	1054	readiness topics;
1055	1055	(2) care coordination for prenatal, perinatal, and
1056	1056	postnatal services, including connecting participants to health
1057	1057	services;
1058	1058	(3) educational materials and information about
1059	1059	pregnancy, parenting, and adoption services;
1060	1060	(4) referrals to governmental and social service
1061	1061	programs, including child care, transportation, housing, and state
1062	1062	and federal benefit programs;
1063	1063	(5) classes on life skills, personal finance,
1064	1064	parenthood, stress management, job training, job readiness, job
1065	1065	placement, and educational attainment;
1066	1066	(6) provision of supplies for infant care and
1067	1067	pregnancy, including car seats, cribs, maternity clothes, infant
1068	1068	diapers, and formula; and
1069	1069	(7) housing services.
1070	1070	(c) A service provider participating in the program may not
1071	1071	be required to provide all services listed under Subsection (b).
1072	1072	(d) A network contractor may provide housing services under
1073	1073	Subsection (b)(7) through a maternity home.
1074	1074	(e) The commission or network contractors may not provide
1075	1075	family planning services through the network.
1076	1076	Sec. 54.004. ELIGIBILITY. Program services are available
1077	1077	to a resident of this state who is:
1078	1078	(1) a pregnant woman;
1079	1079	(2) the biological father of an unborn child;
1080	1080	(3) the biological parent of a child who is 36 months
1081	1081	of age or younger;
1082	1082	(4) an adoptive parent of a child who is 36 months of
1083	1083	age or younger;
1084	1084	(5) an approved adoptive parent of an unborn child;
1085	1085	(6) a former participant who has experienced the loss
1086	1086	of a child;
1087	1087	(7) a parent or legal guardian of a pregnant minor who
1088	1088	is a program client;
1089	1089	(8) the parent, legal guardian, or adult caregiver of
1090	1090	a child who is 36 months of age or younger; and
1091	1091	(9) a parent who experienced a miscarriage or loss of a
1092	1092	child not more than 90 days before the parent begins participation
1093	1093	in the services offered through the program.
1094	1094	Sec. 54.005. PROVISION OF SERVICES. (a) The commission and
1095	1095	its network contractors shall contract with service providers to
1096	1096	assess the needs of the participants and implement a plan to provide
1097	1097	services to address the participants' most critical needs.
1098	1098	(b) A service provider participating in the program may
1099	1099	refer a program client to a service provider not participating in
1100	1100	the program for medical services otherwise covered by the program.
1101	1101	Services received through a referral under this subsection may not
1102	1102	be paid for using program funds.
1103	1103	Sec. 54.006. PERFORMANCE OUTCOMES. (a) The commission and
1104	1104	its network contractors may contract only with service providers
1105	1105	whose performance outcomes include:
1106	1106	(1) improving healthy pregnancy and childbirth
1107	1107	outcomes;
1108	1108	(2) improving child health and development;
1109	1109	(3) assisting families in achieving economic
1110	1110	self-sufficiency and stability;
1111	1111	(4) increasing workforce participation; or
1112	1112	(5) promoting marriage and family formation for
1113	1113	participating parents.
1114	1114	(b) The commission shall identify indicators to measure the
1115	1115	performance outcomes under Subsection (a) and require periodic
1116	1116	reporting on the outcomes by network contractors and participating
1117	1117	service providers.
1118	1118	Sec. 54.007. IMPACT EVALUATION. (a) The commission shall
1119	1119	periodically conduct impact evaluations to measure the effects of
1120	1120	services on participants receiving services through the program and
1121	1121	to report on measured performance outcomes.
1122	1122	(b) The commission shall contract with an external third
1123	1123	party to perform impact evaluations under this chapter.
1124	1124	(c) The commission shall select the impact evaluator
1125	1125	through a competitive bidding process. The evaluator must have a
1126	1126	demonstrated history in evaluating social services programs using
1127	1127	an integrated holistic impact approach and data modeling.
1128	1128	(d) The commission may not enter into an interagency
1129	1129	agreement to conduct an evaluation under this section.
1130	1130	Sec. 54.008. REPORTS; AUDITS. (a) The commission shall
1131	1131	compile reports provided by network contractors and service
1132	1132	providers under Section 54.006 and audit a sampling of the reports
1133	1133	to ensure validity.
1134	1134	(b) The commission shall annually issue a report that
1135	1135	includes:
1136	1136	(1) the total number of network contractors and
1137	1137	service providers, sorted by geographical region served;
1138	1138	(2) the total number of individuals served by each
1139	1139	provider, sorted by age and sex;
1140	1140	(3) the total amount of expenditures, sorted by method
1141	1141	of finance;
1142	1142	(4) the value of the contracts with each network
1143	1143	contractor and service provider;
1144	1144	(5) any outcome measures reported to the commission by
1145	1145	network contractors and service providers;
1146	1146	(6) any performance outcomes reported to the
1147	1147	commission under Section 54.006; and
1148	1148	(7) the results of any impact evaluation conducted
1149	1149	under Section 54.007.
1150	1150	Sec. 54.009. RULES. (a) The executive commissioner may
1151	1151	adopt rules to implement this chapter.
1152	1152	(b) The executive commissioner may not adopt a rule that
1153	1153	violates Chapter 110, Civil Practice and Remedies Code, or Chapter
1154	1154	45, Human Resources Code.
1155	1155	Sec. 54.010. PROHIBITED CONTRACT TERMS. A contract under
1156	1156	this chapter may not include a provision that violates Chapter 110,
1157	1157	Civil Practice and Remedies Code, or Chapter 45, Human Resources
1158	1158	Code.
1159	1159	Sec. 54.011. FUNDING. (a) The commission shall, to the
1160	1160	greatest extent possible, seek private funding to supplement and
1161	1161	match funding provided through the program.
1162	1162	(b) The commission or a service provider may not:
1163	1163	(1) use funding provided through the program to
1164	1164	perform, induce, assist, or refer an abortion; or
1165	1165	(2) grant funds to an abortion provider or an
1166	1166	affiliate of an abortion provider.
1167	1167	(c) The commission may not use more than three percent of
1168	1168	funding allocated to the program to:
1169	1169	(1) administer the program; and
1170	1170	(2) procure evaluator services under Section 54.007.
1171	1171	SECTION 15. Section 118.022(b), Local Government Code, is
1172	1172	amended to read as follows:
1173	1173	(b) The comptroller shall deposit the money received under
1174	1174	Subsection (a)(1) to the credit of the child abuse and neglect
1175	1175	prevention trust fund account established under Section 137.054
1176	1176	[40.105], Human Resources Code.
1177	1177	SECTION 16. (a) On September 1, 2024, all powers, duties,
1178	1178	functions, programs, employees, administrative support services,
1179	1179	contracts, property, records, and other resources necessary to
1180	1180	comply with this Act are transferred from the Department of Family
1181	1181	and Protective Services to the Health and Human Services
1182	1182	Commission, including the operating fund and trust fund under
1183	1183	Subchapter B, Chapter 137, Human Resources Code, as amended by this
1184	1184	Act.
1185	1185	(b) The Health and Human Services Commission shall, not
1186	1186	later than September 1, 2025, develop and implement its initial
1187	1187	five-year strategic plan under Section 137.005, Human Resources
1188	1188	Code, as amended by this Act. The initial plan must additionally
1189	1189	include plans to develop and implement the system of family support
1190	1190	programs under Section 137.003(a)(2), Human Resources Code, as
1191	1191	amended by this Act.
1192	1192	(c) The Department of Family and Protective Services and the
1193	1193	Health and Human Services Commission shall ensure that children and
1194	1194	families receiving services under Chapter 265, Family Code, on the
1195	1195	effective date of this Act continue to receive services with
1196	1196	minimal disruption as the programs are transferred to the
1197	1197	commission.
1198	1198	SECTION 17. The following provisions of the Family Code are
1199	1199	repealed:
1200	1200	(1) the heading to Chapter 265;
1201	1201	(2) the heading to Subchapter D, Chapter 265; and
1202	1202	(3) Section 265.151.
1203	1203	SECTION 18. This Act takes effect September 1, 2023.
1204	1204	______________________________ ______________________________
1205	1205	President of the Senate Speaker of the House
1206	1206	I hereby certify that S.B. No. 24 passed the Senate on
1207	1207	March 27, 2023, by the following vote: Yeas 23, Nays 7; and that
1208	1208	the Senate concurred in House amendments on May 25, 2023, by the
1209	1209	following vote: Yeas 24, Nays 7.
1210	1210	______________________________
1211	1211	Secretary of the Senate
1212	1212	I hereby certify that S.B. No. 24 passed the House, with
1213	1213	amendments, on May 22, 2023, by the following vote: Yeas 124,
1214	1214	Nays 22, one present not voting.
1215	1215	______________________________
1216	1216	Chief Clerk of the House
1217	1217	Approved:
1218	1218	______________________________
1219	1219	Date
1220	1220	______________________________
1221	1221	Governor