H.B. No. 2292




AN ACT



relating to the provision of health and human services
in this state, including the powers and duties of the
Health and Human Services Commission and other state
agencies; providing penalties.


	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:



ARTICLE 1.  ORGANIZATION OF THE
HEALTH AND HUMAN SERVICES



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ARTICLE 2.  ADMINISTRATION, OPERATION,
AND FINANCING OF



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	SECTION 2.118.  (a)  Subchapter I, Chapter 264, Family
Code, is transferred to Chapter 33, Education Code,
is redesignated as Subchapter E, Chapter 33, Education
Code, and is amended to read as follows:



SUBCHAPTER E [I].
 COMMUNITIES IN SCHOOLS PROGRAM



	Sec. 33.151  [264.751].  DEFINITIONS.
 In this subchapter:


		(1)  "Department" ["Agency"]
means the Department of Protective and Regulatory
Services [Texas Education Agency].


		(2)  "Communities In Schools program" means an exemplary
youth dropout prevention program.


		(3)  "Delinquent conduct" has the meaning assigned by
Section 51.03, Family Code.


		(4)  "Student at risk of dropping out of school" means:


			(A)  a student at risk of dropping out of school
as defined [has the meaning assigned]
by Section 29.081;


			(B)  [, Education Code, or means]
a student who is eligible for a free or reduced lunch;
or


			(C)  a student who is in family conflict or crisis.


	Sec. 33.152 [264.752].  STATEWIDE
OPERATION OF PROGRAM.  It is the intent of the legislature
that the Communities In Schools program operate throughout
this state.  It is also the intent of the legislature
that programs established under Chapter 305, Labor
Code, as that chapter existed on August 31, 1999,
and its predecessor statute, the Texas Unemployment
Compensation Act (Article 5221b-9d, Vernon's Texas
Civil Statutes), and programs established under this
subchapter shall remain eligible to participate in
the Communities In Schools program if funds are available
and if their performance meets the criteria established
by the agency [department]
for renewal of their contracts.


	Sec. 33.153 [264.753].  STATE
DIRECTOR.  The commissioner [executive
director of the department] shall designate
a state director for the Communities In Schools program.


	Sec. 33.154 [264.754].  DUTIES
OF STATE DIRECTOR.  The state director shall:


		(1)  coordinate the efforts of the Communities In Schools
program with other social service organizations and
agencies and with public school personnel to provide
services to students who are at risk of dropping out
of school or engaging in delinquent conduct, including
students who are in family conflict or emotional crisis;


		(2)  set standards for the Communities In Schools program
and establish state performance goals, objectives,
and measures for the program;


		(3)  obtain information to determine accomplishment
of state performance goals, objectives, and measures;


		(4)  promote and market the program in communities in
which the program is not established;


		(5)  help communities that want to participate in the
program establish a local funding base; and


		(6)  provide training and technical assistance for participating
communities and programs.


	Sec. 33.155 [264.755].  DEPARTMENT
[AGENCY] COOPERATION; MEMORANDUM OF
UNDERSTANDING.  (a)  The agency, the department, and
Communities In Schools, Inc. shall work together to
maximize the effectiveness of the Communities In Schools
program.


	(b)  The agency and the department shall develop and
[mutually] agree to a memorandum of
understanding to clearly define the responsibilities
of the agency and of the department under this subchapter.
The memorandum must address:


		(1)  the roles [role] of the
agency and department in encouraging local business
to participate in local Communities In Schools programs;


		(2)  the role of the agency in obtaining information
from participating school districts;


		(3)  the use of federal or state funds available to
the agency or the department for programs of this nature;
 and


		(4)  other areas identified by the agency and the department
that require clarification.


	(c)  The agency and the department shall adopt rules
to implement the memorandum and shall update the memorandum
and rules annually.


	Sec. 33.156 [264.756].  FUNDING;
EXPANSION OF PARTICIPATION.  (a)  The agency
[department] shall develop and implement
an equitable formula for the funding of local Communities
In Schools programs.  The formula may provide for the
reduction of funds annually contributed by the state
to a local program by an amount not more than 50 percent
of the amount contributed by the state for the first
year of the program. The formula must consider the
financial resources of individual communities and school
districts.  Savings accomplished through the implementation
of the formula may be used to extend services to counties
and municipalities currently not served by a local
program or to extend services to counties and municipalities
currently served by an existing local program.


	(b)  Each local Communities In Schools program shall
develop a funding plan which ensures that the level
of services is maintained if state funding is reduced.


	(c)  A local Communities In Schools program may accept
federal funds, state funds, private contributions,
grants, and public and school district funds to support
a campus participating in the program.


	Sec. 33.157 [264.757].  PARTICIPATION
IN PROGRAM.  An elementary or secondary school receiving
funding [designated] under Section
33.156 [264.756] shall participate
in a local Communities In Schools program if the number
of students enrolled in the school who are at risk
of dropping out of school is equal to at least 10 percent
of the number of students in average daily attendance
at the school, as determined by the agency.


	Sec. 33.158 [264.758].  DONATIONS
TO PROGRAM.  (a)  The agency [department]
may accept a donation of services or money or other
property that the agency [department]
determines furthers the lawful objectives of the agency
[department] in connection with the
Communities In Schools program.


	(b)  Each donation, with the name of the donor and the
purpose of the donation, must be reported in the public
records of the agency [department].


	(b)  Section 302.062(g), Labor Code, is amended to read
as follows:


	(g)  Block grant funding under this section does not
apply to:


		(1)  the work and family policies program under Chapter
81;


		(2)  a program under the skills development fund created
under Chapter 303;


		(3)  the job counseling program for displaced homemakers
under Chapter 304;


		(4)  the Communities In Schools program under Subchapter
E [I], Chapter 33 [264],
Education [Family] Code, to
the extent that funds are available to the commission
for that program;


		(5)  the reintegration of offenders program under Chapter
306;


		(6)  apprenticeship programs under Chapter 133, Education
Code;


		(7)  the continuity of care program under Section 501.095,
Government Code;


		(8)  employment programs under Chapter 31, Human Resources
Code;


		(9)  the senior citizens employment program under Chapter
101, Human Resources Code;


		(10)  the programs described by Section 302.021(b)(3);


		(11)  the community service program under the National
and Community Service Act of 1990 (42 U.S.C. Section
12501 et seq.);


		(12)  the trade adjustment assistance program under
Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C.
Section 2271 et seq.);


		(13)  the programs to enhance the employment opportunities
of veterans;  and


		(14)  the functions of the State Occupational Information
Coordinating Committee.


	(c)  On September 1, 2003:


		(1)  all powers, duties, functions, and activities relating
to the Communities In Schools program assigned to or
performed by the Department of Protective and Regulatory
Services immediately before September 1, 2003, are
transferred to the Texas Education Agency;


		(2)  all funds, rights, obligations, and contracts of
the Department of Protective and Regulatory Services
related to the Communities In Schools program are transferred
to the Texas Education Agency for the Communities In
Schools program;


		(3)  all property and records in the custody of the
Department of Protective and Regulatory Services related
to the Communities In Schools program and all funds
appropriated by the legislature for the Communities
In Schools program are transferred to the Texas Education
Agency for the Communities In Schools program; and


		(4)  all employees of the Department of Protective and
Regulatory Services who primarily perform duties related
to the Communities In Schools program become employees
of the Texas Education Agency, to be assigned duties
related to the Communities In Schools program.


	(d)  For the 2003 and 2004 state fiscal years, all full-time
equivalent positions (FTEs) authorized by the General
Appropriations Act for the Communities In Schools program
are transferred to the Texas Education Agency and are
not included in determining the agency's compliance
with any limitation on the number of full-time equivalent
positions (FTEs) imposed by the General Appropriations
Act.


	(e)  A reference in law or administrative rule to the
Department of Protective and Regulatory Services that
relates to the Communities In Schools program means
the Texas Education Agency.  A reference in law or
administrative rule to the executive director of the
Department of Protective and Regulatory Services that
relates to the Communities In Schools program means
the commissioner of education.


	(f)  A rule of the Department of Protective and Regulatory
Services relating to the Communities In Schools program
continues in effect as a rule of the commissioner of
education until superseded by rule of the commissioner
of education.  The secretary of state is authorized
to adopt rules as necessary to expedite the implementation
of this subsection.


	(g)  The transfer of the Communities In Schools program
and associated powers, duties, functions, and activities
under this section does not affect or impair any act
done, any obligation, right, order, license, permit,
rule, criterion, standard, or requirement existing,
any investigation begun, or any penalty accrued under
former law, and that law remains in effect for any
action concerning those matters.


	(h)  An action brought or proceeding commenced before
September 1, 2003, including a contested case or a
remand of any action or proceeding by a reviewing court,
is governed by the law and rules applicable to the
action or proceeding immediately before September 1,
2003.


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	SECTION 2.136.  Section 31.03, Penal Code, is amended
by adding Subsection (j) to read as follows:


	(j)  With the consent of the appropriate local county
or district attorney, the attorney general has concurrent
jurisdiction with that consenting local prosecutor
to prosecute an offense under this section that involves
the state Medicaid program.


	SECTION 2.137.  Section 32.45, Penal Code, is amended
by adding Subsection (d) to read as follows:


	(d)  With the consent of the appropriate local county
or district attorney, the attorney general has concurrent
jurisdiction with that consenting local prosecutor
to prosecute an offense under this section that involves
the state Medicaid program.


	SECTION 2.138.  Section 32.46, Penal Code, is amended
by adding Subsection (e) to read as follows:


	(e)  With the consent of the appropriate local county
or district attorney, the attorney general has concurrent
jurisdiction with that consenting local prosecutor
to prosecute an offense under this section that involves
the state Medicaid program.


	SECTION 2.139.  Section 37.10, Penal Code, is amended
by adding Subsection (i) to read as follows:


	(i)  With the consent of the appropriate local county
or district attorney, the attorney general has concurrent
jurisdiction with that consenting local prosecutor
to prosecute an offense under this section that involves
the state Medicaid program.


	SECTION 2.140.  Section 57.046, Utilities Code, is amended
by adding Subsection (c) to read as follows:


	(c)  In addition to the purposes for which the qualifying
entities account may be used, the board may use money
in the account to award grants to the Health and Human
Services Commission for technology initiatives of the
commission.


	SECTION 2.141.  Articles 59.01(1) and (2), Code of Criminal
Procedure, are amended to read as follows:


		(1)  "Attorney representing the state" means the prosecutor
with felony jurisdiction in the county in which a forfeiture
proceeding is held under this chapter or, in a proceeding
for forfeiture of contraband as defined under Subdivision
(2)(B)(iv) of this article, the city attorney of a
municipality if the property is seized in that municipality
by a peace officer employed by that municipality and
the governing body of the municipality has approved
procedures for the city attorney acting in a forfeiture
proceeding.  In a proceeding for forfeiture of contraband
as defined under Subdivision (2)(B)(vii) of this article,
the term includes the attorney general.


		(2)  "Contraband" means property of any nature, including
real, personal, tangible, or intangible, that is:


			(A)  used in the commission of:


				(i)  any first or second degree felony under the Penal
Code;


				(ii)  any felony under Section 15.031(b), 21.11, 38.04,
43.25, or 43.26 or Chapter 29, 30, 31, 32, 33, 33A,
or 35, Penal Code; or


				(iii)  any felony under The Securities Act (Article
581-1 et seq., Vernon's Texas Civil Statutes);


			(B)  used or intended to be used in the commission of:


				(i)  any felony under Chapter 481, Health and Safety
Code (Texas Controlled Substances Act);


				(ii)  any felony under Chapter 483, Health and Safety
Code;


				(iii)  a felony under Chapter 153, Finance Code;


				(iv)  any felony under Chapter 34, Penal Code;


				(v)  a Class A misdemeanor under Subchapter B, Chapter
365, Health and Safety Code, if the defendant has been
previously convicted twice of an offense under that
subchapter; [or]


				(vi)  any felony under Chapter 152, Finance Code;
or


				(vii)  any felony under Chapter 31, 32, or 37, Penal
Code, that involves the state Medicaid program, or
any felony under Chapter 36, Human Resources Code;


			(C)  the proceeds gained from the commission of a felony
listed in Paragraph (A) or (B) of this subdivision
or a crime of violence; or


			(D)  acquired with proceeds gained from the commission
of a felony listed in Paragraph (A) or (B) of this
subdivision or a crime of violence.


	SECTION 2.142.  Article 59.06, Code of Criminal Procedure,
is amended by adding Subsection (p) to read as follows:


	(p)  Notwithstanding Subsection (a), and to the extent
necessary to protect the commission's ability to recover
amounts wrongfully obtained by the owner of the property
and associated damages and penalties to which the commission
may otherwise be entitled by law, the attorney representing
the state shall transfer to the Health and Human Services
Commission all forfeited property defined as contraband
under Article 59.01(2)(B)(vii).  If the forfeited property
consists of property other than money or negotiable
instruments, the attorney representing the state may,
if approved by the commission, sell the property and
deliver to the commission the proceeds from the sale,
minus costs attributable to the sale.  The sale must
be conducted in a manner that is reasonably expected
to result in receiving the fair market value for the
property.


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	SECTION 2.190.  Subsection (d), Article 49.10, Code
of Criminal Procedure, is amended to read as follows:


	(d)  A justice of the peace may not order a person to
perform an autopsy on the body of a deceased person
whose death was caused by Asiatic cholera, bubonic
plague, typhus fever, or smallpox.  A justice of
the peace may not order a person to perform an autopsy
on the body of a deceased person whose death was caused
by a communicable disease during a public health disaster.


	SECTION 2.191.  Sections 10 and 10a, Article 49.25,
Code of Criminal Procedure, are amended to read as
follows:


	Sec. 10.  DISINTERMENTS AND CREMATIONS.  When a body
upon which an inquest ought to have been held has been
interred, the medical examiner may cause it to be disinterred
for the purpose of holding such inquest.


	Before any body, upon which an inquest is authorized
by the provisions of this Article, can be lawfully
cremated, an autopsy shall be performed thereon as
provided in this Article, or a certificate that no
autopsy was necessary shall be furnished by the medical
examiner.  Before any dead body can be lawfully cremated,
the owner or operator of the crematory shall demand
and be furnished with a certificate, signed by the
medical examiner of the county in which the death occurred
showing that an autopsy was performed on said body
or that no autopsy thereon was necessary.  It shall
be the duty of the medical examiner to determine whether
or not, from all the circumstances surrounding the
death, an autopsy is necessary prior to issuing a certificate
under the provisions of this section.  No autopsy shall
be required by the medical examiner as a prerequisite
to cremation in case death is caused by the pestilential
diseases of Asiatic cholera, bubonic plague, typhus
fever, or smallpox.  All certificates furnished to
the owner or operator of a crematory by any medical
examiner, under the terms of this Article, shall be
preserved by such owner or operator of such crematory
for a period of two years from the date of the cremation
of said body.  A medical examiner is not required
to perform an autopsy on the body of a deceased person
whose death was caused by a communicable disease during
a public health disaster.


	Sec. 10a.  The body of a deceased person shall not be
cremated within 48 [forty-eight]
hours after the time of death as indicated on the regular
death certificate, unless the death certificate indicates
death was caused by the pestilential diseases of Asiatic
cholera, bubonic plague, typhus fever, or smallpox,
or unless the time requirement is waived in writing
by the county medical examiner or, in counties not
having a county medical examiner, a justice of the
peace.  In a public health disaster, the commissioner
of public health may designate other communicable diseases
for which cremation within 48 hours of the time of
death is authorized.


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	SECTION 2.218.  EFFECTIVE DATE.  Except as otherwise
provided by this article, this article takes effect
September 1, 2003.
______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 2292 was passed by the House on April 24, 2003, by the following vote: Yeas 74, Nays 31, 1 present, not voting; that the House refused to concur in Senate amendments to H.B. No. 2292 on May 29, 2003, and requested the appointment of a conference committee to consider the differences between the two houses; and that the House adopted the conference committee report on H.B. No. 2292 on June 1, 2003, by the following vote: Yeas 87, Nays 58, 1 present, not voting; and that the House adopted H.C.R. No. 305 authorizing certain corrections in H.B. No. 2292 on June 2, 2003, by a non-record vote.

______________________________

Chief Clerk of the House

I certify that H.B. No. 2292 was passed by the Senate, with amendments, on May 28, 2003, by a viva-voce vote; at the request of the House, the Senate appointed a conference committee to consider the differences between the two houses; and that the Senate adopted the conference committee report on H.B. No. 2292 on June 1, 2003, by a viva-voce vote; and that the Senate adopted H.C.R. No. 305 authorizing certain corrections in H.B. No. 2292 on June 2, 2003, by a viva-voce vote.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor