|  | 
      
        |  | 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. | 
      
        |  |  | 
      
        |  | * * * * * |