88R4072 MLH-D     By: Kolkhorst S.B. No. 2525       A BILL TO BE ENTITLED   AN ACT   relating to creating the Family and Protective Services Board.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  CREATION OF FAMILY AND PROTECTIVE SERVICES BOARD          SECTION 1.01.  Section 40.001, Human Resources Code, is   amended by adding Subdivision (1) to read as follows:                (1)  "Board" means the Family and Protective Services   Board.          SECTION 1.02.  Chapter 40, Human Resources Code, is amended   by adding Subchapters D and E to read as follows:   SUBCHAPTER D.  FAMILY AND PROTECTIVE SERVICES BOARD          Sec. 40.101.  BOARD. (a)  The Family and Protective Services   Board consists of five members appointed by the governor with the   advice and consent of the senate.          (b)  The members shall be appointed to reflect the diverse   geographic regions and population groups of this state.  One member   must reside in a rural area and be a registered voter of a county   with a population of less than 150,000.          (c)  A member of the board may not accept a contribution to a   campaign for election to an elected office.  If a board member   accepts a campaign contribution, the person is considered to have   resigned from the office and the office immediately becomes vacant.     The vacancy shall be filled in the manner provided by law.          (d)  Each member of the board must represent the general   public.          (e)  A person is not eligible to serve as a member of the   board if the person or the person's spouse:                (1)  is employed by or participates in the management   of a business entity or other organization that is regulated by or   receives funds from the department;                (2)  directly or indirectly owns or controls more than   10 percent interest in a business entity or other organization that   is regulated by or receives funds from the department;                (3)  uses or receives a substantial amount of tangible   goods, services, or funds from the department, other than   compensation or reimbursement authorized by law for board   membership, attendance, or expenses; or                (4)  is registered, certified, or licensed by a   regulatory agency in the field of child welfare services.          (f)  A person may not be a member of the board or act as the   general counsel to the board or the department if the person is   required to register as a lobbyist under Chapter 305, Government   Code, because of the person's activities for compensation on behalf   of a profession related to the operation of the department.          (g)  Appointments to the board shall be made without regard   to race, color, disability, sex, religion, age, or national origin   of the appointees and shall reflect the diversity of the population   of the state as a whole.          Sec. 40.102.  TERMS. Members of the board serve staggered   six-year terms, with the terms of either one or two members expiring   February 1 of each odd-numbered year.          Sec. 40.103.  PRESIDING OFFICER. (a)  The governor shall   designate one board member to serve as the presiding officer of the   board.          (b)  The presiding officer shall:                (1)  preside over board meetings, make rulings on   motions and points of order, and determine the order of business;                (2)  represent the department in dealing with the   governor;                (3)  report to the board the governor's suggestions for   department operations;                (4)  create subcommittees, appoint board members to   subcommittees, and receive the reports of subcommittees to the   board as a whole; and                (5)  appoint a board member to act in the presiding   officer's absence.          Sec. 40.104.  BOARD MEETINGS. The board shall hold regular   meetings at least once a month and special meetings at the call of   the presiding officer. Board members shall attend the meetings of   the board.  The presiding officer shall oversee the preparation of   an agenda for each meeting and ensure that a copy is provided to   each board member at least seven days before the meeting.          Sec. 40.105.  COMPENSATION. A member of the board is   entitled to compensation as provided by the General Appropriations   Act.  If compensation for members is not provided by that Act, each   member is entitled to reimbursement for actual and necessary   expenses incurred in performing functions as a member of the board.          Sec. 40.106.  GROUNDS FOR REMOVAL. (a)  It is a ground for   removal from the board if a board member:                (1)  does not have at the time of taking office or   maintain during service on the board the qualifications required by   Section 40.101;                (2)  violates a prohibition provided by Section 40.101;                (3)  cannot discharge the board member's duties for a   substantial part of the term for which the board member is appointed   because of illness or disability; or                (4)  is absent from more than half of the regularly   scheduled board meetings that the board member is eligible to   attend during a calendar year, unless the absence is excused by   majority vote of the board.          (b)  The validity of an action of the board is not affected by   the fact that it is taken when a ground for removal of a board member   exists.          (c)  If the commissioner knows that a potential ground for   removal exists, the commissioner shall notify the presiding officer   of the board of the ground, and the presiding officer shall notify   the governor and the attorney general that a potential ground for   removal exists.  If the potential ground for removal relates to the   presiding officer, the commissioner shall notify another board   member, who shall notify the governor and the attorney general that   a potential ground for removal exists.          Sec. 40.107.  INFORMATION ON QUALIFICATIONS AND CONDUCT.   The department shall provide to the members of the board, as often   as necessary, information concerning the members' qualifications   for office and their responsibilities under applicable laws   relating to standards of conduct for state officers.          Sec. 40.108.  BOARD MEMBER TRAINING. (a)  A person who is   appointed to and qualifies for office as a member of the board may   not vote, deliberate, or be counted as a member in attendance at a   meeting of the board until the person completes a training program   that complies with this section.          (b)  The training program must provide the person with   information regarding:                (1)  the law governing department operations;                (2)  the programs, functions, rules, and budget of the   department;                (3)  the scope of and limitations on the rulemaking   authority of the board;                (4)  the results of the most recent formal audit of the   department;                (5)  the requirements of:                      (A)  laws relating to open meetings, public   information, administrative procedure, and disclosing conflicts of   interest; and                      (B)  other laws applicable to members of the board   in performing their duties; and                (6)  any applicable ethics policies adopted by the   department or the Texas Ethics Commission.          (c)  A person appointed to the board is entitled to   reimbursement, as provided by the General Appropriations Act, for   the travel expenses incurred in attending the training program,   regardless of whether the attendance at the program occurs before   or after the person qualifies for office.          (d)  The commissioner shall create a training manual that   includes the information required by Subsection (b).  The   commissioner shall distribute a copy of the training manual   annually to each member of the board.  On receipt of the training   manual, each member of the board shall sign and submit to the   commissioner a statement acknowledging receipt of the training   manual.   SUBCHAPTER E.  BOARD'S POWERS AND DUTIES          Sec. 40.151.  RULES; RECORDS.  The board shall:                (1)  adopt rules for the operation of the department;   and                (2)  maintain a record of all proceedings and official   orders.          Sec. 40.152.  SEPARATION OF RESPONSIBILITIES. The board   shall develop and implement policies that clearly separate the   policy-making responsibilities of the board and the management   responsibilities of the commissioner and staff of the department.          Sec. 40.153.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE   RESOLUTION PROCEDURES.  (a)  The board shall develop and implement a   policy to encourage the use of:                (1)  negotiated rulemaking procedures under Chapter   2008, Government Code, for the adoption of department rules; and                (2)  appropriate alternative dispute resolution   procedures under Chapter 2009, Government Code, to assist in the   resolution of internal and external disputes under the department's   jurisdiction.          (b)  The department's procedures relating to alternative   dispute resolution must conform, to the extent possible, to any   model guidelines issued by the State Office of Administrative   Hearings for the use of alternative dispute resolution by state   agencies.          (c)  The department shall:                (1)  coordinate the implementation of the policy   adopted under Subsection (a);                (2)  provide training as needed to implement the   procedures for negotiated rulemaking or alternative dispute   resolution; and                (3)  collect data concerning the effectiveness of those   procedures.   ARTICLE 2.  REPEAL OF FAMILY AND PROTECTIVE SERVICES COUNCIL          SECTION 2.01.  Section 531.0012(c), Government Code, is   amended to read as follows:          (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; or                (4)  [the Family and Protective Services Council; or                [(5)] the State Health Services Council.          SECTION 2.02.  Section 40.002(a), Human Resources Code, is   amended to read as follows:          (a)  The Department of Family and Protective Services is   composed of the board [council], the commissioner, an   administrative staff, and other employees necessary to efficiently   carry out the purposes of this chapter.          SECTION 2.03.  Sections 40.045(e) and (i), Human Resources   Code, are amended to read as follows:          (e)  Not later than March 1 of the state fiscal year in which   an efficiency audit is required under this section, the board   [commissioner], in collaboration with the commissioner [council],   the department's chief financial officer, and the department's   internal audit director, shall select an external auditor to   conduct the efficiency audit.          (i)  Not later than November 1 of the calendar year an   efficiency audit is conducted, the auditor shall prepare and submit   a report of the audit and recommendations for efficiency   improvements to the governor, the Legislative Budget Board, the   state auditor, the commissioner, the board [council], and the   chairs of the House Human Services Committee and the Senate Health   and Human Services Committee.          SECTION 2.04.  Section 552.103(c), Health and Safety Code,   is amended to read as follows:          (c)  The inspector general shall submit the annual status   report to the:                (1)  executive commissioner;                (2)  commissioner of state health services;                (3)  commissioner of the Department of Family and   Protective Services;                (4)  State Health Services Council;                (5)  Family and Protective Services Board [Council];                (6)  governor;                (7)  lieutenant governor;                (8)  speaker of the house of representatives;                (9)  standing committees of the senate and house of   representatives with primary jurisdiction over state hospitals;                (10)  state auditor; and                (11)  comptroller.          SECTION 2.05.  The following provisions of the Human   Resources Code are repealed:                (1)  Section 40.001(2-a);                (2)  Section 40.021;                (3)  Section 40.022;                (4)  Section 40.023;                (5)  Section 40.024;                (6)  Section 40.025; and                (7)  Section 40.026.   ARTICLE 3.  CONFORMING CHANGES          SECTION 3.01.  Sections 162.304(b-2) and (g), Family Code,   are amended to read as follows:          (b-2)  The Family and Protective Services Board   [commissioner of the department] shall adopt rules necessary to   implement Subsection (b-1), including rules that:                (1)  limit eligibility for the subsidy under that   subsection to a child whose adoptive family income is less than 300   percent of the federal poverty level;                (2)  provide for the manner in which the department   shall pay the subsidy under that subsection; and                (3)  specify any documentation required to be provided   by an adoptive parent as proof that the subsidy is used to obtain   and maintain health benefits coverage for the adopted child.          (g)  The Family and Protective Services Board [commissioner   of the department] by rule shall provide that the maximum amount of   the subsidy under Subsection (b) that may be paid to an adoptive   parent of a child under an adoption assistance agreement is an   amount that is equal to the amount that would have been paid to the   foster parent of the child, based on the child's foster care service   level on the date the department and the adoptive parent enter into   the adoption assistance agreement.  This subsection applies only to   a child who, based on factors specified in rules of the department,   the department determines would otherwise have been expected to   remain in foster care until the child's 18th birthday and for whom   this state would have made foster care payments for that care.     Factors the department may consider in determining whether a child   is eligible for the amount of the subsidy authorized by this   subsection include the following:                (1)  the child's mental or physical disability, age,   and membership in a sibling group; and                (2)  the number of prior placement disruptions the   child has experienced.          SECTION 3.02.  Section 162.3041(a-1), Family Code, is   amended to read as follows:          (a-1)  Notwithstanding Subsection (a), if the department   first entered into an adoption assistance agreement with a child's   adoptive parents after the child's 16th birthday, the department   shall, in accordance with rules adopted by the Family and   Protective Services Board [commissioner of the department], offer   adoption assistance after the child's 18th birthday to the child's   adoptive parents under an existing adoption agreement until the   last day of the month of the child's 21st birthday, provided the   child is:                (1)  regularly attending high school or enrolled in a   program leading toward a high school diploma or high school   equivalency certificate;                (2)  regularly attending an institution of higher   education or a postsecondary vocational or technical program;                (3)  participating in a program or activity that   promotes, or removes barriers to, employment;                (4)  employed for at least 80 hours a month; or                (5)  incapable of doing any of the activities described   by Subdivisions (1)-(4) due to a documented medical condition.          SECTION 3.03.  Section 263.009(a), Family Code, is amended   to read as follows:          (a)  The department shall hold a permanency planning meeting   for each child for whom the department is appointed temporary   managing conservator in accordance with a schedule adopted by the   Family and Protective Services Board [commissioner of the   department] by rule that is designed to allow the child to exit the   managing conservatorship of the department safely and as soon as   possible and be placed with an appropriate adult caregiver who will   permanently assume legal responsibility for the child.          SECTION 3.04.  Sections 266.001(1-a) and (1-b), Family Code,   are amended to read as follows:                (1-a)  "Board" means the Family and Protective Services   Board.                (1-b)  "Commission" means the Health and Human Services   Commission.                [(1-b)  "Commissioner" means the commissioner of the   Department of Family and Protective Services.]          SECTION 3.05.  Section 266.003(c), Family Code, is amended   to read as follows:          (c)  The board [commissioner] shall adopt rules necessary to   implement this chapter.          SECTION 3.06.  Section 266.006(b), Family Code, is amended   to read as follows:          (b)  The executive commissioner, in collaboration with the   board [commissioner], shall adopt rules specifying the information   required to be included in the passport.  The required information   may include:                (1)  the name and address of each of the child's   physicians and health care providers;                (2)  a record of each visit to a physician or other   health care provider, including routine checkups conducted in   accordance with the Texas Health Steps program;                (3)  an immunization record that may be exchanged with   ImmTrac;                (4)  a list of the child's known health problems and   allergies;                (5)  information on all medications prescribed to the   child in adequate detail to permit refill of prescriptions,   including the disease or condition that the medication treats; and                (6)  any other available health history that physicians   and other health care providers who provide care for the child   determine is important.          SECTION 3.07.  Section 411.114(a)(5), Government Code, is   amended to read as follows:                (5)  The Department of Family and Protective Services   or the Health and Human Services Commission may not use the   authority granted under this section to harass an employee or   volunteer.  The [commissioner of the Department of] Family and   Protective Services Board or the executive commissioner of the   Health and Human Services Commission, as applicable, shall adopt   rules to prevent the harassment of an employee or volunteer through   the request and use of criminal records.          SECTION 3.08.  Section 531.998(b), Government Code, as   amended by S.B. 213, Acts of the 85th Legislature, Regular Session,   2017, is reenacted and 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, and the Family and Protective   Services Board 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 3.09.  Section 40.004, Human Resources Code, is   amended to read as follows:          Sec. 40.004.  PUBLIC INTEREST INFORMATION AND PUBLIC ACCESS.   (a)  The board [commissioner] shall develop and implement policies   that provide the public with a reasonable opportunity to appear   before the board [commissioner] and to speak on any issue under the   jurisdiction of the department.          (b)  The board [commissioner], with the advice of the   commissioner [council], shall prepare information of public   interest describing the functions of the department.  The   commission shall make the information available to the public and   appropriate state agencies.          (c)  [The commissioner shall grant an opportunity for a   public hearing before the council makes recommendations to the   commissioner regarding a substantive rule if a public hearing is   requested by:                [(1)  at least 25 persons;                [(2)  a governmental entity; or                [(3)  an association with at least 25 members.          [(d)]  The board [executive commissioner] shall consider   fully all written and oral submissions about a proposed rule.          SECTION 3.10.  Section 40.0041(f), Human Resources Code, is   amended to read as follows:          (f)  The department shall periodically prepare and deliver   reports to the executive commissioner, [and] the commissioner, and   the board regarding the number, type, and resolution of complaints   made in the state against the department.          SECTION 3.11.  Section 40.027, Human Resources Code, is   amended to read as follows:          Sec. 40.027.  COMMISSIONER. (a)  The board [governor, with   the advice and consent of the senate,] shall appoint a   commissioner.  The commissioner is to be selected according to   education, training, experience, and demonstrated ability.          (b)  The commissioner serves at the will of the board [a term   of two years].          (c)  The commissioner shall:                (1)  act as the department's chief administrative   officer;                (2)  oversee the development and implementation of   policies and guidelines needed for the administration of the   department's functions; and                (3)  [oversee the development of rules relating to the   matters within the department's jurisdiction, including the   delivery of services to persons and the rights and duties of persons   who are served or regulated by the department; and                [(4)]  serve as a liaison between the department and   commission.          (d)  The commissioner shall, as directed by the board,   administer this chapter and other laws relating to the department.          [(e)  Notwithstanding any other law, the commissioner shall   adopt rules and policies for the operation of and the provision of   services by the department.]          SECTION 3.12.  Section 40.030, Human Resources Code, is   amended to read as follows:          Sec. 40.030.  ADVISORY COMMITTEES. (a)  The board   [commissioner] or the board's [commissioner's] designee may appoint   advisory committees in accordance with Chapter 2110, Government   Code.          (b)  The board [commissioner] shall adopt rules, in   compliance with Chapter 2110, Government Code, regarding the   purpose, structure, and use of advisory committees by the   department. The rules may include provisions governing:                (1)  an advisory committee's size and quorum   requirements;                (2)  qualifications for membership of an advisory   committee, including:                      (A)  requirements relating to experience and   geographic representation; and                      (B)  requirements for the department to include as   members of advisory committees youth who have aged out of foster   care and parents who have successfully completed family service   plans and whose children were returned to the parents, as   applicable;                (3)  appointment procedures for an advisory committee;                (4)  terms for advisory committee members; and                (5)  compliance with Chapter 551, Government Code.          SECTION 3.13.  Section 40.042(g), Human Resources Code, as   added by Chapter 1136 (H.B. 249), Acts of the 85th Legislature,   Regular Session, 2017, is amended to read as follows:          (g)  The executive commissioner or the board [commissioner   of the department], as appropriate, may adopt rules to implement   this section.          SECTION 3.14.  Section 40.043, Human Resources Code, is   amended to read as follows:          Sec. 40.043.  CHILD SAFETY AND RUNAWAY PREVENTION   PROCEDURES. The board [commissioner] by rule shall establish the   department's strategy to:                (1)  develop trauma-informed protocols for reducing   the number of incidents in which a child in the conservatorship of   the department runs away from a residential treatment center; and                (2)  balance measures aimed at protecting child safety   with federal and state requirements related to normalcy and   decision making under the reasonable and prudent parent standard   prescribed by 42 U.S.C. Section 675 and Sections 264.001 and   264.125, Family Code.          SECTION 3.15.  Section 40.065(b), Human Resources Code, is   amended to read as follows:          (b)  The department shall develop and implement a   communication plan to ensure statewide public and government   awareness of child abuse or neglect investigated by the department.     The plan shall include information detailing the procedure followed   by the department during the investigation and the responsibilities   of the department in child abuse cases.  In implementing the plan,   the department shall establish a process for expediting the   reporting of child abuse or neglect to the department.  The board   [executive commissioner] shall adopt rules to implement this   subsection.          SECTION 3.16.  Section 40.066(b), Human Resources Code, is   amended to read as follows:          (b)  The memorandum of understanding shall require the chief   administrative law judge, the department, and the board   [commissioner] to cooperate in connection with a contested case   hearing and may authorize the State Office of Administrative   Hearings to perform any administrative act, including the giving of   notice, that is required to be performed by the department or board   [commissioner].          SECTION 3.17.  Section 48.0021, Human Resources Code, is   amended to read as follows:          Sec. 48.0021.  REFERENCE TO COMMISSION OR EXECUTIVE   COMMISSIONER. In this chapter:                (1)  a reference to the Health and Human Services   Commission means the Department of Family and Protective Services;   and                (2)  a reference to the executive commissioner means   the [commissioner of the Department of] Family and Protective   Services Board.          SECTION 3.18.  The following provisions of the Human   Resources Code are repealed:                (1)  Section 40.042(d), as added by Chapter 1136 (H.B.   249), Acts of the 85th Legislature, Regular Session, 2017; and                (2)  Section 40.042(g), as added by Chapter 319 (S.B.   11), Acts of the 85th Legislature, Regular Session, 2017.   ARTICLE 4.  TRANSITION AND EFFECTIVE DATE          SECTION 4.01.  (a) Not later than January 1, 2024, the   governor shall appoint members to the Family and Protective   Services Board as provided by Section 40.101, Human Resources Code,   as added by this Act.          (b)  In appointing the initial members of the Family and   Protective Services Board under Section 40.101, Human Resources   Code, as added by this Act, the governor shall appoint:                (1)  one member for a term expiring February 1, 2025;                (2)  two members for terms expiring February 1, 2027;   and                (3)  two members for terms expiring February 1, 2029.          SECTION 4.02.  Notwithstanding Section 40.108, Human   Resources Code, as added by this Act, a person serving on the Family   and Protective Services Board may vote, deliberate, and be counted   as a member in attendance at a meeting of the board until April 1,   2024.          SECTION 4.03.  This Act takes effect September 1, 2023.