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From the 2005 Regular Session of the Texas Legislature

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	S.B. No. 6



AN ACT



relating to protective services
and certain family law matters; providing penalties.


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



ARTICLE
1.  CHILD PROTECTIVE SERVICES



SECTION 1.01.  Section 54.211,
Education Code, is amended to read as follows:


Sec. 54.211.  EXEMPTIONS FOR
STUDENTS IN FOSTER OR OTHER RESIDENTIAL CARE.  (a)
 A student is exempt from the payment of tuition and
fees authorized in this chapter if the student:


(1)  was in foster care or
other residential care under the conservatorship of
the Department of Family and Protective and
Regulatory Services on or after:


(A)  the day preceding the
student's 18th birthday;


(B)  the day of the student's
14th birthday, if the student was also eligible for
adoption on or after that day; or


(C)  the day the student graduated
from high school or received the equivalent of a high
school diploma; and


(2)  enrolls in an institution
of higher education as an undergraduate student not
later than:


(A)  the third anniversary
of the date the student was discharged from the foster
or other residential care, the date the student graduated
from high school, or the date the student received
the equivalent of a high school diploma, whichever
date is earliest; or


(B)  the student's 21st birthday.


(b)  The Texas Education
Agency and the Texas Higher Education Coordinating
Board shall develop outreach programs to ensure that
students in foster or other residential care in grades
9-12 are aware of the availability of the exemption
from the payment of tuition and fees provided by this
section.


SECTION 1.02.  Section 54.2111,
Education Code, is amended to read as follows:


Sec. 54.2111.  EXEMPTIONS
FOR ADOPTED STUDENTS FORMERLY IN FOSTER OR OTHER RESIDENTIAL
CARE.  (a)  A student is exempt from the payment
of tuition and fees authorized by this chapter if the
student:


(1)  was adopted; and


(2)  was the subject of an
adoption assistance agreement under Subchapter D, Chapter
162, Family Code.


(b)  The Texas Education
Agency and the Texas Higher Education Coordinating
Board shall develop outreach programs to ensure that
adopted students in grades 9-12 formerly in foster
or other residential care are aware of the availability
of the exemption from the payment of tuition and fees
provided by this section.


SECTION 1.03.  Section 101.024,
Family Code, is amended to read as follows:


Sec. 101.024.  PARENT.  (a)
 "Parent" means the mother, a man presumed to be the
father, a man legally determined to be the father,
a man who has been adjudicated to be the father by
a court of competent jurisdiction, a man who has acknowledged
his paternity under applicable law, or an adoptive
mother or father.  Except as provided by Subsection
(b), the The term does not include
a parent as to whom the parent-child relationship has
been terminated.


(b)  For purposes of establishing,
determining the terms of, modifying, or enforcing an
order, a reference in this title to a parent includes
a person ordered to pay child support under Section
154.001(a-1) or to provide medical support for a child.


SECTION 1.04.  (a)  Section
107.004, Family Code, is amended to read as follows:


Sec. 107.004.  ADDITIONAL
DUTIES OF ATTORNEY AD LITEM FOR CHILD.  (a)
 Except as otherwise provided by this chapter, the
attorney ad litem appointed for a child shall:


(1)  seek to elicit in a developmentally
appropriate manner the child's expressed objectives
of representation;


(2)  advise the child;


(3)  provide guidance to the
child;


(4)  represent the child's
expressed objectives of representation and follow the
child's expressed objectives of representation during
the course of litigation if the attorney ad litem determines
that the child is competent to understand the nature
of an attorney-client relationship and has formed that
relationship with the attorney ad litem;


(5)  consider the impact on
the child in formulating the attorney ad litem's presentation
of the child's expressed objectives of representation
to the court; and


(6)  become familiar with:


(A)  the American Bar Association's
standards of practice for attorneys who represent children
in abuse and neglect cases; and


(B)  the suggested amendments
to those standards adopted by the National Association
of Counsel for Children.


(b)  An attorney ad litem
appointed for a child in a proceeding under Chapter
262 or 263 shall complete at least three hours of continuing
legal education relating to child advocacy as described
by Subsection (c) as soon as practicable after the
attorney ad litem's appointment.  An attorney ad litem
is not required to comply with this subsection if the
court finds that the attorney ad litem has experience
equivalent to the required education.


(c)  The continuing legal
education required by Subsection (b) must:


(1)  be low-cost and available
to persons throughout this state, including on the
Internet provided through the State Bar of Texas; and


(2)  focus on the duties
of an attorney ad litem in, and the procedures of and
best practices for, a proceeding under Chapter 262
or 263.


(d)  Except as provided
by Subsection (e), an attorney ad litem appointed for
a child in a proceeding under Chapter 262 or 263 shall
meet before each court hearing with:


(1)  the child, if the
child is at least four years of age; or


(2)  the individual with
whom the child ordinarily resides, including the child's
parent, conservator, guardian, caretaker, or custodian,
if the child is younger than four years of age.


(e)  An attorney ad litem
appointed for a child in a proceeding under Chapter
262 or 263 is not required to comply with Subsection
(d) before a hearing if the court finds at that hearing
that the attorney ad litem has shown good cause why
the attorney ad litem's compliance with that subsection
is not feasible or in the best interest of the child.


(b)  The changes in law made
by this section apply only to an attorney ad litem
for a child appointed in a proceeding under Chapter
262 or 263, Family Code, on or after the effective
date of this section.  An attorney ad litem for a child
appointed in a proceeding under Chapter 262 or 263,
Family Code, before the effective date of this section
is governed by the law in effect on the date the attorney
ad litem was appointed, and the former law is continued
in effect for that purpose.


(c)  The State Bar of Texas
shall adopt rules governing the reporting of an attorney
ad litem's timely completion of the continuing legal
education required by Subsection (b), Section 107.004,
Family Code, as added by this section.


SECTION 1.05.  Subchapter
A, Chapter 107, Family Code, is amended by adding Section
107.0045 to read as follows:


Sec. 107.0045.  DISCIPLINE
OF ATTORNEY AD LITEM.  An attorney ad litem who fails
to perform the duties required by Sections 107.003
and 107.004 is subject to disciplinary action under
Subchapter E, Chapter 81, Government Code.


SECTION 1.06.  Section 107.013,
Family Code, is amended by adding Subsection (c) to
read as follows:


(c)  In a suit filed by
a governmental entity requesting temporary managing
conservatorship of a child, the court shall appoint
an attorney ad litem to represent the interests of
an indigent parent of the child who responds in opposition
to the suit.


SECTION 1.07.  Subsection
(c), Section 107.015, Family Code, is amended to read
as follows:


(c)  If indigency of the parents
is shown, an attorney ad litem appointed to represent
a child or parent in a suit filed by a governmental
entity in which termination of the parent-child
relationship is requested shall be paid from
the general funds of the county according to the fee
schedule that applies to an attorney appointed to represent
a child in a suit under Title 3 as provided by Chapter
51.  The court may not award attorney ad litem fees
under this chapter against the state, a state agency,
or a political subdivision of the state except as provided
by this subsection.


SECTION 1.08.  (a)  Section
154.001, Family Code, is amended by adding Subsection
(a-1) to read as follows:


(a-1)  The court may order
each person who is financially able and whose parental
rights have been terminated with respect to a child
in substitute care for whom the department has been
appointed managing conservator to support the child
in the manner specified by the order:


(1)  until the earliest
of:


(A)  the child's adoption;


(B)  the child's 18th birthday
or graduation from  high school, whichever occurs later;


(C)  removal of the child's
disabilities of minority by court order, marriage,
or other operation of law; or


(D)  the child's death;
or


(2)  if the child is disabled
as defined in this chapter, for an indefinite period.


(b)  Section 154.001, Family
Code, as amended by this section, applies only to a
person whose parent-child relationship with respect
to a child is  terminated on or after the effective
date of this section.  A person whose parent-child
relationship is terminated before the effective date
of this section is governed by the law in effect on
the date the parent-child relationship was terminated,
and the former law is continued in effect for that
purpose.


SECTION 1.09.  Section 162.304,
Family Code, is amended by adding Subsection (f) to
read as follows:


(f)  Subject to the availability
of funds, the department shall work with the Health
and Human Services Commission and the federal government
to develop a program to provide medical assistance
under Chapter 32, Human Resources Code, to children
who were in the conservatorship of the department at
the time of adoptive placement and need medical or
rehabilitative care but do not qualify for adoption
assistance.


SECTION 1.10.  Subchapter
B, Chapter 231, Family Code, is amended by adding Section
231.122 to read as follows:


Sec. 231.122.  MONITORING
CHILD SUPPORT CASES; ENFORCEMENT.  The Title IV-D agency
shall monitor each Title IV-D case from the date the
agency begins providing services on the case.  If a
child support obligor in a Title IV-D case becomes
more than 60 days delinquent in paying child support,
the Title IV-D agency shall expedite the commencement
of an action to enforce the child support order.


SECTION 1.11.  Subdivisions
(2) and (4), Section 261.001, Family Code, are amended
to read as follows:


(2)  "Department" means the
Department of Family and Protective and
Regulatory Services.


(4)  "Neglect" includes:


(A)  the leaving of a child
in a situation where the child would be exposed to
a substantial risk of physical or mental harm, without
arranging for necessary care for the child, and the
demonstration of an intent not to return by a parent,
guardian, or managing or possessory conservator of
the child;


(B)  the following acts or
omissions by a person:


(i)  placing a child in or
failing to remove a child from a situation that a reasonable
person would realize requires judgment or actions beyond
the child's level of maturity, physical condition,
or mental abilities and that results in bodily injury
or a substantial risk of immediate harm to the child;


(ii)  failing to seek, obtain,
or follow through with medical care for a child, with
the failure resulting in or presenting a substantial
risk of death, disfigurement, or bodily injury or with
the failure resulting in an observable and material
impairment to the growth, development, or functioning
of the child;


(iii)  the failure to provide
a child with food, clothing, or shelter necessary to
sustain the life or health of the child, excluding
failure caused primarily by financial inability unless
relief services had been offered and refused; or


(iv)  placing a child in or
failing to remove the child from a situation in which
the child would be exposed to a substantial risk of
sexual conduct harmful to the child; or


(v)  placing a child in
or failing to remove the child from a situation in
which the child would be exposed to acts or omissions
that constitute abuse under Subdivision (1)(E), (F),
(G), (H), or (K) committed against another child;
or


(C)  the failure by the person
responsible for a child's care, custody, or welfare
to permit the child to return to the child's home without
arranging for the necessary care for the child after
the child has been absent from the home for any reason,
including having been in residential placement or having
run away.


SECTION 1.12.  Section 261.002,
Family Code, is amended by adding Subsection (c) to
read as follows:


(c)  The department may
enter into agreements with other states to allow for
the exchange of reports of child abuse and neglect
in other states' central registry systems.  The department
shall use information obtained under this subsection
in performing the background checks required under
Section 42.056, Human Resources Code.  The department
shall cooperate with federal agencies and shall provide
information and reports of child abuse and neglect
to the appropriate federal agency that maintains the
national registry for child abuse and neglect, if a
national registry exists.


SECTION 1.13.  The heading
to Section 261.107, Family Code, is amended to read
as follows:


Sec. 261.107.  FALSE REPORT;
CRIMINAL PENALTY; CIVIL PENALTY.


SECTION 1.14.  (a)  Section
261.107, Family Code, is amended by amending Subsection
(a) and adding Subsections (d) and (e) to read as follows:


(a)  A person commits an offense
if, with the intent to deceive, the person knowingly
or intentionally makes a report
as provided in this chapter that the person
knows is false or lacks factual
foundation.  An offense under this subsection
section is a state jail felony
Class A misdemeanor unless it is
shown on the trial of the offense that the person has
previously been convicted under this section, in which
case the offense is a state jail
felony of the third degree.


(d)  The court shall order
a person who is convicted of an offense under Subsection
(a) to pay any reasonable attorney's fees incurred
by the person who was falsely accused of abuse or neglect
in any proceeding relating to the false report.


(e)  A person who engages
in conduct described by Subsection (a) is liable to
the state for a civil penalty of $1,000.  The attorney
general shall bring an action to recover a civil penalty
authorized by this subsection.


(b)  The changes in law made
by Subsection (a), Section 261.107, Family Code, as
amended by this section, and Subsection (d), Section
261.107, Family Code, as added by this section, apply
only to an offense committed on or after the effective
date of this section.  An offense committed before
the effective date of this section is covered by Section
261.107, Family Code, as it existed on the date the
offense was committed, and the former law is continued
in effect for that purpose.  For purposes of this subsection,
an offense is committed before the effective date of
this section if any element of the offense occurs before
that date.


(c)  Subsection (e), Section
261.107, Family Code, as added by this section, applies
only to conduct that occurs on or after the effective
date of this section.  Conduct that occurs before the
effective date of this section is governed by the law
in effect on the date the conduct occurred, and the
former law is continued in effect for that purpose.


SECTION 1.15.  Section 261.201,
Family Code, is amended by adding Subsection (f-1)
to read as follows:


(f-1)  The department shall
provide to a relative or other individual with whom
a child is placed any information the department considers
necessary to ensure that the relative or other individual
is prepared to meet the needs of the child.  The information
required by this subsection may include information
related to any abuse or neglect suffered by the child.


SECTION 1.16.  (a)  Subsections
(a), (d), (f), (g), and (h), Section 261.301, Family
Code, are amended to read as follows:


(a)  With assistance from
the appropriate state or local law enforcement agency
as provided by this section, the department
or designated agency shall make a prompt and thorough
investigation of a report of child abuse or neglect
allegedly committed by a person responsible for a child's
care, custody, or welfare.  The investigation shall
be conducted without regard to any pending suit affecting
the parent-child relationship.


(d)  The department shall
may by rule assign priorities and
prescribe investigative procedures for investigations
based on the severity and immediacy of the alleged
harm to the child.  The primary purpose of the investigation
shall be the protection of the child.  The rules
must require the department, subject to the availability
of funds, to:


(1)  immediately respond
to a report of abuse and neglect that involves circumstances
in which the death of the child or substantial bodily
harm to the child would result unless the department
immediately intervenes;


(2)  respond within 24
hours to a report of abuse and neglect that is assigned
the highest priority, other than a report described
by Subdivision (1); and


(3)  respond within 72
hours to a report of abuse and neglect that is assigned
the second highest priority.


(f)  An investigation of a
report to the department that is assigned
the highest priority in accordance with department
rules adopted under Subsection (d) and that
alleges that a child has been or may be the victim
of conduct that constitutes a criminal offense that
poses an immediate risk of physical or sexual abuse
of a child that could result in the death of or serious
harm to the child shall be conducted jointly by a peace
officer, as defined by Article 2.12, Code of Criminal
Procedure, from the appropriate local law enforcement
agency and the department or the agency responsible
for conducting an investigation under Subchapter E.


(g)  The inability or unwillingness
of a local law enforcement agency to conduct a joint
investigation under this section Subsection
(f) does not constitute grounds to prevent
or prohibit the department from performing its duties
under this subtitle.  The department shall document
any instance in which a law enforcement agency is unable
or unwilling to conduct a joint investigation under
this section Subsection (f).


(h)  The department and the
appropriate local law enforcement agency shall conduct
an investigation, other than an investigation under
Subchapter E, as provided by this section and Article
2.27, Code of Criminal Procedure, if the investigation
is of a report of child abuse or neglect that
is assigned the highest priority in accordance with
department rules adopted under Subsection (d) and
that alleges that a child has been or may be the
victim of conduct that constitutes a criminal offense
that poses an immediate risk of physical or sexual
abuse of a child that could result in the death of
or serious harm to the child.  Immediately on receipt
of a report described by this subsection, the department
shall notify the appropriate local law enforcement
agency of the report.


(b)  The change in law made
by this section to Section 261.301, Family Code, applies
to the investigation of a report of child abuse or
neglect made on or after the effective date of this
section.  The investigation of a report of child abuse
or neglect made before the effective date of this section
is governed by the law in effect on the date the report
was made, and the former law is continued in effect
for that purpose.


(c)  The Department of Family
and Protective Services shall develop and implement
an automated tracking and reporting system that enables
the department to track information on initial contacts
to monitor compliance with the requirements of Subsection
(d), Section 261.301, Family Code, as amended by this
section, relating to the timely response to reports
of abuse and neglect.


(d)  The executive commissioner
of the Health and Human Services Commission shall adopt
the rules as required by Subsection (d), Section 261.301,
Family Code, as amended by this section, not later
than September 1, 2007.


SECTION 1.17.  Subchapter
D, Chapter 261, Family Code, is amended by adding Section
261.3011 to read as follows:


Sec. 261.3011.  JOINT INVESTIGATION
GUIDELINES AND TRAINING.  (a)  The department shall,
in consultation with the appropriate law enforcement
agencies, develop guidelines and protocols for joint
investigations by the department and the law enforcement
agency under Section 261.301.  The guidelines and protocols
must:


(1)  clarify the respective
roles of the department and law enforcement agency
in conducting the investigation;


(2)  require that mutual
child protective services and law enforcement training
and agreements be implemented by both entities to ensure
the integrity and best outcomes of joint investigations;
and


(3)  incorporate the use
of forensic methods in determining the occurrence of
child abuse and neglect.


(b)  The department shall
collaborate with law enforcement agencies to provide
to department investigators and law enforcement officers
responsible for investigating reports of abuse and
neglect joint training relating to methods to effectively
conduct joint investigations under Section 261.301.
 The training must include information on interviewing
techniques, evidence gathering, and testifying in court
for criminal investigations, as well as instruction
on rights provided by the Fourth Amendment to the United
States Constitution.


SECTION 1.18.  Subchapter
D, Chapter 261, Family Code, is amended by adding Section
261.3012 to read as follows:


Sec. 261.3012.  COMPLETION
OF PAPERWORK.  An employee of the department who responds
to a report that is assigned the highest priority in
accordance with department rules adopted under Section
261.301(d) shall identify, to the extent reasonable
under the circumstances, forms and other paperwork
that can be completed by members of the family of the
child who is the subject of the report.  The department
employee shall request the assistance of the child's
family members in completing that documentation but
remains responsible for ensuring that the documentation
is completed in an appropriate manner.


SECTION 1.19.  (a)  Section
261.3015, Family Code, is amended by amending Subsection
(a) and adding Subsection (a-1) to read as follows:


(a)  In assigning priorities
and prescribing investigative procedures based on the
severity and immediacy of the alleged harm to a child
under Section 261.301(d), the department board
by rule shall establish a flexible response
system to allow the department to make the most
effective use of allocate resources
by investigating serious cases of abuse and neglect
and by screening out less serious cases of abuse
and neglect if the department determines, after contacting
a professional or other credible source, that the child's
safety can be assured without further investigation.
 The department may administratively close the less
serious cases without providing services or making
a referral to another entity for assistance providing
assessment and family preservation services in less
serious cases.


(a-1)  For purposes of
Subsection (a), a case is considered to be a less serious
case of abuse or neglect if the circumstances of the
case do not indicate an immediate risk of abuse or
neglect that could result in the death of or serious
harm to the child who is the subject of the case.


(b)  To ensure the safety
of children, the Department of Family and Protective
Services shall use highly skilled caseworkers to perform
the screening functions described by Subsection (a),
Section 261.3015, Family Code, as amended by this section,
and develop standardized policy guidelines, including
accountability measures to monitor closed cases, to
ensure that screening guidelines do not result in the
closing of cases that should not be closed.


SECTION 1.20.  Subchapter
D, Chapter 261, Family Code, is amended by adding Section
261.3016 to read as follows:


Sec. 261.3016.  TRAINING
OF PERSONNEL RECEIVING REPORTS OF ABUSE AND NEGLECT.
 The department shall develop, in cooperation with
local law enforcement officials and the Commission
on State Emergency Communications, a training program
for department personnel who receive reports of abuse
and neglect.  The training program must include information
on:


(1)  the proper methods
of screening reports of abuse and neglect; and


(2)  ways to determine
the seriousness of a report, including determining
whether a report alleges circumstances that could result
in the death of or serious harm to a child or whether
the report is less serious in nature.


SECTION 1.21.  Section 261.302,
Family Code, is amended by adding Subsections (b-1)
and (f) and amending Subsection (e) to read as follows:


(b-1)  Before the department
may transport a child as provided by Subsection (b)(3),
the department shall attempt to notify the parent or
other person having custody of the child of the transport.


(e)  An interview with
a child conducted by the department during the investigation
stage shall be audiotaped or videotaped.  An interview
with a child alleged to be a victim of physical abuse
or sexual abuse conducted by an investigating agency
other than the department shall be audiotaped or
videotaped unless the investigating agency determines
that good cause exists for not audiotaping or videotaping
the interview in accordance with rules of the agency.
 Good cause may include, but is not limited to, such
considerations as the age of the child and the nature
and seriousness of the allegations under investigation.
 Nothing in this subsection shall be construed as prohibiting
the investigating agency from audiotaping or videotaping
an interview of a child on any case for which such
audiotaping or videotaping is not required under this
subsection.  The fact that the investigating agency
failed to audiotape or videotape an interview is admissible
at the trial of the offense that is the subject of
the interview.


(f)  A person commits an
offense if the person is notified of the time of the
transport of a child by the department and the location
from which the transport is initiated and the person
is present at the location when the transport is initiated
and attempts to interfere with the department's investigation.
 An offense under this subsection is a Class B misdemeanor.
 It is an exception to the application of this subsection
that the department requested the person to be present
at the site of the transport.


SECTION 1.22.  Subchapter
D, Chapter 261, Family Code, is amended by adding Sections
261.3021, 261.3022, 261.3023, and 261.3024 to read
as follows:


Sec. 261.3021.  CASEWORK
DOCUMENTATION AND MANAGEMENT.  Subject to the appropriation
of money for these purposes, the department shall:


(1)  identify critical
investigation actions that impact child safety and
require department caseworkers to document those actions
in a child's case file not later than the day after
the action occurs;


(2)  identify and develop
a comprehensive set of casework quality indicators
that must be reported in real time to support timely
management oversight;


(3)  provide department
supervisors with access to casework quality indicators
and train department supervisors on the use of that
information in the daily supervision of caseworkers;


(4)  develop a case tracking
system that notifies department supervisors and management
when a case is not progressing in a timely manner;


(5)  use current data reporting
systems to provide department supervisors and management
with easier access to information; and


(6)  train department supervisors
and management on the use of data to monitor cases
and make decisions.


Sec. 261.3022.  CHILD SAFETY
CHECK ALERT LIST.  (a)  Subject to the availability
of funds, the Department of Public Safety of the State
of Texas shall create a child safety check alert list
as part of the Texas Crime Information Center to help
locate a family for purposes of investigating a report
of child abuse or neglect.


(b)  If the child safety
check alert list is established and the department
is unable to locate a family for purposes of investigating
a report of child abuse or neglect, after the department
has exhausted all means available to the department
for locating the family, the department may seek assistance
under this section from the appropriate county attorney,
district attorney, or criminal district attorney with
responsibility for representing the department as provided
by Section 264.009.


(c)  If the department
requests assistance, the county attorney, district
attorney, or criminal district attorney, as applicable,
may file an application with the court requesting the
issuance of an ex parte order requiring the Texas Crime
Information Center to place the members of the family
the department is attempting to locate on a child safety
check alert list.  The application must include a summary
of:


(1)  the report of child
abuse or neglect the department is attempting to investigate;
and


(2)  the department's efforts
to locate the family.


(d)  If the court determines
after a hearing that the department has exhausted all
means available to the department for locating the
family, the court shall approve the application and
order the appropriate law enforcement agency to notify
the Texas Crime Information Center to place the family
on a child safety check alert list.  The alert list
must include:


(1)  the name of the family
member alleged to have abused or neglected a child
according to the report the department is attempting
to investigate;


(2)  the name of the child
who is the subject of the report;


(3)  a code identifying
the type of child abuse or neglect alleged to have
been committed against the child;


(4)  the family's last
known address; and


(5)  the minimum criteria
for an entry as established by the center.


Sec. 261.3023.  LAW ENFORCEMENT
RESPONSE TO CHILD SAFETY CHECK ALERT.  (a)  If a law
enforcement officer encounters a person listed on the
Texas Crime Information Center's child safety check
alert list who is alleged to have abused or neglected
a child, or encounters a child listed on the alert
list who is the subject of a report of child abuse
or neglect the department is attempting to investigate,
the officer shall request information from the person
or the child regarding the child's well-being and current
residence.


(b)  If the law enforcement
officer determines that the circumstances described
by Section 262.104 exist, the officer may take possession
of the child without a court order as authorized by
that section if the officer is able to locate the child.
 If the circumstances described by Section 262.104
do not exist, the officer shall obtain the child's
current address and any other relevant information
and report that information to the department.


Sec. 261.3024.  REMOVAL
FROM CHILD SAFETY CHECK ALERT LIST.  (a)  A law enforcement
officer who locates a child listed on the Texas Crime
Information Center's child safety check alert list
who is the subject of a report of child abuse or neglect
the department is attempting to investigate and who
reports the child's current address and other relevant
information to the department under Section 261.3023
shall report to the Texas Crime Information Center
that the child has been located.


(b)  If the department
locates a child described by Subsection (a) through
a means other than information reported by a law enforcement
officer under Subsection (a), the department shall
report to the Texas Crime Information Center that the
child has been located.


