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AN ACT
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relating to reports on the consolidation and certain functions of |
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the health and human services system, including advisory committees |
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within the system, and the re-creation of the Texas system of care |
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framework. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.0051(c), Government Code, is amended |
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to read as follows: |
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(c) The council is composed of: |
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(1) the executive commissioner; |
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(2) the director of each division established by the |
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executive commissioner under Section 531.008(c); |
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(3) the commissioner of a health and human services |
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agency; [and] |
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(4) the commissioner of the Department of Family and |
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Protective Services, regardless of whether that agency continues as |
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a state agency separate from the commission; and |
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(5) other individuals appointed by the executive |
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commissioner as the executive commissioner determines necessary. |
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SECTION 2. Sections 531.02031(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) Not later than July 31 [September 1], 2018, the |
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executive commissioner shall conduct a study and submit a report |
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and recommendations [recommendation] to the Health and Human |
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Services Transition Legislative Oversight Committee that include: |
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(1) a recommendation regarding the need to continue |
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the Department of Family and Protective Services as a state agency |
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separate from the commission, unless a determination on the |
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continuation is made before that date; |
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(2) a recommendation regarding the need to continue |
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[and] the Department of State Health Services as a state agency |
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[agencies] separate from the commission; |
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(3) an assessment of the quality and consistency of |
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data sharing, communication, and coordination between the |
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Department of Family and Protective Services and the commission; |
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and |
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(4) an assessment of any known or potential conflicts |
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of interest concerning licensing and regulation activities by the |
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Department of Family and Protective Services or the commission, |
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including the process by which known conflicts of interest are |
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mitigated or managed by those agencies. |
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(b) Not later than December 1, 2018, the Health and Human |
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Services Transition Legislative Oversight Committee shall review |
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the report and recommendations [recommendation] submitted under |
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Subsection (a) and submit a report and recommendations |
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[recommendation] to the legislature that include: |
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(1) a recommendation regarding the need to continue |
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the Department of Family and Protective Services as a state agency |
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separate from the commission, unless a determination on the |
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continuation is made before that date; |
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(2) a recommendation regarding the need to continue |
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[and] the Department of State Health Services as a state agency |
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[agencies] separate from the commission; and |
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(3) an assessment of and any necessary recommendations |
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concerning data sharing, communication, and coordination between |
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the Department of Family and Protective Services and the |
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commission. |
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SECTION 3. Section 531.251, Government Code, is reenacted |
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to read as follows: |
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Sec. 531.251. TEXAS SYSTEM OF CARE FRAMEWORK. (a) In this |
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section: |
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(1) "Minor" means an individual younger than 18 years |
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of age. |
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(2) "Serious emotional disturbance" means a mental, |
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behavioral, or emotional disorder of sufficient duration to result |
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in functional impairment that substantially interferes with or |
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limits a person's role or ability to function in family, school, or |
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community activities. |
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(3) "System of care framework" means a framework for |
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collaboration among state agencies, minors who have a serious |
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emotional disturbance or are at risk of developing a serious |
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emotional disturbance, and the families of those minors that |
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improves access to services and delivers effective community-based |
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services that are family-driven, youth- or young adult-guided, and |
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culturally and linguistically competent. |
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(b) The commission shall implement a system of care |
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framework to develop local mental health systems of care in |
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communities for minors who are receiving residential mental health |
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services and supports or inpatient mental health hospitalization, |
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have or are at risk of developing a serious emotional disturbance, |
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or are at risk of being removed from the minor's home and placed in a |
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more restrictive environment to receive mental health services and |
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supports, including an inpatient mental health hospital, a |
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residential treatment facility, or a facility or program operated |
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by the Department of Family and Protective Services or an agency |
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that is part of the juvenile justice system. |
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(c) The commission shall: |
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(1) maintain a comprehensive plan for the delivery of |
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mental health services and supports to a minor and a minor's family |
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using a system of care framework, including best practices in the |
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financing, administration, governance, and delivery of those |
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services; |
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(2) enter memoranda of understanding with the |
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Department of State Health Services, the Department of Family and |
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Protective Services, the Texas Education Agency, the Texas Juvenile |
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Justice Department, and the Texas Correctional Office on Offenders |
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with Medical or Mental Impairments that specify the roles and |
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responsibilities of each agency in implementing the comprehensive |
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plan described by Subdivision (1); |
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(3) identify appropriate local, state, and federal |
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funding sources to finance infrastructure and mental health |
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services and supports needed to support state and local system of |
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care framework efforts; |
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(4) develop an evaluation system to measure |
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cross-system performance and outcomes of state and local system of |
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care framework efforts; and |
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(5) in implementing the provisions of this section, |
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consult with stakeholders, including: |
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(A) minors who have or are at risk of developing a |
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serious emotional disturbance or young adults who received mental |
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health services and supports as a minor with or at risk of |
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developing a serious emotional disturbance; and |
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(B) family members of those minors or young |
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adults. |
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SECTION 4. Not later than July 31, 2018, the executive |
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commissioner of the Health and Human Services Commission shall |
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submit to the Health and Human Services Transition Legislative |
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Oversight Committee the report required by Section 531.02031(a), |
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Government Code, as amended by this Act. The report must also |
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include: |
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(1) the latest information available on the |
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commission's progress in transferring and consolidating the |
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administrative support services functions of the health and human |
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services system as mandated by Subchapter A-1, Chapter 531, |
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Government Code; and |
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(2) recommendations on: |
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(A) whether to abolish each statutory advisory |
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committee that considers issues related to the health and human |
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services system; and |
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(B) for an advisory committee for which |
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abolishment is recommended, whether to reestablish the advisory |
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committee by rule, consolidate the advisory committee with another |
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advisory committee, or permanently discontinue the advisory |
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committee in any form. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1021 passed the Senate on |
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May 3, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1021 passed the House on |
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May 21, 2017, by the following vote: Yeas 141, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |