Texas 2023 - 88th Regular

Texas Senate Bill SB2525 Compare Versions

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1	1	88R4072 MLH-D
2	2	By: Kolkhorst S.B. No. 2525
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to creating the Family and Protective Services Board.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	ARTICLE 1. CREATION OF FAMILY AND PROTECTIVE SERVICES BOARD
10	10	SECTION 1.01. Section 40.001, Human Resources Code, is
11	11	amended by adding Subdivision (1) to read as follows:
12	12	(1) "Board" means the Family and Protective Services
13	13	Board.
14	14	SECTION 1.02. Chapter 40, Human Resources Code, is amended
15	15	by adding Subchapters D and E to read as follows:
16	16	SUBCHAPTER D. FAMILY AND PROTECTIVE SERVICES BOARD
17	17	Sec. 40.101. BOARD. (a) The Family and Protective Services
18	18	Board consists of five members appointed by the governor with the
19	19	advice and consent of the senate.
20	20	(b) The members shall be appointed to reflect the diverse
21	21	geographic regions and population groups of this state. One member
22	22	must reside in a rural area and be a registered voter of a county
23	23	with a population of less than 150,000.
24	24	(c) A member of the board may not accept a contribution to a
25	25	campaign for election to an elected office. If a board member
26	26	accepts a campaign contribution, the person is considered to have
27	27	resigned from the office and the office immediately becomes vacant.
28	28	The vacancy shall be filled in the manner provided by law.
29	29	(d) Each member of the board must represent the general
30	30	public.
31	31	(e) A person is not eligible to serve as a member of the
32	32	board if the person or the person's spouse:
33	33	(1) is employed by or participates in the management
34	34	of a business entity or other organization that is regulated by or
35	35	receives funds from the department;
36	36	(2) directly or indirectly owns or controls more than
37	37	10 percent interest in a business entity or other organization that
38	38	is regulated by or receives funds from the department;
39	39	(3) uses or receives a substantial amount of tangible
40	40	goods, services, or funds from the department, other than
41	41	compensation or reimbursement authorized by law for board
42	42	membership, attendance, or expenses; or
43	43	(4) is registered, certified, or licensed by a
44	44	regulatory agency in the field of child welfare services.
45	45	(f) A person may not be a member of the board or act as the
46	46	general counsel to the board or the department if the person is
47	47	required to register as a lobbyist under Chapter 305, Government
48	48	Code, because of the person's activities for compensation on behalf
49	49	of a profession related to the operation of the department.
50	50	(g) Appointments to the board shall be made without regard
51	51	to race, color, disability, sex, religion, age, or national origin
52	52	of the appointees and shall reflect the diversity of the population
53	53	of the state as a whole.
54	54	Sec. 40.102. TERMS. Members of the board serve staggered
55	55	six-year terms, with the terms of either one or two members expiring
56	56	February 1 of each odd-numbered year.
57	57	Sec. 40.103. PRESIDING OFFICER. (a) The governor shall
58	58	designate one board member to serve as the presiding officer of the
59	59	board.
60	60	(b) The presiding officer shall:
61	61	(1) preside over board meetings, make rulings on
62	62	motions and points of order, and determine the order of business;
63	63	(2) represent the department in dealing with the
64	64	governor;
65	65	(3) report to the board the governor's suggestions for
66	66	department operations;
67	67	(4) create subcommittees, appoint board members to
68	68	subcommittees, and receive the reports of subcommittees to the
69	69	board as a whole; and
70	70	(5) appoint a board member to act in the presiding
71	71	officer's absence.
72	72	Sec. 40.104. BOARD MEETINGS. The board shall hold regular
73	73	meetings at least once a month and special meetings at the call of
74	74	the presiding officer. Board members shall attend the meetings of
75	75	the board. The presiding officer shall oversee the preparation of
76	76	an agenda for each meeting and ensure that a copy is provided to
77	77	each board member at least seven days before the meeting.
78	78	Sec. 40.105. COMPENSATION. A member of the board is
79	79	entitled to compensation as provided by the General Appropriations
80	80	Act. If compensation for members is not provided by that Act, each
81	81	member is entitled to reimbursement for actual and necessary
82	82	expenses incurred in performing functions as a member of the board.
83	83	Sec. 40.106. GROUNDS FOR REMOVAL. (a) It is a ground for
84	84	removal from the board if a board member:
85	85	(1) does not have at the time of taking office or
86	86	maintain during service on the board the qualifications required by
87	87	Section 40.101;
88	88	(2) violates a prohibition provided by Section 40.101;
89	89	(3) cannot discharge the board member's duties for a
90	90	substantial part of the term for which the board member is appointed
91	91	because of illness or disability; or
92	92	(4) is absent from more than half of the regularly
93	93	scheduled board meetings that the board member is eligible to
94	94	attend during a calendar year, unless the absence is excused by
95	95	majority vote of the board.
96	96	(b) The validity of an action of the board is not affected by
97	97	the fact that it is taken when a ground for removal of a board member
98	98	exists.
99	99	(c) If the commissioner knows that a potential ground for
100	100	removal exists, the commissioner shall notify the presiding officer
101	101	of the board of the ground, and the presiding officer shall notify
102	102	the governor and the attorney general that a potential ground for
103	103	removal exists. If the potential ground for removal relates to the
104	104	presiding officer, the commissioner shall notify another board
105	105	member, who shall notify the governor and the attorney general that
106	106	a potential ground for removal exists.
107	107	Sec. 40.107. INFORMATION ON QUALIFICATIONS AND CONDUCT.
108	108	The department shall provide to the members of the board, as often
109	109	as necessary, information concerning the members' qualifications
110	110	for office and their responsibilities under applicable laws
111	111	relating to standards of conduct for state officers.
112	112	Sec. 40.108. BOARD MEMBER TRAINING. (a) A person who is
113	113	appointed to and qualifies for office as a member of the board may
114	114	not vote, deliberate, or be counted as a member in attendance at a
115	115	meeting of the board until the person completes a training program
116	116	that complies with this section.
117	117	(b) The training program must provide the person with
118	118	information regarding:
119	119	(1) the law governing department operations;
120	120	(2) the programs, functions, rules, and budget of the
121	121	department;
122	122	(3) the scope of and limitations on the rulemaking
123	123	authority of the board;
124	124	(4) the results of the most recent formal audit of the
125	125	department;
126	126	(5) the requirements of:
127	127	(A) laws relating to open meetings, public
128	128	information, administrative procedure, and disclosing conflicts of
129	129	interest; and
130	130	(B) other laws applicable to members of the board
131	131	in performing their duties; and
132	132	(6) any applicable ethics policies adopted by the
133	133	department or the Texas Ethics Commission.
134	134	(c) A person appointed to the board is entitled to
135	135	reimbursement, as provided by the General Appropriations Act, for
136	136	the travel expenses incurred in attending the training program,
137	137	regardless of whether the attendance at the program occurs before
138	138	or after the person qualifies for office.
139	139	(d) The commissioner shall create a training manual that
140	140	includes the information required by Subsection (b). The
141	141	commissioner shall distribute a copy of the training manual
142	142	annually to each member of the board. On receipt of the training
143	143	manual, each member of the board shall sign and submit to the
144	144	commissioner a statement acknowledging receipt of the training
145	145	manual.
146	146	SUBCHAPTER E. BOARD'S POWERS AND DUTIES
147	147	Sec. 40.151. RULES; RECORDS. The board shall:
148	148	(1) adopt rules for the operation of the department;
149	149	and
150	150	(2) maintain a record of all proceedings and official
151	151	orders.
152	152	Sec. 40.152. SEPARATION OF RESPONSIBILITIES. The board
153	153	shall develop and implement policies that clearly separate the
154	154	policy-making responsibilities of the board and the management
155	155	responsibilities of the commissioner and staff of the department.
156	156	Sec. 40.153. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
157	157	RESOLUTION PROCEDURES. (a) The board shall develop and implement a
158	158	policy to encourage the use of:
159	159	(1) negotiated rulemaking procedures under Chapter
160	160	2008, Government Code, for the adoption of department rules; and
161	161	(2) appropriate alternative dispute resolution
162	162	procedures under Chapter 2009, Government Code, to assist in the
163	163	resolution of internal and external disputes under the department's
164	164	jurisdiction.
165	165	(b) The department's procedures relating to alternative
166	166	dispute resolution must conform, to the extent possible, to any
167	167	model guidelines issued by the State Office of Administrative
168	168	Hearings for the use of alternative dispute resolution by state
169	169	agencies.
170	170	(c) The department shall:
171	171	(1) coordinate the implementation of the policy
172	172	adopted under Subsection (a);
173	173	(2) provide training as needed to implement the
174	174	procedures for negotiated rulemaking or alternative dispute
175	175	resolution; and
176	176	(3) collect data concerning the effectiveness of those
177	177	procedures.
178	178	ARTICLE 2. REPEAL OF FAMILY AND PROTECTIVE SERVICES COUNCIL
179	179	SECTION 2.01. Section 531.0012(c), Government Code, is
180	180	amended to read as follows:
181	181	(c) A reference to any of the following councils means the
182	182	executive commissioner or the executive commissioner's designee,
183	183	as appropriate, and a function of any of the following councils is a
184	184	function of that appropriate person:
185	185	(1) the Health and Human Services Council;
186	186	(2) the Aging and Disability Services Council;
187	187	(3) the Assistive and Rehabilitative Services
188	188	Council; or
189	189	(4) [the Family and Protective Services Council; or
190	190	[(5)] the State Health Services Council.
191	191	SECTION 2.02. Section 40.002(a), Human Resources Code, is
192	192	amended to read as follows:
193	193	(a) The Department of Family and Protective Services is
194	194	composed of the board [council], the commissioner, an
195	195	administrative staff, and other employees necessary to efficiently
196	196	carry out the purposes of this chapter.
197	197	SECTION 2.03. Sections 40.045(e) and (i), Human Resources
198	198	Code, are amended to read as follows:
199	199	(e) Not later than March 1 of the state fiscal year in which
200	200	an efficiency audit is required under this section, the board
201	201	[commissioner], in collaboration with the commissioner [council],
202	202	the department's chief financial officer, and the department's
203	203	internal audit director, shall select an external auditor to
204	204	conduct the efficiency audit.
205	205	(i) Not later than November 1 of the calendar year an
206	206	efficiency audit is conducted, the auditor shall prepare and submit
207	207	a report of the audit and recommendations for efficiency
208	208	improvements to the governor, the Legislative Budget Board, the
209	209	state auditor, the commissioner, the board [council], and the
210	210	chairs of the House Human Services Committee and the Senate Health
211	211	and Human Services Committee.
212	212	SECTION 2.04. Section 552.103(c), Health and Safety Code,
213	213	is amended to read as follows:
214	214	(c) The inspector general shall submit the annual status
215	215	report to the:
216	216	(1) executive commissioner;
217	217	(2) commissioner of state health services;
218	218	(3) commissioner of the Department of Family and
219	219	Protective Services;
220	220	(4) State Health Services Council;
221	221	(5) Family and Protective Services Board [Council];
222	222	(6) governor;
223	223	(7) lieutenant governor;
224	224	(8) speaker of the house of representatives;
225	225	(9) standing committees of the senate and house of
226	226	representatives with primary jurisdiction over state hospitals;
227	227	(10) state auditor; and
228	228	(11) comptroller.
229	229	SECTION 2.05. The following provisions of the Human
230	230	Resources Code are repealed:
231	231	(1) Section 40.001(2-a);
232	232	(2) Section 40.021;
233	233	(3) Section 40.022;
234	234	(4) Section 40.023;
235	235	(5) Section 40.024;
236	236	(6) Section 40.025; and
237	237	(7) Section 40.026.
238	238	ARTICLE 3. CONFORMING CHANGES
239	239	SECTION 3.01. Sections 162.304(b-2) and (g), Family Code,
240	240	are amended to read as follows:
241	241	(b-2) The Family and Protective Services Board
242	242	[commissioner of the department] shall adopt rules necessary to
243	243	implement Subsection (b-1), including rules that:
244	244	(1) limit eligibility for the subsidy under that
245	245	subsection to a child whose adoptive family income is less than 300
246	246	percent of the federal poverty level;
247	247	(2) provide for the manner in which the department
248	248	shall pay the subsidy under that subsection; and
249	249	(3) specify any documentation required to be provided
250	250	by an adoptive parent as proof that the subsidy is used to obtain
251	251	and maintain health benefits coverage for the adopted child.
252	252	(g) The Family and Protective Services Board [commissioner
253	253	of the department] by rule shall provide that the maximum amount of
254	254	the subsidy under Subsection (b) that may be paid to an adoptive
255	255	parent of a child under an adoption assistance agreement is an
256	256	amount that is equal to the amount that would have been paid to the
257	257	foster parent of the child, based on the child's foster care service
258	258	level on the date the department and the adoptive parent enter into
259	259	the adoption assistance agreement. This subsection applies only to
260	260	a child who, based on factors specified in rules of the department,
261	261	the department determines would otherwise have been expected to
262	262	remain in foster care until the child's 18th birthday and for whom
263	263	this state would have made foster care payments for that care.
264	264	Factors the department may consider in determining whether a child
265	265	is eligible for the amount of the subsidy authorized by this
266	266	subsection include the following:
267	267	(1) the child's mental or physical disability, age,
268	268	and membership in a sibling group; and
269	269	(2) the number of prior placement disruptions the
270	270	child has experienced.
271	271	SECTION 3.02. Section 162.3041(a-1), Family Code, is
272	272	amended to read as follows:
273	273	(a-1) Notwithstanding Subsection (a), if the department
274	274	first entered into an adoption assistance agreement with a child's
275	275	adoptive parents after the child's 16th birthday, the department
276	276	shall, in accordance with rules adopted by the Family and
277	277	Protective Services Board [commissioner of the department], offer
278	278	adoption assistance after the child's 18th birthday to the child's
279	279	adoptive parents under an existing adoption agreement until the
280	280	last day of the month of the child's 21st birthday, provided the
281	281	child is:
282	282	(1) regularly attending high school or enrolled in a
283	283	program leading toward a high school diploma or high school
284	284	equivalency certificate;
285	285	(2) regularly attending an institution of higher
286	286	education or a postsecondary vocational or technical program;
287	287	(3) participating in a program or activity that
288	288	promotes, or removes barriers to, employment;
289	289	(4) employed for at least 80 hours a month; or
290	290	(5) incapable of doing any of the activities described
291	291	by Subdivisions (1)-(4) due to a documented medical condition.
292	292	SECTION 3.03. Section 263.009(a), Family Code, is amended
293	293	to read as follows:
294	294	(a) The department shall hold a permanency planning meeting
295	295	for each child for whom the department is appointed temporary
296	296	managing conservator in accordance with a schedule adopted by the
297	297	Family and Protective Services Board [commissioner of the
298	298	department] by rule that is designed to allow the child to exit the
299	299	managing conservatorship of the department safely and as soon as
300	300	possible and be placed with an appropriate adult caregiver who will
301	301	permanently assume legal responsibility for the child.
302	302	SECTION 3.04. Sections 266.001(1-a) and (1-b), Family Code,
303	303	are amended to read as follows:
304	304	(1-a) "Board" means the Family and Protective Services
305	305	Board.
306	306	(1-b) "Commission" means the Health and Human Services
307	307	Commission.
308	308	[(1-b) "Commissioner" means the commissioner of the
309	309	Department of Family and Protective Services.]
310	310	SECTION 3.05. Section 266.003(c), Family Code, is amended
311	311	to read as follows:
312	312	(c) The board [commissioner] shall adopt rules necessary to
313	313	implement this chapter.
314	314	SECTION 3.06. Section 266.006(b), Family Code, is amended
315	315	to read as follows:
316	316	(b) The executive commissioner, in collaboration with the
317	317	board [commissioner], shall adopt rules specifying the information
318	318	required to be included in the passport. The required information
319	319	may include:
320	320	(1) the name and address of each of the child's
321	321	physicians and health care providers;
322	322	(2) a record of each visit to a physician or other
323	323	health care provider, including routine checkups conducted in
324	324	accordance with the Texas Health Steps program;
325	325	(3) an immunization record that may be exchanged with
326	326	ImmTrac;
327	327	(4) a list of the child's known health problems and
328	328	allergies;
329	329	(5) information on all medications prescribed to the
330	330	child in adequate detail to permit refill of prescriptions,
331	331	including the disease or condition that the medication treats; and
332	332	(6) any other available health history that physicians
333	333	and other health care providers who provide care for the child
334	334	determine is important.
335	335	SECTION 3.07. Section 411.114(a)(5), Government Code, is
336	336	amended to read as follows:
337	337	(5) The Department of Family and Protective Services
338	338	or the Health and Human Services Commission may not use the
339	339	authority granted under this section to harass an employee or
340	340	volunteer. The [commissioner of the Department of] Family and
341	341	Protective Services Board or the executive commissioner of the
342	342	Health and Human Services Commission, as applicable, shall adopt
343	343	rules to prevent the harassment of an employee or volunteer through
344	344	the request and use of criminal records.
345	345	SECTION 3.08. Section 531.998(b), Government Code, as
346	346	amended by S.B. 213, Acts of the 85th Legislature, Regular Session,
347	347	2017, is reenacted and amended to read as follows:
348	348	(b) The report must be submitted to the governor, the
349	349	lieutenant governor, each standing committee of the legislature
350	350	with jurisdiction over matters involving the department, each
351	351	member of the legislature, the executive commissioner, [and] the
352	352	commissioner of the department, and the Family and Protective
353	353	Services Board not later than December 1 of each year. On receipt
354	354	of the report, the department and the commission shall make the
355	355	report publicly available on the department's and the commission's
356	356	Internet websites.
357	357	SECTION 3.09. Section 40.004, Human Resources Code, is
358	358	amended to read as follows:
359	359	Sec. 40.004. PUBLIC INTEREST INFORMATION AND PUBLIC ACCESS.
360	360	(a) The board [commissioner] shall develop and implement policies
361	361	that provide the public with a reasonable opportunity to appear
362	362	before the board [commissioner] and to speak on any issue under the
363	363	jurisdiction of the department.
364	364	(b) The board [commissioner], with the advice of the
365	365	commissioner [council], shall prepare information of public
366	366	interest describing the functions of the department. The
367	367	commission shall make the information available to the public and
368	368	appropriate state agencies.
369	369	(c) [The commissioner shall grant an opportunity for a
370	370	public hearing before the council makes recommendations to the
371	371	commissioner regarding a substantive rule if a public hearing is
372	372	requested by:
373	373	[(1) at least 25 persons;
374	374	[(2) a governmental entity; or
375	375	[(3) an association with at least 25 members.
376	376	[(d)] The board [executive commissioner] shall consider
377	377	fully all written and oral submissions about a proposed rule.
378	378	SECTION 3.10. Section 40.0041(f), Human Resources Code, is
379	379	amended to read as follows:
380	380	(f) The department shall periodically prepare and deliver
381	381	reports to the executive commissioner, [and] the commissioner, and
382	382	the board regarding the number, type, and resolution of complaints
383	383	made in the state against the department.
384	384	SECTION 3.11. Section 40.027, Human Resources Code, is
385	385	amended to read as follows:
386	386	Sec. 40.027. COMMISSIONER. (a) The board [governor, with
387	387	the advice and consent of the senate,] shall appoint a
388	388	commissioner. The commissioner is to be selected according to
389	389	education, training, experience, and demonstrated ability.
390	390	(b) The commissioner serves at the will of the board [a term
391	391	of two years].
392	392	(c) The commissioner shall:
393	393	(1) act as the department's chief administrative
394	394	officer;
395	395	(2) oversee the development and implementation of
396	396	policies and guidelines needed for the administration of the
397	397	department's functions; and
398	398	(3) [oversee the development of rules relating to the
399	399	matters within the department's jurisdiction, including the
400	400	delivery of services to persons and the rights and duties of persons
401	401	who are served or regulated by the department; and
402	402	[(4)] serve as a liaison between the department and
403	403	commission.
404	404	(d) The commissioner shall, as directed by the board,
405	405	administer this chapter and other laws relating to the department.
406	406	[(e) Notwithstanding any other law, the commissioner shall
407	407	adopt rules and policies for the operation of and the provision of
408	408	services by the department.]
409	409	SECTION 3.12. Section 40.030, Human Resources Code, is
410	410	amended to read as follows:
411	411	Sec. 40.030. ADVISORY COMMITTEES. (a) The board
412	412	[commissioner] or the board's [commissioner's] designee may appoint
413	413	advisory committees in accordance with Chapter 2110, Government
414	414	Code.
415	415	(b) The board [commissioner] shall adopt rules, in
416	416	compliance with Chapter 2110, Government Code, regarding the
417	417	purpose, structure, and use of advisory committees by the
418	418	department. The rules may include provisions governing:
419	419	(1) an advisory committee's size and quorum
420	420	requirements;
421	421	(2) qualifications for membership of an advisory
422	422	committee, including:
423	423	(A) requirements relating to experience and
424	424	geographic representation; and
425	425	(B) requirements for the department to include as
426	426	members of advisory committees youth who have aged out of foster
427	427	care and parents who have successfully completed family service
428	428	plans and whose children were returned to the parents, as
429	429	applicable;
430	430	(3) appointment procedures for an advisory committee;
431	431	(4) terms for advisory committee members; and
432	432	(5) compliance with Chapter 551, Government Code.
433	433	SECTION 3.13. Section 40.042(g), Human Resources Code, as
434	434	added by Chapter 1136 (H.B. 249), Acts of the 85th Legislature,
435	435	Regular Session, 2017, is amended to read as follows:
436	436	(g) The executive commissioner or the board [commissioner
437	437	of the department], as appropriate, may adopt rules to implement
438	438	this section.
439	439	SECTION 3.14. Section 40.043, Human Resources Code, is
440	440	amended to read as follows:
441	441	Sec. 40.043. CHILD SAFETY AND RUNAWAY PREVENTION
442	442	PROCEDURES. The board [commissioner] by rule shall establish the
443	443	department's strategy to:
444	444	(1) develop trauma-informed protocols for reducing
445	445	the number of incidents in which a child in the conservatorship of
446	446	the department runs away from a residential treatment center; and
447	447	(2) balance measures aimed at protecting child safety
448	448	with federal and state requirements related to normalcy and
449	449	decision making under the reasonable and prudent parent standard
450	450	prescribed by 42 U.S.C. Section 675 and Sections 264.001 and
451	451	264.125, Family Code.
452	452	SECTION 3.15. Section 40.065(b), Human Resources Code, is
453	453	amended to read as follows:
454	454	(b) The department shall develop and implement a
455	455	communication plan to ensure statewide public and government
456	456	awareness of child abuse or neglect investigated by the department.
457	457	The plan shall include information detailing the procedure followed
458	458	by the department during the investigation and the responsibilities
459	459	of the department in child abuse cases. In implementing the plan,
460	460	the department shall establish a process for expediting the
461	461	reporting of child abuse or neglect to the department. The board
462	462	[executive commissioner] shall adopt rules to implement this
463	463	subsection.
464	464	SECTION 3.16. Section 40.066(b), Human Resources Code, is
465	465	amended to read as follows:
466	466	(b) The memorandum of understanding shall require the chief
467	467	administrative law judge, the department, and the board
468	468	[commissioner] to cooperate in connection with a contested case
469	469	hearing and may authorize the State Office of Administrative
470	470	Hearings to perform any administrative act, including the giving of
471	471	notice, that is required to be performed by the department or board
472	472	[commissioner].
473	473	SECTION 3.17. Section 48.0021, Human Resources Code, is
474	474	amended to read as follows:
475	475	Sec. 48.0021. REFERENCE TO COMMISSION OR EXECUTIVE
476	476	COMMISSIONER. In this chapter:
477	477	(1) a reference to the Health and Human Services
478	478	Commission means the Department of Family and Protective Services;
479	479	and
480	480	(2) a reference to the executive commissioner means
481	481	the [commissioner of the Department of] Family and Protective
482	482	Services Board.
483	483	SECTION 3.18. The following provisions of the Human
484	484	Resources Code are repealed:
485	485	(1) Section 40.042(d), as added by Chapter 1136 (H.B.
486	486	249), Acts of the 85th Legislature, Regular Session, 2017; and
487	487	(2) Section 40.042(g), as added by Chapter 319 (S.B.
488	488	11), Acts of the 85th Legislature, Regular Session, 2017.
489	489	ARTICLE 4. TRANSITION AND EFFECTIVE DATE
490	490	SECTION 4.01. (a) Not later than January 1, 2024, the
491	491	governor shall appoint members to the Family and Protective
492	492	Services Board as provided by Section 40.101, Human Resources Code,
493	493	as added by this Act.
494	494	(b) In appointing the initial members of the Family and
495	495	Protective Services Board under Section 40.101, Human Resources
496	496	Code, as added by this Act, the governor shall appoint:
497	497	(1) one member for a term expiring February 1, 2025;
498	498	(2) two members for terms expiring February 1, 2027;
499	499	and
500	500	(3) two members for terms expiring February 1, 2029.
501	501	SECTION 4.02. Notwithstanding Section 40.108, Human
502	502	Resources Code, as added by this Act, a person serving on the Family
503	503	and Protective Services Board may vote, deliberate, and be counted
504	504	as a member in attendance at a meeting of the board until April 1,
505	505	2024.
506	506	SECTION 4.03. This Act takes effect September 1, 2023.