(c)  On receipt of notice
under this section that a child has been located, the
Texas Crime Information Center shall remove the child
and the child's family from the child safety check
alert list.


SECTION 1.23.  Subchapter
D, Chapter 261, Family Code, is amended by adding Section
261.3031 to read as follows:


Sec. 261.3031.  FAILURE
TO COOPERATE WITH INVESTIGATION; DEPARTMENT RESPONSE.
 If a parent or other person refuses to cooperate with
the department's investigation of the alleged abuse
or neglect of a child and the refusal poses a risk
to the child's safety, the department shall seek assistance
from the appropriate county attorney or district attorney
or criminal district attorney with responsibility for
representing the department as provided by Section
264.009 to obtain a court order as described by Section
261.303.


SECTION 1.24.  Subchapter
D, Chapter 261, Family Code, is amended by adding Section
261.3032 to read as follows:


Sec. 261.3032.  INTERFERENCE
WITH INVESTIGATION; CRIMINAL PENALTY.  (a)  A person
commits an offense if, with the intent to interfere
with the department's investigation of a report of
abuse or neglect of a child, the person relocates the
person's residence, either temporarily or permanently,
without notifying the department of the address of
the person's new residence or conceals the child and
the person's relocation or concealment interferes with
the department's investigation.


(b)  An offense under this
section is a Class B misdemeanor.


(c)  If conduct that constitutes
an offense under this section also constitutes an offense
under any other law, the actor may be prosecuted under
this section or the other law.


SECTION 1.25.  (a)  Section
261.307, Family Code, is amended to read as follows:


Sec. 261.307.  INFORMATION
RELATING TO INVESTIGATION PROCEDURE.  (a)  As
soon as possible after initiating an investigation
of a parent or other person having legal custody of
a child, the department shall provide to the person:


(1)  a brief
and easily understood summary that
of:


(A)  is brief and easily
understood;


(B)  is written in a language
that the person understands, or if the person is illiterate,
is read to the person in a language that the person
understands; and


(C)  contains the following
information:


(i) (1)
 the department's procedures for conducting an investigation
of alleged child abuse or neglect, including:


(a) (A)
 a description of the circumstances under which the
department would request to remove the child from the
home through the judicial system; and


(b) (B)
 an explanation that the law requires the department
to refer all reports of alleged child abuse or neglect
to a law enforcement agency for a separate determination
of whether a criminal violation occurred;


(ii) (2)
 the person's right to file a complaint with the department
or to request a review of the findings made by the
department in the investigation;


(iii) (3)
 the person's right to review all records of the investigation
unless the review would jeopardize an ongoing criminal
investigation or the child's safety;


(iv) (4)
 the person's right to seek legal counsel;


(v) (5)
 references to the statutory and regulatory provisions
governing child abuse and neglect and how the person
may obtain copies of those provisions; and


(vi) (6)
 the process the person may use to acquire access to
the child if the child is removed from the home;


(2)  if the department
determines that removal of the child may be warranted,
a proposed child placement resources form that:


(A)  instructs the parent
or other person having legal custody of the child to:


(i)  complete and return
the form to the department or agency; and


(ii)  identify in the form
three individuals who could be relative caregivers
or designated caregivers, as those terms are defined
by Section 264.751; and


(B)  informs the parent
or other person of a location that is available to
the parent or other person to submit the information
in the form 24 hours a day either in person or by facsimile
machine or e-mail; and


(3)  an informational manual
required by Section 261.3071.


(b)  The child placement
resources form described by Subsection (a)(2) must
include information on the periods of time by which
the department must complete a background check.


(b)  The Department of Family
and Protective Services shall develop the proposed
child placement resources form required to be provided
under Section 261.307, Family Code, as amended by this
section, not later than November 1, 2005.


(c)  The Department of Family
and Protective Services shall provide the proposed
child placement resources form required under Section
261.307, Family Code, as amended by this section, to
the parent or other person having legal custody of
a child who is the subject of an investigation of abuse
or neglect that is commenced on or after November 1,
2005.


SECTION 1.26.  Subchapter
D, Chapter 261, Family Code, is amended by adding Section
261.3071 to read as follows:


Sec. 261.3071.  INFORMATIONAL
MANUALS.  (a)  In this section, "relative caregiver"
and "designated caregiver" have the meanings assigned
those terms by Section 264.751.


(b)  The department shall
develop and publish informational manuals that provide
information for:


(1)  a parent or other
person having custody of a child who is the subject
of an investigation under this chapter; and


(2)  a person who is selected
by the department to be the child's relative or designated
caregiver.


(c)  Information provided
in the manuals must be in both English and Spanish
and must include, as appropriate:


(1)  useful indexes of
information such as telephone numbers;


(2)  the information required
to be provided under Section 261.307(a)(1);


(3)  information describing
the rights and duties of a relative or designated caregiver;
and


(4)  information regarding
the relative and other designated caregiver program
under Subchapter I, Chapter 264.


SECTION 1.27.  Section 261.310,
Family Code, is amended by amending Subsections (a),
(c), and (d) and adding Subsection (e) to read as follows:


(a)  The department shall
by rule develop and adopt voluntary
standards for persons who investigate suspected child
abuse or neglect at the state or local level.  The
standards shall encourage professionalism and consistency
in the investigation of suspected child abuse or neglect.


(c)  The professional training
curriculum developed under this section shall include:


(1)  information concerning:


(A) (1)
 physical abuse and neglect, including distinguishing
physical abuse from ordinary childhood injuries;


(B) (2)
 psychological abuse and neglect;


(C) (3)
 available treatment resources; and


(D) (4)
 the incidence and types of reports of child abuse
and neglect that are received by the investigating
agencies, including information concerning false reports;


(2)  law-enforcement-style
training, including training relating to forensic interviewing
and investigatory techniques and the collection of
physical evidence; and


(3)  training regarding
applicable federal law, including the Adoption and
Safe Families Act of 1997 (Pub. L. No. 105-89) and
the Child Abuse Prevention and Treatment Act (Pub.
L. No. 93-247) and its subsequent amendments by the
Keeping Children and Families Safe Act of 2003 (Pub.
L. No. 108-36).


(d)  The standards shall recommend:


(1)  recommend that
videotaped and audiotaped interviews with
a suspected victim be uninterrupted;


(2)  recommend a maximum
number of interviews with and examinations of a suspected
victim;


(3)  provide procedures
to preserve evidence, including the original recordings
of the intake telephone calls, original notes,
videotapes, and audiotapes, for one year; and


(4)  provide that an
investigator of suspected child abuse or neglect make
a reasonable effort to locate and inform each parent
of a child of any report of abuse or neglect relating
to the child.


(e)  The department, in
conjunction with the Department of Public Safety, shall
provide to the department's residential child-care
facility licensing investigators advanced training
in investigative protocols and techniques.


SECTION 1.28.  Subchapter
D, Chapter 261, Family Code, is amended by adding Section
261.3101 to read as follows:


Sec. 261.3101.  FORENSIC
INVESTIGATION SUPPORT.  The department shall, subject
to the availability of money:


(1)  employ or contract
with medical and law enforcement professionals who
shall be strategically placed throughout the state
to provide forensic investigation support and to assist
caseworkers with assessment decisions and intervention
activities;


(2)  employ or contract
with subject matter experts to serve as consultants
to department caseworkers in all aspects of their duties;
and


(3)  designate persons
who shall act as liaisons within the department whose
primary functions are to develop relationships with
local law enforcement agencies and courts.


SECTION 1.29.  Section 261.3125,
Family Code, is amended to read as follows:


Sec. 261.3125.  CHILD SAFETY
SPECIALISTS INVESTIGATIONS COORDINATOR.
 (a)  The department shall employ in each of the
department's administrative regions region
of the department for child protective services
at least one child safety specialist protective
services investigations coordinator.  The
job responsibilities of the child safety specialist
investigations coordinator must
focus only on child abuse and neglect
investigation issues, including reports of child abuse
required by Section 261.101, to achieve a greater compliance
with that section, and on assessing and improving the
effectiveness of the department in providing for the
protection of children in the region.


(b)  The duties of a child
safety specialist protective services
investigations coordinator must include the
duty to:


(1)  conduct staff reviews
and evaluations of cases determined to involve a high
risk to the health or safety of a child, including
cases of abuse reported under Section 261.101, to
ensure that risk assessment tools are fully and correctly
used;


(2)  review and evaluate
monitor cases in which there have
been multiple referrals to the department of child
abuse or neglect involving the same family, child,
or person alleged to have committed the abuse or neglect;
and


(3)  approve decisions and
assessments related to investigations of cases of child
abuse or neglect that involve a high risk to the health
or safety of a child.


SECTION 1.30.  Subchapter
D, Chapter 261, Family Code, is amended by adding Section
261.3126 to read as follows:


Sec. 261.3126.  COLOCATION
OF INVESTIGATORS.  (a)  In each county, to the extent
possible, the department and the local law enforcement
agencies that investigate child abuse in the county
shall colocate in the same offices investigators from
the department and the law enforcement agencies to
improve the efficiency of child abuse investigations.
 With approval of the local children's advocacy center
and its partner agencies, in each county in which a
children's advocacy center established under Section
264.402 is located, the department shall attempt to
locate investigators from the department and county
and municipal law enforcement agencies at the center.


(b)  A law enforcement
agency is not required to comply with the colocation
requirements of this section if the law enforcement
agency does not have a full-time peace officer solely
assigned to investigate reports of child abuse and
neglect.


(c)  If a county does not
have a children's advocacy center, the department shall
work with the local community to encourage one as provided
by Section 264.402.


SECTION 1.31.  Subchapter
E, Chapter 261, Family Code, is amended by adding Section
261.410 to read as follows:


Sec. 261.410.  REPORT OF
ABUSE BY OTHER CHILDREN.  (a)  In this section:


(1)  "Physical abuse" means:


(A)  physical injury that
results in substantial harm to the child requiring
emergency medical treatment and excluding an accident
or reasonable discipline by a parent, guardian, or
managing or possessory conservator that does not expose
the child to a substantial risk of harm; or


(B)  failure to make a
reasonable effort to prevent an action by another person
that results in physical injury that results in substantial
harm to the child.


(2)  "Sexual abuse" means:


(A)  sexual conduct harmful
to a child's mental, emotional, or physical welfare;
or


(B)  failure to make a
reasonable effort to prevent sexual conduct harmful
to a child.


(b)  An agency that operates,
licenses, certifies, or registers a facility shall
require a residential child-care facility to report
each incident of physical or sexual abuse committed
by a child against another child.


(c)  Using information
received under Subsection (b), the agency that operates,
licenses, certifies, or registers a facility shall,
subject to the availability of funds, compile a report
that includes information:


(1)  regarding the number
of cases of physical and sexual abuse committed by
a child against another child;


(2)  identifying the residential
child-care facility;


(3)  regarding the date
each allegation of abuse was made;


(4)  regarding the date
each investigation was started and concluded;


(5)  regarding the findings
and results of each investigation; and


(6)  regarding the number
of children involved in each incident investigated.


SECTION 1.32.  Subchapter
B, Chapter 262, Family Code, is amended by adding Section
262.1041 to read as follows:


Sec. 262.1041.  RELEASE
OF CHILD BY LAW ENFORCEMENT OR JUVENILE PROBATION OFFICER.
 (a)  A law enforcement or juvenile probation officer
who takes possession of a child under this chapter
may release the child to:


(1)  a child-placing agency
licensed by the Department of Family and Protective
Services under Chapter 42, Human Resources Code, if
the agency is authorized by the department to take
possession of the child;


(2)  the Department of
Family and Protective Services; or


(3)  any other person authorized
by law to take possession of the child.


(b)  A child-placing agency
or other authorized person who takes possession of
a child under this section shall:


(1)  immediately notify
the Department of Family and Protective Services that
the agency or other authorized person has taken possession
of the child; and


(2)  with the assistance
of the law enforcement or juvenile probation officer
who releases the child to the agency or other authorized
person, complete a form prescribed by the Department
of Family and Protective Services that contains basic
information regarding the child and the circumstances
under which the officer took possession of the child
and promptly submit the completed form to the department.


SECTION 1.33.  Subchapter
B, Chapter 262, Family Code, is amended by adding Section
262.114 to read as follows:


Sec. 262.114.  EVALUATION
OF IDENTIFIED RELATIVES AND OTHER DESIGNATED INDIVIDUALS;
PLACEMENT.  (a)  Before a full adversary hearing under
Subchapter C, the Department of Family and Protective
Services must perform a background and criminal history
check of the relatives or other designated individuals
identified as a potential relative or designated caregiver,
as defined by Section 264.751, on the proposed child
placement resources form provided under Section 261.307.
 The department shall evaluate each person listed on
the form to determine the relative or other designated
individual who would be the most appropriate substitute
caregiver for the child and must complete a home study
of the most appropriate substitute caregiver, if any,
before the full adversary hearing. Until the department
identifies a relative or other designated individual
qualified to be a substitute caregiver, the department
must continue to explore substitute caregiver options.
 The time frames in this subsection do not apply to
a relative or other designated individual located in
another state.


(b)  The department may
place a child with a relative or other designated individual
identified on the proposed child placement resources
form if the department determines that the placement
is in the best interest of the child.  The department
may place the child with the relative or designated
individual before conducting the background and criminal
history check or home study required under Subsection
(a).  The department shall provide a copy of an informational
manual required under Section 261.3071 to the relative
or other designated caregiver at the time of the child's
placement.


SECTION 1.34.  (a)  Subsection
(c), Section 262.201, Family Code, is amended to read
as follows:


(c)  If the court finds sufficient
evidence to satisfy a person of ordinary prudence and
caution that there is a continuing danger to the physical
health or safety of the child and for the child to
remain in the home is contrary to the welfare of the
child, the court shall issue an appropriate temporary
order under Chapter 105.  The court shall require each
parent, alleged father, or relative of the child before
the court to submit the proposed child placement
resources form provided under Section 261.307, if the
form has not been previously provided, and provide
the Department of Family and Protective and
Regulatory Services with information necessary
to locate any other absent parent, alleged father,
or relative of the child.  The court shall inform
each parent, alleged father, or relative of the child
before the court that the person's failure to submit
the proposed child placement resources form will not
delay any court proceedings relating to the child.
 The court shall inform each parent in open court that
parental and custodial rights and duties may be subject
to restriction or to termination unless the parent
or parents are willing and able to provide the child
with a safe environment.  If the court finds that the
child requires protection from family violence by a
member of the child's family or household, the court
shall render a protective order under Title 4 for the
child.  In this subsection, "family violence" has the
meaning assigned by Section 71.004.


(b)  The change in law made
by this section to Subsection (c), Section 262.201,
Family Code, applies only to a full adversary hearing
that occurs on or after November 1, 2005.  A full adversary
hearing that occurs before that date is governed by
the law as it existed before amendment by this section,
and the former law is continued in effect for that
purpose.


SECTION 1.35.  Subsection
(b), Section 262.2015, Family Code, is amended to read
as follows:


(b)  The court may find under
Subsection (a) that a parent has subjected the child
to aggravated circumstances if:


(1)  the parent abandoned
the child without identification or a means for identifying
the child;


(2)  the child is a victim
of serious bodily injury or sexual abuse inflicted
by the parent or by another person with the parent's
consent;


(3)  the parent has engaged
in conduct against the child that would constitute
an offense under the following provisions of the Penal
Code:


(A)  Section 19.02 (murder);


(B)  Section 19.03 (capital
murder);


(C)  Section 19.04 (manslaughter);


(D)  Section 21.11 (indecency
with a child);


(E)  Section 22.011 (sexual
assault);


(F)  Section 22.02 (aggravated
assault);


(G)  Section 22.021 (aggravated
sexual assault);


(H)  Section 22.04 (injury
to a child, elderly individual, or disabled individual);


(I)  Section 22.041 (abandoning
or endangering child);


(J)  Section 25.02 (prohibited
sexual conduct);


(K)  Section 43.25 (sexual
performance by a child); or


(L)  Section 43.26 (possession
or promotion of child pornography);


(4)  the parent voluntarily
left the child alone or in the possession of another
person not the parent of the child for at least six
months without expressing an intent to return and without
providing adequate support for the child;


(5)  the parent's parental
rights with regard to another child have been involuntarily
terminated based on a finding that the parent's conduct
violated Section 161.001(1)(D) or (E) or a substantially
equivalent provision of another state's law; or


(6)  the parent has been convicted
for:


(A)  the murder of another
child of the parent and the offense would have been
an offense under 18 U.S.C. Section 1111(a) if the offense
had occurred in the special maritime or territorial
jurisdiction of the United States;


(B)  the voluntary manslaughter
of another child of the parent and the offense would
have been an offense under 18 U.S.C. Section 1112(a)
if the offense had occurred in the special maritime
or territorial jurisdiction of the United States;


(C)  aiding or abetting, attempting,
conspiring, or soliciting an offense under Subdivision
(A) or (B); or 


(D)  the felony assault of
the child or another child of the parent that resulted
in serious bodily injury to the child or another child
of the parent; or


(7)  the parent's parental
rights with regard to two other children have been
involuntarily terminated.


SECTION 1.36.  Subdivision
(1), Subsection (a), Section 263.001, Family Code,
is amended to read as follows:


(1)  "Department" means the
Department of Family and Protective and
Regulatory Services.


SECTION 1.37.  (a)  Section
263.201, Family Code, is amended by adding Subsection
(c) to read as follows:


(c)  The court shall require
each parent, alleged father, or relative of the child
before the court to submit the proposed child placement
resources form provided under Section 261.307 at the
status hearing, if the form has not previously been
submitted.


(b)  The change in law made
by this section to Section 263.201, Family Code, applies
only to a status hearing that occurs on or after November
1, 2005.  A status hearing that occurs before that
date is governed by the law as it existed before amendment
by this section, and the former law is continued in
effect for that purpose.


SECTION 1.38.  (a)  Section
263.102, Family Code, is amended by amending Subsection
(a) and adding Subsections (d) and (e) to read as follows:


(a)  The service plan must:


(1)  be specific;


(2)  be in writing in a
language that the parents understand, or made otherwise
available;


(3)  be prepared by the department
or other agency in conference with the child's parents;


(4)  state appropriate deadlines;


(5)  state whether the goal
of the plan is:


(A)  return of the child to
the child's parents;


(B)  termination of parental
rights and placement of the child for adoption; or


(C)  because of the child's
special needs or exceptional circumstances, continuation
of the child's care out of the child's home;


(6)  state steps that are
necessary to:


(A)  return the child to the
child's home if the placement is in foster care;


(B)  enable the child to remain
in the child's home with the assistance of a service
plan if the placement is in the home under the department's
or other agency's supervision; or


(C)  otherwise provide a permanent
safe placement for the child;


(7)  state the actions and
responsibilities that are necessary for the child's
parents to take to achieve the plan goal during the
period of the service plan and the assistance to be
provided to the parents by the department or other
authorized agency toward meeting that goal;


(8)  state any specific
skills or knowledge that the child's parents must acquire
or learn, as well as any behavioral changes the parents
must exhibit, to achieve the plan goal;


(9)  state the actions
and responsibilities that are necessary for the child's
parents to take to ensure that the child attends school
and maintains or improves the child's academic compliance;


(10)  state the name
of the person with the department or other agency whom
the child's parents may contact for information relating
to the child if other than the person preparing the
plan; and


(11) (9)
 prescribe any other term or condition that the department
or other agency determines to be necessary to the service
plan's success.


(d)  The department or
other authorized entity must write the service plan
in a manner that is clear and understandable to the
parent in order to facilitate the parent's ability
to follow the requirements of the service plan.


(e)  Regardless of whether
the goal stated in a child's service plan as required
under Subsection (a)(5) is to return the child to the
child's parents or to terminate parental rights and
place the child for adoption, the department shall
concurrently provide to the child and the child's family,
as applicable:


(1)  time-limited family
reunification services as defined by 42 U.S.C. Section
629a for a period not to exceed the period within which
the court must render a final order in or dismiss the
suit affecting the parent-child relationship with respect
to the child as provided by Subchapter E; and


(2)  adoption promotion
and support services as defined by 42 U.S.C. Section
629a.


(b)  Subsection (c), Section
263.202, Family Code, is amended to read as follows:


(c)  The court shall advise
the parties that progress under the service plan will
be reviewed at all subsequent hearings, including
a review of whether the parties have acquired or learned
any specific skills or knowledge stated in the service
plan.


(c)  The changes in law made
by Section 263.102 and Subsection (c), Section 263.202,
Family Code, as amended by this section, apply only
to a child placed in the custody of the Department
of Family and Protective Services on or after the effective
date of this section.  A child placed in the custody
of the department before the effective date of this
section is governed by the law in effect on the date
the child was placed in the department's custody, and
the former law is continued in effect for that purpose.


SECTION 1.39.  Section 263.202,
Family Code, is amended by amending Subsection (b)
and adding Subsection (e) to read as follows:


(b)  Except as provided
by Subsection (e), a A status
hearing shall be limited to matters related to the
contents and execution of the service plan filed with
the court.  The court shall review the service plan
that the department or other agency filed under this
chapter for reasonableness, accuracy, and compliance
with requirements of court orders and make findings
as to whether:


(1)  a plan that has the goal
of returning the child to the child's parents adequately
ensures that reasonable efforts are made to enable
the child's parents to provide a safe environment for
the child; and


(2)  the child's parents have
reviewed and understand the service plan and have been
advised that unless the parents are willing and able
to provide the child with a safe environment, even
with the assistance of a service plan, within the reasonable
period of time specified in the plan, the parents'
parental and custodial duties and rights may be subject
to restriction or to termination under this code or
the child may not be returned to the parents.


(e)  At the status hearing,
the court shall make a finding as to whether the court
has identified the individual who has the right to
consent for the child under Section 266.003.


SECTION 1.40.  Subsection
(b), Section 263.401, Family Code, is amended to read
as follows:


(b)  The court may not
retain the suit on the court's docket after the
time described by Subsection (a) unless the court finds
that extraordinary circumstances necessitate the child
remaining in the temporary managing conservatorship
of the department and that continuing the appointment
of the department as temporary managing conservator
is in the best interest of the child.  If the court
makes those findings, the court may retain the
suit on the court's docket for a period not to exceed
180 days after the time described by Subsection (a),
if the court finds that continuing the appointment
of the department as temporary managing conservator
is in the best interest of the child.  If
the court retains the suit on the court's docket, the
court shall render an order in which the court:


(1)  schedules the new date
for dismissal of the suit not later than the 180th
day after the time described by Subsection (a);


(2)  makes further temporary
orders for the safety and welfare of the child as necessary
to avoid further delay in resolving the suit; and


(3)  sets a final hearing
on a date that allows the court to render a final order
before the required date for dismissal of the suit
under this subsection.


SECTION 1.41.  (a)  Subsection
(c), Section 263.502, Family Code, is amended to read
as follows:


(c)  The placement review
report must:


(1)  evaluate whether the
child's current placement is appropriate for meeting
the child's needs;


(2)  evaluate whether efforts
have been made to ensure placement of the child in
the least restrictive environment consistent with the
best interest and special needs of the child if the
child is placed in institutional care;


(3)  contain a discharge
plan for a child who is at least 16 years of age that
identifies identify the services
and specific tasks that are needed to assist
the a child who
is at least 16 years of age in making the
transition from substitute care to adult independent
living and describes the services that are available
through the Preparation for Adult Living Program operated
by the department if the services are
available in the community;


(4)  evaluate whether the
child's current educational placement is appropriate
for meeting the child's academic needs;


(5)  identify other
plans or services that are needed to meet the child's
special needs or circumstances; and


(6) (5)
 describe the efforts of the department or authorized
agency to place the child for adoption if parental
rights to the child have been terminated and the child
is eligible for adoption, including efforts to provide
adoption promotion and support services as defined
by 42 U.S.C. Section 629a and other efforts consistent
with the federal Adoption and Safe Families Act of
1997 (Pub. L. No. 105-89).


(b)  In implementing the provisions
of Subdivision (3), Subsection (c), Section 263.502,
Family Code, as amended by this section, the Department
of Family and Protective Services shall, to the extent
that funding is appropriated for this purpose, contract
with outside entities to assist in the discharge planning
process.


SECTION 1.42.  Section 264.001,
Family Code, is amended to read as follows:


Sec. 264.001.  DEFINITIONS
DEFINITION.  In this chapter:


(1)  "Department",
"department" means the Department of Family
and Protective and Regulatory
Services.


(2)  "Commission" means
the Health and Human Services Commission.


(3)  "Executive commissioner"
means the executive commissioner of the Health and
Human Services Commission.


(4)  "Residential child-care
facility" has the meaning assigned by Section 42.002,
Human Resources Code.


SECTION 1.43.  Subchapter
A, Chapter 264, Family Code, is amended by adding Section
264.0091 to read as follows:


Sec. 264.0091.  USE OF
TELECONFERENCING AND VIDEOCONFERENCING TECHNOLOGY.
 Subject to the availability of funds, the department,
in cooperation with district and county courts, shall
expand the use of teleconferencing and videoconferencing
to facilitate participation by medical experts and
other individuals in court proceedings.


SECTION 1.44.  Subchapter
A, Chapter 264, Family Code, is amended by adding Section
264.013 to read as follows:


Sec. 264.013.  EXCHANGE
OF INFORMATION WITH OTHER STATES.  Subject to the availability
of funds, the department shall enter into agreements
with other states to allow for the exchange of information
relating to a child for whom the department is or was
the managing conservator.  The information may include
the child's health passport and education passport.


SECTION 1.45.  Section 264.101,
Family Code, is amended by adding Subsection (d-1)
to read as follows:


(d-1)  The executive commissioner
may adopt rules that prescribe the maximum amount of
state money that a residential child-care facility
may spend on nondirect residential services, including
administrative services.  The commission shall recover
the money that exceeds the maximum amount established
under this subsection.


SECTION 1.46.  Section 264.106,
Family Code, is amended to read as follows:


Sec. 264.106.  REQUIRED
CONTRACTS FOR SUBSTITUTE CARE AND CASE MANAGEMENT
SERVICES.  (a)  In this section:


(1)  "Case management services"
means the provision of case management services to
a child for whom the department has been appointed
temporary or permanent managing conservator, including
caseworker-child visits, family visits, the convening
of family group conferences, the development and revision
of the case plan, the coordination and monitoring of
services needed by the child and family, and the assumption
of court-related duties, including preparing court
reports, attending judicial hearings and permanency
hearings, and ensuring that the child is progressing
toward permanency within state and federal mandates.


(2)  "Independent administrator"
means an independent agency selected through a competitive
procurement process to:


(A)  secure, coordinate,
and manage substitute care services and case management
services in a geographically designated area of the
state; and


(B)  ensure continuity
of care for a child referred to the administrator by
the department and the child's family from the day
a child enters the child protective services system
until the child leaves the system.


(3)  "Permanency services"
means services, other than family-based safety services,
provided to secure a child's safety, permanency, and
well-being, including substitute care services, family
reunification services, adoption and postadoption services,
preparation for adult living services, and case management
services.


(4)  "Substitute care provider"
means a child-care institution or a child-placing agency,
as defined by Section 42.002, Human Resources Code.


(5)  "Substitute care services"
means services provided to or for children in substitute
care and their families, including the recruitment,
training, and management of foster parents, the recruitment
of adoptive families, and the facilitation of the adoption
process, family preservation, independent living, emergency
shelter, residential group care, foster care, therapeutic
foster care, and post-placement supervision, including
relative placement.  The term does not include the
regulation of facilities under Subchapter C, Chapter
42, Human Resources Code.


(b)  The department
shall, in accordance with Section 45.004, Human
Resources Code:


(1)  assess the need for substitute
care and case management services throughout
the state; and


(2)  either contract
directly with private agencies as part of
regional community-centered networks for the provision
of all necessary substitute care and case management
substitute care providers only to the extent
necessary to meet the need for those services
or use an independent administrator to contract
for those services;


(3)  contract with an independent
administrator, if cost beneficial, to coordinate and
manage all services needed for children in the temporary
or permanent managing conservatorship of the department
in a designated geographic area;


(4)  monitor the quality
of services for which the department and each independent
administrator contract under this section; and


(5)  ensure that the services
are provided in accordance with federal law and the
laws of this state, including department rules and
rules of the Department of State Health Services and
the Texas Commission on Environmental Quality.


(c)  An independent administrator
may not:


(1)  directly provide substitute
care services; or


(2)  be governed by a board
that has a member who has a financial interest in a
substitute care or case management provider with whom
the independent administrator subcontracts.


(d)  Administrative services
to be provided by an independent administrator include:


(1)  recruiting and subcontracting
with community-based substitute care and case management
providers to ensure a full array of services in defined
geographic areas;


(2)  managing placements
and making referrals for placement based on department-approved
protocols;


(3)  monitoring services
delivered by subcontractors;


(4)  providing training
and technical assistance to contract providers;


(5)  maintaining data systems
that support tracking and reporting key performance
and outcome data; and


(6)  ensuring accountability
for achieving defined client and system outcomes.


(e) (b)  Before
contracting with a substitute care provider, the department
shall determine whether:


(1)  community resources
are available to support children placed under the
provider's care; and


(2)  the appropriate
public school district has sufficient resources to
support children placed under the provider's care if
the children will attend public school.


(c)  In
addition to the requirements of Section 40.058(b),
Human Resources Code, a contract with an independent
administrator a substitute care provider
must include provisions that:


(1)  enable the department
to monitor the effectiveness of the provider's
services; and


(2)  specify performance
outcomes;


(3)  authorize the
department to terminate the contract or impose sanctions
for a violation of a provision of the contract that
specifies performance criteria;


(4)  ensure that an independent
administrator may not refuse to accept a client who
is referred for services or reject a client who is
receiving services unless the department has reviewed
the independent administrator's decision and approved
the decision in writing;


(5)  authorize the department,
an agent of the department, and the state auditor to
inspect all books, records, and files maintained by
an independent administrator relating to the contract;
and


(6)  the department determines
are necessary to ensure accountability for the delivery
of services and for the expenditure of public funds.


(f)  A contract with an
independent administrator for substitute care and case
management services under Subsection (b)(2) must include
department-approved provisions that:


(1)  enable the independent
administrator and the department to:


(A)  monitor the effectiveness
of substitute care and case management services; and


(B)  specify performance
standards and authorize termination of the contract
for cause;


(2)  describe how performance
is linked to reimbursement amounts or schedules to
provide incentives for desired results;


(3)  require all independent
administrators and private contractors to disclose
to the department any information that may indicate
an actual or potential conflict of interest with the
commission, the department, or another health and human
services agency, including information regarding actual
or potential related-party transactions, relationships,
interests, or business history, and any other factor
that may indicate an actual or potential conflict of
interest;


(4)  authorize the independent
administrator, an agent of the independent administrator,
the department, an agent of the department, and the
state auditor to inspect all books, records, and files
maintained by a contractor relating to the contract;
and


(5)  the department determines
are necessary to ensure accountability for the delivery
of services and for the expenditure of public funds.


(g) (d)
 In determining whether to contract with a substitute
care provider or an independent administrator,
the department shall consider the provider's or
administrator's performance under any previous
contract for substitute care services
between the department and the provider or administrator.


(h)  A contract under this
section does not affect the rights and duties of the
department in the department's capacity as the temporary
or permanent managing conservator of a child.


(i)  Except as provided
by Subsections (j) and (k) and notwithstanding any
other law, on and after September 1, 2011, the department
may not directly provide substitute care and case management
services for children for whom the department has been
appointed temporary or permanent managing conservator.


(j)  On and after September
1, 2011, the department may provide substitute care
and case management services in an emergency.  The
executive commissioner shall adopt rules describing
the circumstances in which the department may provide
those services.


(k)  The department may
provide substitute care and case management services
as a provider of last resort in any region of the state
in which the department or an independent administrator
contracting with the department is unable to contract
with a private agency to provide those services


(e)  In this section,
"substitute care provider" means a person who provides
residential care for children for 24 hours a day, including:


(1)  a child-care
institution, as defined by Section 42.002, Human Resources
Code;


(2)  a child-placing
agency, as defined by Section 42.002, Human Resources
Code;


(3)  a foster group
home or foster family home, as defined by Section 42.002,
Human Resources Code; and


(4)  an agency group
home or agency home, as defined by Section 42.002,
Human Resources Code, other than an agency group home,
agency home, or a foster home verified or certified
by the department.


SECTION 1.47.  Subchapter
B, Chapter 264, Family Code, is amended by adding Sections
264.1062 and 264.1063 to read as follows:


Sec. 264.1062.  EVALUATION
OF INDEPENDENT ADMINISTRATORS.  The department shall
develop and implement a comprehensive multidisciplinary
team to monitor and evaluate the performance of independent
administrators.  The team must consist of specialized
staff who can enable the department to measure critical
dimensions of community-based organization performance,
obtained through the quality assurance functions of
the independent administrator, including:


(1)  achievement of client
and system outcomes;


(2)  compliance with contractual
terms and conditions; and


(3)  any history of the
community-based organization's noncompliance with the
department's licensing standards.


Sec. 264.1063.  MONITORING
PERFORMANCE OF SUBSTITUTE CARE AND CASE MANAGEMENT
PROVIDERS.  (a)  The department, in consultation with
private entities under contract with either an independent
administrator or the department to provide substitute
care or case management services, shall establish a
quality assurance program that uses comprehensive,
multitiered assurance and improvement systems based,
subject to the availability of funds, on real-time
data to evaluate performance.


(b)  The contract performance
outcomes specified in a contract under Section 264.106
must be consistent with the fiscal goals of privatizing
substitute care and case management services and must
be within the contractor's authority to deliver.  The
contract must clearly define the manner in which the
substitute care or case management provider's performance
will be measured and identify the information sources
the department and, if applicable, the independent
administrator will use to evaluate the performance.


SECTION 1.48.  Section 264.107,
Family Code, is amended by adding Subsections (c) through
(f) to read as follows:


(c)  The contract between
the department and an independent administrator or
other authorized entity must require, not later than
September 1, 2009, the use of real-time technology
in the independent administrator's or other authorized
entity's placement system to screen possible placement
options for a child and match the child's needs with
the most qualified providers with vacancies.


(d)  The department shall
institute a quality assurance system in monitoring
the independent administrators or other authorized
entities to ensure that placement decisions are reliable
and are made in a consistent manner.


(e)  In making placement
decisions, an independent administrator or other authorized
entity shall use clinical protocols to match a child
to the most appropriate placement resource.


(f)  The department may
create a regional advisory council in a region to assist
the department and independent administrator or other
authorized entity in:


(1)  assessing the need
for resources in the region; and


(2)  locating substitute
care services in the region for hard-to-place children.


SECTION 1.49.  Section 264.1075,
Family Code, is amended to read as follows:


Sec. 264.1075.  ASSESSING
NEEDS OF CHILD USE OF ASSESSMENT SERVICES.
 (a)  On removing a child from the child's home
Before placing a child in substitute care,
the department shall use assessment services provided
by a child-care facility, a or
child-placing agency, or the child's medical home
during the initial substitute care placement.  The
assessment may be used in accordance with
Section 42.0425, Human Resources Code, to
determine the most appropriate substitute care
placement for the child, if needed.


(b)  As soon as possible
after a child begins receiving foster care under this
subchapter, the department shall assess whether the
child has a developmental disability or mental retardation.
 The commission shall establish the procedures that
the department must use in making an assessment under
this subsection.  The procedures may include screening
or participation by:


(1)  a person who has experience
in childhood developmental disabilities or mental retardation;


(2)  a local mental retardation
authority; or


(3)  a provider in a county
with a local child welfare board.


SECTION 1.50.  (a)  Subchapter
B, Chapter 264, Family Code, is amended by adding Sections
264.116, 264.117, and 264.118 to read as follows:


Sec. 264.116.  TEXAS FOSTER
GRANDPARENT MENTORS.  (a)  The department shall make
the active recruitment and inclusion of senior citizens
a priority in ongoing mentoring initiatives.


(b)  An individual who
volunteers as a mentor is subject to state and national
criminal background checks in accordance with Sections
411.087 and 411.114, Government Code.


(c)  The department shall
require foster parents or employees of residential
child-care facilities to provide appropriate supervision
over individuals who serve as mentors during their
participation in the mentoring initiative.


(d)  Chapter 2109, Government
Code, applies to the mentoring initiative described
by this section.


Sec. 264.117.  NOTICE TO
ATTORNEY AD LITEM.  (a)  The department shall notify
the attorney ad litem for a child in the conservatorship
of the department about each event involving the child
that the department reports in the child's case file.


(b)  The department shall
give a child's attorney ad litem written notice at
least 48 hours before the date the department changes
the child's residential care provider.  The department
may change the child's residential care provider without
notice if the department determines that an immediate
change is necessary to protect the child.


Sec. 264.118.  ANNUAL SURVEY.
 (a)  The department shall conduct an annual random
survey of a sample of children from each region of
the state who are at least 14 years of age and who
receive substitute care services.  The survey must
include questions regarding:


(1)  the quality of the
substitute care services provided to the child;


(2)  any improvements that
could be made to better support the child; and


(3)  any other factor that
the department considers relevant to enable the department
to identify potential program enhancements.


(b)  The identity of each
child participating in a department survey is confidential
and not subject to public disclosure under Chapter
552, Government Code.  The department shall adopt procedures
to ensure that the identity of each child participating
in a department survey remains confidential.


(b)  The Department of Family
and Protective Services shall implement the provisions
of Section 264.116, Family Code, as added by this section,
not later than June 1, 2006.


SECTION 1.51.  Subchapter
B, Chapter 264, Family Code, is amended by adding Section
264.121 to read as follows:


Sec. 264.121.  PREPARATION
FOR ADULT LIVING PROGRAM.  (a)  The department shall
address the unique challenges facing foster children
in the conservatorship of the department who must transition
to independent living by:


(1)  expanding efforts
to improve discharge planning and increasing the availability
of transitional family group decision-making to all
youth age 16 or older in the department's permanent
managing conservatorship;


(2)  coordinating with
the Health and Human Services Commission to obtain
authority, to the extent allowed by federal law, the
state Medicaid plan, the Title IV-E state plan, and
any waiver or amendment to either plan, necessary to:


(A)  extend foster care
eligibility and transition services for youth up to
age 21 and develop policy to permit eligible youth
to return to foster care as necessary to achieve the
goals of the Preparation for Adult Living Program;
and


(B)  extend Medicaid coverage
for foster care youth and former foster care youth
up to age 21 with a single application at the time
the youth leaves foster care; and


(3)  entering into cooperative
agreements with the Texas Workforce Commission and
local workforce development boards to further the objectives
of the Preparation for Adult Living Program.  The department,
the Texas Workforce Commission, and the local workforce
development boards shall ensure that services are prioritized
and targeted to meet the needs of foster care and former
foster care children and that such services will include,
where feasible, referrals for short-term stays for
youth needing housing.


(b)  In this section "local
workforce development board" means a local workforce
development board created under Chapter 2308, Government
Code.


SECTION 1.52.  Subchapter
C, Chapter 264, Family Code, is amended by adding Section
264.2015 to read as follows:


Sec. 264.2015.  FAMILY
GROUP CONFERENCING.  The department may collaborate
with the courts and other appropriate local entities
to develop and implement family group conferencing
as a strategy for promoting family preservation and
permanency for children.


SECTION 1.53.  Subchapter
C, Chapter 264, Family Code, is amended by adding Section
264.204 to read as follows:


Sec. 264.204.  COMMUNITY-BASED
FAMILY SERVICES.  (a)  The department shall administer
a grant program to provide funding to community organizations,
including faith-based or county organizations, to respond
to:


(1)  low-priority, less
serious cases of abuse and neglect; and


(2)  cases in which an
allegation of abuse or neglect of a child was unsubstantiated
but involved a family that has been previously investigated
for abuse or neglect of a child.


(b)  The executive commissioner
shall adopt rules to implement the grant program, including
rules governing the submission and approval of grant
requests and the cancellation of grants.


(c)  To receive a grant,
a community organization whose grant request is approved
must execute an interagency agreement or a contract
with the department.  The contract must require the
organization receiving the grant to perform the services
as stated in the approved grant request.  The contract
must contain appropriate provisions for program and
fiscal monitoring.


(d)  In areas of the state
in which community organizations receive grants under
the program, the department shall refer low-priority,
less serious cases of abuse and neglect to a community
organization receiving a grant under the program.


(e)  A community organization
receiving a referral under Subsection (d) shall make
a home visit and offer family social services to enhance
the parents' ability to provide a safe and stable home
environment for the child.  If the family chooses to
use the family services, a case manager from the organization
shall monitor the case and ensure that the services
are delivered.


(f)  If after the home
visit the community organization determines that the
case is more serious than the department indicated,
the community organization shall refer the case to
the department for a full investigation.


(g)  The department may
not award a grant to a community organization in an
area of the state in which a similar program is already
providing effective family services in the community.


(h)  For purposes of this
section, a case is considered to be a less serious
case of abuse or neglect if:


(1)  the circumstances
of the case do not appear to involve a reasonable likelihood
that the child will be abused or neglected in the foreseeable
future; or


(2)  the allegations in
the report of child abuse or neglect:


(A)  are general in nature
or vague and do not support a determination that the
child who is the subject of the report has been abused
or neglected or will likely be abused or neglected;
or


(B)  if substantiated,
would not be considered abuse or neglect under this
chapter.


SECTION 1.54.  (a)  Subchapter
C, Chapter 264, Family Code, is amended by adding Section
264.2041 to read as follows:


Sec. 264.2041.  CULTURAL
AWARENESS.  The department shall:


(1)  develop and deliver
cultural competency training to all service delivery
staff;


(2)  increase targeted
recruitment efforts for foster and adoptive families
who can meet the needs of children and youth who are
waiting for permanent homes;


(3)  target recruitment
efforts to ensure diversity among department staff;
and


(4)  develop collaborative
partnerships with community groups, agencies, faith-based
organizations, and other community organizations to
provide culturally competent services to children and
families of every race and ethnicity.


(b)  The Health and Human
Services Commission and the Department of Family and
Protective Services shall analyze data regarding child
removals and other enforcement actions taken by the
department during state fiscal years 2004 and 2005.
 Based on the analysis, the commission and the department
shall determine whether enforcement actions were disproportionately
initiated against any racial or ethnic group, in any
area of the state, taking into account other relevant
factors, including poverty, single-parent families,
young-parent families, and any additional factor determined
by other research to be statistically correlated with
child abuse or child neglect.


(c)  The rate of enforcement
actions shall be deemed disproportionate for a given
racial or ethnic group if it is significantly different
from the rate of enforcement actions against the population
as a whole, taking into account other relevant factors.


(d)  Not later than January
1, 2006, the Health and Human Services Commission shall
report the results of the analysis to the lieutenant
governor, the speaker of the house of representatives,
the presiding officer of each house and senate standing
committee having jurisdiction over child protective
services, and the Parental Advisory Committee created
under Section 40.073, Human Resources Code, as added
by this Act.


(e)  If the results of the
analysis indicate that enforcement actions are initiated
disproportionately against any racial or ethnic group,
in any area of the state, taking into account other
relevant factors, the Health and Human Services Commission
and Department of Family and Protective Services shall:


(1)  evaluate the policies
and procedures the department uses in deciding to take
enforcement actions to determine why racial or ethnic
disparities exist;


(2)  develop and implement
a remediation plan to prevent racial or ethnic disparities
not justified by other external factors from affecting
the decision to initiate enforcement actions; and


(3)  not later than July 1,
2006, submit a report to the lieutenant governor, the
speaker of the house of representatives, and the presiding
officer of each house and senate standing committee
having jurisdiction over child protective services
that explains:


(A)  the evaluation of policies
and procedures; and


(B)  the remediation plan.


SECTION 1.55.  Subsection
(c), Section 264.203, Family Code, is amended to read
as follows:


(c)  If the person ordered
to participate in the services fails to follow the
court's order, the court may impose appropriate
sanctions in order to protect the health and safety
of the child, including the removal of the child as
specified by Chapter 262 community service
as a sanction for contempt.


SECTION 1.56.  Subsection
(b), Section 264.502, Family Code, is amended to read
as follows:


(b)  The members of the committee
who serve under Subsections (a)(1) through (3) shall
select the following additional committee members:


(1)  a criminal prosecutor
involved in prosecuting crimes against children;


(2)  a sheriff;


(3)  a justice of the peace;


(4)  a medical examiner;


(5)  a police chief;


(6)  a pediatrician experienced
in diagnosing and treating child abuse and neglect;


(7)  a child educator;


(8)  a child mental health
provider;


(9)  a public health professional;


(10)  a child protective services
specialist;


(11)  a sudden infant death
syndrome family service provider;


(12)  a neonatologist;


(13)  a child advocate; and


(14)  a chief juvenile probation
officer; and


(15)  a child abuse prevention
specialist.


SECTION 1.57.  Section 264.503,
Family Code, is amended by amending Subsections (b)
through (f) and adding Subsections (d-1) and (g) to
read as follows:


(b)  To ensure that the committee
achieves its purpose, the department and the Texas
Department of State Health Services shall
perform the duties specified by this section.


(c)  The department shall:


(1)  recognize the creation
and participation of review teams; and


(2)  work cooperatively
with the committee and with individual child fatality
review teams promote and coordinate training
to assist the review teams in carrying out their duties;


(3)  assist the committee
in developing model protocols for:


(A)  the reporting
and investigating of child fatalities for law enforcement
agencies, child protective services, justices of the
peace and medical examiners, and other professionals
involved in the investigations of child deaths;


(B)  the collection
of data regarding child deaths; and


(C)  the operation
of the review teams; and


(4)  develop and
implement procedures necessary for the operation of
the committee.


(d)  The Department of
State Health Services department
shall:


(1)  promote and coordinate
training to assist the review teams in carrying out
their duties;


(2)  assist the committee
in developing model protocols for:


(A)  the reporting and
investigating of child fatalities for law enforcement
agencies, child protective services, justices of the
peace and medical examiners, and other professionals
involved in the investigations of child deaths;


(B)  the collection of
data regarding child deaths; and


(C)  the operation of the
review teams;


(3)  develop and implement
procedures necessary for the operation of the committee;
and


(4)  promote education
of the public regarding the incidence and causes of
child deaths, the public role in preventing child deaths,
and specific steps the public can undertake to prevent
child deaths.


(d-1)  The committee
shall enlist the support and assistance of civic, philanthropic,
and public service organizations in the performance
of the duties imposed under Subsection (d) this
subsection.


(e)  In addition to the
duties under Subsection (d), the The Texas
Department of State Health Services shall:


(1)  collect data under this
subchapter and coordinate the collection of data under
this subchapter with other data collection activities;
and


(2)  perform annual statistical
studies of the incidence and causes of child fatalities
using the data collected under this subchapter.


(f)  The committee shall issue
a report for each preventable child death.  The
report must include annual reports on
the committee's activities, including findings
related to the child's death, and
recommendations on how to prevent similar deaths,
and details surrounding the department's involvement
with the child prior to the child's death relating
to each purpose and duty of the committee described
by this section.  Not later than December
1 of each even-numbered year, the
committee shall publish a compilation of the reports
published under this subsection during the year,
the report and submit a copy of
the compilation report to
the governor, lieutenant governor, and
speaker of the house of representatives, and department,
and make the compilation available to the public. 
Not later than June 1 of each year, the department
shall submit a written response on the compilation
from the previous year to the committee, governor,
lieutenant governor, and speaker of the house of representatives
describing which of the committee's recommendations
regarding the operation of the child protective services
system the department will implement and the methods
of implementation.


(g)  The committee shall
perform the functions and duties required of a citizen
review panel under 42 U.S.C. Section 5106a(c)(4)(A).


SECTION 1.58.  Subsection
(c), Section 264.504, Family Code, is amended to read
as follows:


(c)  Information identifying
a deceased child, a member of the child's family, a
guardian or caretaker of the child, or an alleged or
suspected perpetrator of abuse or neglect of the child
may not be disclosed during a public meeting.  On
a majority vote of the committee members, the members
shall remove from the committee any member who discloses
information described by this subsection in a public
meeting.


SECTION 1.59.  Subsection
(c), Section 264.505, Family Code, is amended to read
as follows:


(c)  A review team may include:


(1)  a criminal prosecutor
involved in prosecuting crimes against children;


(2)  a sheriff;


(3)  a justice of the peace
or medical examiner;


(4)  a police chief;


(5)  a pediatrician experienced
in diagnosing and treating child abuse and neglect;


(6)  a child educator;


(7)  a child mental health
provider;


(8)  a public health professional;


(9)  a child protective services
specialist;


(10)  a sudden infant death
syndrome family service provider;


(11)  a neonatologist;


(12)  a child advocate; and


(13)  a chief juvenile probation
officer; and


(14)  a child abuse prevention
specialist.


SECTION 1.60.  Subsection
(b), Section 264.509, Family Code, is amended to read
as follows:


(b)  On request of the presiding
officer of a review team, the custodian of the relevant
information and records relating to a deceased child
shall provide those records to the review team at
no cost to the review team.


SECTION 1.61.  Section 264.602,
Family Code, is amended by adding Subsection (e) to
read as follows:


(e)  The department, in
cooperation with the statewide organization with which
the attorney general contracts under Section 264.603
and other interested agencies, shall support the expansion
of court-appointed volunteer advocate programs into
counties in which there is a need for the programs.
 In expanding into a county, a program shall work to
ensure the independence of the program, to the extent
possible, by establishing community support and accessing
private funding from the community for the program.


SECTION 1.62.  (a)  Chapter
264, Family Code, is amended by adding Subchapter I
to read as follows:






Sec. 264.751.  DEFINITIONS.
 In this subchapter:


(1)  "Designated caregiver"
means an individual who has a longstanding and significant
relationship with a child for whom the department has
been appointed managing conservator and who:


(A)  is appointed to provide
substitute care for the child, but is not licensed
or certified to operate a foster home, foster group
home, agency foster home, or agency foster group home
under Chapter 42, Human Resources Code; or


(B)  is subsequently appointed
permanent managing conservator of the child after providing
the care described by Paragraph (A).


(2)  "Relative" means a
person related to a child by consanguinity as determined
under Section 573.022, Government Code.


(3)  "Relative caregiver"
means a relative who:


(A)  provides substitute
care for a child for whom the department has been appointed
managing conservator, but who is not licensed or certified
to operate a foster home, foster group home, agency
foster home, or agency foster group home under Chapter
42, Human Resources Code; or


(B)  is subsequently appointed
permanent managing conservator of the child after providing
the care described by Paragraph (A).


Sec. 264.752.  RELATIVE
AND OTHER DESIGNATED CAREGIVER PLACEMENT PROGRAM. 
(a)  The department shall develop and procure a program
to:


(1)  promote continuity
and stability for children for whom the department
is appointed managing conservator by placing those
children with relative or other designated caregivers;
and


(2)  facilitate relative
or other designated caregiver placements by providing
assistance and services to those caregivers in accordance
with this subchapter and rules adopted by the executive
commissioner.


(b)  To the extent permitted
by federal law, the department shall use federal funds
available under Title IV-E, Social Security Act (42
U.S.C. Section 670 et seq.), to administer the program
under this subchapter.


(c)  The executive commissioner
shall adopt rules necessary to implement this subchapter.
 The rules must include eligibility criteria for receiving
assistance and services under this subchapter.


Sec. 264.753.  EXPEDITED
PLACEMENT.  The department or other authorized entity
shall expedite the completion of the background and
criminal history check, the home study, and any other
administrative procedure to ensure that the child is
placed with a qualified relative or caregiver as soon
as possible after the date the caregiver is identified.


Sec. 264.754.  INVESTIGATION
OF PROPOSED PLACEMENT.  Before placing a child with
a proposed relative or other designated caregiver,
the department must conduct an investigation to determine
whether the proposed placement is in the child's best
interest.


Sec. 264.755.  CAREGIVER
ASSISTANCE AGREEMENT.  (a)  The department shall, subject
to the availability of funds, enter into a caregiver
assistance agreement with each relative or other designated
caregiver to provide monetary assistance and additional
support services to the caregiver.  The monetary assistance
and support services shall be based on a family's need,
as determined by rules adopted by the executive commissioner.


(b)  Monetary assistance
provided under this section must include a one-time
cash payment of not more than $1,000 to the caregiver
on the initial placement of a child or a sibling group.
 The cash payment must be provided on the initial placement
of each child with the caregiver and is provided to
assist the caregiver in purchasing essential child-care
items such as furniture and clothing.


(c)  Monetary assistance
and additional support services provided under this
section may include:


(1)  case management services
and training and information about the child's needs
until the caregiver is appointed permanent managing
conservator;


(2)  referrals to appropriate
state agencies administering public benefits or assistance
programs for which the child, the caregiver, or the
caregiver's family may qualify;


(3)  family counseling
not provided under the Medicaid program for the caregiver's
family for a period not to exceed two years from the
date of initial placement;


(4)  if the caregiver meets
the eligibility criteria determined by rules adopted
by the executive commissioner, reimbursement of all
child-care expenses incurred while the child is under
13 years of age, or under 18 years of age if the child
has a developmental disability, and while the department
is the child's managing conservator;


(5)  if the caregiver meets
the eligibility criteria determined by rules adopted
by the executive commissioner, reimbursement of 50
percent of child-care expenses incurred after the caregiver
is appointed permanent managing conservator of the
child while the child is under 13 years of age, or
under 18 years of age if the child has a developmental
disability; and


(6)  reimbursement of other
expenses, as determined by rules adopted by the executive
commissioner, not to exceed $500 per year for each
child.


Sec. 264.756.  ASSISTANCE
WITH PERMANENT PLACEMENT.  The department shall collaborate
with the State Bar of Texas and local community partners
to identify legal resources to assist relatives and
other designated caregivers in obtaining conservatorship,
adoption, or other permanent legal status for the child.


Sec. 264.757.  COORDINATION
WITH OTHER AGENCIES.  The department shall coordinate
with other health and human services agencies, as defined
by Section 531.001, Government Code, to provide assistance
and services under this subchapter.


Sec. 264.758.  FUNDS. 
The department and other state agencies shall actively
seek and use federal funds available for the purposes
of this subchapter.


(b)  Not later than December
1, 2005, the executive commissioner of the Health and
Human Services Commission shall adopt rules for implementing
and administering the relative and other designated
caregiver placement program under Subchapter I, Chapter
264, Family Code, as added by this section.


(c)  Not later than March
1, 2006, the Department of Family and Protective Services
shall implement the relative and other designated caregiver
placement program in accordance with Subchapter I,
Chapter 264, Family Code, as added by this section.


(d)  As soon as possible after
the effective date of this Act, the Department of Family
and Protective Services shall take all necessary actions
to apply for a federal waiver under Title IV-E, Social
Security Act (42 U.S.C. Section 670 et seq.), to use
federal funds available under that title to implement
the relative and other designated caregiver placement
program under Subchapter I, Chapter 264, Family Code,
as added by this section.


SECTION 1.63.  Chapter 264,
Family Code, is amended by adding Subchapter J to read
as follows:






Sec. 264.801.  FAMILY DRUG
COURT PROGRAM DEFINED.  In this subchapter, "family
drug court program" means a program that has the following
essential characteristics:


(1)  the integration of
substance abuse treatment services in the processing
of civil cases in the child welfare system with the
goal of family reunification;


(2)  the use of a comprehensive
case management approach involving department caseworkers,
court-appointed case managers, and court-appointed
special advocates to rehabilitate a parent who has
had a child removed from the parent's care by the department
because of suspected child abuse or neglect and who
is suspected of substance abuse;


(3)  early identification
and prompt placement of eligible parents who volunteer
to participate in the program;


(4)  comprehensive substance
abuse needs assessment and referral to an appropriate
substance abuse treatment agency;


(5)  a progressive treatment
approach with specific requirements that a parent must
meet to advance to the next phase of the program;


(6)  monitoring of abstinence
through periodic alcohol or other drug testing;


(7)  ongoing judicial interaction
with program participants;


(8)  monitoring and evaluation
of program goals and effectiveness;


(9)  continuing interdisciplinary
education to promote effective program planning, implementation,
and operations; and


(10)  development of partnerships
with public agencies and community organizations.


Sec. 264.802.  AUTHORITY
TO ESTABLISH PROGRAM.  The commissioners court of a
county may establish a family drug court program for
persons who:


(1)  have had a child removed
from their care by the department; and


(2)  are suspected by the
department or a court of having a substance abuse problem.


Sec. 264.803.  OVERSIGHT.
 (a)  The lieutenant governor and the speaker of the
house of representatives may assign to appropriate
legislative committees duties relating to the oversight
of family drug court programs established under this
subchapter.


(b)  A legislative committee
or the governor may request the state auditor to perform
a management, operations, or financial or accounting
audit of a family drug court program established under
this subchapter.


Sec. 264.804.  PARTICIPANT
PAYMENT FOR TREATMENT AND SERVICES.  A family drug
court program may require a participant to pay the
cost of all treatment and services received while participating
in the program, based on the participant's ability
to pay.


Sec. 264.805.  FUNDING.
 A county creating a family drug court under this chapter
shall explore the possibility of using court improvement
project funds to finance the family drug court in the
county.  The county shall also explore the availability
of federal and state matching funds to finance the
court.


SECTION 1.64.  Chapter 265,
Family Code, is amended by adding Section 265.004 to
read as follows:


Sec. 265.004.  USE OF EVIDENCE-BASED
PROGRAMS FOR AT-RISK FAMILIES.  (a)  To the extent
that money is appropriated for the purpose, the department
shall fund evidence-based programs offered by community-based
organizations that are designed to prevent or ameliorate
child abuse and neglect.


(b)  The department shall
place priority on programs that target children whose
race or ethnicity is disproportionately represented
in the child protective services system.


(c)  The department shall
periodically evaluate the evidence-based abuse and
neglect prevention programs to determine the continued
effectiveness of the programs.


SECTION 1.65.  (a)  Subtitle
E, Title 5, Family Code, is amended by adding Chapter
266 to read as follows:







FOR
CHILDREN IN FOSTER CARE




SUBCHAPTER
A.  GENERAL PROVISIONS



Sec. 266.001.  DEFINITIONS.
 In this chapter:


(1)  "Commission" means
the Health and Human Services Commission.


(2)  "Department" means
the Department of Family and Protective Services.


(3)  "Executive commissioner"
means the executive commissioner of the Health and
Human Services Commission.


(4)  "Foster child" means
a child who is in the managing conservatorship of the
department.


(5)  "Medical care" means
all health care and related services provided under
the medical assistance program under Chapter 32, Human
Resources Code, and described by Section 32.003(4),
Human Resources Code.


Sec. 266.002.  CONSTRUCTION
WITH OTHER LAW.  This chapter does not limit the right
to consent to medical, dental, psychological, and surgical
treatment under Chapter 32.


Sec. 266.003.  MEDICAL
SERVICES FOR CHILD ABUSE AND NEGLECT VICTIMS.  (a)
 The commission shall collaborate with health care
and child welfare professionals to design a comprehensive,
cost-effective medical services delivery model, either
directly or by contract, to meet the needs of children
served by the department.  The medical services delivery
model must include:


(1)  the designation of
health care facilities with expertise in the forensic
assessment, diagnosis, and treatment of child abuse
and neglect as pediatric centers of excellence;


(2)  a statewide telemedicine
system to link department investigators and caseworkers
with pediatric centers of excellence or other medical
experts for consultation;


(3)  identification of
a medical home for each foster child on entering foster
care at which the child will receive an initial comprehensive
assessment as well as preventive treatments, acute
medical services, and therapeutic and rehabilitative
care to meet the child's ongoing physical and mental
health needs throughout the duration of the child's
stay in foster care;


(4)  the development and
implementation of health passports as described in
Section 266.006;


(5)  establishment and
use of a management information system that allows
monitoring of medical care that is provided to all
children in foster care;


(6)  the use of medical
advisory committees and medical review teams, as appropriate,
to establish treatment guidelines and criteria by which
individual cases of medical care provided to children
in foster care will be identified for further, in-depth
review;


(7)  development of the
training program described by Section 266.004(h);


(8)  provision for the
summary of medical care described by Section 266.007;
and


(9)  provision for the
participation of the person authorized to consent to
medical care for a child in foster care in each appointment
of the child with the provider of medical care.


(b)  The commission shall
collaborate with health and human services agencies,
community partners, the health care community, and
federal health and social services programs to maximize
services and benefits available under this section.


(c)  The executive commissioner
shall adopt rules necessary to implement this chapter.


Sec. 266.004.  CONSENT
FOR MEDICAL CARE.  (a)  Medical care may not be provided
to a child in foster care unless the person authorized
by this section has provided consent.


(b)  Except as provided
by Section 266.010, the court may authorize the following
persons to consent to medical care for a foster child:


(1)  an individual designated
by name in an order of the court, including the child's
foster parent or the child's parent, if the parent's
rights have not been terminated and the court determines
that it is in the best interest of the parent's child
to allow the parent to make medical decisions on behalf
of the child; or


(2)  the department or
an agent of the department.


(c)  If the person authorized
by the court to consent to medical care is the department
or an agent of the department, the department shall,
not later than the fifth business day after the date
the court provides authorization, file with the court
and each party the name of the individual who will
exercise the duty and responsibility of providing informed
consent on behalf of the department.  If that individual
changes, the department shall file notice of the change
with the court and each party not later than the fifth
business day after the date of the change.


(d)  A physician or other
provider of medical care acting in good faith may rely
on the representation by a person that the person has
the authority to consent to the provision of medical
care to a foster child as provided by Subsection (b).


(e)  The department, a
person authorized to consent to medical care under
Subsection (b), the child's parent if the parent's
rights have not been terminated, a guardian ad litem
or attorney ad litem if one has been appointed, or
the person providing foster care to the child may petition
the court for any order related to medical care for
a foster child that the department or other person
believes is in the best interest of the child.  Notice
of the petition must be given to each person entitled
to notice under Section 263.301(b).


(f)  If a physician who
has examined or treated the foster child has concerns
regarding the medical care provided to the foster child,
the physician may file a letter with the court stating
the reasons for the physician's concerns.  The court
shall provide a copy of the letter to each person entitled
to notice under Section 263.301(b).


(g)  On its own motion
or in response to a petition under Subsection (e) or
Section 266.010, the court may issue any order related
to the medical care of a foster child that the court
determines is in the best interest of the child.


(h)  Notwithstanding Subsection
(b), a person may not be authorized to consent to medical
care provided to a foster child unless the person has
completed a department-approved training program related
to informed consent and the provision of all areas
of medical care as defined by Section 266.001.  This
subsection does not apply to a parent whose rights
have not been terminated unless the court orders the
parent to complete the training.


(i)  The person authorized
under Subsection (b) to consent to medical care of
a foster child shall participate in each appointment
of the child with the provider of the medical care.


(j)  Nothing in this section
requires the identity of a foster parent to be publicly
disclosed.


Sec. 266.005.  PARENTAL
NOTIFICATION OF SIGNIFICANT MEDICAL CONDITIONS.  (a)
 In this section, "significant medical condition" means
an injury or illness that is life-threatening or has
potentially serious long-term health consequences,
including hospitalization for surgery or other procedures,
except minor emergency care.


(b)  Except as provided
by Subsection (c), the department shall make reasonable
efforts to notify the child's parents within 24 hours
of a significant medical condition involving a foster
child.


(c)  The department is
not required to provide notice under Subsection (b)
to a parent who:


(1)  has failed to give
the department current contact information and cannot
be located;


(2)  has executed an affidavit
of relinquishment of parental rights;


(3)  has had the parent's
parental rights terminated; or


(4)  has had access to
medical information otherwise restricted by the court.


Sec. 266.006.  HEALTH PASSPORT.
 (a)  The commission, in conjunction with the department,
and with the assistance of physicians and other health
care providers experienced in the care of foster children
and children with disabilities and with the use of
electronic health records, shall develop and provide
a health passport for each foster child.  The passport
must be maintained in an electronic format and use
the commission's and the department's existing computer
resources to the greatest extent possible.


(b)  The executive 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.


(c)  The system used to
access the health passport must be secure and maintain
the confidentiality of the child's health records.


(d)  Health passport information
shall be part of the department's record for the child
as long as the child remains in foster care.


(e)  The commission shall
provide training or instructional materials to foster
parents, physicians, and other health care providers
regarding use of the health passport.


(f)  The department shall
make health passport information available in printed
and electronic formats to the following individuals
when a child is discharged from foster care:


(1)  the child's legal
guardian, managing conservator, or parent; or


(2)  the child, if the
child is at least 18 years of age or has had the disabilities
of minority removed.


Sec. 266.007.  JUDICIAL
REVIEW OF MEDICAL CARE.  (a)  At each hearing under
Chapter 263, or more frequently if ordered by the court,
the court shall review a summary of the medical care
provided to the foster child since the last hearing.
 The summary must include information regarding:


(1)  the nature of any
emergency medical care provided to the child and the
circumstances necessitating emergency medical care,
including any injury or acute illness suffered by the
child;


(2)  all medical and mental
health treatment that the child is receiving and the
child's progress with the treatment;


(3)  any medication prescribed
for the child and the condition, diagnosis, and symptoms
for which the medication was prescribed and the child's
progress with the medication;


(4)  the degree to which
the child or foster care provider has complied or failed
to comply with any plan of medical treatment for the
child;


(5)  any adverse reaction
to or side effects of any medical treatment provided
to the child;


(6)  any specific medical
condition of the child that has been diagnosed or for
which tests are being conducted to make a diagnosis;


(7)  any activity that
the child should avoid or should engage in that might
affect the effectiveness of the treatment, including
physical activities, other medications, and diet; and


(8)  other information
required by department rule or by the court.


(b)  At or before each
hearing under Chapter 263, the department shall provide
the summary of medical care described by Subsection
(a) to:


(1)  the court;


(2)  the person authorized
to consent to medical treatment for the child;


(3)  the guardian ad litem
or attorney ad litem, if one has been appointed by
the court;


(4)  the child's parent,
if the parent's rights have not been terminated; and


(5)  any other person determined
by the department or the court to be necessary or appropriate
for review of the provision of medical care to foster
children.


(c)  At each hearing under
Chapter 263, the foster child shall be provided the
opportunity to express to the court the child's views
on the medical care being provided to the child.


Sec. 266.008.  EDUCATION
PASSPORT.  (a)  The commission shall develop an education
passport for each foster child.  The commission, in
conjunction with the department, shall determine the
format of the passport.  The passport may be maintained
in an electronic format.  The passport must contain
educational records of the child, including the names
and addresses of educational providers, the child's
grade-level performance, and any other educational
information the commission determines is important.


(b)  The department shall
maintain the passport as part of the department's records
for the child as long as the child remains in foster
care.


(c)  The department shall
make the passport available to the person authorized
to consent to medical care for the foster child and
to a provider of medical care to the foster child if
access to the foster child's educational information
is necessary to the provision of medical care and is
not prohibited by law.


(d)  The department and
the commission shall collaborate with the Texas Education
Agency to develop policies and procedures to ensure
that the needs of foster children are met in every
school district.


Sec. 266.009.  PROVISION
OF MEDICAL CARE IN EMERGENCY.  (a)  Consent or court
authorization for the medical care of a foster child
otherwise required by this chapter is not required
in an emergency during which it is immediately necessary
to provide medical care to the foster child to prevent
the imminent probability of death or substantial bodily
harm to the child or others, including circumstances
in which:


(1)  the child is overtly
or continually threatening or attempting to commit
suicide or cause serious bodily harm to the child or
others; or


(2)  the child is exhibiting
the sudden onset of a medical condition manifesting
itself by acute symptoms of sufficient severity, including
severe pain, such that the absence of immediate medical
attention could reasonably be expected to result in
placing the child's health in serious jeopardy, serious
impairment of bodily functions, or serious dysfunction
of any bodily organ or part.


(b)  The physician providing
the medical care or designee shall notify the person
authorized to consent to medical care for a foster
child about the decision to provide medical care without
consent or court authorization in an emergency not
later than the second business day after the date of
the provision of medical care under this section. 
This notification must be documented in the foster
child's health passport.


(c)  This section does
not apply to the administration of medication under
Subchapter G, Chapter 574, Health and Safety Code,
to a foster child who is at least 16 years of age and
who is placed in an inpatient mental health facility.


Sec. 266.010.  CONSENT
TO MEDICAL CARE BY FOSTER CHILD AT LEAST 16 YEARS OF
AGE.  (a)  A foster child who is at least 16 years
of age may consent to the provision of medical care,
except as provided by Chapter 33, if the court with
continuing jurisdiction determines that the child has
the capacity to consent to medical care.  If the child
provides consent by signing a consent form, the form
must be written in language the child can understand.


(b)  A court with continuing
jurisdiction may make the determination regarding the
foster child's capacity to consent to medical care
during a hearing under Chapter 263 or may hold a hearing
to make the determination on its own motion.  The court
may issue an order authorizing the child to consent
to all or some of the medical care as defined by Section
266.001.  In addition, a foster child who is at least
16 years of age, or the foster child's attorney ad
litem, may file a petition with the court for a hearing.
 If the court determines that the foster child lacks
the capacity to consent to medical care, the court
may consider whether the foster child has acquired
the capacity to consent to medical care at subsequent
hearings under Section 263.503.


(c)  If the court determines
that a foster child lacks the capacity to consent to
medical care, the person authorized by the court under
Section 266.004 shall continue to provide consent for
the medical care of the foster child.


(d)  If a foster child
who is at least 16 years of age and who has been determined
to have the capacity to consent to medical care refuses
to consent to medical care and the department or private
agency providing substitute care or case management
services to the child believes that the medical care
is appropriate, the department or the private agency
may file a motion with the court requesting an order
authorizing the provision of the medical care.


(e)  The motion under Subsection
(d) must include:


(1)  the child's stated
reasons for refusing the medical care; and


(2)  a statement prepared
and signed by the treating physician that the medical
care is the proper course of treatment for the foster
child.


(f)  If a motion is filed
under Subsection (d), the court shall appoint an attorney
ad litem for the foster child if one has not already
been appointed.  The foster child's attorney ad litem
shall:


(1)  discuss the situation
with the child;


(2)  discuss the suitability
of the medical care with the treating physician;


(3)  review the child's
medical and mental health records; and


(4)  advocate to the court
on behalf of the child's expressed preferences regarding
the medical care.


(g)  The court shall issue
an order authorizing the provision of the medical care
in accordance with a motion under Subsection (d) to
the foster child only if the court finds, by clear
and convincing evidence, after the hearing that the
medical care is in the best interest of the foster
child and:


(1)  the foster child lacks
the capacity to make a decision regarding the medical
care;


(2)  the failure to provide
the medical care will result in an observable and material
impairment to the growth, development, or functioning
of the foster child; or


(3)  the foster child is
at risk of suffering substantial bodily harm or of
inflicting substantial bodily harm to others.


(h)  In making a decision
under this section regarding whether a foster child
has the capacity to consent to medical care, the court
shall consider:


(1)  the maturity of the
child;


(2)  whether the child
is sufficiently well informed to make a decision regarding
the medical care; and


(3)  the child's intellectual
functioning.


(i)  In determining whether
the medical care is in the best interest of the foster
child, the court shall consider:


(1)  the foster child's
expressed preference regarding the medical care, including
perceived risks and benefits of the medical care;


(2)  likely consequences
to the foster child if the child does not receive the
medical care;


(3)  the foster child's
prognosis, if the child does receive the medical care;
and


(4)  whether there are
alternative, less intrusive treatments that are likely
to reach the same result as provision of the medical
care.


(j)  This section does
not apply to emergency medical care.  An emergency
relating to a foster child who is at least 16 years
of age, other than a child in an inpatient mental health
facility, is governed by Section 266.009.


(k)  This section does
not apply to the administration of medication under
Subchapter G, Chapter 574, Health and Safety Code,
to a foster child who is at least 16 years of age and
who is placed in an inpatient mental health facility.


(l)  Before a foster child
reaches the age of 16, the department or the private
agency providing substitute care or case management
services to the foster child shall advise the foster
child of the right to a hearing under this section
to determine whether the foster child may consent to
medical care.  The department or the private agency
providing substitute care or case management services
shall provide the foster child with training on informed
consent and the provision of medical care as part of
the Preparation for Adult Living Program.


Sec. 266.011.  STUDY OF
INCENTIVES TO PRESCRIBE PSYCHOTROPIC DRUGS.  (a)  The
department shall study the level of care system the
department uses to determine a child's foster care
needs to ascertain whether the system creates incentives
for prescribing psychotropic medications to children
in foster care.


(b)  No later than October
1, 2006, the department shall report the results of
the study to the legislature.  The report must include
the department's proposed changes to the level of care
system.


(c)  This section expires
January 1, 2007.


(b)  Not later than September
1, 2007, the Department of Family and Protective Services
shall implement the health passport required by Section
266.006, Family Code, as added by this section.


(c)  The Health and Human
Services Commission is required to develop and implement
the education passport program required by Section
266.008, Family Code, as added by this section, if
the legislature appropriates money specifically for
that purpose.  If the legislature does not appropriate
money specifically for that purpose, the commission
may, but is not required to, develop and implement
the education passport program using other appropriations
available for that purpose.  In addition, the commission
may develop and implement the education passport program
required by Section 266.008, Family Code, as added
by this section, only if technology necessary to ensure
privacy is available.


(d)  If the Health and Human
Services Commission develops and implements the education
passport program required by Section 266.008, Family
Code, as added by this section, the commission shall
finalize the form and content of the passport not later
than March 1, 2006.


SECTION 1.66.  Section 51.961,
Government Code, is amended to read as follows:


Sec. 51.961.  FAMILY PROTECTION
FEE.  (a)  The commissioners court of a county shall
may adopt a family protection fee
in an amount not to exceed $30 $15.


(b)  Except as provided by
Subsection (c), the district clerk or county clerk
shall collect the family protection fee at the time
a suit for dissolution of a marriage under Chapter
6, Family Code, is filed.  The fee is in addition to
any other fee collected by the district clerk or county
clerk.


(c)  The clerk may not collect
a fee under this section from a person who is protected
by an order issued under:


(1)  Subtitle B, Title 4,
Family Code; or


(2)  Article 17.292, Code
of Criminal Procedure.


(d)  The clerk shall pay one-half
of the a fee collected under
this section to the appropriate officer of the county
in which the suit is filed for deposit in the county
treasury to the credit of the family protection account.
 The account may be used by the commissioners court
of the county only to fund a service provider located
in that county or an adjacent county.  The commissioners
court may provide funding to a nonprofit organization
that provides services described by Subsection (e).


(e)  A service provider who
receives funds under Subsection (d) may provide family
violence and child abuse prevention, intervention,
family strengthening, mental health, counseling,
legal, and marriage preservation services to families
that are at risk of experiencing or that have experienced
family violence or the abuse or neglect of a child.


(f)  In this section, "family
violence" has the meaning assigned by Section 71.004,
Family Code.


(g)  The clerk shall pay
one-half of the fee collected under this section to
the comptroller, who shall deposit the money to the
credit of the child abuse and neglect prevention trust
fund account established under Section 40.105, Human
Resources Code.


SECTION 1.67.  Section 101.061,
Government Code, is amended to read as follows:


Sec. 101.061.  DISTRICT COURT
FEES AND COSTS.  The clerk of a district court shall
collect fees and costs as follows:


(1)  filing fee in action
with respect to a fraudulent court record or fraudulent
lien or claim filed against property (Sec. 12.005,
Civil Practice and Remedies Code) … $15;


(2)  fee for service of notice
of action with respect to a fraudulent court record
or fraudulent lien or claim filed against property
(Sec. 12.005, Civil Practice and Remedies Code) … not
to exceed $20, if notice delivered in person, or the
cost of postage, if service is by registered or certified
mail;


(3)  court cost in certain
civil cases to establish and maintain an alternative
dispute resolution system, if authorized by the county
commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) … not to exceed $10;


(4)  appellate judicial system
filing fees for:


(A)  First or Fourteenth Court
of Appeals District (Sec. 22.2021, Government Code)
… not more than $5;


(B)  Second Court of Appeals
District (Sec. 22.2031, Government Code) … not more
than $5;


(C)  Fourth Court of Appeals
District (Sec. 22.2051, Government Code) … not more
than $5;


(D)  Fifth Court of Appeals
District (Sec. 22.2061, Government Code) … not more
than $5; and


(E)  Thirteenth Court of Appeals
District (Sec. 22.2141, Government Code) … not more
than $5;


(5)  additional filing fees:


(A)  for each suit filed for
insurance contingency fund, if authorized by the county
commissioners court (Sec. 51.302, Government Code)
… not to exceed $5;


(B)  for each civil suit filed,
for court-related purposes for the support of the judiciary
and for civil legal services to an indigent:


(i)  for family law cases
and proceedings as defined by Section 25.0002, Government
Code (Sec. 133.151, Local Government Code) … $45; or


(ii)  for any case other than
a case described by Subparagraph (i) (Sec. 133.151,
Local Government Code) … $50;


(C)  to fund the improvement
of Dallas County civil court facilities, if authorized
by the county commissioners court (Sec. 51.705, Government
Code) … not more than $15; and


(D)  on the filing of any
civil action or proceeding requiring a filing fee,
including an appeal, and on the filing of any counterclaim,
cross-action, intervention, interpleader, or third-party
action requiring a filing fee, to fund civil legal
services for the indigent:


(i)  for family law cases
and proceedings as defined by Section 25.0002, Government
Code (Sec. 133.152, Local Government Code) … $5; or


(ii)  for any case other than
a case described by Subparagraph (i) (Sec. 133.152,
Local Government Code) … $10;


(6)  for filing a suit, including
an appeal from an inferior court:


(A)  for a suit with 10 or
fewer plaintiffs (Sec. 51.317, Government Code) … $50;


(B)  for a suit with at least
11 but not more than 25 plaintiffs (Sec. 51.317, Government
Code) … $75;


(C)  for a suit with at least
26 but not more than 100 plaintiffs (Sec. 51.317, Government
Code) … $100;


(D)  for a suit with at least
101 but not more than 500 plaintiffs (Sec. 51.317,
Government Code) … $125;


(E)  for a suit with at least
501 but not more than 1,000 plaintiffs (Sec. 51.317,
Government Code) … $150; or


(F)  for a suit with more
than 1,000 plaintiffs (Sec. 51.317, Government Code)
… $200;


(7)  for filing a cross-action,
counterclaim, intervention, contempt action, motion
for new trial, or third-party petition (Sec. 51.317,
Government Code) … $15;


(8)  for issuing a citation
or other writ or process not otherwise provided for,
including one copy, when requested at the time a suit
or action is filed (Sec. 51.317, Government Code) …
$8;


(9)  for records management
and preservation (Sec. 51.317, Government Code) … $10;


(10)  for issuing a subpoena,
including one copy (Sec. 51.318, Government Code) …
$8;


(11)  for issuing a citation,
commission for deposition, writ of execution, order
of sale, writ of execution and order of sale, writ
of injunction, writ of garnishment, writ of attachment,
or writ of sequestration not provided for in Section
51.317, or any other writ or process not otherwise
provided for, including one copy if required by law
(Sec. 51.318, Government Code) … $8;


(12)  for searching files
or records to locate a cause when the docket number
is not provided (Sec. 51.318, Government Code) … $5;


(13)  for searching files
or records to ascertain the existence of an instrument
or record in the district clerk's office (Sec. 51.318,
Government Code) … $5;


(14)  for abstracting a judgment
(Sec. 51.318, Government Code) … $8;


(15)  for approving a bond
(Sec. 51.318, Government Code) … $4;


(16)  for a certified copy
of a record, judgment, order, pleading, or paper on
file or of record in the district clerk's office, including
certificate and seal, for each page or part of a page
(Sec. 51.318, Government Code) … $1;


(17)  for a noncertified copy,
for each page or part of a page (Sec. 51.318, Government
Code) … not to exceed $1;


(18)  jury fee (Sec. 51.604,
Government Code) … $30;


(19)  for filing a report
of divorce or annulment (Sec. 194.002, Health and Safety
Code) … $1;


(20)  for filing a suit in
Comal County (Sec. 152.0522, Human Resources Code)
… $4;


(21)  additional filing fee
for family protection on filing a suit for dissolution
of a marriage under Chapter 6, Family Code, if authorized
by the county commissioners court (Sec. 51.961, Government
Code) … not to exceed $30 $15;


(22)  fee on filing a suit
for dissolution of a marriage for services of child
support department in Harris County, if authorized
by the county commissioners court (Sec. 152.1074, Human
Resources Code) … not to exceed $12;


(23)  fee on filing a suit
requesting an adoption in Montague County (Sec. 152.1752,
Human Resources Code) … $25;


(24)  court cost on citation
for contempt of court for failure to comply with child
support order in Nueces County, if authorized by the
commissioners court (Sec. 152.1844, Human Resources
Code) … not to exceed $10;


(25)  fee on filing a suit
for divorce in Orange County (Sec. 152.1873, Human
Resources Code) … not less than $5;


(26)  court costs on citation
for contempt of court in Orange County for failure
to comply with a child support order or order providing
for possession of or access to a child (Sec. 152.1873,
Human Resources Code) … amount determined by district
clerk;


(27)  fee on filing a suit
requesting an adoption in Orange County (Sec. 152.1874,
Human Resources Code) … not less than $25;


(28)  fee on filing a suit
requesting an adoption in Wichita County (Sec. 152.2496,
Human Resources Code) … $100;


(29)  additional filing fee
to fund the courthouse security fund, if authorized
by the county commissioners court (Sec. 291.008, Local
Government Code) . .  . not to exceed $5;


(30)  additional filing fee
for filing documents not subject to certain filing
fees to fund the courthouse security fund, if authorized
by the county commissioners court (Sec. 291.008, Local
Government Code) … $1;


(31)  additional filing fee
to fund the courthouse security fund in Webb County,
if authorized by the county commissioners court (Sec.
291.009, Local Government Code) … not to exceed $20;


(32)  court cost in civil
cases other than suits for delinquent taxes to fund
the county law library fund, if authorized by the county
commissioners court (Sec. 323.023, Local Government
Code) … not to exceed $35;


(33)  when administering a
case for the Rockwall County Court at Law (Sec. 25.2012,
Government Code) … civil fees and court costs as if
the case had been filed in district court;


(34)  at a hearing held by
an associate judge in Dallas County, a court cost to
preserve the record, in the absence of a court reporter,
by other means (Sec. 54.509, Government Code) … as
assessed by the referring court or associate judge;
and


(35)  at a hearing held by
an associate judge in Duval County, a court cost to
preserve the record (Sec. 54.1151, Government Code,
as added by Chapter 1150, Acts of the 78th Legislature,
Regular Session, 2003) … as imposed by the referring
court or associate judge.


SECTION 1.68.  Section 102.021,
Government Code, is amended to read as follows:


Sec. 102.021.  COURT COSTS
ON CONVICTION.  A person convicted of an offense shall
pay, in addition to all other costs:


(1)  court costs on conviction
of a felony (Sec. 133.102, Local Government Code) …
$133;


(2)  court costs on conviction
of a Class A or Class B misdemeanor (Sec. 133.102,
Local Government Code) … $83;


(3)  court costs on conviction
of a nonjailable misdemeanor offense, including a criminal
violation of a municipal ordinance, other than a conviction
of an offense relating to a pedestrian or the parking
of a motor vehicle (Sec. 133.102, Local Government
Code) … $40;


(4)  court costs on certain
convictions in statutory county courts (Sec. 51.702,
Government Code) … $15;


(5)  court costs on certain
convictions in certain county courts (Sec. 51.703,
Government Code) … $15;


(6)  a time payment fee if
convicted of a felony or misdemeanor for paying any
part of a fine, court costs, or restitution on or after
the 31st day after the date on which a judgment is
entered assessing the fine, court costs, or restitution
(Sec. 133.103, Local Government Code) … $25;


(7)  a fee for services of
prosecutor (Art. 102.008, Code of Criminal Procedure)
… $25;


(8)  fees for services of
peace officer:


(A)  issuing a written notice
to appear in court for certain violations (Art. 102.011,
Code of Criminal Procedure) … $5;


(B)  executing or processing
an issued arrest warrant or capias (Art. 102.011, Code
of Criminal Procedure) … $50;


(C)  summoning a witness (Art.
102.011, Code of Criminal Procedure) … $5;


(D)  serving a writ not otherwise
listed (Art. 102.011, Code of Criminal Procedure) …
$35;


(E)  taking and approving
a bond and, if necessary, returning the bond to courthouse
(Art. 102.011, Code of Criminal Procedure) … $10;


(F)  commitment or release
(Art. 102.011, Code of Criminal Procedure) … $5;


(G)  summoning a jury (Art.
102.011, Code of Criminal Procedure) … $5;


(H)  attendance of a prisoner
in habeas corpus case if prisoner has been remanded
to custody or held to bail (Art. 102.011, Code of Criminal
Procedure) … $8 each day;


(I)  mileage for certain services
performed (Art. 102.011, Code of Criminal Procedure)
… $0.29 per mile; and


(J)  services of a sheriff
or constable who serves process and attends examining
trial in certain cases (Art. 102.011, Code of Criminal
Procedure) … not to exceed $5;


(9)  services of a peace officer
in conveying a witness outside the county (Art. 102.011,
Code of Criminal Procedure) … $10 per day or part of
a day, plus actual necessary travel expenses;


(10)  overtime of peace officer
for time spent testifying in the trial or traveling
to or from testifying in the trial (Art. 102.011, Code
of Criminal Procedure) … actual cost;


(11)  court costs on an offense
relating to rules of the road, when offense occurs
within a school crossing zone (Art. 102.014, Code of
Criminal Procedure) … $25;


(12)  court costs on an offense
of passing a school bus (Art. 102.014, Code of Criminal
Procedure) … $25;


(13)  court costs on an offense
of truancy or contributing to truancy (Art. 102.014,
Code of Criminal Procedure) … $20;


(14)  cost for visual recording
of intoxication arrest before conviction (Art. 102.018,
Code of Criminal Procedure) … $15;


(15)  cost of certain evaluations
(Art. 102.018, Code of Criminal Procedure) … actual
cost;


(16)  additional costs attendant
to certain intoxication convictions under Chapter 49,
Penal Code, for emergency medical services, trauma
facilities, and trauma care systems (Art. 102.0185,
Code of Criminal Procedure) … $100;


(16-a)  additional costs
attendant to certain child sexual assault and related
convictions, for child abuse prevention programs (Art.
102.0186, Code of Criminal Procedure) … $100;


(17)  cost for DNA testing
for certain felonies (Art. 102.020, Code of Criminal
Procedure) … $250;


(18)  court cost on an offense
of public lewdness or indecent exposure (Art. 102.020,
Code of Criminal Procedure) … $50;


(19)  court cost on conviction
of a misdemeanor under Subtitle C, Title 7, Transportation
Code (Sec. 542.403, Transportation Code) … $3;


(20)  cost for impoundment
of vehicle (Sec. 601.263, Transportation Code) … $15
per day; and


(21)  a civil and criminal
enforcement cost on conviction of an offense of, or
related to, the nonpayment of a toll in certain counties
(Sec. 284.2031, Transportation Code) … $1.


SECTION 1.69.  Subdivision
(2), Subsection (a), Section 411.114, Government Code,
is amended to read as follows:


(2)  The Department of Family
and Protective and Regulatory
Services shall obtain from the department criminal
history record information maintained by the department
that relates to a person who is:


(A)  an applicant for a license,
registration, certification, or listing under Chapter
42, Human Resources Code, or Chapter 249, Health and
Safety Code, or a person who registers with
or has been issued a certificate to operate under accreditation
by the Department of Protective and Regulatory Services
under Subchapter E, Chapter 42, Human Resources Code;


(B)  an owner, operator, or
employee of or an applicant for employment by a child-care
facility, child-placing agency, family home, or maternity
home licensed, registered, certified, or listed under
Chapter 42, Human Resources Code, or Chapter 249, Health
and Safety Code, or by a child-care facility
or child-placing agency that is seeking to register
with or has been issued a certificate to operate under
accreditation by the Department of Protective and Regulatory
Services under Subchapter E, Chapter 42, Human Resources
Code;


(C)  a person 14 years of
age or older who will be regularly or frequently working
or staying in a child-care facility, family home, or
maternity home while children are being provided care,
other than a child in the care of the home or facility;


(D)  an applicant selected
for a position with the Department of Family and
Protective and Regulatory Services,
the duties of which include direct delivery of protective
services to children, elderly persons, or persons with
a disability;


(E)  an employee of, an applicant
for employment with, or a volunteer or an applicant
volunteer with a business entity or person that contracts
with the Department of Family and Protective
and Regulatory Services to provide
direct delivery of protective services to children,
elderly persons, or persons with a disability, if the
person's duties or responsibilities include direct
contact with children, elderly persons, or persons
with a disability;


(F)  a registered volunteer
with the Department of Family and Protective
and Regulatory Services;


(G)  a person providing or
applying to provide in-home, adoptive, or foster care
for children in the care of the Department of Family
and Protective and Regulatory
Services and other persons living in the residence
in which the child will reside;


(H)  a Department of Family
and Protective and Regulatory
Services employee who is engaged in the direct delivery
of protective services to children, elderly persons,
or persons with a disability;


(I)  a person who is the subject
of a report the Department of Family and Protective
and Regulatory Services receives
alleging that the person has abused, neglected, or
exploited a child, an elderly person, or a person with
a disability, provided that:


(i)  the report alleges the
person has engaged in conduct that meets the statutory
definition of abuse, neglect, or exploitation under
Chapter 261, Family Code, or Chapter 48, Human Resources
Code; and


(ii)  the person who is the
subject of the report is not also the victim of the
alleged conduct;


(J)  a person providing child
care for a child who is in the care of the Department
of Family and Protective and Regulatory
Services and who is or will be receiving adoptive,
foster, or in-home care;


(K)  through a contract with
a nonprofit management center, an employee of, an applicant
for employment with, or a volunteer or an applicant
volunteer with a nonprofit, tax-exempt organization
that provides any service that involves the care of
or access to children, elderly persons, or persons
with a disability; or


(L)  an applicant for
a child-care administrator or child-placing agency
administrator license under Chapter 43 seeking
accreditation as provided by Section 43.003,
Human Resources Code.


SECTION 1.70.  (a)  Subchapter
B, Chapter 531, Government Code, is amended by adding
Section 531.078 to read as follows:


Sec. 531.078.  POOLED FUNDING
FOR FOSTER CARE PREVENTIVE SERVICES.  (a)  The commission
and the Department of Family and Protective Services
shall develop and implement a plan to combine, to the
extent and in the manner allowed by Section 51, Article
III, Texas Constitution, and other applicable law,
funds of those agencies with funds of other appropriate
state agencies and local governmental entities to provide
services designed to prevent children from being placed
in foster care.  The preventive services may include:


(1)  child and family counseling;


(2)  instruction in parenting
and homemaking skills;


(3)  parental support services;


(4)  temporary respite
care; and


(5)  crisis services.


(b)  The plan must provide
for:


(1)  state funding to be
distributed to other state agencies, local governmental
entities, or private entities only as specifically
directed by the terms of a grant or contract to provide
preventive services;


(2)  procedures to ensure
that funds received by the commission by gift, grant,
or interagency or interlocal contract from another
state agency, a local governmental entity, the federal
government, or any other public or private source for
purposes of this section are disbursed in accordance
with the terms under which the commission received
the funds; and


(3)  a reporting mechanism
to ensure appropriate use of funds.


(c)  For the purposes of
this section, the commission may request and accept
gifts and grants under the terms of a gift, grant,
or contract from a local governmental entity, a private
entity, or any other public or private source for use
in providing services designed to prevent children
from being placed in foster care.  If required by the
terms of a gift, grant, or contract or by applicable
law, the commission shall use the amounts received:


(1)  from a local governmental
entity to provide the services in the geographic area
of this state in which the entity is located; and


(2)  from the federal government
or a private entity to provide the services statewide
or in a particular geographic area of this state.


(b)  Not later than November
1, 2006, the Health and Human Services Commission shall
provide to the governor and the Legislative Budget
Board a report on the status and progress of the preventive
services funding plan required by Section 531.078,
Government Code, as added by this section.


SECTION 1.71.  Section 651.004,
Government Code, is amended by adding Subsection (e)
to read as follows:


(e)  The Department of
Family and Protective Services is not required to comply
with management-to-staff ratio requirements of this
section with respect to caseworker supervisors, program
directors, and program administrators.


SECTION 1.72.  (a)  Subchapter
C, Chapter 2155, Government Code, is amended by adding
Section 2155.1442 to read as follows:


Sec. 2155.1442.  FOSTER
CARE RESIDENTIAL CONTRACT MANAGEMENT.  (a)  Subject
to Subsection (e), the state auditor shall conduct
a management review of the residential contract management
employees of the Health and Human Services Commission
and the Department of Family and Protective Services
and make recommendations regarding the organization
of, and skills and educational requirements for, those
employees.  The state auditor shall also make recommendations
regarding the implementation of financial accountability
provisions and processes to ensure effective and efficient
expenditure of state and other contract funds.  The
state auditor shall report annually to the governor,
the lieutenant governor, the speaker of the house of
representatives, and the comptroller on the auditor's
recommendations and the commission's and department's
implementation of each recommendation.


(b)  The Health and Human
Services Commission shall contract with the state auditor
to perform on-site financial audits of selected residential
contractors as necessary.  The state auditor, in consultation
with the commission, shall select the contractors to
audit based on the contract's risk assessment rating,
allegations of fraud or misuse of state or other contract
funds, or other appropriate audit selection criteria.
 The residential contractors selected to be audited
must be included in the audit plan and approved by
the legislative audit committee under Section 321.013.


(c)  The Department of
Family and Protective Services shall require that all
files related to contracts for residential care of
foster children:


(1)  be complete and accurately
reflect the contractor's actual updated contract performance;
and


(2)  be maintained in accordance
with the department's record retention procedures and
made available to the state auditor when requested.


(d)  Subject to the availability
of funds appropriated for the purpose, the Department
of Family and Protective Services may develop an Internet-based
system to enable residential contractors to review
their reimbursement accounts or other pertinent financial
data and reconcile their accounts.


(e)  Work performed under
Subsections (a) and (b) by the state auditor is subject
to approval by the legislative audit committee for
inclusion in the audit plan under Section 321.013(c).


(b)  Section 2155.1442, Government
Code, as added by this section, applies only to a contract
that is entered into or renewed on or after the effective
date of this section.  A contract entered into or renewed
before that date is governed by the law in effect on
the date the contract is entered into or renewed, and
the former law is continued in effect for that purpose.


(c)  Not later than December
1, 2005, the state auditor shall complete and publish
the management review and report required by Subsection
(a), Section 2155.1442, Government Code, as added by
this section.  This subsection applies only if the
auditor's work is approved by the legislative audit
committee in time to meet this deadline.


(d)  Not later than October
1, 2011, the state auditor shall begin the on-site
financial reviews of selected contractors required
by Subsection (b), Section 2155.1442, Government Code,
as added by this section.


SECTION 1.73.  The heading
to Subtitle D, Title 2, Human Resources Code, is amended
to read as follows:



SUBTITLE
D.  DEPARTMENT OF FAMILY AND PROTECTIVE AND
REGULATORY SERVICES; CHILD WELFARE AND PROTECTIVE
SERVICES



SECTION 1.74.  The heading
to Chapter 40, Human Resources Code, is amended to
read as follows:



CHAPTER
40.  DEPARTMENT OF FAMILY AND PROTECTIVE AND
REGULATORY SERVICES



SECTION 1.75.  Subdivisions
(3) and (5), Section 40.001, Human Resources Code,
are amended to read as follows:


(3)  "Department" means the
Department of Family and Protective and
Regulatory Services.


(5)  "Family preservation"
includes the provision of services designed to assist
families, including adoptive and extended families,
who are at risk or in crisis, including:


(A)  preventive services
designed to help a child at risk of foster care placement
remain safely with the child's family; and


(B)  services designed
to help a child return, when the return is safe and
appropriate, to the family from which the child was
removed the protection of parents and
their children from needless family disruption because
of unfounded accusations of child abuse or neglect.
 It does not include the provision of state social
services for the rehabilitation of parents convicted
of abusing or neglecting their children.


SECTION 1.76.  Subsection
(b), Section 40.002, Human Resources Code, is amended
to read as follows:


(b)  Notwithstanding any other
law, the department shall:


(1)  provide protective services
for children and elderly and disabled persons, including
investigations of alleged abuse, neglect, or exploitation
in facilities of the Texas Department of Mental Health
and Mental Retardation or its successor agency;


(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,
and 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 1.77.  Section 40.003,
Human Resources Code, is amended to read as follows:


Sec. 40.003.  SUNSET PROVISION.
 The Department of Family and Protective and
Regulatory Services is subject to Chapter
325, Government Code (Texas Sunset Act).  Unless continued
in existence as provided by that chapter, the department
is abolished and this chapter expires September 1,
2009.


SECTION 1.78.  Section 40.030,
Human Resources Code, is amended to read as follows:


Sec. 40.030.  ADVISORY COMMITTEES.
 The executive commissioner or the executive commissioner's
designee board may appoint advisory
committees in accordance with Chapter 2110, Government
Code Article 6252-33, Revised Statutes.


SECTION 1.79.  The heading
to Section 40.0305, Human Resources Code, is amended
to read as follows:


Sec. 40.0305.  STRATEGIC USE
OF TECHNOLOGY STEERING COMMITTEE.


SECTION 1.80.  Subsections
(a), (d), and (e), Section 40.0305, Human Resources
Code, are amended to read as follows:


(a)  The department shall
continually explore the strategic use of technology
as a means to improve services, reduce workload burdens,
increase accountability, and enhance the overall efficiency
and effectiveness of department operations.  The department
shall develop strategic plans and seek funding to implement
technology enhancements that the department determines
are feasible and cost-effective establish
a strategic technology steering committee within the
department to evaluate major information technology
project proposals.


(d)  In evaluating major information
technology project proposals, the department, in
cooperation with the commission, steering
committee shall:


(1)  assess the major information
needs of the department;


(2)  define standard criteria
for setting priorities for the department's information
needs;


(3)  forecast the returns
to the department on project investments;


(4)  evaluate the department's
available information resources; and


(5)  review, approve, and
evaluate the status of projected costs and benefits
related to project proposals.


(e)  To the extent that
funds are appropriated for these specific purposes,
the department shall implement the following technology
projects:


(1)  a mobile technology
project, including online transcription services designed
to:


(A)  increase caseworker
access to department policy and family case history;


(B)  facilitate communication
between caseworkers and supervisors;


(C)  allow timely and accurate
data entry; and


(D)  reduce backlogged
investigations; and


(2)  a modified design
of the department's automated case management system
to improve risk and safety assessment and service plan
development, and to facilitate incorporation of historical
case data The steering committee shall
make recommendations to the executive director based
on the committee's performance of its duties.


SECTION 1.81.  Subchapter
B, Chapter 40, Human Resources Code, is amended by
adding Section 40.03051 to read as follows:


Sec. 40.03051.  PAPERLESS
INFORMATION EXCHANGE PILOT PROGRAM.  (a)  The department
shall develop and implement a pilot program to allow
the paperless exchange of information between the department
and courts with jurisdiction over child protective
services cases.


(b)  The pilot program
must:


(1)  include one or more
courts with jurisdiction over child protective services
cases; and


(2)  be designed to facilitate
the progression of child protective services cases
through the judicial process.


(c)  The executive commissioner
shall adopt rules necessary to implement this section.


(d)  Notwithstanding any
other provision of this section, the department is
not required to implement the pilot program unless
funds are appropriated for that purpose.


(e)  Not later than December
1, 2006, the department shall submit a report to the
governor, the lieutenant governor, and the speaker
of the house of representatives regarding the preliminary
results of the pilot program.  The report must include:


(1)  a description of the
status of the pilot program;


(2)  a description of the
effects of the pilot program on the progression of
child protective services cases through the judicial
process; and


(3)  an evaluation of the
feasibility of expanding the system statewide.


(f)  This section expires
September 1, 2009.


SECTION 1.82.  Section 40.031,
Human Resources Code, is amended to read as follows:


Sec. 40.031.  DIVISIONS OF
DEPARTMENT.  (a)  The executive commissioner
board may establish divisions within
the department as necessary for efficient administration
and for the discharge of the department's functions.


(b)  The executive commissioner
shall establish an investigations division to oversee
and direct the investigation functions of the child
protective services program, including the receipt
and screening of all reports of alleged child abuse
or neglect.


(c)  The commissioner shall
designate a person with law enforcement experience
as the director of the investigations division.


(d)  The investigations
division shall, as appropriate, refer children and
families in need of services to other department divisions
or to other persons or entities with whom the department
contracts for the provision of the needed services.


(e)  Reports of alleged
child abuse or neglect investigated under Section 261.401
or 261.404, Family Code, are not subject to investigation
by the investigations division board may
allocate and reallocate functions, programs, and activities
among the department's divisions.


SECTION 1.83.  (a)  Subchapter
B, Chapter 40, Human Resources Code, is amended by
adding Section 40.0324 to read as follows:


Sec. 40.0324.  CASEWORKER
REPLACEMENT PROGRAM.  (a)  To the extent that funding
is available, the department shall develop a program
to provide for the timely replacement of caseworkers
with trainees hired in anticipation of vacancies.


(b)  In developing the
program, the department shall consider the turnover
rate for caseworkers by region.


(b)  Unless sufficient funds
are not available, the Department of Family and Protective
Services shall develop the program required under Section
40.0324, Human Resources Code, as added by this section,
not later than December 31, 2005.


SECTION 1.84.  Subchapter
B, Chapter 40, Human Resources Code, is amended by
adding Section 40.036 to read as follows:


Sec. 40.036.  ENHANCED
TRAINING OF CHILD PROTECTIVE SERVICES CASEWORKERS.
 To improve the quality and consistency of training
provided to child protective services caseworkers,
the department shall:


(1)  augment classroom-based
training with a blended learning environment using
computer-based modules, structured field experience,
and simulation for skills development;


(2)  use a core curriculum
for all new department caseworkers and specialized
training for specific jobs;


(3)  require that department
caseworkers transferring from one specialty to another
must complete the core curriculum and advanced training
for the new specialty before assuming their new responsibilities;
and


(4)  centralize accountability
and oversight of all department training in order to
ensure statewide consistency.


SECTION 1.85.  Subsection
(c), Section 40.0525, Human Resources Code, is amended
to read as follows:


(c)  Subject to Section
40.031(b), this This section
does not require the department to establish separate
departments for investigations and service delivery.


SECTION 1.86.  Subchapter
C, Chapter 40, Human Resources Code, is amended by
adding Section 40.0526 to read as follows:


Sec. 40.0526.  BUILDING
COMMUNITY PARTNERSHIPS TO SUPPORT CHILDREN AND FAMILIES.
 (a)  The department shall develop a statewide strategy
to build alliances and networks at the local level
that support the detection and treatment of child abuse
and neglect and enhance the coordination and delivery
of services to children and families.


(b)  The strategy must
include plans to:


(1)  move staff from centralized
office sites into community-based settings to the greatest
extent feasible; and


(2)  enter into agreements
for the establishment or development of joint offices
or workplaces with local officials and organizations,
including:


(A)  children's advocacy
centers;


(B)  law enforcement officials;


(C)  prosecutors;


(D)  health care providers;
and


(E)  domestic violence
shelters.


(c)  The department may
employ specialized staff, to the extent that funds
are appropriated for that purpose, to serve as:


(1)  local legal liaisons
who support the prosecution in each region of legal
cases through the judicial system by improving coordination
and cooperation in case consultation and preparation
of cases for court; and


(2)  local community initiative
specialists in each region who focus on building community
alliances and networks.


(d)  An agreement made
in accordance with this section for the joint location
of department personnel with other local officials
or organizations is not subject to Chapter 2167, Government
Code.


SECTION 1.87.  Subchapter
C, Chapter 40, Human Resources Code, is amended by
adding Section 40.0528 to read as follows:


Sec. 40.0528.  COMPREHENSIVE
STAFFING AND WORKLOAD DISTRIBUTION PLAN FOR CHILD PROTECTIVE
SERVICES.  (a)  The department shall develop and implement
a staffing and workload distribution plan for the child
protective services program to:


(1)  reduce caseloads;


(2)  enhance accountability;


(3)  improve the quality
of investigations;


(4)  eliminate delays;
and


(5)  ensure the most efficient
and effective use of child protective services staff
and resources.


(b)  In developing and
implementing the plan, the department shall, subject
to available funds:


(1)  develop a methodology
for the equitable distribution of investigative and
other staff to ensure an equitable assignment of cases
in each area of the state;


(2)  evaluate the duties
of investigators and supervisors and identify and reassign
functions that may be performed more efficiently by
support or other paraprofessional staff;


(3)  ensure that investigative
and service units contain adequate supervisory and
support staff;


(4)  provide incentives
to recruit and retain:


(A)  caseworkers and supervisors
assigned to investigative units; and


(B)  specialized staff
with law enforcement or forensic investigation experience;


(5)  ensure that caseworkers
and supervisors who are not in an investigations unit
are paid appropriately to increase employee retention;


(6)  when appropriate,
identify and use alternative work schedules;


(7)  use a system of regional
hiring supervisors for targeted recruitment efforts;


(8)  improve staff recruitment
and screening methods to promote the hiring of the
most qualified candidates and improve an applicant's
understanding of the job requirements;


(9)  reduce the time necessary
to complete a plan of service for a child and family
when providing family-based safety services; and


(10)  identify methods
to reduce the administrative area that a manager is
responsible for to increase accountability.


SECTION 1.88.  Section 40.058,
Human Resources Code, is amended by adding Subsection
(b-1) to read as follows:


(b-1)  A contract for the
purchase of substitute care services, as defined by
Section 264.106, Family Code, must be procured using:


(1)  department procurement
procedures; or


(2)  procurement procedures
approved by the executive commissioner that promote
open and fair competition.


SECTION 1.89.  Subchapter
C, Chapter 40, Human Resources Code, is amended by
adding Sections 40.071, 40.072, and 40.073 to read
as follows:


Sec. 40.071.  DRUG-ENDANGERED
CHILD INITIATIVE.  The department shall establish a
drug-endangered child initiative aimed at protecting
children who are exposed to methamphetamine or to chemicals
and other hazardous materials used in the illicit manufacture
of methamphetamine.


Sec. 40.072.  DUTY TO REPORT;
DEPARTMENT RECORDS.  (a)  To the extent that reporting
does not interfere with an ongoing criminal investigation,
the Department of Public Safety and each local law
enforcement agency shall report to the department on
discovering the presence of a child in a location where
methamphetamine is manufactured.


(b)  The department shall
maintain a record of reports received under this section
and shall include in the record information regarding
actions taken by the department to ensure the child's
safety and well-being.


Sec. 40.073.  PARENTAL
ADVISORY COMMITTEE.  (a)  The Parental Advisory Committee
shall advise the department on policies affecting parents
and their involvement with the department, including:


(1)  investigations of
allegations of abuse or neglect;


(2)  designations of alternative
placements for children; and


(3)  standards for persons
who investigate reports of abuse or neglect on the
state or local level.


(b)  The Parental Advisory
Committee consists of members appointed by the governor.
 The governor shall establish:


(1)  the qualifications
for committee members;


(2)  the terms for committee
members; and


(3)  the number of committee
members.


(c)  Chapter 2110, Government
Code, does not apply to the committee.


(d)  A committee member
may not receive compensation for serving on the committee
but is entitled to reimbursement of travel expenses
incurred by the member while conducting the business
of the committee as provided by the General Appropriations
Act.


SECTION 1.90.  Section 42.002,
Human Resources Code, is amended by adding Subdivisions
(18) and (19) to read as follows:


(18)  "Controlling person"
means a person who, either alone or in connection with
others, has the ability to directly or indirectly influence
or direct the management, expenditures, or policies
of a residential child-care facility.


(19)  "Residential child-care
facility" means a facility licensed or certified by
the department to provide assessment, care, training,
education, custody, treatment, or supervision for a
child who is not related by blood, marriage, or adoption
to the owner or operator of the facility, for all of
the 24-hour day, whether or not the facility is operated
for profit or charges for the services it offers. 
The term includes child-care institutions, child-placing
agencies, foster group homes, foster homes, agency
foster group homes, and agency foster homes.


SECTION 1.91.  Subsections
(b) and (d), Section 42.021, Human Resources Code,
are amended to read as follows:


(b)  The commissioner
executive director of the department
shall appoint as director of a division designated
under Subsection (a) a person who meets the qualifications
set by the executive commissioner board.


(d)  The commissioner
director may divide the state into
regions for the purpose of administering this chapter.


SECTION 1.92.  Subsections
(a) and (b), Section 42.023, Human Resources Code,
are amended to read as follows:


(a)  The department
executive director shall prepare
an annual written report regarding the department's
activities under this chapter.


(b)  The annual report shall
include:


(1)  a report by regions of
applications for licensure or certification, of initial
provisional licenses issued, denied,
or revoked, of licenses issued, denied, suspended or
revoked, of emergency closures and injunctions, and
of the compliance of state-operated agencies, if
such agencies exist, with certification requirements;


(2)  a summary of the training
programs required by the department and their effectiveness
amount and kind of in-service training and
other professional development opportunities provided
for department staff;


(3)  a summary of training
and other professional development opportunities offered
to facilities' staffs; and


(4)  a report of new administrative
procedures, of the number of staff and staff changes,
and of plans for the coming year; and


(5)  a report of trends
in licensing violations on a statewide and regional
basis and the department's plans to address those trends
through the provision of technical assistance.


SECTION 1.93.  (a)  Subsection
(c), Section 42.041, Human Resources Code, is amended
to read as follows:


(c)  A single license that
lists addresses and the appropriate facilities may
be issued to a child-care institution that operates
noncontiguous facilities that are across the street
from, in the same city block as, or on the same property
as one another nearby and that
are demonstrably a single operation as indicated by
patterns of staffing, finance, administrative supervision,
and programs.


(b)  Subsection (c), Section
42.041, Human Resources Code, as amended by this section,
applies only to a license issued or renewed on or after
the effective date of this section.  A license issued
or renewed before the effective date of this section
is governed by the law in effect at the time the license
is issued or renewed, and the former law is continued
in effect for that purpose.


SECTION 1.94.  (a)  Section
42.042, Human Resources Code, is amended by adding
Subsections (h-1) and (q) to read as follows:


(h-1)  The executive commissioner
shall adopt rules governing:


(1)  the placement and
care of children by a child-placing agency, as necessary
to ensure the health and safety of those children;


(2)  the verification and
monitoring of agency foster homes, agency foster group
homes, and adoptive homes by a child-placing agency;
and


(3)  if appropriate, child-placing
agency staffing levels, office locations, and administration.


(q)  Each residential child-care
facility shall notify the department and the appropriate
local law enforcement agency immediately on determining
that a child is missing from the facility.


(b)  As soon as possible after
the effective date of this Act, the executive commissioner
of the Health and Human Services Commission shall adopt
rules and establish standards, policies, and procedures
to implement and administer Subsections (h-1) and (q),
Section 42.042, Human Resources Code, as added by this
section.


SECTION 1.95.  Section 42.0426,
Human Resources Code, is amended to read as follows:


Sec. 42.0426.  TRAINING OF
PERSONNEL.  (a)  A licensed facility shall provide
training for staff members in:


(1)  the recognition of symptoms
of child abuse, neglect, and sexual molestation and
the responsibility and procedure of reporting suspected
occurrences of child abuse, neglect, and sexual molestation
to the department or other appropriate entity;


(2)  the application of first
aid; and


(3)  the prevention and spread
of communicable diseases.


(b)  A residential child-care
facility shall implement a behavior intervention program
approved by the department for the benefit of a child
served by the facility who needs assistance in managing
the child's conduct.  The program must include:


(1)  behavior intervention
instruction for staff members who work directly with
children served by the facility; and


(2)  training for all employees
regarding the risks associated with the use of prone
restraints.


SECTION 1.96.  Section 42.044,
Human Resources Code, is amended by adding Subsections
(e) and (f) to read as follows:


(e)  The department shall
periodically conduct inspections of a random sample
of agency foster homes and agency foster group homes.
 The department shall use the inspections to monitor
and enforce compliance by a child-placing agency with
rules and standards established under Section 42.042.


(f)  The department shall
use an inspection checklist that includes a list of
all required items for inspection in conducting a monitoring
inspection under this section.


SECTION 1.97.  The heading
to Section 42.0441, Human Resources Code, is amended
to read as follows:


Sec. 42.0441.  INSPECTION
RESULTS FOR CERTAIN NONRESIDENTIAL CHILD-CARE FACILITIES.


SECTION 1.98.  Subchapter
C, Chapter 42, Human Resources Code, is amended by
adding Section 42.04411 to read as follows:


Sec. 42.04411.  INSPECTION
RESULTS AND EXIT CONFERENCE FOR RESIDENTIAL CHILD-CARE
FACILITIES.  (a)  On completion of an inspection of
a residential child-care facility under Section 42.044,
the inspector shall hold an exit conference with a
representative of the inspected facility.  The inspector
shall provide to the representative a copy of the inspection
checklist used by the inspector.


(b)  The inspector shall
provide the representative an opportunity to communicate
regarding potential violations.


SECTION 1.99.  Section 42.046,
Human Resources Code, is amended by adding Subsection
(e) to read as follows:


(e)  The department may
deny an application under this section if the applicant:


(1)  has a residential
child-care facility license revoked in another state;
or


(2)  is barred from operating
a residential child-care facility in another state.


SECTION 1.100.  Subsections
(f) and (g), Section 42.0461, Human Resources Code,
are amended to read as follows:


(f)  A child-placing agency
that proposes to verify an agency foster home
or agency foster group home that is located
in a county with a population of less than 300,000
that provides child care for 24 hours a day at a location
other than the actual residence of a child's primary
caretaker shall:


(1)  comply with the notice
and hearing requirements imposed by Subsections (a)
and (b); and


(2)  after conducting the
required public hearing, provide the department with
information relating to the considerations specified
in Subsection (d).


(g)  The department may prohibit
the child-placing agency from verifying the proposed
agency foster home or agency foster group
home on the same grounds that the department may deny
an application under Subsection (e).  The department
may invalidate the verification of an agency foster
home or agency foster group home that was not verified
using the procedures required by Subsection (f) on
or after September 1, 1997.


SECTION 1.101.  Section 42.051,
Human Resources Code, is amended to read as follows:


Sec. 42.051.  INITIAL
PROVISIONAL LICENSE.  (a)  The department
shall issue an initial a provisional
license when a facility's plans meet the department's
licensing requirements and one of the following situations
exists:


(1)  the facility is not currently
operating;


(2)  the facility has relocated
and has made changes in the type of child-care service
it provides; or


(3)  there is a change in
ownership of the facility resulting in changes in policy
and procedure or in the staff who have direct contact
with the children.


(b)  An initial A
provisional license is valid for six months
from the date it is issued and may be renewed for an
additional six months.


SECTION 1.102.  Subsection
(b), Section 42.054, Human Resources Code, is amended
to read as follows:


(b)  The department shall
charge each child-care facility a fee of $35 for an
initial a provisional license.
 The department shall charge each child-placing agency
a fee of $50 for an initial a provisional
license.


SECTION 1.103.  (a)  Section
42.056, Human Resources Code, is amended by adding
Subsections (a-1), (d), (e), and (f) and amending Subsection
(b) to read as follows:


(a-1)  In accordance with
rules adopted by the executive commissioner, the director,
owner, or operator of a residential child-care facility
shall submit to the department for use in conducting
background and criminal history checks the name of
each prospective employee who will provide direct care
or have direct access to a child in the residential
child-care facility.


(b)  The department shall
conduct background and criminal history checks using:


(1)  the information provided
under Subsections Subsection
(a) and (a-1);


(2)  the information made
available by the Department of Public Safety under
Section 411.114, Government Code, or by the Federal
Bureau of Investigation or other criminal justice agency
under Section 411.087, Government Code; and


(3)  the department's records
of reported abuse and neglect.


(d)  A person described
by Subsection (a) or (a-1) may not provide direct care
or have direct access to a child in a residential child-care
facility before completion of the person's background
check and criminal history check.


(e)  If the residential
child-care facility does not receive the results of
the background or criminal history check within two
working days, the facility may obtain that information
for the facility's employee, subcontractor, or volunteer
directly from the Department of Public Safety.  If
the information obtained verifies that the person does
not have a criminal record, the facility may allow
the person to have unsupervised client contact until
the department has performed the department's own criminal
history check and notified the facility.


(f)  As part of a background
check under this section, the department shall provide
any relevant information available in the department's
records regarding a person's previous employment in
a residential child-care facility to the person submitting
the request.


(b)  The director, owner,
or operator of a residential child-care facility shall
begin providing information to the Department of Family
and Protective Services as required by Subsection (a-1),
Section 42.056, Human Resources Code, as added by this
section, as soon as possible after the effective date
of this section and not later than January 1, 2006.


SECTION 1.104.  (a)  Subchapter
C, Chapter 42, Human Resources Code, is amended by
adding Section 42.057 to read as follows:


Sec. 42.057.  DRUG TESTING.
 (a)  Each residential child-care facility shall establish
a drug testing policy for employees.  A residential
child-care facility may adopt the model employee drug
testing policy adopted by the executive commissioner
under Subsection (b) or may use another employee drug
testing policy approved by the executive commissioner.


(b)  The executive commissioner
by rule shall adopt a model employee drug testing policy
for use by a residential child-care facility.  The
policy must be designed to ensure the safety of resident
children through appropriate drug testing of employees
while protecting the rights of employees.  The model
policy must require:


(1)  preemployment drug
testing;


(2)  random, unannounced
drug testing of each employee who has direct contact
with a child in the care of the facility;


(3)  drug testing of an
employee against whom there is an allegation of drug
abuse; and


(4)  drug testing of an
employee whom the department is investigating for the
abuse or neglect of a child in the care of the facility,
if the allegation of abuse or neglect includes information
that provides good cause to suspect drug abuse.


(c)  The department shall
require a drug test of a person who directly cares
for or has access to a child in a residential child-care
facility within 24 hours after the department receives
notice of an allegation that the person has abused
drugs.


(d)  An employee may not
provide direct care or have direct access to a child
in a residential child-care facility before completion
of the employee's initial drug test.


(e)  A residential child-care
facility shall pay any fee or cost associated with
performing the drug test for an employee.


(b)  Not later than December
1, 2005, the executive commissioner of the Health and
Human Services Commission shall adopt the model drug
testing policy required by Section 42.057, Human Resources
Code, as added by this section.


(c)  Not later than January
1, 2006, each residential child-care facility shall
adopt a drug testing policy required by Section 42.057,
Human Resources Code, as added by this section.


SECTION 1.105.  Subchapter
C, Chapter 42, Human Resources Code, is amended by
adding Section 42.062 to read as follows:


Sec. 42.062.  CERTAIN EMPLOYMENT
PROHIBITED.  A residential child-care facility may
not employ in any capacity a person who is not eligible
to receive a license or certification for the operation
of a residential child-care facility under Section
42.072(g) or who has been denied a license under Section
42.046.


SECTION 1.106.  Subchapter
C, Chapter 42, Human Resources Code, is amended by
adding Section 42.063 to read as follows:


Sec. 42.063.  REPORTING
OF INCIDENTS AND VIOLATIONS.  (a)  In this section,
"serious incident" means a suspected or actual incident
that threatens or impairs the basic health, safety,
or well-being of a child.  The term includes:


(1)  the arrest, abuse,
neglect, exploitation, running away, attempted suicide,
or death of a child;


(2)  a critical injury
of a child; and


(3)  an illness of a child
that requires hospitalization.


(b)  A person licensed
under this chapter shall report to the department each
serious incident involving a child who receives services
from the person, regardless of whether the department
is the managing conservator of the child.


(c)  An employee of a person
described by Subsection (b) shall report suspected
abuse or neglect directly to the statewide intake system.


(d)  An employee or volunteer
of a child-care institution, child-placing agency,
foster home, or foster group home shall report any
serious incident directly to the department if the
incident involves a child under the care of the institution,
agency, or home.


(e)  A foster parent shall
report any serious incident directly to the department
if the incident involves a child under the care of
the parent.


(f)  The executive commissioner
by rule shall prescribe:


(1)  procedures governing
reporting required under this section; and


(2)  the manner in which
a report under this section must be provided.


(g)  The department shall
implement this section using existing appropriations.


SECTION 1.107.  Section 42.072,
Human Resources Code, is amended by amending Subsection
(c) and adding Subsection (g) to read as follows:


(c)  The department may
not issue a license, listing, registration, or certification
to a A person whose license,
listing, registration, or certification is revoked
or whose application for a license, listing, registration,
or certification is denied for a substantive reason
under this chapter may not apply for any
license, listing, registration, or certification under
this chapter before:


(1)  the fifth anniversary
of the date on which the revocation takes effect by
department or court order or the decision to deny the
application is final, if the facility is a residential
child-care facility; or


(2)  the second anniversary
of the date on which the revocation takes effect by
department or court order or the decision to deny
the application is final, if the facility is not a
residential child-care facility.


(g)  Notwithstanding Subsection
(c), the department may refuse to issue a license,
listing, registration, or certification to:


(1)  a person whose license
or certification for a residential child-care facility
was revoked by the department or by court order;


(2)  a person who was a
controlling person of a residential child-care facility
at the time conduct occurred that resulted in the revocation
of the license or certification of the facility;


(3)  a person who voluntarily
closed a residential child-care facility or relinquished
the person's license or certification after:


(A)  the department took
an action under Subsection (a) in relation to the facility
or person; or


(B)  the person received
notice that the department intended to take an action
under Subsection (a) in relation to the facility or
person; or


(4)  a person who was a
controlling person of a residential child-care facility
at the time conduct occurred that resulted in the closure
of the facility or relinquishment of the license or
certification in the manner described by Subdivision
(3).


SECTION 1.108.  Subsection
(c), Section 42.073, Human Resources Code, is amended
to read as follows:


(c)  An order is valid for
10 days after the effective date of the order, except
that an order relating to a residential child-care
facility is valid for 30 days after the effective date
of the order.


SECTION 1.109.  Section 42.077,
Human Resources Code, is amended by adding Subsection
(d-1) to read as follows:


(d-1)  If the department
determines that the license of a residential child-care
facility should be revoked or suspended, the facility
shall mail notification of the action or proposed action
by certified mail to a parent of each child served
by the facility, if the person's parental rights have
not been terminated, and to the child's managing conservator,
as appropriate.  The residential child-care facility
shall mail the notification not later than the fifth
day after the date the facility is notified of the
department's determination that revocation or suspension
of the license is appropriate.


SECTION 1.110.  (a)  Section
42.078, Human Resources Code, is amended by amending
Subsections (a) through (i) and (l), (m), and (n) and
adding Subsection (a-1) to read as follows:


(a)  The department may impose
an administrative penalty against a facility or family
home licensed or registered under this chapter that
violates this chapter or a rule or order adopted under
this chapter.  In addition, the department may impose
an administrative penalty against a residential child-care
facility or a controlling person of a residential child-care
facility if the facility or controlling person:


(1)  violates a term of
a license or registration issued under this chapter;


(2)  makes a statement
about a material fact that the facility or person knows
or should know is false:


(A)  on an application
for the issuance or renewal of a license or registration
or an attachment to the application; or


(B)  in response to a matter
under investigation;


(3)  refuses to allow a
representative of the department to inspect:


(A)  a book, record, or
file required to be maintained by the facility; or


(B)  any part of the premises
of the facility;


(4)  purposefully interferes
with the work of a representative of the department
or the enforcement of this chapter; or


(5)  fails to pay a penalty
assessed under this chapter on or before the date the
penalty is due, as determined under this section.


(a-1)  Nonmonetary,
administrative penalties or remedies, including
but not limited to corrective action plans, probation,
and evaluation periods, shall be imposed when
appropriate before monetary penalties.


(b)  Each day a violation
continues or occurs is a separate violation for purposes
of imposing a penalty.  The penalty for a violation
may be in an amount not to exceed the following limits,
based on the maximum number of children for
whom the facility or family home was authorized to
provide care or the number of children under the care
of the child-placing agency when the violation occurred
receiving care at the facility or family home
at the time of the violation:


(1)  for violations that
occur in a facility other than a residential child-care
facility:
Number of childrenMaximum amount of penalty
20 or less$50 $20
21-40 $60 $30
41-60 $70 $40
61-80 $80 $50
81-100 $100 $75
More than 100 $150 $100 

(2)  for
violations that occur in a residential child-care facility:


Number of childrenMaximum amount of penalty
20 or less$100
21-40 $150
41-60 $200
61-80 $250
81-100 $375
More than 100 $500  

(c)  In addition to the number
of children, the The amount
of the penalty shall be based on:


(1)  the seriousness of the
violation, including the nature, circumstances, extent,
and gravity of any prohibited acts, and the hazard
or potential hazard created to the health, safety,
or economic welfare of the public;


(2)  the economic harm to
property or the environment caused by the violation;


(3)  the history of previous
violations;


(4)  the amount necessary
to deter future violations;


(5)  efforts to correct the
violation; and


(6)  any other matter that
justice may require.


(d)  Monetary penalties shall
not be assessed for violations that are the result
of clerical errors or standards which do not
clearly apprise the facility or family home of the
action required by the standard.


(e)  If the department
executive director determines that
a violation has occurred, the department executive
director may issue a recommendation on the
imposition of a penalty, including a recommendation
on the amount of the penalty.


(f)  Within 14 days after
the date the recommendation is issued, the department
executive director shall give written
notice of the recommendation to the person owning or
operating the facility or family home or to the
controlling person, if applicable.  The notice
may be given by certified mail.  The notice must include
a brief summary of the alleged violation and a statement
of the amount of the recommended penalty and must inform
the person that the person has a right to a hearing
on the occurrence of the violation, the amount of the
penalty, or both the occurrence of the violation and
the amount of the penalty.


(g)  Within 20 days after
the date the person receives the notice, the person
in writing may accept the determination and recommended
penalty of the department executive
director or may make a written request for
a hearing on the occurrence of the violation, the amount
of the penalty, or both the occurrence of the violation
and the amount of the penalty.


(h)  If the person accepts
the determination and recommended penalty of the department
executive director or fails to respond
to the notice in a timely manner, the department
executive director shall issue an
order and impose the recommended penalty.


(i)  If the person requests
a hearing, the department executive
director shall set a hearing and give notice
of the hearing to the person.  The hearing shall be
held by an administrative law judge of the State Office
of Administrative Hearings.  The administrative law
judge shall make findings of fact and conclusions of
law and issue a final decision finding that a violation
has occurred and imposing a penalty or finding that
no violation occurred.


(l)  Within the 30-day period,
a person who acts under Subsection (k)(3) may:


(1)  stay enforcement of the
penalty by:


(A)  paying the amount of
the penalty to the court for placement in an escrow
account; or


(B)  giving to the court a
supersedeas bond that is approved by the court for
the amount of the penalty and that is effective until
all judicial review of the order is final; or


(2)  request the court to
stay enforcement of the penalty by:


(A)  filing with the court
a sworn affidavit of the person stating that the person
is financially unable to pay the amount of the penalty
and is financially unable to give the supersedeas bond;
and


(B)  giving a copy of the
affidavit to the department executive
director by certified mail.


(m)  On receipt of a copy
of an affidavit under Subsection (l)(2), the department
executive director may file with
the court, within five days after the date the copy
is received, a contest to the affidavit.  The court
shall hold a hearing on the facts alleged in the affidavit
as soon as practicable and shall stay the enforcement
of the penalty on finding that the alleged facts are
true.  The person who files an affidavit has the burden
of proving that the person is financially unable to
pay the amount of the penalty and to give a supersedeas
bond.


(n)  If the person does not
pay the amount of the penalty and the enforcement of
the penalty is not stayed, the department executive
director may refer the matter to the attorney
general for collection of the amount of the penalty.


(b)  Section 42.078, Human
Resources Code, as amended by this section, applies
to conduct that occurs on or after the effective date
of this section.  Conduct that occurs before the effective
date of this section is governed by Section 42.078,
Human Resources Code, as it existed before amendment
by this section, and the former law is continued in
effect for that purpose.


SECTION 1.111.  The heading
to Chapter 43, Human Resources Code, is amended to
read as follows:



CHAPTER
43.  REGULATION OF CHILD-CARE




AND
CHILD-PLACING AGENCY ADMINISTRATORS



SECTION 1.112.  Section 43.001,
Human Resources Code, is amended by amending Subdivision
(1) and adding Subdivisions (3) and (4) to read as
follows:


(1)  "Child-care institution"
has the meaning assigned by Section 42.002 means
a profit or nonprofit children's home, orphanage, institution,
or other place that receives and provides 24-hour-a-day
care for more than six children who are dependent,
neglected, handicapped, delinquent, in danger of becoming
delinquent, or in need of group care.


(3)  "Child-placing agency"
has the meaning assigned in Section 42.002.


(4)  "Child-placing agency
administrator" means a person who supervises and exercises
direct control over a child-placing agency and who
is responsible for the child-placing agency's program
and personnel, regardless of whether the person has
an ownership interest in the child-placing agency or
shares duties with other persons.


SECTION 1.113.  (a)  Section
43.003, Human Resources Code, is amended by adding
Subsection (c) to read as follows:


(c)  A person may not serve
as a child-placing agency administrator without a license
issued by the department under this chapter.


(b)  Notwithstanding Subsection
(c), Section 43.003, Human Resources Code, as added
by this section, a person is not required to hold a
license issued under Chapter 43, Human Resources Code,
to act as a child-placing agency administrator until
January 1, 2006.


SECTION 1.114.  (a)  Section
43.004, Human Resources Code, is amended to read as
follows:


Sec. 43.004.  QUALIFICATIONS
FOR LICENSE.  (a)  To be eligible for a child-care
administrator's license a person must:


(1)  provide information
for the department's use in conducting a criminal history
and background check under Subsection (c) present
evidence in writing of good moral character, ethical
commitment, and sound physical and emotional health;


(2)  pass an examination developed
devised and administered by the
department that demonstrates competence in the field
of child-care administration;


(3)  have one year of full-time
experience in management or supervision of child-care
personnel and programs; and


(4)  have one of the following
educational and experience qualifications:


(A)  a master's or doctoral
doctor of philosophy degree in social
work or other area of study; or


(B)  a bachelor's degree and
two years' full-time experience in child care
or a closely related field;


(C)  an associate
degree from a junior college and four years' experience
in child care or a closely related field; or


(D)  a high school
diploma or its equivalent and six years' experience
in child care or a closely related field.


(b)  To be eligible for
a child-placing agency administrator's license a person
must:


(1)  provide information
for the department's use in conducting a criminal history
and background check under Subsection (c);


(2)  pass an examination
developed and administered by the department that demonstrates
competence in the field of placing children in residential
settings or adoptive homes;


(3)  have one year of full-time
experience in management or supervision of child-placing
personnel and programs; and


(4)  have one of the following
educational and experience qualifications:


(A)  a master's or doctoral
degree in social work or other area of study; or


(B)  a bachelor's degree
and two years' full-time experience in the field of
placing children in residential settings or adoptive
homes or a closely related field.


(c)  Before the department
issues a license under this chapter, the department
must conduct a criminal history and background check
of the applicant using:


(1)  the information made
available by the Department of Public Safety under
Section 411.114, Government Code, or by the Federal
Bureau of Investigation or other criminal justice agency
under Section 411.087, Government Code; and


(2)  the information in
the central registry of reported cases of child abuse
or neglect established under Section 261.002, Family
Code.


(b)  Except as provided by
Subsection (c) of this section, Subsection (a), Section
43.004, Human Resources Code, as amended by this section,
applies only to a person who applies for a license
or license renewal on or after the effective date of
this section.


(c)  A person who is qualified
for a license under Paragraph (C) or (D), Subdivision
(4), Section 43.004, Human Resources Code, as that
section existed prior to the effective date of this
section, and who is licensed or has applied for a license
as a child-care administrator prior to the effective
date of this section is eligible for a child-care administrator
license under Subsection (a), Section 43.004, Human
Resources Code, as amended by this section, or license
renewal.


SECTION 1.115.  (a)  Section
43.0041, Human Resources Code, is amended by adding
Subsection (c) to read as follows:


(c)  A person who fails
an examination three times may not submit a new application
for a license until after the first anniversary of
the date the person last failed the examination.


(b)  Subsection (c), Section
43.0041, Human Resources Code, as added by this section,
applies only to an examination taken on or after the
effective date of this section.  An examination taken
before the effective date of this section is not considered
in determining whether a person is prohibited from
seeking a new license for the period specified by Subsection
(c), Section 43.0041, Human Resources Code, as added
by this section.


SECTION 1.116.  Subsection
(a), Section 43.0081, Human Resources Code, is amended
to read as follows:


(a)  The department may issue
a provisional child-care administrator's license
to an applicant licensed in another state who applies
for a license in this state.  An applicant for a provisional
license under this section must:


(1)  be licensed in good standing
as a child-care administrator for at least two years
in another state, the District of Columbia, a foreign
country, or a territory of the United States that has
licensing requirements that are substantially equivalent
to the requirements of this chapter;


(2)  have passed a national
or other examination recognized by the department that
demonstrates competence in the field of child-care
administration; and


(3)  be sponsored by a person
licensed by the department under this chapter with
whom the provisional license holder may practice under
this section.


SECTION 1.117.  (a)  Subsection
(a), Section 43.009, Human Resources Code, is amended
to read as follows:


(a)  To be eligible for license
renewal, a license holder shall present evidence to
the department of participation in a program of continuing
education for 15 approximating 15 actual
hours of formal study each year during the two-year
period before the renewal.


(b)  Subsection (a), Section
43.009, Human Resources Code, as amended by this section,
applies to a person who seeks license renewal on or
after September 1, 2007.  A person who seeks license
renewal before September 1, 2007, is governed by the
law in effect before amendment by this section, and
the former law is continued in effect for that purpose.


SECTION 1.118.  The heading
to Section 43.010, Human Resources Code, is amended
to read as follows:


Sec. 43.010.  LICENSE DENIAL,
REVOCATION, SUSPENSION, OR REFUSAL TO RENEW;
REPRIMAND OR PROBATION.


SECTION 1.119.  (a)  Subsections
(a), (b), and (d), Section 43.010, Human Resources
Code, are amended to read as follows:


(a)  The department may
deny, shall revoke, suspend,
or refuse to renew a license, or place on probation
a person whose license has been suspended,
or reprimand a license holder for:


(1)  violating a
violation by the license holder of this chapter
or a rule adopted under this chapter;


(2)  circumventing or attempting
to circumvent the requirements of this chapter or a
rule adopted under this chapter;


(3)  engaging in fraud
or deceit related to the requirements of this chapter
or a rule adopted under this chapter;


(4)  providing false or
misleading information to the department during the
license application or renewal process for any person's
license;


(5)  making a statement
about a material fact during the license application
or renewal process that the person knows or should
know is false;


(6)  having a criminal
history or central registry record that would prohibit
a person from working in a child-care facility, as
defined by Section 42.002, under rules applicable to
that type of facility;


(7)  using drugs or alcohol
in a manner that jeopardizes the person's ability to
function as an administrator; or


(8)  of the
board.


(b)  The department
may revoke a license if the license holder is:


(1)  convicted of
a felony;


(2)  convicted of
a misdemeanor involving fraud or deceit;


(3)  addicted to
a dangerous drug or intemperate in the use of alcohol;
or


(4)  grossly negligent
in performing duties as a child-care administrator
in a negligent manner.


(b)  A person whose license
is revoked under Subsection (a) is not eligible to
apply for another license under this chapter for a
period of five years after the date the license was
revoked.


(d)  If a license holder
is placed on probation suspension is probated,
the department may require the license holder:


(1)  to report regularly to
the department on the conditions of the probation;


(2)  to limit practice to
the areas prescribed by the department; or


(3)  to continue or renew
professional education until the practitioner attains
a degree of skill satisfactory to the department in
those areas in which improvement is a condition of
the probation.


(b)  Subsection (b), Section
43.010, Human Resources Code, as amended by this section,
applies only to a person whose license is revoked on
or after the effective date of this section.  A person
whose license is revoked before the effective date
of this section is governed by the law in effect at
the time of the revocation, and the former law is continued
in effect for that purpose.


SECTION 1.120.  Section 43.0105,
Human Resources Code, is amended to read as follows:


Sec. 43.0105.  REVOCATION
OF PROBATION.  The department may revoke the probation
of a license holder whose license is suspended
if the license holder violates a term of the conditions
of probation.


SECTION 1.121.  Section 43.0106,
Human Resources Code, is amended to read as follows:


Sec. 43.0106.  ADMINISTRATIVE
DISCIPLINARY HEARING.  (a)
 If the department denies a license or proposes
to suspend, revoke, or refuse to renew a person's license,
the person is entitled to a hearing conducted by the
State Office of Administrative Hearings.  Proceedings
for a disciplinary action are governed by the administrative
procedure law, Chapter 2001, Government Code.  Rules
of practice adopted by the executive commissioner
board under Section 2001.004, Government
Code, applicable to the proceedings for a disciplinary
action may not conflict with rules adopted by the State
Office of Administrative Hearings.


(b)  A person may not continue
to operate as a licensed child-care administrator or
child-placing agency administrator during the appeal
process if the department determines that the person
is an immediate threat to the health or safety of a
child.


(c)  The department must
notify the person, and if applicable, the governing
body of the facility that employs the person, of the
department's determination under Subsection (b).


SECTION 1.122.  Section 43.012,
Human Resources Code, is amended to read as follows:


Sec. 43.012.  PENALTY.  A
person who serves as a child-care or child-placing
agency administrator without the license required
by this chapter commits a Class C misdemeanor.


SECTION 1.123.  Subtitle D,
Title 2, Human Resources Code, is amended by adding
Chapter 45 to read as follows:



CHAPTER
45.  PRIVATIZATION OF SUBSTITUTE CARE AND CASE


MANAGEMENT SERVICES




SUBCHAPTER A.  GENERAL PROVISIONS



Sec. 45.001.  DEFINITIONS.
 In this chapter:


(1)  "Case management services"
means the provision of case management services to
a child for whom the department has been appointed
temporary or permanent managing conservator, including
caseworker-child visits, family visits, the convening
of family group conferences, the development and revision
of the case plan, the coordination and monitoring of
services needed by the child and family, and the assumption
of court-related duties, including preparing court
reports, attending judicial hearings and permanency
hearings, and ensuring that the child is progressing
toward permanency within state and federal mandates.


(2)  "Commission" means
the Health and Human Services Commission.


(3)  "Department" means
the Department of Family and Protective Services.


(4)  "Executive commissioner"
means the executive commissioner of the Health and
Human Services Commission.


(5)  "Family-based safety
services" means services designed to help children
at risk of being placed in foster care to remain safely
with their families.


(6)  "Independent administrator"
means an independent agency selected through a competitive
procurement process to:


(A)  secure, coordinate,
and manage substitute care services and case management
services in a geographically designated area of the
state; and


(B)  ensure continuity
of care for a child referred to the administrator by
the department and the child's family from the day
a child enters the child protective services system
until the child leaves the system.


(7)  "Performance-based
contracting" means the structuring of all aspects of
the procurement of services around the purpose of the
work to be performed and the desired results with the
contract requirements set forth in clear, specific,
and objective terms with measurable outcomes. Contracts
may also include provisions that link the performance
of the contractor to the level and timing of reimbursement.


(8)  "Permanency services"
means services, other than family-based safety services,
provided to secure a child's safety, permanency, and
well-being, including substitute care services, family
reunification services, adoption and postadoption services,
preparation for adult living services, and case management
services.


(9)  "Placement assessment"
means the process used by the department or another
authorized entity to determine the most appropriate,
least restrictive, safe placement resource for a child
who must be separated temporarily from the care of
the child's parents.


(10)  "Privatize" means
to contract with a private entity to provide certain
governmental services.


(11)  "Psychotropic medication"
means a drug that affects the mind through action on
the central nervous system and is prescribed for depression,
schizophrenia, attention deficit hyperactivity disorder,
seizures, and a variety of other similar conditions.


(12)  "Substitute care
provider" means a child-care institution or a child-placing
agency, as defined by Section 42.002.


(13)  "Substitute care
services" means services provided to or for children
in substitute care and their families, including the
recruitment, training, and management of foster parents,
the recruitment of adoptive families, and the facilitation
of the adoption process, family reunification, independent
living, emergency shelter, residential group care,
foster care, therapeutic foster care, and post-placement
supervision, including relative placement.  The term
does not include the regulation of facilities under
Subchapter C, Chapter 42.


Sec. 45.002.  PRIVATIZING
SUBSTITUTE CARE AND CASE MANAGEMENT SERVICES; DEPARTMENT
DUTIES.  (a)  Not later than September 1, 2011, the
department shall complete the statewide privatization
of the provision of substitute care and case management
services in this state.


(b)  On and after September
1, 2011:


(1)  all substitute care
and case management services for children for whom
the department has been appointed temporary or permanent
managing conservator must be provided by child-care
institutions and child-placing agencies;


(2)  all substitute care
and case management service providers shall, to the
best extent possible, honor the cultural and religious
affiliations of a child placed in the service provider's
care, regardless of the religious affiliation of the
service provider; and


(3)  except as provided
by Subsections (d) and (e) and notwithstanding any
other law, the department may not directly provide
substitute care and case management services.


(c)  On and after September
1, 2011, the department shall:


(1)  monitor the quality
of services for which the department and each independent
administrator contract under this chapter; and


(2)  ensure that the services
are provided in accordance with federal law and the
laws of this state, including department rules and
rules of the Department of State Health Services and
the Texas Commission on Environmental Quality.


(d)  On and after September
1, 2011, the department may provide substitute care
and case management services in an emergency.  The
executive commissioner shall adopt rules describing
the circumstances in which the department may provide
those services.


(e)  The department may
provide substitute care and case management services
as a provider of last resort as provided by Section
264.106(k), Family Code.


Sec. 45.003.  HIRING PREFERENCE.
 A substitute care or case management services provider
that contracts with the department to provide substitute
care or case management services shall:


(1)  give a preference
in hiring to qualified department employees in good
standing with the department who provide substitute
care or case management services and whose positions
with the department may be eliminated as a result of
the privatization of substitute care and case management
services; and


(2)  ensure that each subcontractor
with whom the substitute care or case management services
provider contracts for the provision of substitute
care or case management services also gives a preference
in hiring to current and former qualified department
employees whose positions with the department may be
or were eliminated as a result of the privatization
of substitute care and case management services.


Sec. 45.004.  INDEPENDENT
ADMINISTRATORS; DEPARTMENT DUTIES.  (a)  The department
shall research and develop a comprehensive strategy
for contracting for management support services from
 independent administrators on a regional basis. If
the department determines that an independent administrator
could manage and procure substitute care and case management
services contracts with private agencies and conduct
placement assessments in a more cost-beneficial manner,
the department shall implement a transition plan to
transfer the procurement, management, and oversight
of substitute care and case management services from
the department to an independent administrator, as
well as responsibility for placement assessments. If
the department determines that contracting for management
support from an independent administrator is not cost
beneficial, the privatization of substitute care and
case management services will occur as provided by
Section 45.002(b).


(b)  The comprehensive
strategy, at a minimum, must:


(1)  use competitively
procured independent administrators to procure and
manage substitute care and case management providers
in a geographic region designated by the department;


(2)  require independent
administrators to contract with private agencies that
will:


(A)  increase local foster
and adoptive placement options for all children, especially
teenagers, sibling groups, children whose race or ethnicity
is disproportionately represented in foster care, children
with severe or multiple disabilities, and other children
who are difficult to place; and


(B)  expand efforts to
recruit foster families, adoptive families, and alternative
care providers through faith-based and other targeted
recruitment programs; and


(3)  allow permanency services
providers to enter client, service, and outcome information
into the department's client data system.


(c)  Subject to the appropriation
of funds, the department shall:


(1)  enhance existing data
systems to include contract performance information;
and


(2)  implement a contracting
data system developed or procured by the department,
to track quality assurance and other contracting tools
to effectively manage, monitor, and evaluate performance-based
contracting functions.



[Sections
45.005-45.050 reserved for expansion]




SUBCHAPTER
B.  DEPARTMENT DUTIES



Sec. 45.051.  REORGANIZING
STAFF RESPONSIBILITIES.  Not later than March 1, 2006,
the department shall develop a plan for reorganizing
the department's operation to support future procurement
of, contracting with, and monitoring of private contractors
and enforcement of the licensing of facilities.  The
plan must include provisions for reducing duplication
of the department's program monitoring activities.


Sec. 45.052.  FINANCING.
 The department shall create financing and payment
arrangements that provide incentives for an independent
administrator and substitute care and case management
providers to achieve safety, permanency, and well-being
outcomes and improved system performance.  In developing
this financing arrangement, the department shall examine:


(1)  the use of case rates
or performance-based fee-for-service contracts that
include incentive payments or payment schedules that
link reimbursement to results; and


(2)  ways to reduce a contractor's
financial risk that could jeopardize the solvency of
the contractor, including the use of a risk-reward
corridor that limits risk of loss and potential profits
or the establishment of a statewide risk pool.


Sec. 45.053.  ADOPTION
OF TRANSITION PLAN.  (a)  Not later than September
30, 2005, the commission and the department shall submit
to the legislature a plan for the development of the
transition plan, including the planning structure and
process, engagement of stakeholders, and access to
experienced consultation and technical assistance.


(b)  Not later than March
1, 2006, the commission and the department shall, in
consultation with private entities under contract to
provide substitute care services for the department,
including members of the boards of directors of the
private entities and other community stakeholders,
develop and adopt a substitute care and case management
services transition plan consistent with the requirements
of Subchapter C.


(c)  The executive commissioner
shall adopt rules to implement the privatization of
substitute care and case management services in this
state.


Sec. 45.054.  REGIONAL
IMPLEMENTATION.  (a)  The department shall implement
the privatization of substitute care and case management
services on a regional basis in accordance with the
transition plan.  The transition plan must include
a schedule with deadlines for implementation of the
plan.  Subject to the requirements of Subsections (c),
(d), and (e), statewide implementation of the plan
shall be completed not later than September 1, 2011.
 The commission shall propose the first three regions
of the state for implementation of privatization based
on state demographics and shall consider including
a rural region, a metropolitan region, and a region
including border areas of the state.


(b)  The transition plan
must include a schedule with the following deadlines
for implementation of the plan:


(1)  completion of the
transition plan, not later than March 1, 2006;


(2)  release of a request
for proposal for a geographic region of the state designated
by the department, not later than April 30, 2006;


(3)  the awarding of the
contract described by Subdivision (2), not later than
September 30, 2006;


(4)  establishment of the
multidisciplinary team and necessary processes, evaluation
criteria, and monitoring tools to be used to monitor
and evaluate the performance of the contractor, not
later than September 30, 2006;


(5)  completion of the
transition of substitute care and case management services
in the first region, not later than December 31, 2007;


(6)  the review and evaluation
of the multidisciplinary team's reports pertaining
to the contractor's achievement of performance-based
milestones and the effect on the quality of permanency
services provided, annually beginning December 31,
2007;


(7)  completion of the
transition of substitute care and case management services
in the second and third regions, not later than December
1, 2009; and


(8)  completion of the
statewide implementation of contracted substitute care
and case management services for additional geographic
regions, not later than September 1, 2011.


(c)  Not later than the
first anniversary of the date the department enters
into the first contract for substitute care and case
management services under this section, the department
shall contract with a qualified, independent third
party to evaluate each phase of the privatization of
substitute care and case management services.  Each
evaluation must:


(1)  assess the performance
of substitute care and case management services based
on compliance with defined quality outcomes for children;


(2)  assess the achievement
of performance measures;


(3)  compare for quality
the performance of substitute care and case management
services provided by contractors to substitute care
and case management services provided by the department
in similar regions;


(4)  determine if contracted
services are cost beneficial; and


(5)  assess the private
sector's ability to meet the performance measures,
including service capacity, for the remaining regions.


(d)  The independent third
party with whom the department contracts under Subsection
(c) shall submit its reports and recommendations to
the House Human Services Committee, or its successor,
and the Senate Health and Human Services Committee,
or its successor.


(e)  The department shall
continue to implement the transition plan for the second
and third regions only after:


(1)  the commission reports
to the House Human Services Committee, or its successor,
and the Senate Health and Human Services Committee,
or its successor, the status of the initial transition
of services to a contractor in the first region not
later than December 31, 2006;


(2)  the independent third
party with whom the department contracts under Subsection
(c) evaluates and reports to the House Human Services
Committee, or its successor, and the Senate Health
and Human Services Committee, or its successor, on
the performance of contracted substitute care and case
management services in the first region not later than
December 31, 2008; and


(3)  the commission determines,
based on the report prepared under Subdivision (2)
or information obtained by the review required under
Subsection (b)(6), whether material modifications to
the model for privatization of substitute care and
case management services are necessary and submits
a report and recommendations to the House Human Services
Committee, or its successor, and the Senate Health
and Human Services Committee, or its successor, not
later than December 31, 2008.


(f)  The department may
not implement the transition plan for the second and
third regions before September 1, 2009.


(g)  The department shall
continue to implement the transition plan for the remaining
regions of the state only after:


(1)  the independent third
party with whom the department contracts under Subsection
(c) evaluates and reports to the House Human Services
Committee, or its successor, and the Senate Health
and Human Services Committee, or its successor, on
the performance of contracted substitute care and case
management services in the second and third regions
not later than September 1, 2010; and


(2)  the commission determines,
based on the report prepared under Subdivision (1)
or information obtained by the review required under
Subsection (b)(6), whether material modifications to
the model for privatization of substitute care and
case management services are necessary and submits
a report and recommendations to the House Human Services
Committee, or its successor, and the Senate Health
and Human Services Committee, or its successor, not
later than December 31, 2010.


(h)  Nothing in this chapter,
including the deadlines for implementing this section,
precludes the department from immediately converting
from an open-enrollment system to a statewide competitive
procurement system for substitute care.



[Sections
45.055-45.100 reserved for expansion]




SUBCHAPTER
C.  TRANSITION PLAN



Sec. 45.101.  GOALS FOR
PRIVATIZATION.  The transition plan adopted under Section
45.053 must provide for a new structural model for
the community-centered delivery of substitute care
and case management services that is based on a goal
of improving protective services, achieving timely
permanency for children in substitute care, including
family reunification, placement with a relative, or
adoption, and improving the overall well-being of children
in substitute care consistent with federal and state
mandates.


