S.B. No. 213

	AN ACT
	relating to the office of ombudsman for the Department of Family and
	Protective Services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Subchapter Y, Chapter 531,
	Government Code, is amended to read as follows:
	SUBCHAPTER Y.  OMBUDSMAN FOR THE DEPARTMENT OF FAMILY AND
	PROTECTIVE SERVICES [CHILDREN AND YOUTH IN FOSTER CARE]
	SECTION 2.  Section 531.991(2), Government Code, is amended
	to read as follows:
	(2)  "Ombudsman" means the individual appointed as the
	ombudsman for the Department of Family and Protective Services
	[children and youth in foster care].
	SECTION 3.  The heading to Section 531.992, Government Code,
	is amended to read as follows:
	Sec. 531.992.  OMBUDSMAN FOR THE DEPARTMENT OF FAMILY AND
	PROTECTIVE SERVICES [CHILDREN AND YOUTH IN FOSTER CARE].
	SECTION 4.  Section 531.992, Government Code, is amended by
	amending Subsection (a) and adding Subsection (d) to read as
	follows:
	(a)  The governor [executive commissioner] shall appoint an
	ombudsman for the Department of Family and Protective Services
	[children and youth in foster care] to serve at the will of the
	governor [executive commissioner].
	(d)  The ombudsman may not use the name or any logo of the
	department on any forms or other materials produced and distributed
	by the ombudsman.
	SECTION 5.  Subchapter Y, Chapter 531, Government Code, is
	amended by adding Section 531.9921 to read as follows:
	Sec. 531.9921.  CONFLICT OF INTEREST. A person may not serve
	as ombudsman if the person or the person's spouse:
	(1)  is employed by or participates in the management
	of a business entity or other organization receiving funds from the
	department;
	(2)  owns or controls, directly or indirectly, any
	interest in a business entity or other organization receiving funds
	from the department; or
	(3)  is required to register as a lobbyist under
	Chapter 305 because of the person's activities for compensation on
	behalf of a profession related to the operation of the department.
	SECTION 6.  Section 531.993, Government Code, is amended to
	read as follows:
	Sec. 531.993.  DUTIES OF OMBUDSMAN.  (a)  The ombudsman
	serves as a neutral party in assisting:
	(1)  children and youth in the conservatorship of the
	department with complaints regarding issues within the authority of
	the department or another health and human services agency; and
	(2)  persons with a complaint against the department
	regarding case-specific activities of the programs of the
	department, including adult protective services, child protective
	services, child-care licensing, and statewide intake.
	(b)  The ombudsman shall:
	(1)  develop and implement statewide procedures to:
	(A)  receive complaints from children and youth in
	the conservatorship of the department and other persons with a
	complaint against the department;
	(B)  review complaints filed with the ombudsman
	and take appropriate action, including:
	(i)  conducting an investigation into
	individual complaints that allege violations of department or
	agency procedure or policy or other violations; and
	(ii)  referring to department or agency
	management for resolution any trends or systemic issues identified
	in complaints;
	(C)  provide any necessary assistance to children
	and youth in the conservatorship of the department in making
	complaints and reporting allegations of abuse or neglect to the
	department;
	(D)  maintain the confidentiality of:
	(i)  the ombudsman's communications and
	records;
	(ii)  records of another person that have
	been provided to the ombudsman; and
	(iii)  communications of another person with
	the ombudsman; and
	(E)  ensure that the department and any person or
	a child or youth in the conservatorship of the department who files
	a complaint with the ombudsman are informed of the results of the
	ombudsman's investigation of the complaint, including whether the
	ombudsman was able to substantiate the person's, child's, or youth's
	complaint;
	(2)  collaborate with the department to develop and
	implement an annual outreach plan to promote awareness of the
	ombudsman among the public, children and youth in the
	conservatorship of the department, family members and caretakers of
	those children, and facilities licensed by the department and that
	includes:
	(A)  how the office may be contacted;
	(B)  the purpose of the office; and
	(C)  the services the office provides;
	(3)  issue and file with the department and any
	applicable health and human services agency a report that contains
	the ombudsman's final determination regarding a complaint and any
	recommended corrective actions to be taken as a result of the
	complaint;
	(4)  establish a secure form of communication with any
	individual who files a complaint with the ombudsman; [and]
	(5)  collaborate with the department to identify
	consequences for any retaliatory action related to a complaint
	filed with the ombudsman, in accordance with Section 40.0041(g),
	Human Resources Code; and
	(6)  monitor and evaluate the department's corrective
	actions taken in response to a recommendation by the ombudsman.
	(c)  The ombudsman's final determination in a report
	described by Subsection (b)(3) must include a determination of
	whether there was wrongdoing or negligence by the department or an
	agent of the department or whether the complaint was frivolous and
	without merit.  If the ombudsman determines there was wrongdoing or
	negligence, the ombudsman shall recommend corrective actions to be
	taken by the department.
	(d)  The ombudsman may attend any judicial proceeding
	related to a complaint filed with the office.
	SECTION 7.  Subchapter Y, Chapter 531, Government Code, is
	amended by adding Section 531.9931 to read as follows:
	Sec. 531.9931.  DIVISION OF OMBUDSMAN FOR CHILDREN AND YOUTH
	IN FOSTER CARE. (a)  The division of the ombudsman for children and
	youth in foster care is created within the office of the ombudsman
	for the purpose of:
	(1)  receiving complaints from children and youth in
	the conservatorship of the department as provided under Section
	531.993(a)(1);
	(2)  informing children and youth in the
	conservatorship of the department who file a complaint under this
	subchapter about the result of the ombudsman's investigation of the
	complaint, including whether the ombudsman was able to substantiate
	the child's or youth's complaint; and
	(3)  collaborating with the department to develop an
	outreach plan for children and youth in the conservatorship of the
	department to promote awareness of the ombudsman.
	(b)  If a child or youth in the conservatorship of the
	department contacts the ombudsman by telephone call to report a
	complaint under this subchapter, the call shall be transferred
	directly to a person employed by the division of the ombudsman
	created under this section.
	SECTION 8.  Subchapter Y, Chapter 531, Government Code, is
	amended by adding Section 531.9941 to read as follows:
	Sec. 531.9941.  DISPUTES REGARDING FOSTER CHILDREN. (a)  A
	child-placing agency responsible for a foster child may refer a
	dispute regarding the child's placement or the permanency plan for
	the child to the ombudsman by filing a complaint with the ombudsman.
	(b)  The complaint filed with the ombudsman must include a
	clear explanation of the dispute and the requested remedy.
	(c)  The ombudsman shall notify the court with jurisdiction
	over the child's case of any investigation of a complaint filed
	under this subchapter.
	SECTION 9.  Section 531.997, Government Code, is amended to
	read as follows:
	Sec. 531.997.  RETALIATION PROHIBITED. The department or
	another health and human services agency may not retaliate against
	a department employee, a child or youth in the conservatorship of
	the department, or any other person who in good faith makes a
	complaint to the ombudsman or against any person who cooperates
	with the ombudsman in an investigation.
	SECTION 10.  Section 531.998(b), Government Code, is amended
	to read as follows:
	(b)  The report must be submitted to the governor, the
	lieutenant governor, each standing committee of the legislature
	with jurisdiction over matters involving the department, each
	member of the legislature, the executive commissioner, and the
	commissioner of the department not later than December 1 of each
	year.  On receipt of the report, the department and the commission
	shall make the report publicly available on the department's and
	the commission's Internet websites.
	SECTION 11.  As soon as practicable after the effective date
	of this Act, the commissioner of the Department of Family and
	Protective Services shall:
	(1)  abolish the office of consumer affairs in the
	department; and
	(2)  transfer any department funds and resources
	allocated to the office of consumer affairs to the ombudsman for the
	Department of Family and Protective Services created under
	Subchapter Y, Chapter 531, Government Code, as amended by this Act.
	SECTION 12.  This Act takes effect only if a specific
	appropriation for the implementation of the Act is provided in a
	general appropriations act of the 85th Legislature.
	SECTION 13.  This Act takes effect September 1, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 213 passed the Senate on
	May 4, 2017, by the following vote: Yeas 31, Nays 0; and that the
	Senate concurred in House amendment on May 25, 2017, by the
	following vote: Yeas 30, Nays 1.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 213 passed the House, with
	amendment, on May 19, 2017, by the following vote: Yeas 141,
	Nays 3, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor