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  S.B. No. 1878
 
 
 
 
AN ACT
  relating to the creation and operation of a council to increase
  state efforts to offer service-enriched housing through increased
  coordination of housing and health services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2306, Government Code, is amended by
  adding Subchapter NN to read as follows:
  SUBCHAPTER NN. HOUSING AND HEALTH SERVICES COORDINATION COUNCIL
         Sec. 2306.1091.  DEFINITIONS.  (a)  In this subchapter,
  "council" means the housing and health services coordination
  council.
         (b)  With the advice and assistance of the council, the
  department by rule shall define "service-enriched housing" for the
  purposes of this subchapter.
         Sec. 2306.1092.  COMPOSITION. (a)  The department shall
  establish a housing and health services coordination council.
         (b)  The council is composed of 16 members consisting of:
               (1)  the director;
               (2)  one representative from each of the following
  agencies, appointed by the head of that agency:
                     (A)  the Office of Rural Community Affairs;
                     (B)  the Texas State Affordable Housing
  Corporation;
                     (C)  the Health and Human Services Commission;
                     (D)  the Department of Assistive and
  Rehabilitative Services;
                     (E)  the Department of Aging and Disability
  Services; and
                     (F)  the Department of State Health Services;
               (3)  one representative from the Department of
  Agriculture who is:
                     (A)  knowledgeable about the Texans Feeding
  Texans and Retire in Texas programs or similar programs; and
                     (B)  appointed by the head of that agency;
               (4)  one member who is:
                     (A)  a member of the Health and Human Services
  Commission Promoting Independence Advisory Committee; and
                     (B)  appointed by the governor; and
               (5)  one representative from each of the following
  interest groups, appointed by the governor:
                     (A)  financial institutions;
                     (B)  multifamily housing developers;
                     (C)  health services entities;
                     (D)  nonprofit organizations that advocate for
  affordable housing and consumer-directed long-term services and
  support;
                     (E)  consumers of service-enriched housing;
                     (F)  advocates for minority issues; and
                     (G)  rural communities.
         (c)  A member of the council appointed under Subsection
  (b)(2) must have, subject to the approval of the head of the agency,
  authority to make decisions for and commit resources of the agency
  that the member represents and must have:
               (1)  administrative responsibility for agency programs
  for older adults or persons with disabilities;
               (2)  knowledge or experience regarding the
  implementation of projects that coordinate integrated housing and
  health services; or
               (3)  knowledge or experience regarding services used by
  older adults or persons with disabilities.
         (d)  The director serves as the presiding officer of the
  council.
         Sec. 2306.1093.  TERMS. (a)  A member of the council who
  represents a state agency serves at the pleasure of the head of that
  agency.
         (b)  Members of the council who are appointed by the governor
  serve staggered six-year terms, with the terms of two or three
  members expiring on September 1 of each odd-numbered year.
         Sec. 2306.1094.  OPERATION OF COUNCIL. (a)  The council
  shall meet at least quarterly.
         (b)  The department shall provide clerical and advisory
  support staff to the council.
         (c)  Except as provided by Section 2306.1095, Chapter 2110
  does not apply to the size, composition, or duration of the council.
         Sec. 2306.1095.  COMPENSATION AND REIMBURSEMENT. (a)  A
  member of the council who is appointed by the governor may not
  receive compensation for service on the council. The member may
  receive reimbursement from the department for actual and necessary
  expenses incurred in performing council functions as provided by
  Section 2110.004.
         (b)  A member of the council who is not appointed by the
  governor may not receive compensation for service on the council or
  reimbursement for expenses incurred in performing council
  functions.
         Sec. 2306.1096.  DUTIES; BIENNIAL REPORT. (a)  The council
  shall:
               (1)  develop and implement policies to coordinate and
  increase state efforts to offer service-enriched housing;
               (2)  identify barriers preventing or slowing
  service-enriched housing efforts, including barriers attributable
  to the following factors:
                     (A)  regulatory requirements and limitations;
                     (B)  administrative limitations;
                     (C)  limitations on funding; and
                     (D)  ineffective or limited coordination;
               (3)  develop a system to cross-educate selected staff
  in state housing and health services agencies to increase the
  number of staff with expertise in both areas and to coordinate
  relevant staff activities of those agencies;
               (4)  identify opportunities for state housing and
  health services agencies to provide technical assistance and
  training to local housing and health services entities about:
                     (A)  the cross-education of staff;
                     (B)  coordination among those entities; and
                     (C)  opportunities to increase local efforts to
  create service-enriched housing; and
               (5)  develop suggested performance measures to track
  progress in:
                     (A)  the reduction or elimination of barriers in
  creating service-enriched housing;
                     (B)  increasing the coordination between state
  housing and health services agencies;
                     (C)  increasing the number of state housing and
  health services staff who are cross-educated or who have expertise
  in both housing and health services programs; and
                     (D)  the provision of technical assistance to
  local communities by state housing and health services staff to
  increase the number of service-enriched housing projects.
         (b)  The council shall develop a biennial plan to implement
  the goals described by Subsection (a).
         (c)  Not later than August 1 of each even-numbered year, the
  council shall deliver a report of the council's findings and
  recommendations to the governor and the Legislative Budget Board.
         Sec. 2306.1097.  GIFTS AND GRANTS. The council may solicit
  and accept gifts, grants, and donations for the purposes of this
  subchapter.
         Sec. 2306.1098.  DUTIES OF EMPLOYEES PROVIDING ADVISORY
  SUPPORT TO COUNCIL. Department employees assigned to provide
  advisory support to the council shall:
               (1)  identify sources of funding from this state and
  the federal government that may be used to provide integrated
  housing and health services;
               (2)  determine the requirements and application
  guidelines to obtain those funds;
               (3)  provide training materials that assist the
  development and financing of a service-enriched housing project;
               (4)  provide information regarding:
                     (A)  effective methods to collaborate with
  governmental entities, service providers, and financial
  institutions; and
                     (B)  the use of layered financing to provide and
  finance service-enriched housing;
               (5)  create a financial feasibility model that assists
  in making a preliminary determination of the financial viability of
  proposed service-enriched housing projects, including models that
  allow a person to analyze multiuse projects that facilitate the
  development of projects that will:
                     (A)  address the needs of communities with
  different populations; and
                     (B)  achieve economies of scale required to make
  the projects financially viable;
               (6)  facilitate communication between state agencies,
  sources of funding, service providers, and other entities to reduce
  or eliminate barriers to service-enriched housing projects;
               (7)  provide training about local, state, and federal
  funding sources and the requirements for those sources;
               (8)  develop a database to identify, describe, monitor,
  and track the progress of all service-enriched housing projects
  developed in this state with state or federal financial assistance;
               (9)  conduct a biennial evaluation and include in the
  council's report to the governor and the Legislative Budget Board
  under Section 2306.1096 information regarding:
                     (A)  the capacity of statewide long-term care
  providers; and
                     (B)  interest by housing developers in investing
  in service-enriched housing;
               (10)  to increase the consistency in housing
  regulations, recommend changes to home and community-based
  Medicaid waivers that are up for renewal;
               (11)  research best practices with respect to
  service-enriched housing projects subsidized by other states; and
               (12)  create and maintain a clearinghouse of
  information that contains tools and resources for entities seeking
  to create or finance service-enriched housing projects.
         SECTION 2.  (a)  As soon as possible after the effective
  date of this Act, the governor and the heads of the applicable state
  agencies shall appoint members to the housing and health services
  coordination council in accordance with Subchapter NN, Chapter
  2306, Government Code, as added by this Act.
         (b)  In making initial appointments to the housing and health
  services coordination council, the governor shall appoint two
  members to serve a term expiring September 1, 2011, three members to
  serve a term expiring September 1, 2013, and three members to serve
  a term expiring September 1, 2015.
         SECTION 3.  Not later than September 1, 2010, the housing and
  health services coordination council shall submit the first report
  of the council's findings and recommendations as required by
  Subchapter NN, Chapter 2306, Government Code, as added by this Act.
         SECTION 4.  This Act does not make an appropriation. A
  provision in this Act that creates a new governmental program,
  creates a new entitlement, or imposes a new duty on a governmental
  entity is not mandatory during a fiscal period for which the
  legislature has not made a specific appropriation to implement the
  provision.
         SECTION 5.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1878 passed the Senate on
  April 22, 2009, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendment on May 29, 2009, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1878 passed the House, with
  amendment, on May 18, 2009, by the following vote: Yeas 89,
  Nays 51, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor