85R10956 GCB-F
 
  By: Zaffirini S.B. No. 2077
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of protective services and the conduct of
  certain investigations through the adult protective services
  program of the Department of Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 40.002(b), Human Resources Code, as
  effective September 1, 2017, is amended to read as follows:
         (b)  Except as provided by Section 40.0025, the department
  shall:
               (1)  provide protective services for children and
  elderly persons and persons with disabilities, including
  investigations of alleged abuse, neglect, or exploitation by a
  provider the department has authority to investigate under Section
  48.252 or under Section 261.404, Family Code [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 2.  Section 40.0025(b), Human Resources Code, is
  amended to read as follows:
         (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, including
  investigations conducted by adult protective services under
  Section 48.252 or under Section 261.404, Family Code [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.
         SECTION 3.  Section 531.02011, Government Code, is amended
  to read as follows:
         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, other than regulatory functions of the
  department's adult protective services program involving
  investigations conducted under Section 48.252, Human Resources
  Code, or Section 261.404, Family Code.
         SECTION 4.  Section 531.02013, Government Code, is amended
  to read as follows:
         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, including
  investigations conducted by adult protective services under
  Section 48.252, Human Resources Code, or Section 261.404, Family
  Code [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.
         SECTION 5.  This Act takes effect September 1, 2017.