|   | 
      
      
        | 
           
			 | 
        
          A BILL TO BE ENTITLED
         | 
      
      
        | 
           
			 | 
        
          AN ACT
         | 
      
      
        |   | 
      
      
        | 
           
			 | 
        relating to the efficiency of and consolidation of powers and  | 
      
      
        | 
           
			 | 
        duties within the health and human services system. | 
      
      
        | 
           
			 | 
               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
        | 
           
			 | 
        ARTICLE 1.  CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM | 
      
      
        | 
           
			 | 
               SECTION 1.01.  (a)  Chapter 531, Government Code, is amended  | 
      
      
        | 
           
			 | 
        by adding Subchapter A-1 to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER A-1.  CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM | 
      
      
        | 
           
			 | 
               Sec. 531.02001.  CONSOLIDATION OF HEALTH AND HUMAN SERVICES  | 
      
      
        | 
           
			 | 
        SYSTEM GENERALLY.  In accordance with this subchapter, the  | 
      
      
        | 
           
			 | 
        functions of the health and human services system described under  | 
      
      
        | 
           
			 | 
        Sections 531.0201, 531.02011, and 531.02012 are consolidated  | 
      
      
        | 
           
			 | 
        through a phased transfer of those functions under which: | 
      
      
        | 
           
			 | 
                     (1)  the initial transfers required under Section  | 
      
      
        | 
           
			 | 
        531.0201 occur: | 
      
      
        | 
           
			 | 
                           (A)  on or after the date on which the executive  | 
      
      
        | 
           
			 | 
        commissioner submits the transition plan to the required persons  | 
      
      
        | 
           
			 | 
        under Section 531.0204(e); and | 
      
      
        | 
           
			 | 
                           (B)  not later than September 1, 2016; | 
      
      
        | 
           
			 | 
                     (2)  the final transfers required under Section  | 
      
      
        | 
           
			 | 
        531.02011 occur: | 
      
      
        | 
           
			 | 
                           (A)  on or after September 1, 2016; and | 
      
      
        | 
           
			 | 
                           (B)  not later than September 1, 2017; and | 
      
      
        | 
           
			 | 
                     (3)  transfers of administrative support services  | 
      
      
        | 
           
			 | 
        functions occur in accordance with Section 531.02012. | 
      
      
        | 
           
			 | 
               Sec. 531.02002.  MEANING OF FUNCTION IN RELATION TO  | 
      
      
        | 
           
			 | 
        TRANSFERS.  For purposes of the transfers mandated by this  | 
      
      
        | 
           
			 | 
        subchapter, "function" includes a power, duty, program, or activity  | 
      
      
        | 
           
			 | 
        of a state agency or entity. | 
      
      
        | 
           
			 | 
               Sec. 531.0201.  PHASE ONE:  INITIAL TRANSFERS.  (a)  On the  | 
      
      
        | 
           
			 | 
        dates specified in the transition plan required under Section  | 
      
      
        | 
           
			 | 
        531.0204, the following functions are transferred to the commission  | 
      
      
        | 
           
			 | 
        as provided by this subchapter: | 
      
      
        | 
           
			 | 
                     (1)  all functions, including any remaining  | 
      
      
        | 
           
			 | 
        administrative support services functions, of each state agency and  | 
      
      
        | 
           
			 | 
        entity subject to abolition under Section 531.0202(a); and | 
      
      
        | 
           
			 | 
                     (2)  except as provided by Section 531.02013, all  | 
      
      
        | 
           
			 | 
        client services of the health and human services system, including  | 
      
      
        | 
           
			 | 
        client services functions performed by the following: | 
      
      
        | 
           
			 | 
                           (A)  the state agency and entity subject to  | 
      
      
        | 
           
			 | 
        abolition under Section 531.0202(b); | 
      
      
        | 
           
			 | 
                           (B)  the Department of Family and Protective  | 
      
      
        | 
           
			 | 
        Services; and | 
      
      
        | 
           
			 | 
                           (C)  the Department of State Health Services. | 
      
      
        | 
           
			 | 
               (b)  On the dates specified in the transition plan required  | 
      
      
        | 
           
			 | 
        under Section 531.0204, all functions in the health and human  | 
      
      
        | 
           
			 | 
        services system related to prevention and early intervention  | 
      
      
        | 
           
			 | 
        services, including the Nurse-Family Partnership Competitive Grant  | 
      
      
        | 
           
			 | 
        Program under Subchapter C, Chapter 265, Family Code, are  | 
      
      
        | 
           
			 | 
        transferred to the Department of Family and Protective Services. | 
      
      
        | 
           
			 | 
               Sec. 531.02011.  PHASE TWO:  FINAL TRANSFERS TO COMMISSION.   | 
      
      
        | 
           
			 | 
        On the dates specified in the transition plan required under  | 
      
      
        | 
           
			 | 
        Section 531.0204, the following functions are transferred to the  | 
      
      
        | 
           
			 | 
        commission as provided by this subchapter: | 
      
      
        | 
           
			 | 
                     (1)  all functions of each state agency and entity  | 
      
      
        | 
           
			 | 
        subject to abolition under Section 531.0202(b) that remained with  | 
      
      
        | 
           
			 | 
        the agency or entity after the initial transfer of functions under  | 
      
      
        | 
           
			 | 
        Section 531.0201 or a transfer of administrative support services  | 
      
      
        | 
           
			 | 
        functions under Section 531.02012; | 
      
      
        | 
           
			 | 
                     (2)  regulatory functions and functions related to  | 
      
      
        | 
           
			 | 
        state-operated institutions of the Department of State Health  | 
      
      
        | 
           
			 | 
        Services; and | 
      
      
        | 
           
			 | 
                     (3)  regulatory functions of the Department of Family  | 
      
      
        | 
           
			 | 
        and Protective Services. | 
      
      
        | 
           
			 | 
               Sec. 531.02012.  TRANSFER AND CONSOLIDATION OF  | 
      
      
        | 
           
			 | 
        ADMINISTRATIVE SUPPORT SERVICES FUNCTIONS.  (a)  In this section,  | 
      
      
        | 
           
			 | 
        "administrative support services" has the meaning assigned under  | 
      
      
        | 
           
			 | 
        Section 531.00553. | 
      
      
        | 
           
			 | 
               (b)  As soon as practicable after the first day of the period  | 
      
      
        | 
           
			 | 
        prescribed by Section 531.02001(1) and not later than the last day  | 
      
      
        | 
           
			 | 
        of the period prescribed by Section 531.02001(2), in accordance  | 
      
      
        | 
           
			 | 
        with and on the dates specified in the transition plan required  | 
      
      
        | 
           
			 | 
        under Section 531.0204, the executive commissioner shall, after  | 
      
      
        | 
           
			 | 
        consulting with affected state agencies and divisions, transfer and  | 
      
      
        | 
           
			 | 
        consolidate within the commission administrative support services  | 
      
      
        | 
           
			 | 
        functions of the health and human services system to the extent  | 
      
      
        | 
           
			 | 
        consolidation of those support services functions is feasible and  | 
      
      
        | 
           
			 | 
        contributes to the effective performance of the system.   | 
      
      
        | 
           
			 | 
        Consolidation of an administrative support services function under  | 
      
      
        | 
           
			 | 
        this section must be conducted in accordance with the principles  | 
      
      
        | 
           
			 | 
        and requirements for organization of administrative support  | 
      
      
        | 
           
			 | 
        services under Section 531.00553(c). | 
      
      
        | 
           
			 | 
               (c)  Consultation with affected state agencies and divisions  | 
      
      
        | 
           
			 | 
        under Subsection (b) must be conducted in a manner that ensures  | 
      
      
        | 
           
			 | 
        client services are, at most, only minimally affected, and must  | 
      
      
        | 
           
			 | 
        result in a memorandum of understanding or other agreement between  | 
      
      
        | 
           
			 | 
        the commission and each affected agency or division that: | 
      
      
        | 
           
			 | 
                     (1)  details measurable performance goals that the  | 
      
      
        | 
           
			 | 
        commission is expected to meet; | 
      
      
        | 
           
			 | 
                     (2)  identifies a means by which the agency or division  | 
      
      
        | 
           
			 | 
        may seek permission from the executive commissioner to find an  | 
      
      
        | 
           
			 | 
        alternative way to address the needs of the agency or division, as  | 
      
      
        | 
           
			 | 
        appropriate; | 
      
      
        | 
           
			 | 
                     (3)  identifies steps to ensure that programs under the  | 
      
      
        | 
           
			 | 
        health and human services system, whether large or small, receive  | 
      
      
        | 
           
			 | 
        administrative support services that are adequate to meet the  | 
      
      
        | 
           
			 | 
        program's needs; and | 
      
      
        | 
           
			 | 
                     (4)  if appropriate, specifies that staff responsible  | 
      
      
        | 
           
			 | 
        for providing administrative support services consolidated within  | 
      
      
        | 
           
			 | 
        the commission are located in the area where persons requiring  | 
      
      
        | 
           
			 | 
        those services are located to ensure the staff understands related  | 
      
      
        | 
           
			 | 
        program needs and can respond to those needs in a timely manner. | 
      
      
        | 
           
			 | 
               Sec. 531.02013.  FUNCTIONS REMAINING WITH CERTAIN AGENCIES.   | 
      
      
        | 
           
			 | 
        The following functions are not subject to transfer under Sections  | 
      
      
        | 
           
			 | 
        531.0201 and 531.02011: | 
      
      
        | 
           
			 | 
                     (1)  the functions of the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services, including the statewide intake of reports and  | 
      
      
        | 
           
			 | 
        other information, related to the following: | 
      
      
        | 
           
			 | 
                           (A)  child protective services, including  | 
      
      
        | 
           
			 | 
        services that are required by federal law to be provided by this  | 
      
      
        | 
           
			 | 
        state's child welfare agency; | 
      
      
        | 
           
			 | 
                           (B)  adult protective services, other than  | 
      
      
        | 
           
			 | 
        investigations of the alleged abuse, neglect, or exploitation of an  | 
      
      
        | 
           
			 | 
        elderly person or person with a disability: | 
      
      
        | 
           
			 | 
                                 (i)  in a facility operated, or in a facility  | 
      
      
        | 
           
			 | 
        or by a person licensed, certified, or registered, by a state  | 
      
      
        | 
           
			 | 
        agency; or | 
      
      
        | 
           
			 | 
                                 (ii)  by a provider that has contracted to  | 
      
      
        | 
           
			 | 
        provide home and community-based services; and | 
      
      
        | 
           
			 | 
                           (C)  prevention and early intervention services;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (2)  the public health functions of the Department of  | 
      
      
        | 
           
			 | 
        State Health Services, including health care data collection and  | 
      
      
        | 
           
			 | 
        maintenance of the Texas Health Care Information Collection  | 
      
      
        | 
           
			 | 
        program. | 
      
      
        | 
           
			 | 
               Sec. 531.02014.  RELATED TRANSFERS; EFFECT OF  | 
      
      
        | 
           
			 | 
        CONSOLIDATION.  (a)  All of the following that relate to a function  | 
      
      
        | 
           
			 | 
        that is transferred under Section 531.0201, 531.02011, or 531.02012  | 
      
      
        | 
           
			 | 
        are transferred to the commission or the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services, as applicable, on the date the related  | 
      
      
        | 
           
			 | 
        function is transferred as specified in the transition plan  | 
      
      
        | 
           
			 | 
        required under Section 531.0204: | 
      
      
        | 
           
			 | 
                     (1)  all obligations and contracts, including  | 
      
      
        | 
           
			 | 
        obligations and contracts related to a grant program; | 
      
      
        | 
           
			 | 
                     (2)  all property and records in the custody of the  | 
      
      
        | 
           
			 | 
        state agency or entity from which the function is transferred; | 
      
      
        | 
           
			 | 
                     (3)  all funds appropriated by the legislature and  | 
      
      
        | 
           
			 | 
        other money; and | 
      
      
        | 
           
			 | 
                     (4)  all complaints, investigations, or contested  | 
      
      
        | 
           
			 | 
        cases that are pending before the state agency or entity from which  | 
      
      
        | 
           
			 | 
        the function is transferred or a governing person or entity of the  | 
      
      
        | 
           
			 | 
        state agency or entity, without change in status. | 
      
      
        | 
           
			 | 
               (b)  A rule, policy, or form adopted by or on behalf of a  | 
      
      
        | 
           
			 | 
        state agency or entity from which functions are transferred under  | 
      
      
        | 
           
			 | 
        Section 531.0201, 531.02011, or 531.02012 that relates to a  | 
      
      
        | 
           
			 | 
        function that is transferred under one of those sections becomes a  | 
      
      
        | 
           
			 | 
        rule, policy, or form of the receiving state agency upon transfer of  | 
      
      
        | 
           
			 | 
        the related function and remains in effect: | 
      
      
        | 
           
			 | 
                     (1)  until altered by the commission or other receiving  | 
      
      
        | 
           
			 | 
        state agency, as applicable; or | 
      
      
        | 
           
			 | 
                     (2)  unless it conflicts with a rule, policy, or form of  | 
      
      
        | 
           
			 | 
        the receiving state agency. | 
      
      
        | 
           
			 | 
               (c)  A license, permit, or certification in effect that was  | 
      
      
        | 
           
			 | 
        issued by a state agency or entity from which functions are  | 
      
      
        | 
           
			 | 
        transferred under Section 531.0201 or 531.02011 that relates to a  | 
      
      
        | 
           
			 | 
        function that is transferred under either of those sections is  | 
      
      
        | 
           
			 | 
        continued in effect as a license, permit, or certification of the  | 
      
      
        | 
           
			 | 
        commission upon transfer of the related function until the license,  | 
      
      
        | 
           
			 | 
        permit, or certification expires, is suspended or revoked, or  | 
      
      
        | 
           
			 | 
        otherwise becomes invalid. | 
      
      
        | 
           
			 | 
               Sec. 531.0202.  ABOLITION OF STATE AGENCIES AND ENTITIES;  | 
      
      
        | 
           
			 | 
        EFFECT OF TRANSFERS.  (a)  Each of the following state agencies and  | 
      
      
        | 
           
			 | 
        entities is abolished on a date that is within the period prescribed  | 
      
      
        | 
           
			 | 
        by Section 531.02001(1), that is specified in the transition plan  | 
      
      
        | 
           
			 | 
        required under Section 531.0204 for the abolition of the agency or  | 
      
      
        | 
           
			 | 
        entity, and that occurs after all of the agency's or entity's  | 
      
      
        | 
           
			 | 
        functions have been transferred in accordance with Section  | 
      
      
        | 
           
			 | 
        531.0201: | 
      
      
        | 
           
			 | 
                     (1)  the Department of Assistive and Rehabilitative  | 
      
      
        | 
           
			 | 
        Services; | 
      
      
        | 
           
			 | 
                     (2)  the Health and Human Services Council; | 
      
      
        | 
           
			 | 
                     (3)  the Aging and Disability Services Council; | 
      
      
        | 
           
			 | 
                     (4)  the Assistive and Rehabilitative Services  | 
      
      
        | 
           
			 | 
        Council; | 
      
      
        | 
           
			 | 
                     (5)  the Family and Protective Services Council; | 
      
      
        | 
           
			 | 
                     (6)  the State Health Services Council; and | 
      
      
        | 
           
			 | 
                     (7)  the Texas Council on Autism and Pervasive  | 
      
      
        | 
           
			 | 
        Developmental Disorders. | 
      
      
        | 
           
			 | 
               (b)  The following state agency and entity are abolished on a  | 
      
      
        | 
           
			 | 
        date that is within the period prescribed by Section 531.02001(2),  | 
      
      
        | 
           
			 | 
        that is specified in the transition plan required under Section  | 
      
      
        | 
           
			 | 
        531.0204 for the abolition of the state agency or entity, and that  | 
      
      
        | 
           
			 | 
        occurs after all of the state agency's or entity's functions have  | 
      
      
        | 
           
			 | 
        been transferred to the commission in accordance with Sections  | 
      
      
        | 
           
			 | 
        531.0201 and 531.02011: | 
      
      
        | 
           
			 | 
                     (1)  the Department of Aging and Disability Services;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (2)  the Office for the Prevention of Developmental  | 
      
      
        | 
           
			 | 
        Disabilities. | 
      
      
        | 
           
			 | 
               (c)  The abolition of a state agency or entity listed in  | 
      
      
        | 
           
			 | 
        Subsection (a) or (b) and the transfer of its functions and related  | 
      
      
        | 
           
			 | 
        obligations, rights, contracts, records, property, and funds as  | 
      
      
        | 
           
			 | 
        provided by this subchapter and the transfer of functions and  | 
      
      
        | 
           
			 | 
        related obligations, rights, contracts, records, property, and  | 
      
      
        | 
           
			 | 
        funds to or from the Department of Family and Protective Services  | 
      
      
        | 
           
			 | 
        and from the Department of State Health Services as provided by this  | 
      
      
        | 
           
			 | 
        subchapter do not affect or impair an act done, any obligation,  | 
      
      
        | 
           
			 | 
        right, order, permit, certificate, rule, criterion, standard, or  | 
      
      
        | 
           
			 | 
        requirement existing, or any penalty accrued under former law, and  | 
      
      
        | 
           
			 | 
        that law remains in effect for any action concerning those matters. | 
      
      
        | 
           
			 | 
               Sec. 531.0203.  HEALTH AND HUMAN SERVICES TRANSITION  | 
      
      
        | 
           
			 | 
        LEGISLATIVE OVERSIGHT COMMITTEE.  (a)  In this section,  | 
      
      
        | 
           
			 | 
        "committee" means the Health and Human Services Transition  | 
      
      
        | 
           
			 | 
        Legislative Oversight Committee established under this section. | 
      
      
        | 
           
			 | 
               (b)  The Health and Human Services Transition Legislative  | 
      
      
        | 
           
			 | 
        Oversight Committee is created to facilitate the transfer of  | 
      
      
        | 
           
			 | 
        functions under Sections 531.0201, 531.02011, and 531.02012 with  | 
      
      
        | 
           
			 | 
        minimal negative effect on the delivery of services to which those  | 
      
      
        | 
           
			 | 
        functions relate. | 
      
      
        | 
           
			 | 
               (c)  The committee is composed of 11 voting members, as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
                     (1)  four members of the senate, appointed by the  | 
      
      
        | 
           
			 | 
        lieutenant governor; | 
      
      
        | 
           
			 | 
                     (2)  four members of the house of representatives,  | 
      
      
        | 
           
			 | 
        appointed by the speaker of the house of representatives; and | 
      
      
        | 
           
			 | 
                     (3)  three members of the public, appointed by the  | 
      
      
        | 
           
			 | 
        governor. | 
      
      
        | 
           
			 | 
               (d)  The executive commissioner serves as an ex officio,  | 
      
      
        | 
           
			 | 
        nonvoting member of the committee. | 
      
      
        | 
           
			 | 
               (e)  A member of the committee serves at the pleasure of the  | 
      
      
        | 
           
			 | 
        appointing official. | 
      
      
        | 
           
			 | 
               (f)  The lieutenant governor and the speaker of the house of  | 
      
      
        | 
           
			 | 
        representatives shall each designate a presiding co-chair from  | 
      
      
        | 
           
			 | 
        among their respective appointments. | 
      
      
        | 
           
			 | 
               (g)  A member of the committee may not receive compensation  | 
      
      
        | 
           
			 | 
        for serving on the committee but is entitled to reimbursement for  | 
      
      
        | 
           
			 | 
        travel expenses incurred by the member while conducting the  | 
      
      
        | 
           
			 | 
        business of the committee as provided by the General Appropriations  | 
      
      
        | 
           
			 | 
        Act. | 
      
      
        | 
           
			 | 
               (h)  The committee shall: | 
      
      
        | 
           
			 | 
                     (1)  facilitate the transfer of functions under  | 
      
      
        | 
           
			 | 
        Sections 531.0201, 531.02011, and 531.02012 with minimal negative  | 
      
      
        | 
           
			 | 
        effect on the delivery of services to which those functions relate; | 
      
      
        | 
           
			 | 
                     (2)  with assistance from the commission and the state  | 
      
      
        | 
           
			 | 
        agencies and entities from which functions are transferred under  | 
      
      
        | 
           
			 | 
        Sections 531.0201, 531.02011, and 531.02012, advise the executive  | 
      
      
        | 
           
			 | 
        commissioner concerning: | 
      
      
        | 
           
			 | 
                           (A)  the functions to be transferred under this  | 
      
      
        | 
           
			 | 
        subchapter and the funds and obligations that are related to the  | 
      
      
        | 
           
			 | 
        functions; | 
      
      
        | 
           
			 | 
                           (B)  the transfer of the functions and related  | 
      
      
        | 
           
			 | 
        records, property, funds, and obligations by the state agencies and  | 
      
      
        | 
           
			 | 
        entities as provided by this subchapter; and | 
      
      
        | 
           
			 | 
                           (C)  the reorganization of the commission's  | 
      
      
        | 
           
			 | 
        administrative structure in accordance with this subchapter,  | 
      
      
        | 
           
			 | 
        Sections 531.0055, 531.00553, 531.00561, 531.00562, and 531.008,  | 
      
      
        | 
           
			 | 
        and other provisions enacted by the 84th Legislature that become  | 
      
      
        | 
           
			 | 
        law; and | 
      
      
        | 
           
			 | 
                     (3)  meet: | 
      
      
        | 
           
			 | 
                           (A)  during the period between the establishment  | 
      
      
        | 
           
			 | 
        of the committee and September 1, 2017, at least quarterly at the  | 
      
      
        | 
           
			 | 
        call of either chair, in addition to meeting at other times as  | 
      
      
        | 
           
			 | 
        determined appropriate by either chair; | 
      
      
        | 
           
			 | 
                           (B)  during the period between September 2, 2017,  | 
      
      
        | 
           
			 | 
        and December 31, 2019, at least semiannually at the call of either  | 
      
      
        | 
           
			 | 
        chair, in addition to meeting at other times as determined  | 
      
      
        | 
           
			 | 
        appropriate by either chair; and | 
      
      
        | 
           
			 | 
                           (C)  during the period between January 1, 2020,  | 
      
      
        | 
           
			 | 
        and August 31, 2023, at least annually at the call of either chair,  | 
      
      
        | 
           
			 | 
        in addition to meeting at other times as determined appropriate by  | 
      
      
        | 
           
			 | 
        either chair. | 
      
      
        | 
           
			 | 
               (i)  Chapter 551 applies to the committee. | 
      
      
        | 
           
			 | 
               (j)  The committee shall submit a report to the governor,  | 
      
      
        | 
           
			 | 
        lieutenant governor, speaker of the house of representatives, and  | 
      
      
        | 
           
			 | 
        legislature not later than December 1 of each even-numbered year.   | 
      
      
        | 
           
			 | 
        The report must include an update on the progress of and issues  | 
      
      
        | 
           
			 | 
        related to: | 
      
      
        | 
           
			 | 
                     (1)  the transfer of functions under Sections 531.0201,  | 
      
      
        | 
           
			 | 
        531.02011, and 531.02012 to the commission and the Department of  | 
      
      
        | 
           
			 | 
        Family and Protective Services, including the need for any  | 
      
      
        | 
           
			 | 
        additional statutory changes required to complete the transfer of  | 
      
      
        | 
           
			 | 
        prevention and early intervention services functions to the  | 
      
      
        | 
           
			 | 
        department in accordance with this subchapter; and | 
      
      
        | 
           
			 | 
                     (2)  the reorganization of the commission's  | 
      
      
        | 
           
			 | 
        administrative structure in accordance with this subchapter,  | 
      
      
        | 
           
			 | 
        Sections 531.0055, 531.00553, 531.00561, 531.00562, and 531.008,  | 
      
      
        | 
           
			 | 
        and other provisions enacted by the 84th Legislature that become  | 
      
      
        | 
           
			 | 
        law. | 
      
      
        | 
           
			 | 
               (k)  The committee is abolished September 1, 2023. | 
      
      
        | 
           
			 | 
               Sec. 531.02031.  STUDY ON CONTINUING NEED FOR CERTAIN STATE  | 
      
      
        | 
           
			 | 
        AGENCIES.  (a)  Not later than September 1, 2018, the executive  | 
      
      
        | 
           
			 | 
        commissioner shall conduct a study and submit a report and  | 
      
      
        | 
           
			 | 
        recommendation to the Health and Human Services Transition  | 
      
      
        | 
           
			 | 
        Legislative Oversight Committee regarding the need to continue the  | 
      
      
        | 
           
			 | 
        Department of Family and Protective Services and the Department of  | 
      
      
        | 
           
			 | 
        State Health Services as state agencies separate from the  | 
      
      
        | 
           
			 | 
        commission. | 
      
      
        | 
           
			 | 
               (b)  Not later than December 1, 2018, the Health and Human  | 
      
      
        | 
           
			 | 
        Services Transition Legislative Oversight Committee shall review  | 
      
      
        | 
           
			 | 
        the report and recommendation submitted under Subsection (a) and  | 
      
      
        | 
           
			 | 
        submit a report and recommendation to the legislature regarding the  | 
      
      
        | 
           
			 | 
        need to continue the Department of Family and Protective Services  | 
      
      
        | 
           
			 | 
        and the Department of State Health Services as state agencies  | 
      
      
        | 
           
			 | 
        separate from the commission. | 
      
      
        | 
           
			 | 
               (c)  The Health and Human Services Transition Legislative  | 
      
      
        | 
           
			 | 
        Oversight Committee shall include the following in the report  | 
      
      
        | 
           
			 | 
        submitted to the legislature under Subsection (b): | 
      
      
        | 
           
			 | 
                     (1)  an evaluation of the transfer of prevention and  | 
      
      
        | 
           
			 | 
        early intervention services functions to the Department of Family  | 
      
      
        | 
           
			 | 
        and Protective Services as provided by this subchapter, including  | 
      
      
        | 
           
			 | 
        an evaluation of: | 
      
      
        | 
           
			 | 
                           (A)  any increased coordination and efficiency in  | 
      
      
        | 
           
			 | 
        the operation of the programs achieved as a result of the transfer; | 
      
      
        | 
           
			 | 
                           (B)  the department's coordination with other  | 
      
      
        | 
           
			 | 
        state agency programs providing similar prevention and early  | 
      
      
        | 
           
			 | 
        intervention services; and | 
      
      
        | 
           
			 | 
                           (C)  the department's interaction with  | 
      
      
        | 
           
			 | 
        stakeholders and other interested parties in performing the  | 
      
      
        | 
           
			 | 
        department's functions; and | 
      
      
        | 
           
			 | 
                     (2)  any recommendations concerning the transfer of  | 
      
      
        | 
           
			 | 
        prevention and early intervention services functions of the  | 
      
      
        | 
           
			 | 
        department to another state agency. | 
      
      
        | 
           
			 | 
               Sec. 531.0204.  TRANSITION PLAN FOR IMPLEMENTATION OF  | 
      
      
        | 
           
			 | 
        CONSOLIDATION.  (a)  The transfers of functions under Sections  | 
      
      
        | 
           
			 | 
        531.0201, 531.02011, and 531.02012 must be accomplished in  | 
      
      
        | 
           
			 | 
        accordance with a transition plan developed by the executive  | 
      
      
        | 
           
			 | 
        commissioner that ensures that the transfers and provision of  | 
      
      
        | 
           
			 | 
        health and human services in this state are accomplished in a  | 
      
      
        | 
           
			 | 
        careful and deliberative manner.  The transition plan must: | 
      
      
        | 
           
			 | 
                     (1)  include an outline of the commission's reorganized  | 
      
      
        | 
           
			 | 
        structure, including its divisions, in accordance with this  | 
      
      
        | 
           
			 | 
        subchapter, Sections 531.00561, 531.00562, and 531.008, and other  | 
      
      
        | 
           
			 | 
        provisions enacted by the 84th Legislature that become law; | 
      
      
        | 
           
			 | 
                     (2)  include details regarding movement of functions  | 
      
      
        | 
           
			 | 
        and a timeline that, subject to the periods prescribed by Section  | 
      
      
        | 
           
			 | 
        531.02001, specifies the dates on which: | 
      
      
        | 
           
			 | 
                           (A)  the transfers under Sections 531.0201,  | 
      
      
        | 
           
			 | 
        531.02011, and 531.02012 are to be made; | 
      
      
        | 
           
			 | 
                           (B)  each state agency or entity subject to  | 
      
      
        | 
           
			 | 
        abolition under Section 531.0202 is abolished; and | 
      
      
        | 
           
			 | 
                           (C)  each division of the commission is created  | 
      
      
        | 
           
			 | 
        and the division's director is appointed; | 
      
      
        | 
           
			 | 
                     (3)  for purposes of Sections 531.0201, 531.02011, and  | 
      
      
        | 
           
			 | 
        531.02013, define: | 
      
      
        | 
           
			 | 
                           (A)  client services functions; | 
      
      
        | 
           
			 | 
                           (B)  regulatory functions; | 
      
      
        | 
           
			 | 
                           (C)  public health functions; and | 
      
      
        | 
           
			 | 
                           (D)  functions related to: | 
      
      
        | 
           
			 | 
                                 (i)  state-operated institutions; | 
      
      
        | 
           
			 | 
                                 (ii)  child protective services; | 
      
      
        | 
           
			 | 
                                 (iii)  adult protective services; and | 
      
      
        | 
           
			 | 
                                 (iv)  prevention and early intervention  | 
      
      
        | 
           
			 | 
        services; and | 
      
      
        | 
           
			 | 
                     (4)  include an evaluation and determination of the  | 
      
      
        | 
           
			 | 
        feasibility and potential effectiveness of consolidating  | 
      
      
        | 
           
			 | 
        administrative support services into the commission in accordance  | 
      
      
        | 
           
			 | 
        with Section 531.02012, including a report of: | 
      
      
        | 
           
			 | 
                           (A)  the specific support services that will be  | 
      
      
        | 
           
			 | 
        consolidated within the commission; | 
      
      
        | 
           
			 | 
                           (B)  a timeline that details when specific support  | 
      
      
        | 
           
			 | 
        services will be consolidated, including a description of the  | 
      
      
        | 
           
			 | 
        support services that will transfer by the last day of each period  | 
      
      
        | 
           
			 | 
        prescribed by Section 531.02001; and | 
      
      
        | 
           
			 | 
                           (C)  measures the commission will take to ensure  | 
      
      
        | 
           
			 | 
        information resources and contracting support services continue to  | 
      
      
        | 
           
			 | 
        operate properly across the health and human services system under  | 
      
      
        | 
           
			 | 
        any consolidation of administrative support services. | 
      
      
        | 
           
			 | 
               (b)  In defining the transferred functions under Subsection  | 
      
      
        | 
           
			 | 
        (a)(3), the executive commissioner shall ensure that: | 
      
      
        | 
           
			 | 
                     (1)  not later than the last day of the period  | 
      
      
        | 
           
			 | 
        prescribed by Section 531.02001(1), all functions of a state agency  | 
      
      
        | 
           
			 | 
        or entity subject to abolition under Section 531.0202(a) are  | 
      
      
        | 
           
			 | 
        transferred to the commission or the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services, as applicable; | 
      
      
        | 
           
			 | 
                     (2)  the transferred prevention and early intervention  | 
      
      
        | 
           
			 | 
        services functions to the Department of Family and Protective  | 
      
      
        | 
           
			 | 
        Services include: | 
      
      
        | 
           
			 | 
                           (A)  prevention and early intervention services  | 
      
      
        | 
           
			 | 
        as defined under Section 265.001, Family Code; and | 
      
      
        | 
           
			 | 
                           (B)  programs that: | 
      
      
        | 
           
			 | 
                                 (i)  provide parent education; | 
      
      
        | 
           
			 | 
                                 (ii)  promote healthier parent-child  | 
      
      
        | 
           
			 | 
        relationships; or | 
      
      
        | 
           
			 | 
                                 (iii)  prevent family violence; and | 
      
      
        | 
           
			 | 
                     (3)  not later than the last day of the period  | 
      
      
        | 
           
			 | 
        prescribed by Section 531.02001(2), all functions of the state  | 
      
      
        | 
           
			 | 
        agency and entity subject to abolition under Section 531.0202(b)  | 
      
      
        | 
           
			 | 
        are transferred to the commission. | 
      
      
        | 
           
			 | 
               (c)  In developing the transition plan, the executive  | 
      
      
        | 
           
			 | 
        commissioner shall, before submitting the plan to the Health and  | 
      
      
        | 
           
			 | 
        Human Services Transition Legislative Oversight Committee, the  | 
      
      
        | 
           
			 | 
        governor, and the Legislative Budget Board as required by  | 
      
      
        | 
           
			 | 
        Subsection (e): | 
      
      
        | 
           
			 | 
                     (1)  hold public hearings in various geographic areas  | 
      
      
        | 
           
			 | 
        in this state regarding the plan; and | 
      
      
        | 
           
			 | 
                     (2)  solicit and consider input from appropriate  | 
      
      
        | 
           
			 | 
        stakeholders. | 
      
      
        | 
           
			 | 
               (d)  Within the periods prescribed by Section 531.02001: | 
      
      
        | 
           
			 | 
                     (1)  the commission shall begin administering the  | 
      
      
        | 
           
			 | 
        respective functions assigned to the commission under Sections  | 
      
      
        | 
           
			 | 
        531.0201 and 531.02011, as applicable; and | 
      
      
        | 
           
			 | 
                     (2)  the Department of Family and Protective Services  | 
      
      
        | 
           
			 | 
        shall begin administering the functions assigned to the department  | 
      
      
        | 
           
			 | 
        under Section 531.0201. | 
      
      
        | 
           
			 | 
               (d-1)  The assumption of the administration of the functions  | 
      
      
        | 
           
			 | 
        transferred to the commission and the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services under Sections 531.0201 and 531.02011, as  | 
      
      
        | 
           
			 | 
        applicable, must be accomplished in accordance with the transition  | 
      
      
        | 
           
			 | 
        plan. | 
      
      
        | 
           
			 | 
               (e)  The executive commissioner shall submit the transition  | 
      
      
        | 
           
			 | 
        plan to the Health and Human Services Transition Legislative  | 
      
      
        | 
           
			 | 
        Oversight Committee, the governor, and the Legislative Budget Board  | 
      
      
        | 
           
			 | 
        not later than March 1, 2016.  The Health and Human Services  | 
      
      
        | 
           
			 | 
        Transition Legislative Oversight Committee shall comment on and  | 
      
      
        | 
           
			 | 
        make recommendations to the executive commissioner regarding any  | 
      
      
        | 
           
			 | 
        concerns or adjustments to the transition plan the committee  | 
      
      
        | 
           
			 | 
        determines appropriate.  The executive commissioner may not  | 
      
      
        | 
           
			 | 
        finalize the transition plan until the executive commissioner has  | 
      
      
        | 
           
			 | 
        reviewed and considered the comments and recommendations of the  | 
      
      
        | 
           
			 | 
        committee regarding the transition plan. | 
      
      
        | 
           
			 | 
               (f)  The executive commissioner shall publish in the Texas  | 
      
      
        | 
           
			 | 
        Register: | 
      
      
        | 
           
			 | 
                     (1)  the transition plan developed under this section; | 
      
      
        | 
           
			 | 
                     (2)  any adjustments to the transition plan recommended  | 
      
      
        | 
           
			 | 
        by the Health and Human Services Transition Legislative Oversight  | 
      
      
        | 
           
			 | 
        Committee; | 
      
      
        | 
           
			 | 
                     (3)  a statement regarding whether the executive  | 
      
      
        | 
           
			 | 
        commissioner adopted or otherwise incorporated the recommended  | 
      
      
        | 
           
			 | 
        adjustments; and | 
      
      
        | 
           
			 | 
                     (4)  if the executive commissioner did not adopt a  | 
      
      
        | 
           
			 | 
        recommended adjustment, the justification for not adopting the  | 
      
      
        | 
           
			 | 
        adjustment. | 
      
      
        | 
           
			 | 
               Sec. 531.02041.  REQUIRED REPORTS AFTER TRANSITION PLAN  | 
      
      
        | 
           
			 | 
        SUBMISSION.  If, at any time after the executive commissioner  | 
      
      
        | 
           
			 | 
        submits the transition plan in accordance with Section 531.0204(e),  | 
      
      
        | 
           
			 | 
        the executive commissioner proposes to make a substantial  | 
      
      
        | 
           
			 | 
        organizational change to the health and human services system that  | 
      
      
        | 
           
			 | 
        was not included in the transition plan, the executive commissioner  | 
      
      
        | 
           
			 | 
        shall, before implementing the proposed change, submit a report  | 
      
      
        | 
           
			 | 
        detailing the proposed change to the Health and Human Services  | 
      
      
        | 
           
			 | 
        Transition Legislative Oversight Committee. | 
      
      
        | 
           
			 | 
               Sec. 531.0205.  APPLICABILITY OF FORMER LAW.  An action  | 
      
      
        | 
           
			 | 
        brought or proceeding commenced before the date of a transfer  | 
      
      
        | 
           
			 | 
        prescribed by this subchapter in accordance with the transition  | 
      
      
        | 
           
			 | 
        plan required under Section 531.0204, including a contested case or  | 
      
      
        | 
           
			 | 
        a remand of an action or proceeding by a reviewing court, is  | 
      
      
        | 
           
			 | 
        governed by the laws and rules applicable to the action or  | 
      
      
        | 
           
			 | 
        proceeding before the transfer. | 
      
      
        | 
           
			 | 
               Sec. 531.0206.  LIMITED-SCOPE SUNSET REVIEW.  (a)  The  | 
      
      
        | 
           
			 | 
        Sunset Advisory Commission shall conduct a limited-scope review of  | 
      
      
        | 
           
			 | 
        the commission during the state fiscal biennium ending August 31,  | 
      
      
        | 
           
			 | 
        2023, in the manner provided by Chapter 325 (Texas Sunset Act).  The  | 
      
      
        | 
           
			 | 
        review must provide: | 
      
      
        | 
           
			 | 
                     (1)  an update on the commission's progress with  | 
      
      
        | 
           
			 | 
        respect to the consolidation of the health and human services  | 
      
      
        | 
           
			 | 
        system mandated by this subchapter, including the commission's  | 
      
      
        | 
           
			 | 
        compliance with the transition plan required under Section  | 
      
      
        | 
           
			 | 
        531.0204; | 
      
      
        | 
           
			 | 
                     (2)  an evaluation and recommendations regarding the  | 
      
      
        | 
           
			 | 
        need to continue the Department of Family and Protective Services  | 
      
      
        | 
           
			 | 
        and the Department of State Health Services as state agencies  | 
      
      
        | 
           
			 | 
        separate from the commission; and | 
      
      
        | 
           
			 | 
                     (3)  any additional information the Sunset Advisory  | 
      
      
        | 
           
			 | 
        Commission determines appropriate, including information regarding  | 
      
      
        | 
           
			 | 
        any additional organizational changes the Sunset Advisory  | 
      
      
        | 
           
			 | 
        Commission recommends. | 
      
      
        | 
           
			 | 
               (b)  The commission is not abolished solely because the  | 
      
      
        | 
           
			 | 
        commission is not explicitly continued following the review  | 
      
      
        | 
           
			 | 
        required by this section. | 
      
      
        | 
           
			 | 
               Sec. 531.0207.  EXPIRATION OF SUBCHAPTER.  This subchapter  | 
      
      
        | 
           
			 | 
        expires September 1, 2023. | 
      
      
        | 
           
			 | 
               (b)  Not later than October 1, 2015: | 
      
      
        | 
           
			 | 
                     (1)  the lieutenant governor, the speaker of the house  | 
      
      
        | 
           
			 | 
        of representatives, and the governor shall make the appointments to  | 
      
      
        | 
           
			 | 
        the Health and Human Services Transition Legislative Oversight  | 
      
      
        | 
           
			 | 
        Committee as required by Section 531.0203(c), Government Code, as  | 
      
      
        | 
           
			 | 
        added by this article; and | 
      
      
        | 
           
			 | 
                     (2)  the lieutenant governor and the speaker of the  | 
      
      
        | 
           
			 | 
        house of representatives shall each designate a presiding co-chair  | 
      
      
        | 
           
			 | 
        of the Health and Human Services Transition Legislative Oversight  | 
      
      
        | 
           
			 | 
        Committee in accordance with Section 531.0203(f), Government Code,  | 
      
      
        | 
           
			 | 
        as added by this article. | 
      
      
        | 
           
			 | 
               (c)  As soon as appropriate under the consolidation under  | 
      
      
        | 
           
			 | 
        Subchapter A-1, Chapter 531, Government Code, as added by this  | 
      
      
        | 
           
			 | 
        article, and in a manner that minimizes disruption of services, the  | 
      
      
        | 
           
			 | 
        Health and Human Services Commission shall take appropriate action  | 
      
      
        | 
           
			 | 
        to be designated as the state agency responsible under federal law  | 
      
      
        | 
           
			 | 
        for any state or federal program that is transferred to the  | 
      
      
        | 
           
			 | 
        commission in accordance with that subchapter and for which federal  | 
      
      
        | 
           
			 | 
        law requires the designation of a responsible state agency. | 
      
      
        | 
           
			 | 
               (d)  Notwithstanding Section 531.0201, 531.02011, or  | 
      
      
        | 
           
			 | 
        531.02012, Government Code, as added by this article, a power,  | 
      
      
        | 
           
			 | 
        duty, program, function, or activity of the Department of Assistive  | 
      
      
        | 
           
			 | 
        and Rehabilitative Services may not be transferred to the Health  | 
      
      
        | 
           
			 | 
        and Human Services Commission under that section if: | 
      
      
        | 
           
			 | 
                     (1)  H.B. No. 3294 or S.B. No. 208, 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, or similar legislation of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is enacted, becomes law, and  | 
      
      
        | 
           
			 | 
        provides for the transfer of the power, duty, program, function, or  | 
      
      
        | 
           
			 | 
        activity to the Texas Workforce Commission subject to receipt of  | 
      
      
        | 
           
			 | 
        any necessary federal approval or other authorization for the  | 
      
      
        | 
           
			 | 
        transfer to occur; and | 
      
      
        | 
           
			 | 
                     (2)  the Department of Assistive and Rehabilitative  | 
      
      
        | 
           
			 | 
        Services or the Texas Workforce Commission receives the necessary  | 
      
      
        | 
           
			 | 
        federal approval or other authorization to enable the transfer to  | 
      
      
        | 
           
			 | 
        occur not later than September 1, 2016. | 
      
      
        | 
           
			 | 
               (e)  If neither the Department of Assistive and  | 
      
      
        | 
           
			 | 
        Rehabilitative Services nor the Texas Workforce Commission  | 
      
      
        | 
           
			 | 
        receives the federal approval or other authorization described by  | 
      
      
        | 
           
			 | 
        Subsection (d) of this section to enable the transfer of the power,  | 
      
      
        | 
           
			 | 
        duty, program, function, or activity to the Texas Workforce  | 
      
      
        | 
           
			 | 
        Commission to occur not later than September 1, 2016, as provided by  | 
      
      
        | 
           
			 | 
        the legislation described by Subsection (d) of this section, the  | 
      
      
        | 
           
			 | 
        power, duty, program, function, or activity of the Department of  | 
      
      
        | 
           
			 | 
        Assistive and Rehabilitative Services transfers to the Health and  | 
      
      
        | 
           
			 | 
        Human Services Commission in accordance with Section 531.0201,  | 
      
      
        | 
           
			 | 
        Government Code, as added by this article, and the transition plan  | 
      
      
        | 
           
			 | 
        required under Section 531.0204, Government Code, as added by this  | 
      
      
        | 
           
			 | 
        article. | 
      
      
        | 
           
			 | 
               SECTION 1.02.  Subchapter A, Chapter 531, Government Code,  | 
      
      
        | 
           
			 | 
        is amended by adding Sections 531.0011 and 531.0012 to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0011.  REFERENCES IN LAW MEANING COMMISSION OR  | 
      
      
        | 
           
			 | 
        APPROPRIATE DIVISION.  (a)  In this code or in any other law, a  | 
      
      
        | 
           
			 | 
        reference to any of the following state agencies or entities in  | 
      
      
        | 
           
			 | 
        relation to a function transferred to the commission under Section  | 
      
      
        | 
           
			 | 
        531.0201, 531.02011, or 531.02012, as applicable, means the  | 
      
      
        | 
           
			 | 
        commission or the division of the commission performing the  | 
      
      
        | 
           
			 | 
        function previously performed by the state agency or entity before  | 
      
      
        | 
           
			 | 
        the transfer, as appropriate: | 
      
      
        | 
           
			 | 
                     (1)  health and human services agency; | 
      
      
        | 
           
			 | 
                     (2)  the Department of State Health Services; | 
      
      
        | 
           
			 | 
                     (3)  the Department of Aging and Disability Services; | 
      
      
        | 
           
			 | 
                     (4)  the Department of Family and Protective Services;  | 
      
      
        | 
           
			 | 
        or | 
      
      
        | 
           
			 | 
                     (5)  the Department of Assistive and Rehabilitative  | 
      
      
        | 
           
			 | 
        Services. | 
      
      
        | 
           
			 | 
               (b)  In this code or in any other law and notwithstanding any  | 
      
      
        | 
           
			 | 
        other law, a reference to any of the following state agencies or  | 
      
      
        | 
           
			 | 
        entities in relation to a function transferred to the commission  | 
      
      
        | 
           
			 | 
        under Section 531.0201, 531.02011, or 531.02012, as applicable,  | 
      
      
        | 
           
			 | 
        from the state agency that assumed the relevant function in  | 
      
      
        | 
           
			 | 
        accordance with Chapter 198 (H.B. 2292), Acts of the 78th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2003, means the commission or the  | 
      
      
        | 
           
			 | 
        division of the commission performing the function previously  | 
      
      
        | 
           
			 | 
        performed by the agency that assumed the function before the  | 
      
      
        | 
           
			 | 
        transfer, as appropriate: | 
      
      
        | 
           
			 | 
                     (1)  the Texas Department on Aging; | 
      
      
        | 
           
			 | 
                     (2)  the Texas Commission on Alcohol and Drug Abuse; | 
      
      
        | 
           
			 | 
                     (3)  the Texas Commission for the Blind; | 
      
      
        | 
           
			 | 
                     (4)  the Texas Commission for the Deaf and Hard of  | 
      
      
        | 
           
			 | 
        Hearing; | 
      
      
        | 
           
			 | 
                     (5)  the Texas Department of Health; | 
      
      
        | 
           
			 | 
                     (6)  the Texas Department of Human Services; | 
      
      
        | 
           
			 | 
                     (7)  the Texas Department of Mental Health and Mental  | 
      
      
        | 
           
			 | 
        Retardation; | 
      
      
        | 
           
			 | 
                     (8)  the Texas Rehabilitation Commission; | 
      
      
        | 
           
			 | 
                     (9)  the Texas Health Care Information Council; or | 
      
      
        | 
           
			 | 
                     (10)  the Interagency Council on Early Childhood  | 
      
      
        | 
           
			 | 
        Intervention. | 
      
      
        | 
           
			 | 
               (c)  In this code or in any other law and notwithstanding any  | 
      
      
        | 
           
			 | 
        other law, a reference to the Department of Protective and  | 
      
      
        | 
           
			 | 
        Regulatory Services in relation to a function transferred under  | 
      
      
        | 
           
			 | 
        Section 531.0201, 531.02011, or 531.02012, as applicable, from the  | 
      
      
        | 
           
			 | 
        Department of Family and Protective Services means the commission  | 
      
      
        | 
           
			 | 
        or the division of the commission performing the function  | 
      
      
        | 
           
			 | 
        previously performed by the Department of Family and Protective  | 
      
      
        | 
           
			 | 
        Services before the transfer. | 
      
      
        | 
           
			 | 
               (d)  This section applies notwithstanding Section  | 
      
      
        | 
           
			 | 
        531.001(4). | 
      
      
        | 
           
			 | 
               Sec. 531.0012.  REFERENCES IN LAW MEANING EXECUTIVE  | 
      
      
        | 
           
			 | 
        COMMISSIONER OR DESIGNEE.  (a)  In this code or in any other law, a  | 
      
      
        | 
           
			 | 
        reference to any of the following persons in relation to a function  | 
      
      
        | 
           
			 | 
        transferred to the commission under Section 531.0201, 531.02011, or  | 
      
      
        | 
           
			 | 
        531.02012, as applicable, means the executive commissioner, the  | 
      
      
        | 
           
			 | 
        executive commissioner's designee, or the director of the division  | 
      
      
        | 
           
			 | 
        of the commission performing the function previously performed by  | 
      
      
        | 
           
			 | 
        the state agency from which it was transferred and that the person  | 
      
      
        | 
           
			 | 
        represented, as appropriate: | 
      
      
        | 
           
			 | 
                     (1)  the commissioner of aging and disability services; | 
      
      
        | 
           
			 | 
                     (2)  the commissioner of assistive and rehabilitative  | 
      
      
        | 
           
			 | 
        services; | 
      
      
        | 
           
			 | 
                     (3)  the commissioner of state health services; or | 
      
      
        | 
           
			 | 
                     (4)  the commissioner of the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services. | 
      
      
        | 
           
			 | 
               (b)  In this code or in any other law and notwithstanding any  | 
      
      
        | 
           
			 | 
        other law, a reference to any of the following persons or entities  | 
      
      
        | 
           
			 | 
        in relation to a function transferred to the commission under  | 
      
      
        | 
           
			 | 
        Section 531.0201, 531.02011, or 531.02012, as applicable, from the  | 
      
      
        | 
           
			 | 
        state agency that assumed or continued to perform the function in  | 
      
      
        | 
           
			 | 
        accordance with Chapter 198 (H.B. 2292), Acts of the 78th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2003, means the executive  | 
      
      
        | 
           
			 | 
        commissioner or the director of the division of the commission  | 
      
      
        | 
           
			 | 
        performing the function performed before the enactment of Chapter  | 
      
      
        | 
           
			 | 
        198 (H.B. 2292) by the state agency that was abolished or renamed by  | 
      
      
        | 
           
			 | 
        Chapter 198 (H.B. 2292) and that the person or entity represented: | 
      
      
        | 
           
			 | 
                     (1)  an executive director or other chief  | 
      
      
        | 
           
			 | 
        administrative officer of a state agency listed in Section  | 
      
      
        | 
           
			 | 
        531.0011(b) or of the Department of Protective and Regulatory  | 
      
      
        | 
           
			 | 
        Services; or | 
      
      
        | 
           
			 | 
                     (2)  the governing body of a state agency listed in  | 
      
      
        | 
           
			 | 
        Section 531.0011(b) or of the Department of Protective and  | 
      
      
        | 
           
			 | 
        Regulatory Services. | 
      
      
        | 
           
			 | 
               (c)  A reference to any of the following councils means the  | 
      
      
        | 
           
			 | 
        executive commissioner or the executive commissioner's designee,  | 
      
      
        | 
           
			 | 
        as appropriate, and a function of any of the following councils is a  | 
      
      
        | 
           
			 | 
        function of that appropriate person: | 
      
      
        | 
           
			 | 
                     (1)  the Health and Human Services Council; | 
      
      
        | 
           
			 | 
                     (2)  the Aging and Disability Services Council; | 
      
      
        | 
           
			 | 
                     (3)  the Assistive and Rehabilitative Services  | 
      
      
        | 
           
			 | 
        Council; | 
      
      
        | 
           
			 | 
                     (4)  the Family and Protective Services Council; or | 
      
      
        | 
           
			 | 
                     (5)  the State Health Services Council. | 
      
      
        | 
           
			 | 
               SECTION 1.03.  (a)  Subchapter A, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 531.0051 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0051.  HEALTH AND HUMAN SERVICES COMMISSION  | 
      
      
        | 
           
			 | 
        EXECUTIVE COUNCIL.  (a)  The Health and Human Services Commission  | 
      
      
        | 
           
			 | 
        Executive Council is established to receive public input and advise  | 
      
      
        | 
           
			 | 
        the executive commissioner regarding the operation of the  | 
      
      
        | 
           
			 | 
        commission.  The council shall seek and receive public comment on: | 
      
      
        | 
           
			 | 
                     (1)  proposed rules; | 
      
      
        | 
           
			 | 
                     (2)  recommendations of advisory committees; | 
      
      
        | 
           
			 | 
                     (3)  legislative appropriations requests or other  | 
      
      
        | 
           
			 | 
        documents related to the appropriations process; | 
      
      
        | 
           
			 | 
                     (4)  the operation of health and human services  | 
      
      
        | 
           
			 | 
        programs; and | 
      
      
        | 
           
			 | 
                     (5)  other items the executive commissioner determines  | 
      
      
        | 
           
			 | 
        appropriate. | 
      
      
        | 
           
			 | 
               (b)  The council does not have authority to make  | 
      
      
        | 
           
			 | 
        administrative or policy decisions. | 
      
      
        | 
           
			 | 
               (c)  The council is composed of: | 
      
      
        | 
           
			 | 
                     (1)  the executive commissioner; | 
      
      
        | 
           
			 | 
                     (2)  the director of each division established by the  | 
      
      
        | 
           
			 | 
        executive commissioner under Section 531.008(c); | 
      
      
        | 
           
			 | 
                     (3)  the commissioner of a health and human services  | 
      
      
        | 
           
			 | 
        agency; and | 
      
      
        | 
           
			 | 
                     (4)  other individuals appointed by the executive  | 
      
      
        | 
           
			 | 
        commissioner as the executive commissioner determines necessary. | 
      
      
        | 
           
			 | 
               (c-1)  To the extent the executive commissioner appoints  | 
      
      
        | 
           
			 | 
        members to the council under Subsection (c)(4), the executive  | 
      
      
        | 
           
			 | 
        commissioner shall make every effort to ensure that those  | 
      
      
        | 
           
			 | 
        appointments result in a council membership that includes: | 
      
      
        | 
           
			 | 
                     (1)  a balanced representation of a broad range of  | 
      
      
        | 
           
			 | 
        health and human services industry and consumer interests; and | 
      
      
        | 
           
			 | 
                     (2)  representation from broad geographic regions of  | 
      
      
        | 
           
			 | 
        this state. | 
      
      
        | 
           
			 | 
               (d)  The executive commissioner serves as the chair of the  | 
      
      
        | 
           
			 | 
        council and shall adopt rules for the operation of the council. | 
      
      
        | 
           
			 | 
               (e)  Members of the council appointed under Subsection  | 
      
      
        | 
           
			 | 
        (c)(4): | 
      
      
        | 
           
			 | 
                     (1)  are subject to any restrictions applicable to  | 
      
      
        | 
           
			 | 
        service on the council provided by law; and | 
      
      
        | 
           
			 | 
                     (2)  serve at the pleasure of the executive  | 
      
      
        | 
           
			 | 
        commissioner. | 
      
      
        | 
           
			 | 
               (f)  The council shall meet at the call of the executive  | 
      
      
        | 
           
			 | 
        commissioner at least quarterly.  The executive commissioner may  | 
      
      
        | 
           
			 | 
        call additional meetings as the executive commissioner determines  | 
      
      
        | 
           
			 | 
        necessary. | 
      
      
        | 
           
			 | 
               (g)  The council shall give public notice of the date, time,  | 
      
      
        | 
           
			 | 
        and place of each meeting held by the council.  A live video  | 
      
      
        | 
           
			 | 
        transmission of each meeting must be publicly available through the  | 
      
      
        | 
           
			 | 
        Internet. | 
      
      
        | 
           
			 | 
               (h)  A majority of the members of the council constitute a  | 
      
      
        | 
           
			 | 
        quorum for the transaction of business. | 
      
      
        | 
           
			 | 
               (i)  A council member appointed under Subsection (c)(4) may  | 
      
      
        | 
           
			 | 
        not receive compensation for service as a member of the council but  | 
      
      
        | 
           
			 | 
        is entitled to reimbursement for travel expenses incurred by the  | 
      
      
        | 
           
			 | 
        member while conducting the business of the council as provided by  | 
      
      
        | 
           
			 | 
        the General Appropriations Act. | 
      
      
        | 
           
			 | 
               (j)  The executive commissioner shall develop and implement  | 
      
      
        | 
           
			 | 
        policies that provide the public with a reasonable opportunity to  | 
      
      
        | 
           
			 | 
        appear before the council and to speak on any issue under the  | 
      
      
        | 
           
			 | 
        jurisdiction of the commission. | 
      
      
        | 
           
			 | 
               (k)  A meeting of individual members of the council that  | 
      
      
        | 
           
			 | 
        occurs in the ordinary course of commission operation is not a  | 
      
      
        | 
           
			 | 
        meeting of the council, and the requirements of Subsection (g) do  | 
      
      
        | 
           
			 | 
        not apply. | 
      
      
        | 
           
			 | 
               (l)  This section does not limit the authority of the  | 
      
      
        | 
           
			 | 
        executive commissioner to establish additional advisory committees  | 
      
      
        | 
           
			 | 
        or councils. | 
      
      
        | 
           
			 | 
               (m)  Chapters 551 and 2110 do not apply to the council. | 
      
      
        | 
           
			 | 
               (b)  As soon as possible after the executive commissioner of  | 
      
      
        | 
           
			 | 
        the Health and Human Services Commission appoints division  | 
      
      
        | 
           
			 | 
        directors in accordance with Section 531.00561, Government Code, as  | 
      
      
        | 
           
			 | 
        added by this article, the Health and Human Services Commission  | 
      
      
        | 
           
			 | 
        Executive Council established under Section 531.0051, Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article, shall begin operation. | 
      
      
        | 
           
			 | 
               SECTION 1.04.  The heading to Section 531.0055, Government  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0055.  EXECUTIVE COMMISSIONER:  GENERAL  | 
      
      
        | 
           
			 | 
        RESPONSIBILITY FOR HEALTH AND HUMAN SERVICES SYSTEM [AGENCIES]. | 
      
      
        | 
           
			 | 
               SECTION 1.05.  Section 531.0055, Government Code, is amended  | 
      
      
        | 
           
			 | 
        by amending Subsection (b), as amended by S.B. No. 219, Acts of the  | 
      
      
        | 
           
			 | 
        84th Legislature, Regular Session, 2015, and amending Subsections  | 
      
      
        | 
           
			 | 
        (d), (e), (f), (g), (h), (k), and (l) to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The commission shall: | 
      
      
        | 
           
			 | 
                     (1)  supervise the administration and operation of  | 
      
      
        | 
           
			 | 
        Medicaid, including the administration and operation of the  | 
      
      
        | 
           
			 | 
        Medicaid managed care system in accordance with Section 531.021; | 
      
      
        | 
           
			 | 
                     (2)  perform information systems planning and  | 
      
      
        | 
           
			 | 
        management for the health and human services system [agencies]  | 
      
      
        | 
           
			 | 
        under Section 531.0273, with: | 
      
      
        | 
           
			 | 
                           (A)  the provision of information technology  | 
      
      
        | 
           
			 | 
        services for the [at] health and human services system [agencies]  | 
      
      
        | 
           
			 | 
        considered to be a centralized administrative support service  | 
      
      
        | 
           
			 | 
        either performed by commission personnel or performed under a  | 
      
      
        | 
           
			 | 
        contract with the commission; and | 
      
      
        | 
           
			 | 
                           (B)  an emphasis on research and implementation on  | 
      
      
        | 
           
			 | 
        a demonstration or pilot basis of appropriate and efficient uses of  | 
      
      
        | 
           
			 | 
        new and existing technology to improve the operation of the health  | 
      
      
        | 
           
			 | 
        and human services system [agencies] and delivery of health and  | 
      
      
        | 
           
			 | 
        human services; | 
      
      
        | 
           
			 | 
                     (3)  monitor and ensure the effective use of all  | 
      
      
        | 
           
			 | 
        federal funds received for the [by a] health and human services  | 
      
      
        | 
           
			 | 
        system [agency] in accordance with Section 531.028 and the General  | 
      
      
        | 
           
			 | 
        Appropriations Act; | 
      
      
        | 
           
			 | 
                     (4)  implement Texas Integrated Enrollment Services as  | 
      
      
        | 
           
			 | 
        required by Subchapter F, except that notwithstanding Subchapter F,  | 
      
      
        | 
           
			 | 
        determining eligibility for benefits under the following programs  | 
      
      
        | 
           
			 | 
        is the responsibility of and must be centralized by the commission: | 
      
      
        | 
           
			 | 
                           (A)  the child health plan program; | 
      
      
        | 
           
			 | 
                           (B)  the financial assistance program under  | 
      
      
        | 
           
			 | 
        Chapter 31, Human Resources Code; | 
      
      
        | 
           
			 | 
                           (C)  Medicaid; | 
      
      
        | 
           
			 | 
                           (D)  the supplemental nutrition assistance  | 
      
      
        | 
           
			 | 
        program under Chapter 33, Human Resources Code; | 
      
      
        | 
           
			 | 
                           (E)  long-term care services, as defined by  | 
      
      
        | 
           
			 | 
        Section 22.0011, Human Resources Code; | 
      
      
        | 
           
			 | 
                           (F)  community-based support services identified  | 
      
      
        | 
           
			 | 
        or provided in accordance with Section 531.02481; and | 
      
      
        | 
           
			 | 
                           (G)  other health and human services programs, as  | 
      
      
        | 
           
			 | 
        appropriate; and | 
      
      
        | 
           
			 | 
                     (5)  implement programs intended to prevent family  | 
      
      
        | 
           
			 | 
        violence and provide services to victims of family violence. | 
      
      
        | 
           
			 | 
               (d)  After implementation of the commission's duties under  | 
      
      
        | 
           
			 | 
        Subsections (b) and (c), the commission shall implement the powers  | 
      
      
        | 
           
			 | 
        and duties given to the commission under Section 531.0248.  Nothing  | 
      
      
        | 
           
			 | 
        in the priorities established by this section is intended to limit  | 
      
      
        | 
           
			 | 
        the authority of the commission to work simultaneously to achieve  | 
      
      
        | 
           
			 | 
        the multiple tasks assigned to the commission in this section, when  | 
      
      
        | 
           
			 | 
        such an approach is beneficial in the judgment of the commission.   | 
      
      
        | 
           
			 | 
        The commission shall plan and implement an efficient and effective  | 
      
      
        | 
           
			 | 
        centralized system of administrative support services for the  | 
      
      
        | 
           
			 | 
        health and human services system in accordance with Section  | 
      
      
        | 
           
			 | 
        531.00553 [agencies].  [The performance of administrative support 
         | 
      
      
        | 
           
			 | 
        
          services for health and human services agencies is the 
         | 
      
      
        | 
           
			 | 
        
          responsibility of the commission.  The term "administrative support 
         | 
      
      
        | 
           
			 | 
        
          services" includes, but is not limited to, strategic planning and 
         | 
      
      
        | 
           
			 | 
        
          evaluation, audit, legal, human resources, information resources, 
         | 
      
      
        | 
           
			 | 
        
          purchasing, contract management, financial management, and 
         | 
      
      
        | 
           
			 | 
        
          accounting services.] | 
      
      
        | 
           
			 | 
               (e)  Notwithstanding any other law, the executive  | 
      
      
        | 
           
			 | 
        commissioner shall adopt rules and policies for the operation of  | 
      
      
        | 
           
			 | 
        and provision of health and human services by the health and human  | 
      
      
        | 
           
			 | 
        services system [agencies].  In addition, the executive  | 
      
      
        | 
           
			 | 
        commissioner, as necessary to perform the functions described by  | 
      
      
        | 
           
			 | 
        Subsections (b), (c), and (d) and Section 531.00553 in  | 
      
      
        | 
           
			 | 
        implementation of applicable policies established for a health and  | 
      
      
        | 
           
			 | 
        human services system [an] agency or division, as applicable, by  | 
      
      
        | 
           
			 | 
        the executive commissioner, shall: | 
      
      
        | 
           
			 | 
                     (1)  manage and direct the operations of each [health 
         | 
      
      
        | 
           
			 | 
        
          and human services] agency or division, as applicable; | 
      
      
        | 
           
			 | 
                     (2)  supervise and direct the activities of each agency  | 
      
      
        | 
           
			 | 
        or division director, as applicable; and | 
      
      
        | 
           
			 | 
                     (3)  be responsible for the administrative supervision  | 
      
      
        | 
           
			 | 
        of the internal audit program for the [all] health and human  | 
      
      
        | 
           
			 | 
        services system agencies, including: | 
      
      
        | 
           
			 | 
                           (A)  selecting the director of internal audit; | 
      
      
        | 
           
			 | 
                           (B)  ensuring that the director of internal audit  | 
      
      
        | 
           
			 | 
        reports directly to the executive commissioner; and | 
      
      
        | 
           
			 | 
                           (C)  ensuring the independence of the internal  | 
      
      
        | 
           
			 | 
        audit function. | 
      
      
        | 
           
			 | 
               (f)  The operational authority and responsibility of the  | 
      
      
        | 
           
			 | 
        executive commissioner for purposes of Subsection (e) for [at] each  | 
      
      
        | 
           
			 | 
        health and human services system agency or division, as applicable,  | 
      
      
        | 
           
			 | 
        includes authority over and responsibility for the: | 
      
      
        | 
           
			 | 
                     (1)  management of the daily operations of the agency  | 
      
      
        | 
           
			 | 
        or division, including the organization and management of the  | 
      
      
        | 
           
			 | 
        agency or division and its [agency] operating procedures; | 
      
      
        | 
           
			 | 
                     (2)  allocation of resources within the agency or  | 
      
      
        | 
           
			 | 
        division, including use of federal funds received by the agency or  | 
      
      
        | 
           
			 | 
        division; | 
      
      
        | 
           
			 | 
                     (3)  personnel and employment policies; | 
      
      
        | 
           
			 | 
                     (4)  contracting, purchasing, and related policies,  | 
      
      
        | 
           
			 | 
        subject to this chapter and other laws relating to contracting and  | 
      
      
        | 
           
			 | 
        purchasing by a state agency; | 
      
      
        | 
           
			 | 
                     (5)  information resources systems used by the agency  | 
      
      
        | 
           
			 | 
        or division; | 
      
      
        | 
           
			 | 
                     (6)  location of [agency] facilities; and | 
      
      
        | 
           
			 | 
                     (7)  coordination of agency or division activities with  | 
      
      
        | 
           
			 | 
        activities of other components of the health and human services  | 
      
      
        | 
           
			 | 
        system and state agencies[, including other health and human 
         | 
      
      
        | 
           
			 | 
        
          services agencies]. | 
      
      
        | 
           
			 | 
               (g)  Notwithstanding any other law, the operational  | 
      
      
        | 
           
			 | 
        authority and responsibility of the executive commissioner for  | 
      
      
        | 
           
			 | 
        purposes of Subsection (e) for [at] each health and human services  | 
      
      
        | 
           
			 | 
        system agency or division, as applicable, includes the authority  | 
      
      
        | 
           
			 | 
        and responsibility to adopt or approve, subject to applicable  | 
      
      
        | 
           
			 | 
        limitations, any rate of payment or similar provision required by  | 
      
      
        | 
           
			 | 
        law to be adopted or approved by a health and human services system  | 
      
      
        | 
           
			 | 
        [the] agency. | 
      
      
        | 
           
			 | 
               (h)  For each health and human services system agency and  | 
      
      
        | 
           
			 | 
        division, as applicable, the executive commissioner shall  | 
      
      
        | 
           
			 | 
        implement a program to evaluate and supervise [the] daily  | 
      
      
        | 
           
			 | 
        operations [of the agency].  The program must include measurable  | 
      
      
        | 
           
			 | 
        performance objectives for each agency or division director and  | 
      
      
        | 
           
			 | 
        adequate reporting requirements to permit the executive  | 
      
      
        | 
           
			 | 
        commissioner to perform the duties assigned to the executive  | 
      
      
        | 
           
			 | 
        commissioner under this section. | 
      
      
        | 
           
			 | 
               (k)  The executive commissioner and each agency director  | 
      
      
        | 
           
			 | 
        shall enter into a memorandum of understanding in the manner  | 
      
      
        | 
           
			 | 
        prescribed by Section 531.0163 that: | 
      
      
        | 
           
			 | 
                     (1)  clearly defines the responsibilities of the agency  | 
      
      
        | 
           
			 | 
        director and the executive commissioner, including: | 
      
      
        | 
           
			 | 
                           (A)  the responsibility of the agency director to  | 
      
      
        | 
           
			 | 
        report to the governor and to report to and implement policies of  | 
      
      
        | 
           
			 | 
        the executive commissioner; and | 
      
      
        | 
           
			 | 
                           (B)  the extent to which the agency director acts  | 
      
      
        | 
           
			 | 
        as a liaison between the agency and the commission; | 
      
      
        | 
           
			 | 
                     (2)  establishes the program of evaluation and  | 
      
      
        | 
           
			 | 
        supervision of daily operations required by Subsection (h); [and] | 
      
      
        | 
           
			 | 
                     (3)  describes each delegation of a power or duty made  | 
      
      
        | 
           
			 | 
        to an agency director; and | 
      
      
        | 
           
			 | 
                     (4)  ensures that the commission and each health and  | 
      
      
        | 
           
			 | 
        human services agency has access to databases or other information  | 
      
      
        | 
           
			 | 
        maintained or kept by each other agency that is necessary for the  | 
      
      
        | 
           
			 | 
        operation of a function performed by the commission or the health  | 
      
      
        | 
           
			 | 
        and human services agency, to the extent not prohibited by other law  | 
      
      
        | 
           
			 | 
        [under Subsection (i) or other law]. | 
      
      
        | 
           
			 | 
               (l)  Notwithstanding any other law, the executive  | 
      
      
        | 
           
			 | 
        commissioner has the authority to adopt policies and rules  | 
      
      
        | 
           
			 | 
        governing the delivery of services to persons who are served by the  | 
      
      
        | 
           
			 | 
        [each] health and human services system [agency] and the rights and  | 
      
      
        | 
           
			 | 
        duties of persons who are served or regulated by the system [each 
         | 
      
      
        | 
           
			 | 
        
          agency]. | 
      
      
        | 
           
			 | 
               SECTION 1.06.  Subchapter A, Chapter 531, Government Code,  | 
      
      
        | 
           
			 | 
        is amended by adding Section 531.00553 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.00553.  ADMINISTRATIVE SUPPORT SERVICES.  (a)  In  | 
      
      
        | 
           
			 | 
        this section, the term "administrative support services" includes  | 
      
      
        | 
           
			 | 
        strategic planning and evaluation, audit, legal, human resources,  | 
      
      
        | 
           
			 | 
        information resources, purchasing, contracting, financial  | 
      
      
        | 
           
			 | 
        management, and accounting services. | 
      
      
        | 
           
			 | 
               (b)  Subject to Subsection (c), the executive commissioner  | 
      
      
        | 
           
			 | 
        shall plan and implement an efficient and effective centralized  | 
      
      
        | 
           
			 | 
        system of administrative support services for the health and human  | 
      
      
        | 
           
			 | 
        services system.  The performance of administrative support  | 
      
      
        | 
           
			 | 
        services for the health and human services system is the  | 
      
      
        | 
           
			 | 
        responsibility of the commission. | 
      
      
        | 
           
			 | 
               (c)  The executive commissioner shall plan and implement the  | 
      
      
        | 
           
			 | 
        centralized system of administrative support services in  | 
      
      
        | 
           
			 | 
        accordance with the following principles and requirements: | 
      
      
        | 
           
			 | 
                     (1)  the executive commissioner shall consult with the  | 
      
      
        | 
           
			 | 
        commissioner of each agency and with the director of each division  | 
      
      
        | 
           
			 | 
        within the health and human services system to ensure the  | 
      
      
        | 
           
			 | 
        commission is responsive to and addresses agency or division needs; | 
      
      
        | 
           
			 | 
                     (2)  consolidation of staff providing the support  | 
      
      
        | 
           
			 | 
        services must be done in a manner that ensures each agency or  | 
      
      
        | 
           
			 | 
        division within the health and human services system that loses  | 
      
      
        | 
           
			 | 
        staff as a result of the centralization of support services has  | 
      
      
        | 
           
			 | 
        adequate resources to carry out functions of the agency or  | 
      
      
        | 
           
			 | 
        division, as appropriate; and | 
      
      
        | 
           
			 | 
                     (3)  the commission and each agency or division within  | 
      
      
        | 
           
			 | 
        the health and human services system shall, as appropriate, enter  | 
      
      
        | 
           
			 | 
        into a memorandum of understanding or other written agreement for  | 
      
      
        | 
           
			 | 
        the purpose of ensuring accountability for the provision of  | 
      
      
        | 
           
			 | 
        administrative services by clearly detailing: | 
      
      
        | 
           
			 | 
                           (A)  the responsibilities of each agency or  | 
      
      
        | 
           
			 | 
        division and the commission; | 
      
      
        | 
           
			 | 
                           (B)  the points of contact for each agency or  | 
      
      
        | 
           
			 | 
        division and the commission; | 
      
      
        | 
           
			 | 
                           (C)  the transfer of personnel among each agency  | 
      
      
        | 
           
			 | 
        or division and the commission; | 
      
      
        | 
           
			 | 
                           (D)  the budgetary effect the agreement has on  | 
      
      
        | 
           
			 | 
        each agency or division and the commission; and | 
      
      
        | 
           
			 | 
                           (E)  any other item determined by the executive  | 
      
      
        | 
           
			 | 
        commissioner to be critical for maintaining accountability. | 
      
      
        | 
           
			 | 
               (d)  The memorandum of understanding or other agreement  | 
      
      
        | 
           
			 | 
        required under Subsection (c), if appropriate, may be combined with  | 
      
      
        | 
           
			 | 
        the memorandum of understanding required under Section  | 
      
      
        | 
           
			 | 
        531.0055(k). | 
      
      
        | 
           
			 | 
               SECTION 1.07.  Section 531.0056, Government Code, is amended  | 
      
      
        | 
           
			 | 
        by adding Subsection (g) to read as follows: | 
      
      
        | 
           
			 | 
               (g)  The requirements of this section apply with respect to a  | 
      
      
        | 
           
			 | 
        state agency listed in Section 531.001(4) only until the agency is  | 
      
      
        | 
           
			 | 
        abolished under Section 531.0202. | 
      
      
        | 
           
			 | 
               SECTION 1.08.  (a)  Subchapter A, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Sections 531.00561 and 531.00562 to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.00561.  APPOINTMENT AND QUALIFICATIONS OF DIVISION  | 
      
      
        | 
           
			 | 
        DIRECTORS.  (a)  The executive commissioner shall appoint a  | 
      
      
        | 
           
			 | 
        director for each division established within the commission under  | 
      
      
        | 
           
			 | 
        Section 531.008, except that the director of the office of  | 
      
      
        | 
           
			 | 
        inspector general is appointed in accordance with Section  | 
      
      
        | 
           
			 | 
        531.102(a-1). | 
      
      
        | 
           
			 | 
               (b)  The executive commissioner shall: | 
      
      
        | 
           
			 | 
                     (1)  develop clear qualifications for the director of  | 
      
      
        | 
           
			 | 
        each division appointed under this section that ensure that an  | 
      
      
        | 
           
			 | 
        individual appointed director has: | 
      
      
        | 
           
			 | 
                           (A)  demonstrated experience in fields relevant  | 
      
      
        | 
           
			 | 
        to the director position; and | 
      
      
        | 
           
			 | 
                           (B)  executive-level administrative and  | 
      
      
        | 
           
			 | 
        leadership experience; and | 
      
      
        | 
           
			 | 
                     (2)  ensure the qualifications developed under  | 
      
      
        | 
           
			 | 
        Subdivision (1) are publicly available. | 
      
      
        | 
           
			 | 
               Sec. 531.00562.  DIVISION DIRECTOR DUTIES.  (a)  The  | 
      
      
        | 
           
			 | 
        executive commissioner shall clearly define the duties and  | 
      
      
        | 
           
			 | 
        responsibilities of a division director and develop clear policies  | 
      
      
        | 
           
			 | 
        for the delegation of specific decision-making authority,  | 
      
      
        | 
           
			 | 
        including budget authority, to division directors. | 
      
      
        | 
           
			 | 
               (b)  The delegation of decision-making authority should be  | 
      
      
        | 
           
			 | 
        significant enough to ensure the efficient administration of the  | 
      
      
        | 
           
			 | 
        commission's programs and services. | 
      
      
        | 
           
			 | 
               (b)  The executive commissioner of the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall implement Sections 531.00561 and  | 
      
      
        | 
           
			 | 
        531.00562, Government Code, as added by this article, on the date  | 
      
      
        | 
           
			 | 
        specified in the transition plan required under Section 531.0204,  | 
      
      
        | 
           
			 | 
        Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               SECTION 1.09.  (a)  Section 531.008, Government Code, as  | 
      
      
        | 
           
			 | 
        amended by S.B. No. 219, Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.008.  DIVISIONS OF COMMISSION.  (a)  The [Subject 
         | 
      
      
        | 
           
			 | 
        
          to Subsection (c), the] executive commissioner shall [may]  | 
      
      
        | 
           
			 | 
        establish divisions within the commission along functional lines as  | 
      
      
        | 
           
			 | 
        necessary for effective administration and for the discharge of the  | 
      
      
        | 
           
			 | 
        commission's functions. | 
      
      
        | 
           
			 | 
               (b)  The [Subject to Subsection (c), the] executive  | 
      
      
        | 
           
			 | 
        commissioner may allocate and reallocate functions among the  | 
      
      
        | 
           
			 | 
        commission's divisions. | 
      
      
        | 
           
			 | 
               (c)  Notwithstanding Subsections (a) and (b), the [The]  | 
      
      
        | 
           
			 | 
        executive commissioner shall establish the following divisions and  | 
      
      
        | 
           
			 | 
        offices within the commission: | 
      
      
        | 
           
			 | 
                     (1)  a medical and social services division [the 
         | 
      
      
        | 
           
			 | 
        
          eligibility services division to make eligibility determinations 
         | 
      
      
        | 
           
			 | 
        
          for services provided through the commission or a health and human 
         | 
      
      
        | 
           
			 | 
        
          services agency related to:
         | 
      
      
        | 
           
			 | 
                           [(A)  the child health plan program;
         | 
      
      
        | 
           
			 | 
                           [(B)
           
           
          the financial assistance program under 
         | 
      
      
        | 
           
			 | 
        
          Chapter 31, Human Resources Code;
         | 
      
      
        | 
           
			 | 
                           [(C)  Medicaid;
         | 
      
      
        | 
           
			 | 
                           [(D)
           
           
          the supplemental nutrition assistance 
         | 
      
      
        | 
           
			 | 
        
          program under Chapter 33, Human Resources Code;
         | 
      
      
        | 
           
			 | 
                           [(E)
           
           
          long-term care services, as defined by 
         | 
      
      
        | 
           
			 | 
        
          Section 22.0011, Human Resources Code;
         | 
      
      
        | 
           
			 | 
                           [(F)
           
           
          community-based support services identified 
         | 
      
      
        | 
           
			 | 
        
          or provided in accordance with Section 531.02481; and
         | 
      
      
        | 
           
			 | 
                           [(G)
           
           
          other health and human services programs, as 
         | 
      
      
        | 
           
			 | 
        
          appropriate]; | 
      
      
        | 
           
			 | 
                     (2)  the office of inspector general to perform fraud  | 
      
      
        | 
           
			 | 
        and abuse investigation and enforcement functions as provided by  | 
      
      
        | 
           
			 | 
        Subchapter C and other law; | 
      
      
        | 
           
			 | 
                     (3)  a regulatory division [the office of the ombudsman 
         | 
      
      
        | 
           
			 | 
        
          to:
         | 
      
      
        | 
           
			 | 
                           [(A)
           
           
          provide dispute resolution services for the 
         | 
      
      
        | 
           
			 | 
        
          commission and the health and human services agencies; and
         | 
      
      
        | 
           
			 | 
                           [(B)
           
           
          perform consumer protection functions 
         | 
      
      
        | 
           
			 | 
        
          related to health and human services]; | 
      
      
        | 
           
			 | 
                     (4)  an administrative division [a purchasing division 
         | 
      
      
        | 
           
			 | 
        
          as provided by Section 531.017]; and | 
      
      
        | 
           
			 | 
                     (5)  a facilities division for the purpose of  | 
      
      
        | 
           
			 | 
        administering state facilities, including state hospitals and  | 
      
      
        | 
           
			 | 
        state supported living centers [an internal audit division to 
         | 
      
      
        | 
           
			 | 
        
          conduct a program of internal auditing in accordance with Chapter 
         | 
      
      
        | 
           
			 | 
        
          2102]. | 
      
      
        | 
           
			 | 
               (d)  Subsection (c) does not prohibit the executive  | 
      
      
        | 
           
			 | 
        commissioner from establishing additional divisions under  | 
      
      
        | 
           
			 | 
        Subsection (a) as the executive commissioner determines  | 
      
      
        | 
           
			 | 
        appropriate.  This subsection and Subsection (c) expire September  | 
      
      
        | 
           
			 | 
        1, 2023. | 
      
      
        | 
           
			 | 
               (b)  The executive commissioner of the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall establish divisions within the  | 
      
      
        | 
           
			 | 
        commission as required under Section 531.008, Government Code, as  | 
      
      
        | 
           
			 | 
        amended by this article, on the date specified in the transition  | 
      
      
        | 
           
			 | 
        plan required under Section 531.0204, Government Code, as added by  | 
      
      
        | 
           
			 | 
        this article. | 
      
      
        | 
           
			 | 
               SECTION 1.10.  (a)  Subchapter A, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 531.0083 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0083.  OFFICE OF POLICY AND PERFORMANCE.  (a)  In  | 
      
      
        | 
           
			 | 
        this section, "office" means the office of policy and performance  | 
      
      
        | 
           
			 | 
        established by this section. | 
      
      
        | 
           
			 | 
               (b)  The executive commissioner shall establish the office  | 
      
      
        | 
           
			 | 
        of policy and performance as an executive-level office designed to  | 
      
      
        | 
           
			 | 
        coordinate policy and performance efforts across the health and  | 
      
      
        | 
           
			 | 
        human services system.  To coordinate those efforts, the office  | 
      
      
        | 
           
			 | 
        shall: | 
      
      
        | 
           
			 | 
                     (1)  develop a performance management system; | 
      
      
        | 
           
			 | 
                     (2)  take the lead in supporting and providing  | 
      
      
        | 
           
			 | 
        oversight for the implementation of major policy changes and in  | 
      
      
        | 
           
			 | 
        managing organizational changes; and | 
      
      
        | 
           
			 | 
                     (3)  act as a centralized body of experts within the  | 
      
      
        | 
           
			 | 
        commission that offers program evaluation and process improvement  | 
      
      
        | 
           
			 | 
        expertise. | 
      
      
        | 
           
			 | 
               (c)  In developing a performance management system under  | 
      
      
        | 
           
			 | 
        Subsection (b)(1), the office shall: | 
      
      
        | 
           
			 | 
                     (1)  gather, measure, and evaluate performance  | 
      
      
        | 
           
			 | 
        measures and accountability systems used by the health and human  | 
      
      
        | 
           
			 | 
        services system; | 
      
      
        | 
           
			 | 
                     (2)  develop new and refined performance measures as  | 
      
      
        | 
           
			 | 
        appropriate; and | 
      
      
        | 
           
			 | 
                     (3)  establish targeted, high-level system metrics  | 
      
      
        | 
           
			 | 
        that are capable of measuring and communicating overall performance  | 
      
      
        | 
           
			 | 
        and achievement of goals by the health and human services system to  | 
      
      
        | 
           
			 | 
        both internal and public audiences through various mechanisms,  | 
      
      
        | 
           
			 | 
        including the Internet. | 
      
      
        | 
           
			 | 
               (d)  In providing support and oversight for the  | 
      
      
        | 
           
			 | 
        implementation of policy or organizational changes within the  | 
      
      
        | 
           
			 | 
        health and human services system under Subsection (b)(2), the  | 
      
      
        | 
           
			 | 
        office shall: | 
      
      
        | 
           
			 | 
                     (1)  ensure individuals receiving services from or  | 
      
      
        | 
           
			 | 
        participating in programs administered through the health and human  | 
      
      
        | 
           
			 | 
        services system do not lose visibility or attention during the  | 
      
      
        | 
           
			 | 
        implementation of any new policy or organizational change by: | 
      
      
        | 
           
			 | 
                           (A)  establishing timelines and milestones for  | 
      
      
        | 
           
			 | 
        any transition; | 
      
      
        | 
           
			 | 
                           (B)  supporting staff of the health and human  | 
      
      
        | 
           
			 | 
        services system in any change between service delivery methods; and | 
      
      
        | 
           
			 | 
                           (C)  providing feedback to executive management  | 
      
      
        | 
           
			 | 
        on technical assistance and other support needed to achieve a  | 
      
      
        | 
           
			 | 
        successful transition; | 
      
      
        | 
           
			 | 
                     (2)  address cultural differences among staff of the  | 
      
      
        | 
           
			 | 
        health and human services system; and | 
      
      
        | 
           
			 | 
                     (3)  track and oversee changes in policy or  | 
      
      
        | 
           
			 | 
        organization mandated by legislation or administrative rule. | 
      
      
        | 
           
			 | 
               (e)  In acting as a centralized body of experts under  | 
      
      
        | 
           
			 | 
        Subsection (b)(3), the office shall: | 
      
      
        | 
           
			 | 
                     (1)  for the health and human services system, provide  | 
      
      
        | 
           
			 | 
        program evaluation and process improvement guidance both generally  | 
      
      
        | 
           
			 | 
        and for specific projects identified with executive or stakeholder  | 
      
      
        | 
           
			 | 
        input or through risk analysis; and | 
      
      
        | 
           
			 | 
                     (2)  identify and monitor cross-functional efforts  | 
      
      
        | 
           
			 | 
        involving different administrative components within the health  | 
      
      
        | 
           
			 | 
        and human services system and the establishment of cross-functional  | 
      
      
        | 
           
			 | 
        teams when necessary to improve the coordination of services  | 
      
      
        | 
           
			 | 
        provided through the system. | 
      
      
        | 
           
			 | 
               (f)  The executive commissioner may otherwise develop the  | 
      
      
        | 
           
			 | 
        office's structure and duties as the executive commissioner  | 
      
      
        | 
           
			 | 
        determines appropriate. | 
      
      
        | 
           
			 | 
               (b)  As soon as practicable after the effective date of this  | 
      
      
        | 
           
			 | 
        article but not later than October 1, 2015, the executive  | 
      
      
        | 
           
			 | 
        commissioner of the Health and Human Services Commission shall  | 
      
      
        | 
           
			 | 
        establish the office of policy and performance as an executive  | 
      
      
        | 
           
			 | 
        office within the commission as required under Section 531.0083,  | 
      
      
        | 
           
			 | 
        Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               (c)  The office of policy and performance required under  | 
      
      
        | 
           
			 | 
        Section 531.0083, Government Code, as added by this article, shall  | 
      
      
        | 
           
			 | 
        assist the Health and Human Services Transition Legislative  | 
      
      
        | 
           
			 | 
        Oversight Committee created under Section 531.0203, Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article, by performing the functions  | 
      
      
        | 
           
			 | 
        required of the office under Section 531.0083(b)(2), Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article, with respect to the consolidation  | 
      
      
        | 
           
			 | 
        mandated by Subchapter A-1, Chapter 531, Government Code, as added  | 
      
      
        | 
           
			 | 
        by this article. | 
      
      
        | 
           
			 | 
               SECTION 1.11.  Section 531.017, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.017.  PURCHASING UNIT [DIVISION].  (a)  The  | 
      
      
        | 
           
			 | 
        commission shall establish a purchasing unit [division] for the  | 
      
      
        | 
           
			 | 
        management of administrative activities related to the purchasing  | 
      
      
        | 
           
			 | 
        functions within [of the commission and] the health and human  | 
      
      
        | 
           
			 | 
        services system [agencies]. | 
      
      
        | 
           
			 | 
               (b)  The purchasing unit [division] shall: | 
      
      
        | 
           
			 | 
                     (1)  seek to achieve targeted cost reductions, increase  | 
      
      
        | 
           
			 | 
        process efficiencies, improve technological support and customer  | 
      
      
        | 
           
			 | 
        services, and enhance purchasing support within the [for each]  | 
      
      
        | 
           
			 | 
        health and human services system [agency]; and | 
      
      
        | 
           
			 | 
                     (2)  if cost-effective, contract with private entities  | 
      
      
        | 
           
			 | 
        to perform purchasing functions for the [commission and the] health  | 
      
      
        | 
           
			 | 
        and human services system [agencies]. | 
      
      
        | 
           
			 | 
               SECTION 1.12.  Chapter 265, Family Code, is amended by  | 
      
      
        | 
           
			 | 
        designating Sections 265.001 through 265.004 as Subchapter A and  | 
      
      
        | 
           
			 | 
        adding a subchapter heading to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER A.  PREVENTION AND EARLY INTERVENTION SERVICES | 
      
      
        | 
           
			 | 
               SECTION 1.13.  Section 265.002, Family Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 265.002.  PREVENTION AND EARLY INTERVENTION SERVICES  | 
      
      
        | 
           
			 | 
        DIVISION.  (a)  The department shall operate a division to provide  | 
      
      
        | 
           
			 | 
        services for children in at-risk situations and for the families of  | 
      
      
        | 
           
			 | 
        those children and to achieve the consolidation of prevention and  | 
      
      
        | 
           
			 | 
        early intervention services within the jurisdiction of a single  | 
      
      
        | 
           
			 | 
        agency in order to avoid fragmentation and duplication of services  | 
      
      
        | 
           
			 | 
        and to increase the accountability for the delivery and  | 
      
      
        | 
           
			 | 
        administration of these services.  The division shall be called the  | 
      
      
        | 
           
			 | 
        prevention and early intervention services division and shall have  | 
      
      
        | 
           
			 | 
        the following duties: | 
      
      
        | 
           
			 | 
                     (1)  to plan, develop, and administer a comprehensive  | 
      
      
        | 
           
			 | 
        and unified delivery system of prevention and early intervention  | 
      
      
        | 
           
			 | 
        services to children and their families in at-risk situations; | 
      
      
        | 
           
			 | 
                     (2)  to improve the responsiveness of services for  | 
      
      
        | 
           
			 | 
        at-risk children and their families by facilitating greater  | 
      
      
        | 
           
			 | 
        coordination and flexibility in the use of funds by state and local  | 
      
      
        | 
           
			 | 
        service providers; | 
      
      
        | 
           
			 | 
                     (3)  to provide greater accountability for prevention  | 
      
      
        | 
           
			 | 
        and early intervention services in order to demonstrate the impact  | 
      
      
        | 
           
			 | 
        or public benefit of a program by adopting outcome measures; and | 
      
      
        | 
           
			 | 
                     (4)  to assist local communities in the coordination  | 
      
      
        | 
           
			 | 
        and development of prevention and early intervention services in  | 
      
      
        | 
           
			 | 
        order to maximize federal, state, and local resources. | 
      
      
        | 
           
			 | 
               (b)  The department's prevention and early intervention  | 
      
      
        | 
           
			 | 
        services division must be organizationally separate from the  | 
      
      
        | 
           
			 | 
        department's divisions performing child protective services and  | 
      
      
        | 
           
			 | 
        adult protective services functions. | 
      
      
        | 
           
			 | 
               SECTION 1.14.  Subchapter A, Chapter 265, Family Code, as  | 
      
      
        | 
           
			 | 
        added by this article, is amended by adding Section 265.006 to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Sec. 265.006.  PROHIBITION ON USE OF AGENCY NAME OR LOGO.   | 
      
      
        | 
           
			 | 
        The department may not allow the use of the department's name or  | 
      
      
        | 
           
			 | 
        identifying logo or insignia on forms or other materials related to  | 
      
      
        | 
           
			 | 
        the department's prevention and early intervention services that  | 
      
      
        | 
           
			 | 
        are: | 
      
      
        | 
           
			 | 
                     (1)  provided by the department's contractors; or | 
      
      
        | 
           
			 | 
                     (2)  distributed by the department's contractors to the  | 
      
      
        | 
           
			 | 
        department's clients. | 
      
      
        | 
           
			 | 
               SECTION 1.15.  (a)  Subchapter Q, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, including provisions amended by S.B. No. 219, Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is transferred to Chapter 265,  | 
      
      
        | 
           
			 | 
        Family Code, redesignated as Subchapter C, Chapter 265, Family  | 
      
      
        | 
           
			 | 
        Code, and amended to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER C [Q].  NURSE-FAMILY PARTNERSHIP COMPETITIVE  | 
      
      
        | 
           
			 | 
        GRANT PROGRAM | 
      
      
        | 
           
			 | 
               Sec. 265.101 [531.651].  DEFINITIONS.  In this subchapter: | 
      
      
        | 
           
			 | 
                     (1)  "Competitive grant program" means the  | 
      
      
        | 
           
			 | 
        nurse-family partnership competitive grant program established  | 
      
      
        | 
           
			 | 
        under this subchapter. | 
      
      
        | 
           
			 | 
                     (2)  "Partnership program" means a nurse-family  | 
      
      
        | 
           
			 | 
        partnership program. | 
      
      
        | 
           
			 | 
               Sec. 265.102 [531.652].  OPERATION OF NURSE-FAMILY  | 
      
      
        | 
           
			 | 
        PARTNERSHIP COMPETITIVE GRANT PROGRAM.  (a)  The department  | 
      
      
        | 
           
			 | 
        [commission] shall operate a nurse-family partnership competitive  | 
      
      
        | 
           
			 | 
        grant program through which the department [commission] will award  | 
      
      
        | 
           
			 | 
        grants for the implementation of nurse-family partnership  | 
      
      
        | 
           
			 | 
        programs, or the expansion of existing programs, and for the  | 
      
      
        | 
           
			 | 
        operation of those programs for a period of not less than two years. | 
      
      
        | 
           
			 | 
               (b)  The department [commission] shall award grants under  | 
      
      
        | 
           
			 | 
        the program to applicants, including applicants operating existing  | 
      
      
        | 
           
			 | 
        programs, in a manner that ensures that the partnership programs  | 
      
      
        | 
           
			 | 
        collectively: | 
      
      
        | 
           
			 | 
                     (1)  operate in multiple communities that are  | 
      
      
        | 
           
			 | 
        geographically distributed throughout this state; and | 
      
      
        | 
           
			 | 
                     (2)  provide program services to approximately 2,000  | 
      
      
        | 
           
			 | 
        families. | 
      
      
        | 
           
			 | 
               Sec. 265.103 [531.653].  PARTNERSHIP PROGRAM REQUIREMENTS.   | 
      
      
        | 
           
			 | 
        A partnership program funded through a grant awarded under this  | 
      
      
        | 
           
			 | 
        subchapter must: | 
      
      
        | 
           
			 | 
                     (1)  strictly adhere to the program model developed by  | 
      
      
        | 
           
			 | 
        the Nurse-Family Partnership National Service Office, including  | 
      
      
        | 
           
			 | 
        any clinical, programmatic, and data collection requirements of  | 
      
      
        | 
           
			 | 
        that model; | 
      
      
        | 
           
			 | 
                     (2)  require that registered nurses regularly visit the  | 
      
      
        | 
           
			 | 
        homes of low-income, first-time mothers participating in the  | 
      
      
        | 
           
			 | 
        program to provide services designed to: | 
      
      
        | 
           
			 | 
                           (A)  improve pregnancy outcomes; | 
      
      
        | 
           
			 | 
                           (B)  improve child health and development; | 
      
      
        | 
           
			 | 
                           (C)  improve family economic self-sufficiency and  | 
      
      
        | 
           
			 | 
        stability; and | 
      
      
        | 
           
			 | 
                           (D)  reduce the incidence of child abuse and  | 
      
      
        | 
           
			 | 
        neglect; | 
      
      
        | 
           
			 | 
                     (3)  require that nurses who provide services through  | 
      
      
        | 
           
			 | 
        the program: | 
      
      
        | 
           
			 | 
                           (A)  receive training from the office of the  | 
      
      
        | 
           
			 | 
        attorney general at least once each year on procedures by which a  | 
      
      
        | 
           
			 | 
        person may voluntarily acknowledge the paternity of a child and on  | 
      
      
        | 
           
			 | 
        the availability of child support services from the office; | 
      
      
        | 
           
			 | 
                           (B)  provide a mother with information about the  | 
      
      
        | 
           
			 | 
        rights, responsibilities, and benefits of establishing the  | 
      
      
        | 
           
			 | 
        paternity of her child, if appropriate; | 
      
      
        | 
           
			 | 
                           (C)  provide assistance to a mother and the  | 
      
      
        | 
           
			 | 
        alleged father of her child if the mother and alleged father seek to  | 
      
      
        | 
           
			 | 
        voluntarily acknowledge paternity of the child, if appropriate; and | 
      
      
        | 
           
			 | 
                           (D)  provide information to a mother about the  | 
      
      
        | 
           
			 | 
        availability of child support services from the office of the  | 
      
      
        | 
           
			 | 
        attorney general; and | 
      
      
        | 
           
			 | 
                     (4)  require that the regular nurse visits described by  | 
      
      
        | 
           
			 | 
        Subdivision (2) begin not later than a mother's 28th week of  | 
      
      
        | 
           
			 | 
        gestation and end when her child reaches two years of age. | 
      
      
        | 
           
			 | 
               Sec. 265.104 [531.654].  APPLICATION.  (a)  A public or  | 
      
      
        | 
           
			 | 
        private entity, including a county, municipality, or other  | 
      
      
        | 
           
			 | 
        political subdivision of this state, may apply for a grant under  | 
      
      
        | 
           
			 | 
        this subchapter. | 
      
      
        | 
           
			 | 
               (b)  To apply for a grant, an applicant must submit a written  | 
      
      
        | 
           
			 | 
        application to the department [commission] on a form prescribed by  | 
      
      
        | 
           
			 | 
        the department [commission] in consultation with the Nurse-Family  | 
      
      
        | 
           
			 | 
        Partnership National Service Office. | 
      
      
        | 
           
			 | 
               (c)  The application prescribed by the department  | 
      
      
        | 
           
			 | 
        [commission] must: | 
      
      
        | 
           
			 | 
                     (1)  require the applicant to provide data on the  | 
      
      
        | 
           
			 | 
        number of low-income, first-time mothers residing in the community  | 
      
      
        | 
           
			 | 
        in which the applicant proposes to operate or expand a partnership  | 
      
      
        | 
           
			 | 
        program and provide a description of existing services available to  | 
      
      
        | 
           
			 | 
        those mothers; | 
      
      
        | 
           
			 | 
                     (2)  describe the ongoing monitoring and evaluation  | 
      
      
        | 
           
			 | 
        process to which a grant recipient is subject under Section 265.109  | 
      
      
        | 
           
			 | 
        [531.659], including the recipient's obligation to collect and  | 
      
      
        | 
           
			 | 
        provide information requested by the department [commission] under  | 
      
      
        | 
           
			 | 
        Section 265.109(c) [531.659(c)]; and | 
      
      
        | 
           
			 | 
                     (3)  require the applicant to provide other relevant  | 
      
      
        | 
           
			 | 
        information as determined by the department [commission]. | 
      
      
        | 
           
			 | 
               Sec. 265.105 [531.655].  ADDITIONAL CONSIDERATIONS IN  | 
      
      
        | 
           
			 | 
        AWARDING GRANTS.  In addition to the factors described by Sections  | 
      
      
        | 
           
			 | 
        265.102(b) [531.652(b)] and 265.103 [531.653], in determining  | 
      
      
        | 
           
			 | 
        whether to award a grant to an applicant under this subchapter, the  | 
      
      
        | 
           
			 | 
        department [commission] shall consider: | 
      
      
        | 
           
			 | 
                     (1)  the demonstrated need for a partnership program in  | 
      
      
        | 
           
			 | 
        the community in which the applicant proposes to operate or expand  | 
      
      
        | 
           
			 | 
        the program, which may be determined by considering: | 
      
      
        | 
           
			 | 
                           (A)  the poverty rate, the crime rate, the number  | 
      
      
        | 
           
			 | 
        of births to Medicaid recipients, the rate of poor birth outcomes,  | 
      
      
        | 
           
			 | 
        and the incidence of child abuse and neglect during a prescribed  | 
      
      
        | 
           
			 | 
        period in the community; and | 
      
      
        | 
           
			 | 
                           (B)  the need to enhance school readiness in the  | 
      
      
        | 
           
			 | 
        community; | 
      
      
        | 
           
			 | 
                     (2)  the applicant's ability to participate in ongoing  | 
      
      
        | 
           
			 | 
        monitoring and performance evaluations under Section 265.109  | 
      
      
        | 
           
			 | 
        [531.659], including the applicant's ability to collect and provide  | 
      
      
        | 
           
			 | 
        information requested by the department [commission] under Section  | 
      
      
        | 
           
			 | 
        265.109(c) [531.659(c)]; | 
      
      
        | 
           
			 | 
                     (3)  the applicant's ability to adhere to the  | 
      
      
        | 
           
			 | 
        partnership program standards adopted under Section 265.106  | 
      
      
        | 
           
			 | 
        [531.656]; | 
      
      
        | 
           
			 | 
                     (4)  the applicant's ability to develop broad-based  | 
      
      
        | 
           
			 | 
        community support for implementing or expanding a partnership  | 
      
      
        | 
           
			 | 
        program, as applicable; and | 
      
      
        | 
           
			 | 
                     (5)  the applicant's history of developing and  | 
      
      
        | 
           
			 | 
        sustaining innovative, high-quality programs that meet the needs of  | 
      
      
        | 
           
			 | 
        families and communities. | 
      
      
        | 
           
			 | 
               Sec. 265.106 [531.656].  PARTNERSHIP PROGRAM STANDARDS.   | 
      
      
        | 
           
			 | 
        The executive commissioner, with the assistance of the Nurse-Family  | 
      
      
        | 
           
			 | 
        Partnership National Service Office, shall adopt standards for the  | 
      
      
        | 
           
			 | 
        partnership programs funded under this subchapter.  The standards  | 
      
      
        | 
           
			 | 
        must adhere to the Nurse-Family Partnership National Service Office  | 
      
      
        | 
           
			 | 
        program model standards and guidelines that were developed in  | 
      
      
        | 
           
			 | 
        multiple, randomized clinical trials and have been tested and  | 
      
      
        | 
           
			 | 
        replicated in multiple communities. | 
      
      
        | 
           
			 | 
               Sec. 265.107 [531.657].  USE OF AWARDED GRANT FUNDS.  The  | 
      
      
        | 
           
			 | 
        grant funds awarded under this subchapter may be used only to cover  | 
      
      
        | 
           
			 | 
        costs related to implementing or expanding and operating a  | 
      
      
        | 
           
			 | 
        partnership program, including costs related to: | 
      
      
        | 
           
			 | 
                     (1)  administering the program; | 
      
      
        | 
           
			 | 
                     (2)  training and managing registered nurses who  | 
      
      
        | 
           
			 | 
        participate in the program; | 
      
      
        | 
           
			 | 
                     (3)  paying the salaries and expenses of registered  | 
      
      
        | 
           
			 | 
        nurses who participate in the program; | 
      
      
        | 
           
			 | 
                     (4)  paying for facilities and equipment for the  | 
      
      
        | 
           
			 | 
        program; and | 
      
      
        | 
           
			 | 
                     (5)  paying for services provided by the Nurse-Family  | 
      
      
        | 
           
			 | 
        Partnership National Service Office to ensure a grant recipient  | 
      
      
        | 
           
			 | 
        adheres to the organization's program model. | 
      
      
        | 
           
			 | 
               Sec. 265.108 [531.658].  STATE NURSE CONSULTANT.  Using  | 
      
      
        | 
           
			 | 
        money appropriated for the competitive grant program, the  | 
      
      
        | 
           
			 | 
        department [commission] shall hire or contract with a state nurse  | 
      
      
        | 
           
			 | 
        consultant to assist grant recipients with implementing or  | 
      
      
        | 
           
			 | 
        expanding and operating the partnership programs in the applicable  | 
      
      
        | 
           
			 | 
        communities. | 
      
      
        | 
           
			 | 
               Sec. 265.109 [531.659].  PROGRAM MONITORING AND EVALUATION;  | 
      
      
        | 
           
			 | 
        ANNUAL COMMITTEE REPORTS.  (a)  The department [commission], with  | 
      
      
        | 
           
			 | 
        the assistance of the Nurse-Family Partnership National Service  | 
      
      
        | 
           
			 | 
        Office, shall: | 
      
      
        | 
           
			 | 
                     (1)  adopt performance indicators that are designed to  | 
      
      
        | 
           
			 | 
        measure a grant recipient's performance with respect to the  | 
      
      
        | 
           
			 | 
        partnership program standards adopted by the executive  | 
      
      
        | 
           
			 | 
        commissioner under Section 265.106 [531.656]; | 
      
      
        | 
           
			 | 
                     (2)  use the performance indicators to continuously  | 
      
      
        | 
           
			 | 
        monitor and formally evaluate on an annual basis the performance of  | 
      
      
        | 
           
			 | 
        each grant recipient; and | 
      
      
        | 
           
			 | 
                     (3)  prepare and submit an annual report, not later  | 
      
      
        | 
           
			 | 
        than December 1 of each year, to the Senate Health and Human  | 
      
      
        | 
           
			 | 
        Services Committee, or its successor, and the House Human Services  | 
      
      
        | 
           
			 | 
        Committee, or its successor, regarding the performance of each  | 
      
      
        | 
           
			 | 
        grant recipient during the preceding state fiscal year with respect  | 
      
      
        | 
           
			 | 
        to providing partnership program services. | 
      
      
        | 
           
			 | 
               (b)  The report required under Subsection (a)(3) must  | 
      
      
        | 
           
			 | 
        include: | 
      
      
        | 
           
			 | 
                     (1)  the number of low-income, first-time mothers to  | 
      
      
        | 
           
			 | 
        whom each grant recipient provided partnership program services  | 
      
      
        | 
           
			 | 
        and, of that number, the number of mothers who established the  | 
      
      
        | 
           
			 | 
        paternity of an alleged father as a result of services provided  | 
      
      
        | 
           
			 | 
        under the program; | 
      
      
        | 
           
			 | 
                     (2)  the extent to which each grant recipient made  | 
      
      
        | 
           
			 | 
        regular visits to mothers during the period described by Section  | 
      
      
        | 
           
			 | 
        265.103(4) [531.653(4)]; and | 
      
      
        | 
           
			 | 
                     (3)  the extent to which each grant recipient adhered  | 
      
      
        | 
           
			 | 
        to the Nurse-Family Partnership National Service Office's program  | 
      
      
        | 
           
			 | 
        model, including the extent to which registered nurses: | 
      
      
        | 
           
			 | 
                           (A)  conducted home visitations comparable in  | 
      
      
        | 
           
			 | 
        frequency, duration, and content to those delivered in Nurse-Family  | 
      
      
        | 
           
			 | 
        Partnership National Service Office clinical trials; and | 
      
      
        | 
           
			 | 
                           (B)  assessed the health and well-being of mothers  | 
      
      
        | 
           
			 | 
        and children participating in the partnership programs in  | 
      
      
        | 
           
			 | 
        accordance with indicators of maternal, child, and family health  | 
      
      
        | 
           
			 | 
        defined by the department [commission] in consultation with the  | 
      
      
        | 
           
			 | 
        Nurse-Family Partnership National Service Office. | 
      
      
        | 
           
			 | 
               (c)  On request, each grant recipient shall timely collect  | 
      
      
        | 
           
			 | 
        and provide data and any other information required by the  | 
      
      
        | 
           
			 | 
        department [commission] to monitor and evaluate the recipient or to  | 
      
      
        | 
           
			 | 
        prepare the report required by this section. | 
      
      
        | 
           
			 | 
               Sec. 265.110 [531.660].  COMPETITIVE GRANT PROGRAM FUNDING.   | 
      
      
        | 
           
			 | 
        (a)  The department [commission] shall actively seek and apply for  | 
      
      
        | 
           
			 | 
        any available federal funds, including federal Medicaid and  | 
      
      
        | 
           
			 | 
        Temporary Assistance for Needy Families (TANF) funds, to assist in  | 
      
      
        | 
           
			 | 
        financing the competitive grant program established under this  | 
      
      
        | 
           
			 | 
        subchapter. | 
      
      
        | 
           
			 | 
               (b)  The department [commission] may use appropriated funds  | 
      
      
        | 
           
			 | 
        from the state government and may accept gifts, donations, and  | 
      
      
        | 
           
			 | 
        grants of money from the federal government, local governments,  | 
      
      
        | 
           
			 | 
        private corporations, or other persons to assist in financing the  | 
      
      
        | 
           
			 | 
        competitive grant program. | 
      
      
        | 
           
			 | 
               (b)  Notwithstanding the transfer of Subchapter Q, Chapter  | 
      
      
        | 
           
			 | 
        531, Government Code, to Chapter 265, Family Code, and  | 
      
      
        | 
           
			 | 
        redesignation as Subchapter C of that chapter, the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall continue to administer the Nurse-Family  | 
      
      
        | 
           
			 | 
        Partnership Competitive Grant Program under that subchapter until  | 
      
      
        | 
           
			 | 
        the date the program transfers to the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services in accordance with Section 531.0201,  | 
      
      
        | 
           
			 | 
        Government Code, as added by this article, and the transition plan  | 
      
      
        | 
           
			 | 
        under Section 531.0204, Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               SECTION 1.16.  Effective September 1, 2017, Section  | 
      
      
        | 
           
			 | 
        1001.002, Health and Safety Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1001.002.  AGENCY AND AGENCY FUNCTIONS.  (a)  In this  | 
      
      
        | 
           
			 | 
        section, "function" includes a power, duty, program, or activity  | 
      
      
        | 
           
			 | 
        and an administrative support services function associated with the  | 
      
      
        | 
           
			 | 
        power, duty, program, or activity, unless consolidated under  | 
      
      
        | 
           
			 | 
        Section 531.02012, Government Code. | 
      
      
        | 
           
			 | 
               (b)  The department is an agency of the state. | 
      
      
        | 
           
			 | 
               (c)  In accordance with Subchapter A-1, Chapter 531,  | 
      
      
        | 
           
			 | 
        Government Code, and notwithstanding any other law, the department  | 
      
      
        | 
           
			 | 
        performs only functions related to public health, including health  | 
      
      
        | 
           
			 | 
        care data collection and maintenance of the Texas Health Care  | 
      
      
        | 
           
			 | 
        Information Collection program. | 
      
      
        | 
           
			 | 
               SECTION 1.17.  Effective September 1, 2017, Subchapter A,  | 
      
      
        | 
           
			 | 
        Chapter 1001, Health and Safety Code, is amended by adding Sections  | 
      
      
        | 
           
			 | 
        1001.004 and 1001.005 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1001.004.  REFERENCES IN LAW MEANING DEPARTMENT.  In  | 
      
      
        | 
           
			 | 
        this code or any other law, a reference to the department in  | 
      
      
        | 
           
			 | 
        relation to a function described by Section 1001.002(c) means the  | 
      
      
        | 
           
			 | 
        department.  A reference in law to the department in relation to any  | 
      
      
        | 
           
			 | 
        other function has the meaning assigned by Section 531.0011,  | 
      
      
        | 
           
			 | 
        Government Code. | 
      
      
        | 
           
			 | 
               Sec. 1001.005.  REFERENCES IN LAW MEANING COMMISSIONER OR  | 
      
      
        | 
           
			 | 
        DESIGNEE.  In this code or in any other law, a reference to the  | 
      
      
        | 
           
			 | 
        commissioner in relation to a function described by Section  | 
      
      
        | 
           
			 | 
        1001.002(c) means the commissioner.  A reference in law to the  | 
      
      
        | 
           
			 | 
        commissioner in relation to any other function has the meaning  | 
      
      
        | 
           
			 | 
        assigned by Section 531.0012, Government Code. | 
      
      
        | 
           
			 | 
               SECTION 1.18.  Effective September 1, 2017, Section  | 
      
      
        | 
           
			 | 
        40.002(b), Human Resources Code, as amended by S.B. No. 219, Acts of  | 
      
      
        | 
           
			 | 
        the 84th Legislature, Regular Session, 2015, is amended to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (b)  Except as provided by Section 40.0025 [Notwithstanding 
         | 
      
      
        | 
           
			 | 
        
          any other law], the department shall: | 
      
      
        | 
           
			 | 
                     (1)  provide protective services for children and  | 
      
      
        | 
           
			 | 
        elderly persons and persons with disabilities, including  | 
      
      
        | 
           
			 | 
        investigations of alleged abuse, neglect, or exploitation in  | 
      
      
        | 
           
			 | 
        facilities of the Department of State Health Services and the  | 
      
      
        | 
           
			 | 
        Department of Aging and Disability Services or the successor agency  | 
      
      
        | 
           
			 | 
        for either of those agencies; | 
      
      
        | 
           
			 | 
                     (2)  provide family support and family preservation  | 
      
      
        | 
           
			 | 
        services that respect the fundamental right of parents to control  | 
      
      
        | 
           
			 | 
        the education and upbringing of their children; | 
      
      
        | 
           
			 | 
                     (3)  license, register, and enforce regulations  | 
      
      
        | 
           
			 | 
        applicable to child-care facilities, child-care administrators,  | 
      
      
        | 
           
			 | 
        and child-placing agency administrators; and | 
      
      
        | 
           
			 | 
                     (4)  implement and manage programs intended to provide  | 
      
      
        | 
           
			 | 
        early intervention or prevent at-risk behaviors that lead to child  | 
      
      
        | 
           
			 | 
        abuse, delinquency, running away, truancy, and dropping out of  | 
      
      
        | 
           
			 | 
        school. | 
      
      
        | 
           
			 | 
               SECTION 1.19.  Effective September 1, 2017, Subchapter A,  | 
      
      
        | 
           
			 | 
        Chapter 40, Human Resources Code, is amended by adding Sections  | 
      
      
        | 
           
			 | 
        40.0025, 40.0026, and 40.0027 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 40.0025.  AGENCY FUNCTIONS.  (a)  In this section,  | 
      
      
        | 
           
			 | 
        "function" includes a power, duty, program, or activity and an  | 
      
      
        | 
           
			 | 
        administrative support services function associated with the  | 
      
      
        | 
           
			 | 
        power, duty, program, or activity, unless consolidated under  | 
      
      
        | 
           
			 | 
        Section 531.02012, Government Code. | 
      
      
        | 
           
			 | 
               (b)  In accordance with Subchapter A-1, Chapter 531,  | 
      
      
        | 
           
			 | 
        Government Code, and notwithstanding any other law, the department  | 
      
      
        | 
           
			 | 
        performs only functions, including the statewide intake of reports  | 
      
      
        | 
           
			 | 
        and other information, related to the following services: | 
      
      
        | 
           
			 | 
                     (1)  child protective services, including services  | 
      
      
        | 
           
			 | 
        that are required by federal law to be provided by this state's  | 
      
      
        | 
           
			 | 
        child welfare agency; | 
      
      
        | 
           
			 | 
                     (2)  adult protective services, other than  | 
      
      
        | 
           
			 | 
        investigations of the alleged abuse, neglect, or exploitation of an  | 
      
      
        | 
           
			 | 
        elderly person or person with a disability: | 
      
      
        | 
           
			 | 
                           (A)  in a facility operated, or in a facility or by  | 
      
      
        | 
           
			 | 
        a person licensed, certified, or registered, by a state agency; or | 
      
      
        | 
           
			 | 
                           (B)  by a provider that has contracted to provide  | 
      
      
        | 
           
			 | 
        home and community-based services; and | 
      
      
        | 
           
			 | 
                     (3)  prevention and early intervention services  | 
      
      
        | 
           
			 | 
        functions, including: | 
      
      
        | 
           
			 | 
                           (A)  prevention and early intervention services  | 
      
      
        | 
           
			 | 
        as defined under Section 265.001, Family Code; and | 
      
      
        | 
           
			 | 
                           (B)  programs that: | 
      
      
        | 
           
			 | 
                                 (i)  provide parent education; | 
      
      
        | 
           
			 | 
                                 (ii)  promote healthier parent-child  | 
      
      
        | 
           
			 | 
        relationships; or | 
      
      
        | 
           
			 | 
                                 (iii)  prevent family violence. | 
      
      
        | 
           
			 | 
               Sec. 40.0026.  REFERENCES IN LAW MEANING DEPARTMENT.  In  | 
      
      
        | 
           
			 | 
        this code or any other law, a reference to the department in  | 
      
      
        | 
           
			 | 
        relation to a function described by Section 40.0025(b) means the  | 
      
      
        | 
           
			 | 
        department.  A reference in law to the department in relation to any  | 
      
      
        | 
           
			 | 
        other function has the meaning assigned by Section 531.0011,  | 
      
      
        | 
           
			 | 
        Government Code. | 
      
      
        | 
           
			 | 
               Sec. 40.0027.  REFERENCES IN LAW MEANING COMMISSIONER OR  | 
      
      
        | 
           
			 | 
        DESIGNEE.  In this code or in any other law, a reference to the  | 
      
      
        | 
           
			 | 
        commissioner in relation to a function described by Section  | 
      
      
        | 
           
			 | 
        40.0025(b) means the commissioner.  A reference in law to the  | 
      
      
        | 
           
			 | 
        commissioner in relation to any other function has the meaning  | 
      
      
        | 
           
			 | 
        assigned by Section 531.0012, Government Code. | 
      
      
        | 
           
			 | 
               SECTION 1.20.  Sections 40.0515(d) and (e), Human Resources  | 
      
      
        | 
           
			 | 
        Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (d)  A performance review conducted under Subsection (b)(3)  | 
      
      
        | 
           
			 | 
        is considered a performance evaluation for purposes of Section  | 
      
      
        | 
           
			 | 
        40.032(c) of this code or Section 531.009(c), Government Code, as  | 
      
      
        | 
           
			 | 
        applicable.  The department shall ensure that disciplinary or other  | 
      
      
        | 
           
			 | 
        corrective action is taken against a supervisor or other managerial  | 
      
      
        | 
           
			 | 
        employee who is required to conduct a performance evaluation for  | 
      
      
        | 
           
			 | 
        adult protective services personnel under Section 40.032(c) of this  | 
      
      
        | 
           
			 | 
        code or Section 531.009(c), Government Code, as applicable, or a  | 
      
      
        | 
           
			 | 
        performance review under Subsection (b)(3) and who fails to  | 
      
      
        | 
           
			 | 
        complete that evaluation or review in a timely manner. | 
      
      
        | 
           
			 | 
               (e)  The annual performance evaluation required under  | 
      
      
        | 
           
			 | 
        Section 40.032(c) of this code or Section 531.009(c), Government  | 
      
      
        | 
           
			 | 
        Code, as applicable, of the performance of a supervisor in the adult  | 
      
      
        | 
           
			 | 
        protective services division must: | 
      
      
        | 
           
			 | 
                     (1)  be performed by an appropriate program  | 
      
      
        | 
           
			 | 
        administrator; and | 
      
      
        | 
           
			 | 
                     (2)  include: | 
      
      
        | 
           
			 | 
                           (A)  an evaluation of the supervisor with respect  | 
      
      
        | 
           
			 | 
        to the job performance standards applicable to the supervisor's  | 
      
      
        | 
           
			 | 
        assigned duties; and | 
      
      
        | 
           
			 | 
                           (B)  an evaluation of the supervisor with respect  | 
      
      
        | 
           
			 | 
        to the compliance of employees supervised by the supervisor with  | 
      
      
        | 
           
			 | 
        the job performance standards applicable to those employees'  | 
      
      
        | 
           
			 | 
        assigned duties. | 
      
      
        | 
           
			 | 
               SECTION 1.21.  (a)  The heading to Subchapter C, Chapter  | 
      
      
        | 
           
			 | 
        112, Human Resources Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER C.  [OFFICE FOR THE] PREVENTION OF DEVELOPMENTAL  | 
      
      
        | 
           
			 | 
        DISABILITIES | 
      
      
        | 
           
			 | 
               (b)  Section 112.042, Human Resources Code, is amended by  | 
      
      
        | 
           
			 | 
        amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
                     (1)  "Commission" means the Health and Human Services  | 
      
      
        | 
           
			 | 
        Commission. | 
      
      
        | 
           
			 | 
                     (1-a)  "Developmental disability" means a severe,  | 
      
      
        | 
           
			 | 
        chronic disability that: | 
      
      
        | 
           
			 | 
                           (A)  is attributable to a mental or physical  | 
      
      
        | 
           
			 | 
        impairment or to a combination of a mental and physical impairment; | 
      
      
        | 
           
			 | 
                           (B)  is manifested before a person reaches the age  | 
      
      
        | 
           
			 | 
        of 22; | 
      
      
        | 
           
			 | 
                           (C)  is likely to continue indefinitely; | 
      
      
        | 
           
			 | 
                           (D)  results in substantial functional  | 
      
      
        | 
           
			 | 
        limitations in three or more major life activities, including: | 
      
      
        | 
           
			 | 
                                 (i)  self-care; | 
      
      
        | 
           
			 | 
                                 (ii)  receptive and expressive language; | 
      
      
        | 
           
			 | 
                                 (iii)  learning; | 
      
      
        | 
           
			 | 
                                 (iv)  mobility; | 
      
      
        | 
           
			 | 
                                 (v)  self-direction; | 
      
      
        | 
           
			 | 
                                 (vi)  capacity for independent living; and | 
      
      
        | 
           
			 | 
                                 (vii)  economic sufficiency; and | 
      
      
        | 
           
			 | 
                           (E)  reflects the person's needs for a combination  | 
      
      
        | 
           
			 | 
        and sequence of special interdisciplinary or generic care,  | 
      
      
        | 
           
			 | 
        treatment, or other lifelong or extended services that are  | 
      
      
        | 
           
			 | 
        individually planned and coordinated. | 
      
      
        | 
           
			 | 
                     (1-b)  "Executive commissioner" means the executive  | 
      
      
        | 
           
			 | 
        commissioner of the Health and Human Services Commission. | 
      
      
        | 
           
			 | 
               (c)  Subchapter C, Chapter 112, Human Resources Code, is  | 
      
      
        | 
           
			 | 
        amended by adding Sections 112.0421 and 112.0431  to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 112.0421.  APPLICABILITY AND EXPIRATION OF CERTAIN  | 
      
      
        | 
           
			 | 
        PROVISIONS.  (a)  Sections 112.041(a), 112.043, 112.045, 112.0451,  | 
      
      
        | 
           
			 | 
        112.0452, 112.0453, 112.0454, 112.046, 112.047, 112.0471, and  | 
      
      
        | 
           
			 | 
        112.0472 apply only until the date the executive commissioner  | 
      
      
        | 
           
			 | 
        begins to administer this subchapter and the commission assumes the  | 
      
      
        | 
           
			 | 
        duties and functions of the Office for the Prevention of  | 
      
      
        | 
           
			 | 
        Developmental Disabilities in accordance with Section 112.0431. | 
      
      
        | 
           
			 | 
               (b)  On the date the provisions listed in Subsection (a)  | 
      
      
        | 
           
			 | 
        cease to apply, the executive committee under Section 112.045 and  | 
      
      
        | 
           
			 | 
        the board of advisors under Section 112.046 are abolished. | 
      
      
        | 
           
			 | 
               (c)  This section and Sections 112.041(a), 112.043, 112.045,  | 
      
      
        | 
           
			 | 
        112.0451, 112.0452, 112.0453, 112.0454, 112.046, 112.047,  | 
      
      
        | 
           
			 | 
        112.0471, and 112.0472 expire on the last day of the period  | 
      
      
        | 
           
			 | 
        prescribed by Section 531.02001(2), Government Code. | 
      
      
        | 
           
			 | 
               Sec. 112.0431.  ADMINISTRATION OF SUBCHAPTER; CERTAIN  | 
      
      
        | 
           
			 | 
        REFERENCES.  (a)  Notwithstanding any other provision in this  | 
      
      
        | 
           
			 | 
        subchapter, the executive commissioner shall administer this  | 
      
      
        | 
           
			 | 
        subchapter beginning on the date specified in the transition plan  | 
      
      
        | 
           
			 | 
        under Section 531.0204, Government Code, and the commission shall  | 
      
      
        | 
           
			 | 
        perform the duties and functions of the Office for the Prevention of  | 
      
      
        | 
           
			 | 
        Developmental Disabilities in the organizational form the  | 
      
      
        | 
           
			 | 
        executive commissioner determines appropriate. | 
      
      
        | 
           
			 | 
               (b)  Following the assumption of the administration of this  | 
      
      
        | 
           
			 | 
        subchapter by the executive commissioner and the duties and  | 
      
      
        | 
           
			 | 
        functions by the commission in accordance with Subsection (a): | 
      
      
        | 
           
			 | 
                     (1)  a reference in this subchapter to the office, the  | 
      
      
        | 
           
			 | 
        Office for the Prevention of Developmental Disabilities, or the  | 
      
      
        | 
           
			 | 
        executive committee of that office means the commission, the  | 
      
      
        | 
           
			 | 
        division or other organizational unit within the commission  | 
      
      
        | 
           
			 | 
        designated by the executive commissioner, or the executive  | 
      
      
        | 
           
			 | 
        commissioner, as appropriate; and | 
      
      
        | 
           
			 | 
                     (2)  a reference in any other law to the Office for the  | 
      
      
        | 
           
			 | 
        Prevention of Developmental Disabilities has the meaning assigned  | 
      
      
        | 
           
			 | 
        by Subdivision (1). | 
      
      
        | 
           
			 | 
               (d)  Section 112.044, Human Resources Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 112.044.  DUTIES.  The office shall: | 
      
      
        | 
           
			 | 
                     (1)  educate the public and attempt to promote sound  | 
      
      
        | 
           
			 | 
        public policy regarding the prevention of developmental  | 
      
      
        | 
           
			 | 
        disabilities; | 
      
      
        | 
           
			 | 
                     (2)  identify, collect, and disseminate information  | 
      
      
        | 
           
			 | 
        and data concerning the causes, frequency of occurrence, and  | 
      
      
        | 
           
			 | 
        preventability of developmental disabilities; | 
      
      
        | 
           
			 | 
                     (3)  work with appropriate divisions within the  | 
      
      
        | 
           
			 | 
        commission, state agencies, and other entities to develop a  | 
      
      
        | 
           
			 | 
        coordinated long-range plan to effectively monitor and reduce the  | 
      
      
        | 
           
			 | 
        incidence or severity of developmental disabilities; | 
      
      
        | 
           
			 | 
                     (4)  promote and facilitate the identification,  | 
      
      
        | 
           
			 | 
        development, coordination, and delivery of needed prevention  | 
      
      
        | 
           
			 | 
        services; | 
      
      
        | 
           
			 | 
                     (5)  solicit, receive, and spend grants and donations  | 
      
      
        | 
           
			 | 
        from public, private, state, and federal sources; | 
      
      
        | 
           
			 | 
                     (6)  identify and encourage establishment of needed  | 
      
      
        | 
           
			 | 
        reporting systems to track the causes and frequencies of occurrence  | 
      
      
        | 
           
			 | 
        of developmental disabilities; | 
      
      
        | 
           
			 | 
                     (7)  develop, operate, and monitor programs created  | 
      
      
        | 
           
			 | 
        under Section 112.048 addressing [task forces to address] the  | 
      
      
        | 
           
			 | 
        prevention of specific targeted developmental disabilities; | 
      
      
        | 
           
			 | 
                     (8)  monitor and assess the effectiveness of divisions  | 
      
      
        | 
           
			 | 
        within the commission and of state agencies in preventing [to 
         | 
      
      
        | 
           
			 | 
        
          prevent] developmental disabilities; | 
      
      
        | 
           
			 | 
                     (9)  recommend the role each division within the  | 
      
      
        | 
           
			 | 
        commission and each state agency should have with regard to  | 
      
      
        | 
           
			 | 
        prevention of developmental disabilities; | 
      
      
        | 
           
			 | 
                     (10)  facilitate coordination of state agency  | 
      
      
        | 
           
			 | 
        prevention services and activities within the commission and among  | 
      
      
        | 
           
			 | 
        appropriate state agencies; and | 
      
      
        | 
           
			 | 
                     (11)  encourage cooperative, comprehensive, and  | 
      
      
        | 
           
			 | 
        complementary planning among public, private, and volunteer  | 
      
      
        | 
           
			 | 
        individuals and organizations engaged in prevention activities,  | 
      
      
        | 
           
			 | 
        providing prevention services, or conducting related research. | 
      
      
        | 
           
			 | 
               (e)  Sections 112.048 and 112.049, Human Resources Code, are  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 112.048.  PREVENTION PROGRAMS FOR TARGETED  | 
      
      
        | 
           
			 | 
        DEVELOPMENTAL DISABILITIES [TASK FORCES].  (a)  The executive  | 
      
      
        | 
           
			 | 
        committee shall establish guidelines for: | 
      
      
        | 
           
			 | 
                     (1)  selecting targeted disabilities; | 
      
      
        | 
           
			 | 
                     (2)  assessing prevention services needs; and | 
      
      
        | 
           
			 | 
                     (3)  reviewing [task force] plans, budgets, and  | 
      
      
        | 
           
			 | 
        operations for programs under this section. | 
      
      
        | 
           
			 | 
               (b)  The executive committee shall [create task forces made 
         | 
      
      
        | 
           
			 | 
        
          up of members of the board of advisors to] plan and implement  | 
      
      
        | 
           
			 | 
        prevention programs for specifically targeted developmental  | 
      
      
        | 
           
			 | 
        disabilities.  [A task force operates as an administrative division 
         | 
      
      
        | 
           
			 | 
        
          of the office and can be abolished when it is ineffective or is no 
         | 
      
      
        | 
           
			 | 
        
          longer needed.] | 
      
      
        | 
           
			 | 
               (c)  A program under this section [task force shall]: | 
      
      
        | 
           
			 | 
                     (1)  must include [develop] a plan designed to reduce  | 
      
      
        | 
           
			 | 
        the incidence of a specifically targeted disability; | 
      
      
        | 
           
			 | 
                     (2)  must include [prepare] a budget for implementing a  | 
      
      
        | 
           
			 | 
        plan; | 
      
      
        | 
           
			 | 
                     (3)  must be funded [arrange for funds] through: | 
      
      
        | 
           
			 | 
                           (A)  contracts for services from participating  | 
      
      
        | 
           
			 | 
        agencies; | 
      
      
        | 
           
			 | 
                           (B)  grants and gifts from private persons and  | 
      
      
        | 
           
			 | 
        consumer and advocacy organizations; and | 
      
      
        | 
           
			 | 
                           (C)  foundation support; and | 
      
      
        | 
           
			 | 
                     (4)  must be approved by [submit the plan, budget, and 
         | 
      
      
        | 
           
			 | 
        
          evidence of funding commitments to] the executive committee [for 
         | 
      
      
        | 
           
			 | 
        
          approval]. | 
      
      
        | 
           
			 | 
               [(d)
           
           
          A task force shall regularly report to the executive 
         | 
      
      
        | 
           
			 | 
        
          committee, as required by the committee, the operation, progress, 
         | 
      
      
        | 
           
			 | 
        
          and results of the task force's prevention plan.] | 
      
      
        | 
           
			 | 
               Sec. 112.049.  EVALUATION.  (a)  The office shall identify  | 
      
      
        | 
           
			 | 
        or encourage the establishment of needed statistical bases for each  | 
      
      
        | 
           
			 | 
        targeted group against which the office can measure how effectively  | 
      
      
        | 
           
			 | 
        a [task force] program under Section 112.048 is reducing the  | 
      
      
        | 
           
			 | 
        frequency or severity of a targeted developmental disability. | 
      
      
        | 
           
			 | 
               (b)  The executive committee shall regularly monitor and  | 
      
      
        | 
           
			 | 
        evaluate the results of [task force prevention] programs under  | 
      
      
        | 
           
			 | 
        Section 112.048. | 
      
      
        | 
           
			 | 
               (f)  The heading to Section 112.050, Human Resources Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 112.050.  GRANTS AND OTHER FUNDING. | 
      
      
        | 
           
			 | 
               (g)  Section 112.050, Human Resources Code, is amended by  | 
      
      
        | 
           
			 | 
        amending Subsection (c) and adding Subsection (d) to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (c)  The executive committee may not submit a legislative  | 
      
      
        | 
           
			 | 
        appropriation request for general revenue funds for purposes of  | 
      
      
        | 
           
			 | 
        this subchapter. | 
      
      
        | 
           
			 | 
               (d)  In addition to funding under Subsection (a), the office  | 
      
      
        | 
           
			 | 
        may accept and solicit gifts, donations, and grants of money from  | 
      
      
        | 
           
			 | 
        public and private sources, including the federal government, local  | 
      
      
        | 
           
			 | 
        governments, and private entities, to assist in financing the  | 
      
      
        | 
           
			 | 
        duties and functions of the office.  The commission shall support  | 
      
      
        | 
           
			 | 
        office fund-raising efforts authorized by this subsection.  Funds  | 
      
      
        | 
           
			 | 
        raised under this subsection may only be spent in furtherance of a  | 
      
      
        | 
           
			 | 
        duty or function of the office or in accordance with rules  | 
      
      
        | 
           
			 | 
        applicable to the office. | 
      
      
        | 
           
			 | 
               (h)  Section 112.051, Human Resources Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 112.051.  REPORTS TO LEGISLATURE.  The office shall  | 
      
      
        | 
           
			 | 
        submit by February 1 of each odd-numbered year biennial reports to  | 
      
      
        | 
           
			 | 
        the legislature detailing findings of the office and the results of  | 
      
      
        | 
           
			 | 
        [task force prevention] programs under Section 112.048 and  | 
      
      
        | 
           
			 | 
        recommending improvements in the delivery of developmental  | 
      
      
        | 
           
			 | 
        disability prevention services. | 
      
      
        | 
           
			 | 
               (i)  Notwithstanding the changes in law made by this section,  | 
      
      
        | 
           
			 | 
        the Office for the Prevention of Developmental Disabilities and any  | 
      
      
        | 
           
			 | 
        administrative entity of the Office for the Prevention of  | 
      
      
        | 
           
			 | 
        Developmental Disabilities shall continue to operate under the law  | 
      
      
        | 
           
			 | 
        as it existed before the effective date of this article, and that  | 
      
      
        | 
           
			 | 
        law is continued in effect for that purpose, until the executive  | 
      
      
        | 
           
			 | 
        commissioner of the Health and Human Services Commission begins  | 
      
      
        | 
           
			 | 
        administering Subchapter C, Chapter 112, Human Resources Code, as  | 
      
      
        | 
           
			 | 
        amended by this article, and the commission begins performing the  | 
      
      
        | 
           
			 | 
        duties and functions of the Office for the Prevention of  | 
      
      
        | 
           
			 | 
        Developmental Disabilities as required by Section 112.0431, Human  | 
      
      
        | 
           
			 | 
        Resources Code, as added by this article, on the date specified in  | 
      
      
        | 
           
			 | 
        the transition plan required under Section 531.0204, Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article. | 
      
      
        | 
           
			 | 
               (j)  The executive commissioner of the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall begin administering Subchapter C,  | 
      
      
        | 
           
			 | 
        Chapter 112, Human Resources Code, as amended by this article, and  | 
      
      
        | 
           
			 | 
        the commission shall begin performing the duties and functions of  | 
      
      
        | 
           
			 | 
        the Office for the Prevention of Developmental Disabilities as  | 
      
      
        | 
           
			 | 
        required by Section 112.0431, Human Resources Code, as added by  | 
      
      
        | 
           
			 | 
        this article, on the date specified in the transition plan required  | 
      
      
        | 
           
			 | 
        under Section 531.0204, Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               SECTION 1.22.  (a)  The heading to Chapter 114, Human  | 
      
      
        | 
           
			 | 
        Resources Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
        CHAPTER 114.  [TEXAS COUNCIL ON] AUTISM AND PERVASIVE DEVELOPMENTAL  | 
      
      
        | 
           
			 | 
        DISORDERS | 
      
      
        | 
           
			 | 
               (b)  Section 114.002, Human Resources Code, is amended by  | 
      
      
        | 
           
			 | 
        adding Subdivisions (1-a) and (3) to read as follows: | 
      
      
        | 
           
			 | 
                     (1-a)  "Commission" means the Health and Human Services  | 
      
      
        | 
           
			 | 
        Commission. | 
      
      
        | 
           
			 | 
                     (3)  "Executive commissioner" means the executive  | 
      
      
        | 
           
			 | 
        commissioner of the Health and Human Services Commission. | 
      
      
        | 
           
			 | 
               (c)  Chapter 114, Human Resources Code, is amended by adding  | 
      
      
        | 
           
			 | 
        Sections 114.0021 and 114.0031 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 114.0021.  APPLICABILITY AND EXPIRATION OF CERTAIN  | 
      
      
        | 
           
			 | 
        PROVISIONS.  (a)  Sections 114.001, 114.003, 114.004, 114.005,  | 
      
      
        | 
           
			 | 
        114.007(a), and 114.010(d) apply only until the date the executive  | 
      
      
        | 
           
			 | 
        commissioner begins to administer this chapter and the commission  | 
      
      
        | 
           
			 | 
        assumes the duties and functions of the Texas Council on Autism and  | 
      
      
        | 
           
			 | 
        Pervasive Developmental Disorders in accordance with Section  | 
      
      
        | 
           
			 | 
        114.0031. | 
      
      
        | 
           
			 | 
               (b)  On the date the provisions listed in Subsection (a)  | 
      
      
        | 
           
			 | 
        cease to apply, the Texas Council on Autism and Pervasive  | 
      
      
        | 
           
			 | 
        Developmental Disorders is abolished. | 
      
      
        | 
           
			 | 
               (c)  This section and Sections 114.001, 114.003, 114.004,  | 
      
      
        | 
           
			 | 
        114.005, 114.007(a), and 114.010(d) expire on the last day of the  | 
      
      
        | 
           
			 | 
        period prescribed by Section 531.02001(1), Government Code. | 
      
      
        | 
           
			 | 
               Sec. 114.0031.  ADMINISTRATION OF CHAPTER; CERTAIN  | 
      
      
        | 
           
			 | 
        REFERENCES.  (a)  Notwithstanding any other provision in this  | 
      
      
        | 
           
			 | 
        chapter, the executive commissioner shall administer this chapter  | 
      
      
        | 
           
			 | 
        beginning on the date specified in the transition plan under  | 
      
      
        | 
           
			 | 
        Section 531.0204, Government Code, and the commission shall perform  | 
      
      
        | 
           
			 | 
        the duties and functions of the Texas Council on Autism and  | 
      
      
        | 
           
			 | 
        Pervasive Developmental Disorders in the organizational form the  | 
      
      
        | 
           
			 | 
        executive commissioner determines appropriate. | 
      
      
        | 
           
			 | 
               (b)  Following the assumption of the administration of this  | 
      
      
        | 
           
			 | 
        chapter by the executive commissioner and the duties and functions  | 
      
      
        | 
           
			 | 
        by the commission in accordance with Subsection (a): | 
      
      
        | 
           
			 | 
                     (1)  a reference in this chapter to the council, the  | 
      
      
        | 
           
			 | 
        Texas Council on Autism and Pervasive Developmental Disorders, or  | 
      
      
        | 
           
			 | 
        an agency represented on the council means the commission, the  | 
      
      
        | 
           
			 | 
        division or other organizational unit within the commission  | 
      
      
        | 
           
			 | 
        designated by the executive commissioner, or the executive  | 
      
      
        | 
           
			 | 
        commissioner, as appropriate; and | 
      
      
        | 
           
			 | 
                     (2)  a reference in any other law to the Texas Council  | 
      
      
        | 
           
			 | 
        on Autism and Pervasive Developmental Disorders has the meaning  | 
      
      
        | 
           
			 | 
        assigned by Subdivision (1). | 
      
      
        | 
           
			 | 
               (d)  Section 114.006(b), Human Resources Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (b)  The council shall make written recommendations on the  | 
      
      
        | 
           
			 | 
        implementation of this chapter.  If the council considers a  | 
      
      
        | 
           
			 | 
        recommendation that will affect another state [an] agency [not 
         | 
      
      
        | 
           
			 | 
        
          represented on the council], the council shall seek the advice and  | 
      
      
        | 
           
			 | 
        assistance of the agency before taking action on the  | 
      
      
        | 
           
			 | 
        recommendation.  On approval of the governing body of the agency,  | 
      
      
        | 
           
			 | 
        each agency affected by a council recommendation shall implement  | 
      
      
        | 
           
			 | 
        the recommendation.  If an agency does not have sufficient funds to  | 
      
      
        | 
           
			 | 
        implement a recommendation, the agency shall request funds for that  | 
      
      
        | 
           
			 | 
        purpose in its next budget proposal. | 
      
      
        | 
           
			 | 
               (e)  Sections 114.007(b) and (c), Human Resources Code, are  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The council with [the advice of the advisory task force 
         | 
      
      
        | 
           
			 | 
        
          and] input from people with autism and other pervasive  | 
      
      
        | 
           
			 | 
        developmental disorders, their families, and related advocacy  | 
      
      
        | 
           
			 | 
        organizations shall address contemporary issues affecting services  | 
      
      
        | 
           
			 | 
        available to persons with autism or other pervasive developmental  | 
      
      
        | 
           
			 | 
        disorders in this state, including: | 
      
      
        | 
           
			 | 
                     (1)  successful intervention and treatment strategies,  | 
      
      
        | 
           
			 | 
        including transitioning; | 
      
      
        | 
           
			 | 
                     (2)  personnel preparation and continuing education; | 
      
      
        | 
           
			 | 
                     (3)  referral, screening, and evaluation services; | 
      
      
        | 
           
			 | 
                     (4)  day care, respite care, or residential care  | 
      
      
        | 
           
			 | 
        services; | 
      
      
        | 
           
			 | 
                     (5)  vocational and adult training programs; | 
      
      
        | 
           
			 | 
                     (6)  public awareness strategies; | 
      
      
        | 
           
			 | 
                     (7)  contemporary research; | 
      
      
        | 
           
			 | 
                     (8)  early identification strategies; | 
      
      
        | 
           
			 | 
                     (9)  family counseling and case management; and | 
      
      
        | 
           
			 | 
                     (10)  recommendations for monitoring autism service  | 
      
      
        | 
           
			 | 
        programs. | 
      
      
        | 
           
			 | 
               (c)  The council with [the advice of the advisory task force 
         | 
      
      
        | 
           
			 | 
        
          and] input from people with autism and other pervasive  | 
      
      
        | 
           
			 | 
        developmental disorders, their families, and related advocacy  | 
      
      
        | 
           
			 | 
        organizations shall advise the legislature on legislation that is  | 
      
      
        | 
           
			 | 
        needed to develop further and to maintain a statewide system of  | 
      
      
        | 
           
			 | 
        quality intervention and treatment services for all persons with  | 
      
      
        | 
           
			 | 
        autism or other pervasive developmental disorders.  The council may  | 
      
      
        | 
           
			 | 
        develop and recommend legislation to the legislature or comment on  | 
      
      
        | 
           
			 | 
        pending legislation that affects those persons. | 
      
      
        | 
           
			 | 
               (f)  Section 114.008, Human Resources Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 114.008.  REPORT.  (a)  [The agencies represented on 
         | 
      
      
        | 
           
			 | 
        
          the council and the public members shall report to the council any 
         | 
      
      
        | 
           
			 | 
        
          requirements identified by the agency or person to provide 
         | 
      
      
        | 
           
			 | 
        
          additional or improved services to persons with autism or other 
         | 
      
      
        | 
           
			 | 
        
          pervasive developmental disorders.]  Not later than November 1 of  | 
      
      
        | 
           
			 | 
        each even-numbered year, the council shall: | 
      
      
        | 
           
			 | 
                     (1)  prepare a report summarizing requirements the  | 
      
      
        | 
           
			 | 
        council identifies and recommendations for providing additional or  | 
      
      
        | 
           
			 | 
        improved services to persons with autism or other pervasive  | 
      
      
        | 
           
			 | 
        developmental disorders; and | 
      
      
        | 
           
			 | 
                     (2)  deliver the report to the executive commissioner  | 
      
      
        | 
           
			 | 
        [of the Health and Human Services Commission], the governor, the  | 
      
      
        | 
           
			 | 
        lieutenant governor, and the speaker of the house of  | 
      
      
        | 
           
			 | 
        representatives [a report summarizing the recommendations]. | 
      
      
        | 
           
			 | 
               (b)  The council shall develop a strategy for establishing  | 
      
      
        | 
           
			 | 
        new programs to meet the requirements identified through the  | 
      
      
        | 
           
			 | 
        council's review and assessment and from input from [the task 
         | 
      
      
        | 
           
			 | 
        
          force,] people with autism and related pervasive developmental  | 
      
      
        | 
           
			 | 
        disorders, their families, and related advocacy organizations. | 
      
      
        | 
           
			 | 
               (g)  Section 114.013, Human Resources Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 114.013.  COORDINATION OF RESOURCES FOR INDIVIDUALS  | 
      
      
        | 
           
			 | 
        WITH AUTISM SPECTRUM DISORDERS [RESOURCE CENTER].  (a)  The  | 
      
      
        | 
           
			 | 
        commission [Health and Human Services Commission] shall [establish 
         | 
      
      
        | 
           
			 | 
        
          and administer an autism spectrum disorders resource center to]  | 
      
      
        | 
           
			 | 
        coordinate resources for individuals with autism and other  | 
      
      
        | 
           
			 | 
        pervasive developmental disorders and their families.  In  | 
      
      
        | 
           
			 | 
        coordinating those resources [establishing and administering the 
         | 
      
      
        | 
           
			 | 
        
          center], the commission [Health and Human Services Commission]  | 
      
      
        | 
           
			 | 
        shall consult with [the council and coordinate with] appropriate  | 
      
      
        | 
           
			 | 
        state agencies[, including each agency represented on the council]. | 
      
      
        | 
           
			 | 
               (b)  As part of coordinating resources under Subsection (a),  | 
      
      
        | 
           
			 | 
        the commission [The Health and Human Services Commission] shall  | 
      
      
        | 
           
			 | 
        [design the center to]: | 
      
      
        | 
           
			 | 
                     (1)  collect and distribute information and research  | 
      
      
        | 
           
			 | 
        regarding autism and other pervasive developmental disorders; | 
      
      
        | 
           
			 | 
                     (2)  conduct training and development activities for  | 
      
      
        | 
           
			 | 
        persons who may interact with an individual with autism or another  | 
      
      
        | 
           
			 | 
        pervasive developmental disorder in the course of their employment,  | 
      
      
        | 
           
			 | 
        including school, medical, or law enforcement personnel; | 
      
      
        | 
           
			 | 
                     (3)  coordinate with local entities that provide  | 
      
      
        | 
           
			 | 
        services to an individual with autism or another pervasive  | 
      
      
        | 
           
			 | 
        developmental disorder; and | 
      
      
        | 
           
			 | 
                     (4)  provide support for families affected by autism  | 
      
      
        | 
           
			 | 
        and other pervasive developmental disorders. | 
      
      
        | 
           
			 | 
               (h)  Notwithstanding the changes in law made by this section,  | 
      
      
        | 
           
			 | 
        the Texas Council on Autism and Pervasive Developmental Disorders  | 
      
      
        | 
           
			 | 
        and any administrative entity of the Texas Council on Autism and  | 
      
      
        | 
           
			 | 
        Pervasive Developmental Disorders shall continue to operate under  | 
      
      
        | 
           
			 | 
        the law as it existed before the effective date of this article, and  | 
      
      
        | 
           
			 | 
        that law is continued in effect for that purpose, until the  | 
      
      
        | 
           
			 | 
        executive commissioner of the Health and Human Services Commission  | 
      
      
        | 
           
			 | 
        begins administering Chapter 114, Human Resources Code, as amended  | 
      
      
        | 
           
			 | 
        by this article, and the commission begins performing the duties  | 
      
      
        | 
           
			 | 
        and functions of the Texas Council on Autism and Pervasive  | 
      
      
        | 
           
			 | 
        Developmental Disorders as required by Section 114.0031, Human  | 
      
      
        | 
           
			 | 
        Resources Code, as added by this article, on the date specified in  | 
      
      
        | 
           
			 | 
        the transition plan required under Section 531.0204, Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article. | 
      
      
        | 
           
			 | 
               (i)  The executive commissioner of the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall begin administering Chapter 114, Human  | 
      
      
        | 
           
			 | 
        Resources Code, as amended by this article, and the commission  | 
      
      
        | 
           
			 | 
        shall begin performing the duties and functions of the Texas  | 
      
      
        | 
           
			 | 
        Council on Autism and Pervasive Developmental Disorders as required  | 
      
      
        | 
           
			 | 
        by Section 114.0031, Human Resources Code, as added by this  | 
      
      
        | 
           
			 | 
        article, on the date specified in the transition plan required  | 
      
      
        | 
           
			 | 
        under Section 531.0204, Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               SECTION 1.23.  (a)  Effective September 1, 2016, the  | 
      
      
        | 
           
			 | 
        following provisions of the Government Code, including provisions  | 
      
      
        | 
           
			 | 
        amended by S.B. No. 219, Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, are repealed: | 
      
      
        | 
           
			 | 
                     (1)  Section 531.0235; and | 
      
      
        | 
           
			 | 
                     (2)  Subchapter K, Chapter 531. | 
      
      
        | 
           
			 | 
               (b)  Effective September 1, 2016, the following provisions  | 
      
      
        | 
           
			 | 
        of the Health and Safety Code are repealed: | 
      
      
        | 
           
			 | 
                     (1)  Section 1001.021; | 
      
      
        | 
           
			 | 
                     (2)  Section 1001.022; | 
      
      
        | 
           
			 | 
                     (3)  Section 1001.023; | 
      
      
        | 
           
			 | 
                     (4)  Section 1001.024; | 
      
      
        | 
           
			 | 
                     (5)  Section 1001.025; | 
      
      
        | 
           
			 | 
                     (6)  Section 1001.026; and | 
      
      
        | 
           
			 | 
                     (7)  Section 1001.027. | 
      
      
        | 
           
			 | 
               (c)  Effective September 1, 2016, the following provisions  | 
      
      
        | 
           
			 | 
        of the Human Resources Code, including provisions amended by S.B.  | 
      
      
        | 
           
			 | 
        No. 219, Acts of the 84th Legislature, Regular Session, 2015, are  | 
      
      
        | 
           
			 | 
        repealed: | 
      
      
        | 
           
			 | 
                     (1)  Section 40.021; | 
      
      
        | 
           
			 | 
                     (2)  Section 40.022; | 
      
      
        | 
           
			 | 
                     (3)  Section 40.0226; | 
      
      
        | 
           
			 | 
                     (4)  Section 40.024; | 
      
      
        | 
           
			 | 
                     (5)  Section 40.025; | 
      
      
        | 
           
			 | 
                     (6)  Section 40.026; | 
      
      
        | 
           
			 | 
                     (7)  Section 117.002; | 
      
      
        | 
           
			 | 
                     (8)  Section 117.021; | 
      
      
        | 
           
			 | 
                     (9)  Section 117.022; | 
      
      
        | 
           
			 | 
                     (10)  Section 117.023; | 
      
      
        | 
           
			 | 
                     (11)  Section 117.024; | 
      
      
        | 
           
			 | 
                     (12)  Section 117.025; | 
      
      
        | 
           
			 | 
                     (13)  Section 117.026; | 
      
      
        | 
           
			 | 
                     (14)  Section 117.027; | 
      
      
        | 
           
			 | 
                     (15)  Section 117.028; | 
      
      
        | 
           
			 | 
                     (16)  Section 117.029; | 
      
      
        | 
           
			 | 
                     (17)  Section 117.030; | 
      
      
        | 
           
			 | 
                     (18)  Section 117.032; | 
      
      
        | 
           
			 | 
                     (19)  Section 117.051; | 
      
      
        | 
           
			 | 
                     (20)  Section 117.052; | 
      
      
        | 
           
			 | 
                     (21)  Section 117.053; | 
      
      
        | 
           
			 | 
                     (22)  Section 117.054; | 
      
      
        | 
           
			 | 
                     (23)  Section 117.055; | 
      
      
        | 
           
			 | 
                     (24)  Section 117.056; | 
      
      
        | 
           
			 | 
                     (25)  Section 117.072; | 
      
      
        | 
           
			 | 
                     (26)  Section 161.021; | 
      
      
        | 
           
			 | 
                     (27)  Section 161.022; | 
      
      
        | 
           
			 | 
                     (28)  Section 161.023; | 
      
      
        | 
           
			 | 
                     (29)  Section 161.024; | 
      
      
        | 
           
			 | 
                     (30)  Section 161.025; | 
      
      
        | 
           
			 | 
                     (31)  Section 161.026; | 
      
      
        | 
           
			 | 
                     (32)  Section 161.027; | 
      
      
        | 
           
			 | 
                     (33)  Section 161.028; | 
      
      
        | 
           
			 | 
                     (34)  Section 161.029; and | 
      
      
        | 
           
			 | 
                     (35)  Section 161.030. | 
      
      
        | 
           
			 | 
               (d)  Effective September 1, 2017, Section 531.0055(i),  | 
      
      
        | 
           
			 | 
        Government Code, is repealed. | 
      
      
        | 
           
			 | 
               (e)  Effective September 1, 2017, the following provisions  | 
      
      
        | 
           
			 | 
        of the Human Resources Code, including provisions amended by S.B.  | 
      
      
        | 
           
			 | 
        No. 219, Acts of the 84th Legislature, Regular Session, 2015, are  | 
      
      
        | 
           
			 | 
        repealed: | 
      
      
        | 
           
			 | 
                     (1)  Section 161.002; | 
      
      
        | 
           
			 | 
                     (2)  Section 161.032; | 
      
      
        | 
           
			 | 
                     (3)  Section 161.051; | 
      
      
        | 
           
			 | 
                     (4)  Section 161.052; | 
      
      
        | 
           
			 | 
                     (5)  Section 161.053; | 
      
      
        | 
           
			 | 
                     (6)  Section 161.054; | 
      
      
        | 
           
			 | 
                     (7)  Section 161.055; | 
      
      
        | 
           
			 | 
                     (8)  Section 161.056; and | 
      
      
        | 
           
			 | 
                     (9)  Section 161.072. | 
      
      
        | 
           
			 | 
               (f)  Notwithstanding Subsections (a), (b), (c), (d), and (e)  | 
      
      
        | 
           
			 | 
        of this section, the implementation of a provision repealed by one  | 
      
      
        | 
           
			 | 
        of those subsections ceases on the date the responsible state  | 
      
      
        | 
           
			 | 
        agency or entity listed in Section 531.0202, Government Code, as  | 
      
      
        | 
           
			 | 
        added by this article, is abolished as provided by Subchapter A-1,  | 
      
      
        | 
           
			 | 
        Chapter 531, Government Code, as added by this article. | 
      
      
        | 
           
			 | 
        ARTICLE 2.  HEALTH AND HUMAN SERVICES SYSTEM OPERATIONS | 
      
      
        | 
           
			 | 
               SECTION 2.01.  Section 531.001, Government Code, is amended  | 
      
      
        | 
           
			 | 
        by adding Subdivision (3-a) to read as follows: | 
      
      
        | 
           
			 | 
                     (3-a)  "Health and human services system" means the  | 
      
      
        | 
           
			 | 
        system for providing or otherwise administering health and human  | 
      
      
        | 
           
			 | 
        services in this state by the commission, including through an  | 
      
      
        | 
           
			 | 
        office or division of the commission or through another entity  | 
      
      
        | 
           
			 | 
        under the administrative and operational control of the executive  | 
      
      
        | 
           
			 | 
        commissioner. | 
      
      
        | 
           
			 | 
        SECTION 2.02.  Subchapter A, Chapter 531, Government Code,  | 
      
      
        | 
           
			 | 
        is amended by adding Section 531.00552 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.00552.  CONSOLIDATED INTERNAL AUDIT PROGRAM.   | 
      
      
        | 
           
			 | 
        (a)  Notwithstanding Section 2102.005, the commission shall  | 
      
      
        | 
           
			 | 
        operate the internal audit program required under Chapter 2102 for  | 
      
      
        | 
           
			 | 
        the commission and each health and human services agency as a  | 
      
      
        | 
           
			 | 
        consolidated internal audit program. | 
      
      
        | 
           
			 | 
               (b)  For purposes of this section, a reference in Chapter  | 
      
      
        | 
           
			 | 
        2102 to the administrator of a state agency with respect to a health  | 
      
      
        | 
           
			 | 
        and human services agency means the executive commissioner. | 
      
      
        | 
           
			 | 
               SECTION 2.03.  (a)  Subchapter A, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 531.0164 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0164.  HEALTH AND HUMAN SERVICES SYSTEM INTERNET  | 
      
      
        | 
           
			 | 
        WEBSITE COORDINATION.  The commission shall establish a process to  | 
      
      
        | 
           
			 | 
        ensure Internet websites across the health and human services  | 
      
      
        | 
           
			 | 
        system are developed and maintained according to standard criteria  | 
      
      
        | 
           
			 | 
        for uniformity, efficiency, and technical capabilities.  Under the  | 
      
      
        | 
           
			 | 
        process, the commission shall: | 
      
      
        | 
           
			 | 
                     (1)  develop and maintain an inventory of all health  | 
      
      
        | 
           
			 | 
        and human services system Internet websites; | 
      
      
        | 
           
			 | 
                     (2)  on an ongoing basis, evaluate the inventory  | 
      
      
        | 
           
			 | 
        maintained under Subdivision (1) to: | 
      
      
        | 
           
			 | 
                           (A)  determine whether any of the Internet  | 
      
      
        | 
           
			 | 
        websites should be consolidated to improve public access to those  | 
      
      
        | 
           
			 | 
        websites' content; and | 
      
      
        | 
           
			 | 
                           (B)  ensure the Internet websites comply with the  | 
      
      
        | 
           
			 | 
        standard criteria; and | 
      
      
        | 
           
			 | 
                     (3)  if appropriate, consolidate the websites  | 
      
      
        | 
           
			 | 
        identified under Subdivision (2)(A). | 
      
      
        | 
           
			 | 
               (b)  As soon as possible after the effective date of this  | 
      
      
        | 
           
			 | 
        article, the Health and Human Services Commission shall implement  | 
      
      
        | 
           
			 | 
        Section 531.0164, Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               (c)  As soon as possible after a function is transferred in  | 
      
      
        | 
           
			 | 
        accordance with Section 531.0201, 531.02011, or 531.02012,  | 
      
      
        | 
           
			 | 
        Government Code, as added by this Act, the Health and Human Services  | 
      
      
        | 
           
			 | 
        Commission shall, in accordance with Section 531.0164, Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article, ensure that an Internet website  | 
      
      
        | 
           
			 | 
        related to the transferred function is updated, transferred, or  | 
      
      
        | 
           
			 | 
        consolidated to reflect the consolidation mandated by Subchapter  | 
      
      
        | 
           
			 | 
        A-1, Chapter 531, Government Code, as added by this Act. | 
      
      
        | 
           
			 | 
               SECTION 2.04.  (a)  Subchapter A, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 531.0171 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0171.  OFFICE OF OMBUDSMAN.  (a)  The executive  | 
      
      
        | 
           
			 | 
        commissioner shall establish the commission's office of the  | 
      
      
        | 
           
			 | 
        ombudsman with authority and responsibility over the health and  | 
      
      
        | 
           
			 | 
        human services system in performing the following functions: | 
      
      
        | 
           
			 | 
                     (1)  providing dispute resolution services for the  | 
      
      
        | 
           
			 | 
        health and human services system; | 
      
      
        | 
           
			 | 
                     (2)  performing consumer protection and advocacy  | 
      
      
        | 
           
			 | 
        functions related to health and human services, including assisting  | 
      
      
        | 
           
			 | 
        a consumer or other interested person with: | 
      
      
        | 
           
			 | 
                           (A)  raising a matter within the health and human  | 
      
      
        | 
           
			 | 
        services system that the person feels is being ignored; and | 
      
      
        | 
           
			 | 
                           (B)  obtaining information regarding a filed  | 
      
      
        | 
           
			 | 
        complaint; and | 
      
      
        | 
           
			 | 
                     (3)  collecting inquiry and complaint data related to  | 
      
      
        | 
           
			 | 
        the health and human services system. | 
      
      
        | 
           
			 | 
               (b)  The office of the ombudsman does not have the authority  | 
      
      
        | 
           
			 | 
        to provide a separate process for resolving complaints or appeals. | 
      
      
        | 
           
			 | 
               (c)  The executive commissioner shall develop a standard  | 
      
      
        | 
           
			 | 
        process for tracking and reporting received inquiries and  | 
      
      
        | 
           
			 | 
        complaints within the health and human services system.  The  | 
      
      
        | 
           
			 | 
        process must provide for the centralized tracking of inquiries and  | 
      
      
        | 
           
			 | 
        complaints submitted to field, regional, or other local health and  | 
      
      
        | 
           
			 | 
        human services system offices. | 
      
      
        | 
           
			 | 
               (d)  Using the process developed under Subsection (c), the  | 
      
      
        | 
           
			 | 
        office of the ombudsman shall collect inquiry and complaint data  | 
      
      
        | 
           
			 | 
        from all offices, agencies, divisions, and other entities within  | 
      
      
        | 
           
			 | 
        the health and human services system.  To assist with the collection  | 
      
      
        | 
           
			 | 
        of data under this subsection, the office may access any system or  | 
      
      
        | 
           
			 | 
        process for recording inquiries and complaints used or maintained  | 
      
      
        | 
           
			 | 
        within the health and human services system. | 
      
      
        | 
           
			 | 
               (b)  As soon as possible after the effective date of this  | 
      
      
        | 
           
			 | 
        article, the executive commissioner of the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall implement Section 531.0171, Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article. | 
      
      
        | 
           
			 | 
               (c)  Notwithstanding any other provision of state law but  | 
      
      
        | 
           
			 | 
        except as provided by Subsection (d) of this section: | 
      
      
        | 
           
			 | 
                     (1)  each office of an ombudsman established before the  | 
      
      
        | 
           
			 | 
        effective date of this section that performs ombudsman duties for a  | 
      
      
        | 
           
			 | 
        state agency or entity subject to abolition under Section 531.0202,  | 
      
      
        | 
           
			 | 
        Government Code, as added by this Act, is abolished on the date the  | 
      
      
        | 
           
			 | 
        state agency or entity for which the office performs ombudsman  | 
      
      
        | 
           
			 | 
        duties is abolished in accordance with the transition plan under  | 
      
      
        | 
           
			 | 
        Section 531.0204, Government Code, as added by this Act; and | 
      
      
        | 
           
			 | 
                     (2)  each office of an ombudsman established before the  | 
      
      
        | 
           
			 | 
        effective date of this section that performs ombudsman duties for  | 
      
      
        | 
           
			 | 
        the Department of Family and Protective Services or the Department  | 
      
      
        | 
           
			 | 
        of State Health Services is abolished on the date specified in the  | 
      
      
        | 
           
			 | 
        transition plan under Section 531.0204, Government Code, as added  | 
      
      
        | 
           
			 | 
        by this Act. | 
      
      
        | 
           
			 | 
               (d)  The following offices of an ombudsman are not abolished  | 
      
      
        | 
           
			 | 
        under Subsection (c) of this section and continue in existence: | 
      
      
        | 
           
			 | 
                     (1)  the office of independent ombudsman for state  | 
      
      
        | 
           
			 | 
        supported living centers established under Subchapter C, Chapter  | 
      
      
        | 
           
			 | 
        555, Health and Safety Code; | 
      
      
        | 
           
			 | 
                     (2)  the office of the state long-term care ombudsman;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (3)  any other ombudsman office serving all or part of  | 
      
      
        | 
           
			 | 
        the health and human services system that is required by federal  | 
      
      
        | 
           
			 | 
        law. | 
      
      
        | 
           
			 | 
               (e)  The executive commissioner of the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall certify which offices of ombudsman are  | 
      
      
        | 
           
			 | 
        abolished, and which are exempt from abolition, under Subsection  | 
      
      
        | 
           
			 | 
        (d) of this section and shall publish that certification in the  | 
      
      
        | 
           
			 | 
        Texas Register not later than September 1, 2016. | 
      
      
        | 
           
			 | 
               SECTION 2.05.  (a)  Subchapter A, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 531.0192 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0192.  HEALTH AND HUMAN SERVICES SYSTEM HOTLINE AND  | 
      
      
        | 
           
			 | 
        CALL CENTER COORDINATION.  (a)  The commission shall establish a  | 
      
      
        | 
           
			 | 
        process to ensure all health and human services system hotlines and  | 
      
      
        | 
           
			 | 
        call centers are necessary and appropriate.  Under the process, the  | 
      
      
        | 
           
			 | 
        commission shall: | 
      
      
        | 
           
			 | 
                     (1)  develop criteria for use in assessing whether a  | 
      
      
        | 
           
			 | 
        hotline or call center serves an ongoing purpose; | 
      
      
        | 
           
			 | 
                     (2)  develop and maintain an inventory of all system  | 
      
      
        | 
           
			 | 
        hotlines and call centers; | 
      
      
        | 
           
			 | 
                     (3)  use the inventory and assessment criteria  | 
      
      
        | 
           
			 | 
        developed under this subsection to periodically consolidate  | 
      
      
        | 
           
			 | 
        hotlines and call centers along appropriate functional lines; | 
      
      
        | 
           
			 | 
                     (4)  develop an approval process designed to ensure  | 
      
      
        | 
           
			 | 
        that a newly established hotline or call center, including the  | 
      
      
        | 
           
			 | 
        telephone system and contract terms for the hotline or call center,  | 
      
      
        | 
           
			 | 
        meets policies and standards established by the commission; and | 
      
      
        | 
           
			 | 
                     (5)  develop policies and standards for hotlines and  | 
      
      
        | 
           
			 | 
        call centers that include both quality and quantity performance  | 
      
      
        | 
           
			 | 
        measures and benchmarks and may include: | 
      
      
        | 
           
			 | 
                           (A)  client satisfaction with call resolution; | 
      
      
        | 
           
			 | 
                           (B)  accuracy of information provided; | 
      
      
        | 
           
			 | 
                           (C)  the percentage of received calls that are  | 
      
      
        | 
           
			 | 
        answered; | 
      
      
        | 
           
			 | 
                           (D)  the amount of time a caller spends on hold;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                           (E)  call abandonment rates. | 
      
      
        | 
           
			 | 
               (a-1)  In developing policies and standards under Subsection  | 
      
      
        | 
           
			 | 
        (a)(5), the commission may allow varied performance measures and  | 
      
      
        | 
           
			 | 
        benchmarks for a hotline or call center based on factors affecting  | 
      
      
        | 
           
			 | 
        the capacity of the hotline or call center, including factors such  | 
      
      
        | 
           
			 | 
        as staffing levels and funding. | 
      
      
        | 
           
			 | 
               (b)  In consolidating hotlines and call centers under  | 
      
      
        | 
           
			 | 
        Subsection (a)(3), the commission shall seek to maximize the use  | 
      
      
        | 
           
			 | 
        and effectiveness of the commission's 2-1-1 telephone number. | 
      
      
        | 
           
			 | 
               (b)  As soon as possible after the effective date of this  | 
      
      
        | 
           
			 | 
        article, the Health and Human Services Commission shall implement  | 
      
      
        | 
           
			 | 
        Section 531.0192, Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               (c)  Not later than March 1, 2016, the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall complete an initial assessment and  | 
      
      
        | 
           
			 | 
        consolidation of hotlines and call centers, as required by Section  | 
      
      
        | 
           
			 | 
        531.0192, Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               (d)  As soon as possible after a function is transferred in  | 
      
      
        | 
           
			 | 
        accordance with Section 531.0201 or 531.02011, Government Code, as  | 
      
      
        | 
           
			 | 
        added by this Act, the Health and Human Services Commission shall,  | 
      
      
        | 
           
			 | 
        in accordance with Section 531.0192, Government Code, as added by  | 
      
      
        | 
           
			 | 
        this article, ensure a hotline or call center related to the  | 
      
      
        | 
           
			 | 
        transferred function is transferred or consolidated to reflect the  | 
      
      
        | 
           
			 | 
        consolidation mandated by Subchapter A-1, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, as added by this Act. | 
      
      
        | 
           
			 | 
               SECTION 2.06.  Subchapter B, Chapter 531, Government Code,  | 
      
      
        | 
           
			 | 
        is amended by adding Section 531.02731 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.02731.  REPORT OF INFORMATION RESOURCES MANAGER TO  | 
      
      
        | 
           
			 | 
        COMMISSION.  Notwithstanding Section 2054.075(b), the information  | 
      
      
        | 
           
			 | 
        resources manager of a health and human services agency shall  | 
      
      
        | 
           
			 | 
        report directly to the executive commissioner or a deputy executive  | 
      
      
        | 
           
			 | 
        commissioner designated by the executive commissioner. | 
      
      
        | 
           
			 | 
        ARTICLE 3.  FEDERAL AUTHORIZATION AND EFFECTIVE DATE | 
      
      
        | 
           
			 | 
               SECTION 3.01.  If before implementing any provision of this  | 
      
      
        | 
           
			 | 
        Act a state agency determines that a waiver or authorization from a  | 
      
      
        | 
           
			 | 
        federal agency is necessary for implementation of that provision,  | 
      
      
        | 
           
			 | 
        the agency affected by the provision shall request the waiver or  | 
      
      
        | 
           
			 | 
        authorization and may delay implementing that provision until the  | 
      
      
        | 
           
			 | 
        waiver or authorization is granted. | 
      
      
        | 
           
			 | 
               SECTION 3.02.  Except as otherwise provided by this Act,  | 
      
      
        | 
           
			 | 
        this Act takes effect September 1, 2015. | 
      
      
        | 
           
			 | 
         | 
      
      
        | 
           
			 | 
        * * * * * |