Sec. 45.102.  TRANSITION
PLAN REQUIREMENTS.  The transition plan developed by
the department and the commission must:


(1)  identify barriers
to privatization, including regional disparities in
resources, provider capacity, and population, and propose
solutions to stimulate capacity and adjust program
delivery;


(2)  provide details regarding
the target population and services by region that will
be part of the system redesign, including the number
of children and families, historic caseload trends
and service utilization information, and projected
caseloads;


(3)  provide details regarding
the roles, responsibilities, and authority assigned
to the public and private entities, including the department,
independent administrators, and substitute care and
case management providers, in making key decisions
throughout the child and family case;


(4)  include an implementation
plan to transfer all foster homes certified by the
department to private child-placing agencies, ensuring
minimum disruption to the children in foster care and
to current foster parents;


(5)  specify the limited
circumstances under which a foster home verified by
the department may continue to be verified by the department
when continuation would be in the best interest of
a child in the care of the foster home;


(6)  include a process
for assessing each child who is transferred to a private
substitute care provider to verify the child's service
needs;


(7)  include an implementation
plan to transfer all adoption services to private agencies,
including details of how and when cases will be transferred
and how adoption provider contracts and reimbursements
methods will be structured;


(8)  describe the process
to transfer the duties of case management and family
reunification services from department staff to private
agency staff, including the integration of family group
conferencing into private agency case management;


(9)  describe the manner
in which the department will procure and contract for
kinship services that are funded by the state;


(10)  provide details regarding
financial arrangements and performance expectations
for independent administrators and substitute care
and case management providers that:


(A)  provide incentives
for desired results and explicit contract performance
and outcome indicators;


(B)  describe how various
risk-based arrangements will be weighed and realistically
assessed using sound actuarial data and risk modeling
and how mechanisms will be selected to limit uncontrollable
risks that could threaten provider stability and quality;


(C)  describe how financing
options will increase flexibility to promote innovation
and efficiency in service delivery; and


(D)  provide balance between
control over key decisions and the level of risk the
contractor assumes;


(11)  require the executive
commissioner to evaluate whether existing rate structures
are appropriate to compensate substitute care providers
who enter into contracts with an independent administrator
under Section 264.106, Family Code, considering new
functions to be served by the providers, and, if necessary,
require the executive commissioner to adjust the rates
accordingly;


(12)  require the department
to enter into contracts for the provision of substitute
care and case management services as required by Section
264.106, Family Code, and describe the procurement
and contracting process, including:


(A)  stating how the department
will shift from an open-enrollment system to a competitive
procurement system;


(B)  identifying the services
that will be procured and contracted for directly with
the department and the services that will be procured
by an independent administrator; and


(C)  developing a procurement
and contracting schedule to ensure full implementation
not later than September 1, 2011;


(13)  provide for the implementation
of Sections 264.1062 and 264.107, Family Code, by describing
each party's responsibility and ensuring that the department
retains the legal authority to effectively provide
oversight;


(14)  describe formal training
required for department staff, independent administrators,
and substitute care and case management providers;


(15)  define roles and
expectations related to reporting and managing data
required to ensure quality services and meet state
and federal requirements, including data collection
responsibilities for an independent administrator and
service provider;


(16)  describe how the
transition will impact the state's ability to obtain
federal funding and examine options to further maximize
federal funding opportunities and increased flexibility;
and


(17)  describe the costs
of the transition, the initial start-up costs, and
mechanisms to periodically assess the overall adequacy
of funds and the fiscal impact of the change.



[Sections
45.103-45.150 reserved for expansion]




SUBCHAPTER
D.  MISCELLANEOUS PROVISIONS



Sec. 45.151.  PROHIBITION
ON CERTAIN CONTRACTS.  (a)  The department may not
accept a bid under this chapter from a person or award
to a person a contract under this chapter that includes
proposed financial participation by the person if:


(1)  the person participated
in preparing the bid specifications or request for
proposals on which the bid or contract is based; and


(2)  the bid specifications
or request for proposals on which the bid or contract
is based:


(A)  requires a work plan,
project design, or other criteria for participation
in the contract that is specific to that person or
likely to limit or exclude competitors who provide
similar goods or services; or


(B)  includes a scope of
required goods or services that is so narrowly defined
that it is specific to that person or likely to limit
or exclude competitors who provide similar goods or
services.


(b)  The department may
not accept a bid under this chapter from or award a
contract under this chapter to an individual or business
entity that is barred from participating in state contracts
under Section 2155.077, Government Code.


(c)  The department may
not accept a bid under this chapter from or award a
contract under this chapter to an individual or business
entity that was awarded a contract valued at $1 billion
or more during the four-year period immediately before
the date of the issuance of relevant requests for proposals
under Section 45.054.


(d)  If the department
determines that an individual or business entity holding
a contract under this chapter was ineligible to have
the contract accepted or awarded under Subsection (a),
(b), or (c), the department may immediately terminate
the contract without further obligation to the vendor.


Sec. 45.152.  SUBCONTRACTOR
PAYMENT.  The existence of a dispute between the department
and a contractor regarding a contract under this chapter
does not justify nonpayment of a subcontractor for
work completed by the subcontractor under the contract
if the subcontractor has completed the work in a satisfactory
manner and the work has been approved by the department
and the contractor.


Sec. 45.153.  EXPIRATION.
 This chapter expires September 1, 2012.


SECTION 1.124.  Section 21.01,
Penal Code, is amended by adding Subdivision (4) to
read as follows:


(4)  "Spouse" means a person
to whom a person is legally married under Subtitle
A, Title 1, Family Code, or a comparable law of another
jurisdiction.


SECTION 1.125.  (a)  Section
22.04, Penal Code, is amended by adding Subsection
(a-1) and amending Subsections (b) through (g) to read
as follows:


(a-1)  A person commits
an offense if the person is an owner, operator, or
employee of a group home, nursing facility, assisted
living facility, intermediate care facility for persons
with mental retardation, or other institutional care
facility and the person intentionally, knowingly, recklessly,
or with criminal negligence by omission causes to a
child, elderly individual, or disabled individual who
is a resident of that group home or facility:


(1)  serious bodily injury;


(2)  serious mental deficiency,
impairment, or injury;


(3)  bodily injury; or


(4)  exploitation.


(b)  An omission that causes
a condition described by Subsection (a)(1), (2),
or (3) or (a-1)(1), (2), (3), or (4) Subsections
(a)(1) through (a)(3) is conduct constituting
an offense under this section if:


(1)  the actor has a legal
or statutory duty to act; or


(2)  the actor has assumed
care, custody, or control of a child, elderly individual,
or disabled individual.


(c)  In this section:


(1)  "Child" means a person
14 years of age or younger.


(2)  "Elderly individual"
means a person 65 years of age or older.


(3)  "Disabled individual"
means a person older than 14 years of age who by reason
of age or physical or mental disease, defect, or injury
is substantially unable to protect himself from harm
or to provide food, shelter, or medical care for himself.


(4)  "Exploitation" means
the illegal or improper use of an individual or of
the resources of the individual for monetary or personal
benefit, profit, or gain.


(d)  For purposes of an
omission that causes a condition described by Subsection
(a)(1), (2), or (3), the The
actor has assumed care, custody, or control if he has
by act, words, or course of conduct acted so as to
cause a reasonable person to conclude that he has accepted
responsibility for protection, food, shelter, and medical
care for a child, elderly individual, or disabled individual.
 For purposes of an omission that causes a condition
described by Subsection (a-1)(1), (2), (3), or (4),
the actor acting during the actor's capacity as owner,
operator, or employee of a group home or facility described
by Subsection (a-1) is considered to have accepted
responsibility for protection, food, shelter, and medical
care for the child, elderly individual, or disabled
individual who is a resident of the group home or facility.


(e)  An offense under Subsection
(a)(1) or (2) or (a-1)(1) or (2) is a felony
of the first degree when the conduct is committed intentionally
or knowingly.  When the conduct is engaged in recklessly,
the offense is it shall be a
felony of the second degree.


(f)  An offense under Subsection
(a)(3) or (a-1)(3) or (4) is a felony of the
third degree when the conduct is committed intentionally
or knowingly.  When the conduct is engaged in recklessly,
the offense is it shall be a
state jail felony.


(g)  An offense under Subsection
(a) is a state jail felony when the person acts
with criminal negligence shall be a state
jail felony.  An offense under Subsection
(a-1) is a state jail felony when the person, with
criminal negligence and by omission, causes a condition
described by Subsection (a-1)(1), (2), (3), or (4).


(b)  The change in law made
by this section applies only to an offense committed
on or after the effective date of this section.  An
offense committed before the effective date of this
section is covered by the law in effect when the offense
was committed, and the former law is continued in effect
for that purpose.  For the purposes of this subsection,
an offense was committed before the effective date
of this section if any element of the offense was committed
before that date.


SECTION 1.126.  Subdivision
(3), Article 56.01, Code of Criminal Procedure, is
amended to read as follows:


(3)  "Victim" means a person
who is the victim of the offense of sexual assault,
kidnapping, or aggravated robbery,
or injury to a child, elderly individual, or disabled
individual or who has suffered bodily injury or
death as a result of the criminal conduct of another.


SECTION 1.127.  (a)  Subchapter
A, Chapter 102, Code of Criminal Procedure, is amended
by adding Article 102.0186 to read as follows:


Art. 102.0186.  ADDITIONAL
COSTS ATTENDANT TO CERTAIN CHILD SEXUAL ASSAULT AND
RELATED CONVICTIONS.  (a)  A person convicted of an
offense under Section 21.11, 22.011(a)(2), 22.021(a)(1)(B),
43.25, 43.251, or 43.26, Penal Code, shall pay $100
on conviction of the offense.


(b)  Costs imposed under
this article are imposed without regard to whether
the defendant is placed on community supervision after
being convicted of the offense or receives deferred
adjudication for the offense.


(c)  The clerks of the
respective courts shall collect the costs and pay them
to the county treasurer or to any other official who
discharges the duties commonly delegated to the county
treasurer for deposit in a fund to be known as the
county child abuse prevention fund.  A fund designated
by this subsection may be used only to fund child abuse
prevention programs in the county where the court is
located.


(d)  The county child abuse
prevention fund shall be administered by or under the
direction of the commissioners court.


(b)  The change in law made
by this section applies only to an offense committed
on or after the effective date of this section.   An
offense committed before the effective date of this
section is covered by the law in effect when the offense
was committed, and the former law is continued in effect
for that purpose.  For purposes of this section, an
offense was committed before the effective date of
this section if any element of the offense was committed
before that date.


SECTION 1.128.  TRAINING FOR
CHILD PROTECTIVE SERVICES.  (a)  In this section:


(1)  "Commission" means the
Health and Human Services Commission.


(2)  "Health and human services
agencies" has the meaning assigned by Section 531.001,
Government Code.


(3)  "Training for child protective
services" means training administered by a state agency
or an institution of higher education that is provided
to individuals working or interested in working in
the field of child protective services and that is
intended to assist the individuals in performing that
work more effectively or efficiently.


(b)  The commission shall
study the feasibility of providing a financial incentive
to individuals to assist the individuals in receiving
training for child protective services.


(c)  The study must:


(1)  consider the feasibility
of creating a private foundation to solicit and receive
money that will be used to assist those individuals;


(2)  consider possible means
of providing a financial incentive, including educational
or living stipends or reimbursement of tuition costs,
to assist those individuals and determine the most
effective means to deliver the incentives;


(3)  suggest criteria that
those individuals must meet to receive the financial
incentives;


(4)  estimate the initial
cost and annual cost to this state of providing the
financial incentives to those individuals; and


(5)  estimate the savings
and costs associated with improved training of those
individuals that may result from providing the financial
incentives.


(d)  In conducting the study
under Subsection (b) of this section, the commission
may cooperate as necessary with any appropriate state
agency.


(e)  Not later than September
1, 2006, the commission shall report the results of
the study to the standing committees of the senate
and house of representatives with primary jurisdiction
over health and human services programs or appropriations.


SECTION 1.129.  REPEALER.
 The following provisions of the Human Resources Code
are repealed:


(1)  Subdivision (1), Section
40.001;


(2)  Section 40.028;


(3)  Section 40.029;


(4)  Subsections (b) and (c),
Section 40.0305; and


(5)  Subsection (c), Section
43.010.



ARTICLE
2.  ADULT PROTECTIVE SERVICES



SECTION 2.01.  Subchapter
B, Chapter 40, Human Resources Code, is amended by
adding Section 40.0315 to read as follows:


Sec. 40.0315.  INVESTIGATION
UNIT FOR ADULT PROTECTIVE SERVICES.  (a)  The adult
protective services division of the department shall
maintain an investigation unit to investigate allegations
of abuse, neglect, and exploitation of elderly and
disabled persons reported to the division.


(b)  An investigator in
the unit shall determine whether an elderly or disabled
person who is the subject of a report made under Section
48.051(a) may have suffered from abuse, neglect, or
exploitation as a result of the criminal conduct of
another person.  If the investigator determines that
criminal conduct may have occurred, the investigator
shall immediately notify the appropriate law enforcement
agency.


SECTION 2.02.  Subchapter
B, Chapter 40, Human Resources Code, is amended by
adding Sections 40.0322 and 40.0323 to read as follows:


Sec. 40.0322.  QUALIFICATIONS
FOR ADULT PROTECTIVE SERVICES PERSONNEL; RECRUITMENT.
 (a)  In hiring department employees whose duties include
providing services as part of, or relating to, the
provision of adult protective services directly to
an elderly or disabled person, the commissioner shall
ensure that the department hires, as often as possible,
persons with professional credentials related to adult
protective services, including persons who are licensed
master social workers, as defined by Section 505.002,
Occupations Code, or licensed professional counselors.


(b)  Subject to the availability
of funds, the executive commissioner by rule shall
develop and the department shall implement a recruiting
program designed to attract and retain for employment
in the adult protective services division persons with
professional credentials described by Subsection (a).


(c)  Subject to the availability
of funds, the executive commissioner by rule shall
develop and the department shall implement an incentive
program to encourage each department employee whose
duties include the duties described by Subsection (a)
to obtain professional credentials described by that
subsection if the employee does not have those credentials.


Sec. 40.0323.  COORDINATION
REGARDING RECRUITMENT FOR AND CURRICULUM OF CERTAIN
CERTIFICATE OR DEGREE PROGRAMS.  Subject to the availability
of funds, the department and the Texas Higher Education
Coordinating Board jointly shall develop strategies
to:


(1)  promote certificate
or degree programs in the fields of social work and
psychology to individuals enrolled in or admitted to
institutions of higher education in this state; and


(2)  ensure that persons
receiving a certificate or degree, including a graduate
degree, in social work or psychology from an institution
of higher education in this state have the knowledge
and skills regarding protective services that are provided
directly to elderly or disabled persons and necessary
for successful employment by the adult protective services
division of the department.


SECTION 2.03.  Subchapter
B, Chapter 40, Human Resources Code, is amended by
adding Section 40.035 to read as follows:


Sec. 40.035.  TRAINING
PROGRAM FOR ADULT PROTECTIVE SERVICES; CONTINUING EDUCATION.
 (a)  The department shall develop and implement a
training program that each newly hired or assigned
department employee must complete before:


(1)  initiating an investigation
of a report of alleged abuse, neglect, or exploitation
of an elderly or disabled person under Chapter 48;
or


(2)  providing protective
services to elderly or disabled persons under that
chapter.


(b)  The training program
must:


(1)  provide the person
with appropriate comprehensive information regarding:


(A)  the incidence and
types of reports of abuse, neglect, and exploitation
of elderly or disabled persons that are received by
the department, including information concerning false
reports; and


(B)  the use and proper
implementation of:


(i)  the risk assessment
criteria developed under Section 48.004;


(ii)  the criteria used
by caseworkers to determine whether elderly or disabled
persons lack capacity to consent to receive protective
services; and


(iii)  the legal procedures
available under Chapter 48 for the protection of elderly
or disabled persons, including the procedures for obtaining
a court order for emergency protective services under
Section 48.208;


(2)  include best practices
for management of a case from the intake process to
the provision of protective services, including criteria
that specify the circumstances under which an employee
should:


(A)  consult a supervisor
regarding a case; or


(B)  refer an elderly or
disabled person to an appropriate public agency or
community service provider for guardianship or other
long-term services after the delivery of protective
services to that person has been completed;


(3)  provide appropriate
specialized training in any necessary topics, including:


(A)  investigation of suspected
identity theft and other forms of financial exploitation
and suspected self-neglect; and


(B)  establishment and
maintenance of working relationships with community
organizations and other local providers who provide
services to elderly and disabled persons;


(4)  include on-the-job
training, which must require another department caseworker
with more experience to accompany and train the caseworker
in the field;


(5)  provide for the development
of individualized training plans;


(6)  include training in
working with law enforcement agencies and the court
system when legal intervention is sought for investigations
or emergency orders;


(7)  to the maximum extent
possible, include nationally recognized best practices
in addition to the best practices required under Subdivision
(2); and


(8)  include testing, progress
reports, or other evaluations to assess the performance
of trainees.


(c)  The department at
least annually shall provide comprehensive case management
training to supervisors of department employees who
conduct investigations under Chapter 48.  The training
must be designed to enable the supervisors to provide
guidance on investigations of reports of alleged abuse,
neglect, or exploitation that are complex or present
unique problems.


(d)  The department shall
develop and implement appropriate continuing education
programs for employees of the adult protective services
division who have completed initial training under
this section.  The continuing education programs must
include nationally recognized best practices to the
maximum extent possible and must be designed to provide
an annual update regarding changes in:


(1)  adult protective services
division policies and procedures; and


(2)  applicable law, including
statutory changes affecting the adult protective services
division or elderly or disabled persons served by the
division.


(e)  A department employee
required to participate in a continuing education program
under this section must complete the program at least
once each calendar year.


(f)  The department shall:


(1)  make curriculum developed
for a training or continuing education program under
this section readily available to department employees
in written form; and


(2)  periodically revise
a training and continuing education program established
under this section as necessary to satisfy training
needs identified by the department or department employees.


(g)  The circumstances
specified under Subsection (b)(2) under which an employee
should consult a supervisor regarding a case must be
consistent with the risk assessment criteria developed
under Section 48.004 that require consultation with
a supervisor.


(h)  The executive commissioner
by rule shall provide policies and procedures by which
the department incorporates examples of actual cases
investigated by the department in the training programs
under this section for use as training tools.


(i)  In implementing the
training program and continuing education programs
under this section, the department, to the maximum
extent possible, shall contract with persons who are
not department employees to conduct the programs.


SECTION 2.04.  (a)  Subchapter
C, Chapter 40, Human Resources Code, is amended by
adding Section 40.0515 to read as follows:


Sec. 40.0515.  QUALITY
ASSURANCE PROGRAM FOR ADULT PROTECTIVE SERVICES; QUARTERLY
REPORTS.  (a)  The department shall develop and implement
a quality assurance program for adult protective services
provided by or on behalf of the department.


(b)  In developing the
program, the department shall establish:


(1)  client-centered outcome
measures for each of the following functions of the
adult protective services program:


(A)  intake process;


(B)  investigations;


(C)  risk assessment determinations;
and


(D)  delivery of protective
services;


(2)  minimum job performance
standards for personnel and each work department of
the adult protective services division of the department;
and


(3)  procedures for conducting
periodic performance reviews to monitor compliance
with the standards established under Subdivision (2),
which must include requirements that, for each caseworker
in the adult protective services division of the department,
a supervisor shall conduct:


(A)  at least two performance
reviews each year, if the employee has less than two
years of adult protective services casework experience;
and


(B)  at least one performance
review each year, if the employee has at least two
years of adult protective services casework experience.


(c)  The department shall
promptly address a person's or work department's failure
to meet minimum job performance standards established
under Subsection (b)(2):


(1)  by issuing to the
person or work department, as appropriate, a corrective
action plan detailing the actions required to comply
with the standards; or


(2)  if necessary, through
disciplinary action, including a person's demotion
or discharge, for repeated failure to meet the standards.


(d)  A performance review
conducted under Subsection (b)(3) is considered a performance
evaluation for purposes of Section 40.032(c).  The
department shall ensure that disciplinary or other
corrective action is taken against a supervisor or
other managerial employee who is required to conduct
a performance evaluation under Section 40.032(c) or
a performance review under Subsection (b)(3) and who
fails to complete that evaluation or review in a timely
manner.


(e)  The annual performance
evaluation required under Section 40.032(c) of the
performance of a supervisor in the adult protective
services division must:


(1)  be performed by an
appropriate program administrator; and


(2)  include:


(A)  an evaluation of the
supervisor with respect to the job performance standards
applicable to the supervisor's assigned duties; and


(B)  an evaluation of the
supervisor with respect to the compliance of employees
supervised by the supervisor with the job performance
standards applicable to those employees' assigned duties.


(f)  A summary of the findings
of outcome measures established and performance reviews
conducted under this section must be reported to regional
directors and other senior management employees of
the adult protective services division.


(g)  Each fiscal quarter
the department shall file with the governor and the
presiding officer of each house of the legislature
a report that includes:


(1)  a comprehensive review
of the adult protective services division's overall
performance during the preceding quarter; and


(2)  a summary of the adult
protective services division's performance during the
preceding quarter on each of the outcome measures established
under Subsection (b)(1).


(b)  The Department of Family
and Protective Services shall submit the initial report
required under Section 40.0515, Human Resources Code,
as added by this section, not later than February 1,
2006.


SECTION 2.05.  Subchapter
C, Chapter 40, Human Resources Code, is amended by
adding Section 40.0527 to read as follows:


Sec. 40.0527.  PUBLIC AWARENESS.
 (a)  Subject to the availability of funds, the executive
commissioner by rule shall develop and the department
shall implement a statewide public awareness campaign
designed to educate the public regarding the abuse,
neglect, and exploitation of elderly and disabled persons.


(b)  The department may
use mass communications media, the Internet, publications,
or other means of public education in conducting the
campaign.


(c)  A public awareness
strategy implemented for the program must include:


(1)  the provision of information
on the incidence and types of reports of abuse, neglect,
and exploitation of elderly or disabled persons; and


(2)  practices that can
reduce the incidences of abuse, neglect, and exploitation
of elderly or disabled persons in this state.


(d)  The department shall
enlist the support and assistance of civic, philanthropic,
and public service organizations in the performance
of the duties imposed under this section.


SECTION 2.06.  Subchapter
A, Chapter 48, Human Resources Code, is amended by
adding Section 48.004 to read as follows:


Sec. 48.004.  RISK ASSESSMENT.
 The executive commissioner by rule shall develop and
maintain risk assessment criteria for use by department
personnel in determining whether an elderly or disabled
person is in imminent risk of abuse, neglect, or exploitation
or in a state of abuse, neglect, or exploitation and
needs protective services.  The criteria must:


(1)  provide for a comprehensive
assessment of the person's:


(A)  environmental, physical,
medical, mental health, and financial condition;


(B)  social interaction
and support; and


(C)  need for legal intervention;
and


(2)  specify the circumstances
under which a caseworker must consult with a supervisor
regarding a case.


SECTION 2.07.  Subchapter
A, Chapter 48, Human Resources Code, is amended by
adding Sections 48.005 and 48.006 to read as follows:


Sec. 48.005.  MAINTENANCE
OF RECORDS.  Notwithstanding Chapter 441, Government
Code, or any other law, and subject to the availability
of funds, the department shall maintain in an electronic
format a summary of all records related to investigations
of reports made under Section 48.051 that includes
only critical information with respect to those investigations
that will enable the department to research the history
of a person's involvement in the investigated cases.


Sec. 48.006.  COMMUNITY
SATISFACTION SURVEY.  (a)  Subject to the availability
of funds, the department shall develop a community
satisfaction survey that solicits information regarding
the department's performance with respect to providing
investigative and adult protective services.  In each
region, the department shall send the survey at least
annually to:


(1)  stakeholders in the
adult protective services system, including local law
enforcement agencies and prosecutors' offices;


(2)  protective services
agencies, including nonprofit agencies; and


(3)  courts with jurisdiction
over probate matters.


(b)  The department shall
send the results of each region's survey to:


(1)  the region for evaluation
by regional and program administrators and implementation
of changes necessary to address community concerns;


(2)  the presiding judge
of the statutory probate courts in that region; and


(3)  courts with jurisdiction
over probate matters in that region.


(c)  The department may
not include any confidential information in the results
of the survey provided under Subsection (b)(2) or (3)
unless ordered by a court.


SECTION 2.08.  Section 48.051,
Human Resources Code, is amended by adding Subsection
(e) to read as follows:


(e)  If a person who makes
a report under this section chooses to give self-identifying
information, the caseworker who investigates the report
shall contact the person if necessary to obtain any
additional information required to assist the person
who is the subject of the report.


SECTION 2.09.  Section 48.101,
Human Resources Code, is amended by amending Subsections
(d) and (e) and adding Subsections (d-1), (e-1), (g),
and (g-1) to read as follows:


(d)  The executive commissioner
shall adopt rules providing department
or investigating state agency by rule shall provide
for the release, on request, to a person
who is the subject of a report of abuse, neglect, or
exploitation or to that person's legal representative
of otherwise confidential information relating to that
report.  The department or investigating state agency
shall edit the information before release to protect
the confidentiality of information relating to the
reporter's identity and to protect any other individual
whose safety or welfare may be endangered by disclosure.


(d-1)  Subject to Subsection
(e-1), the executive commissioner shall adopt rules
providing for the release, on request, by the department
or investigating state agency of otherwise confidential
information relating to a person who is the subject
of a report or investigation of abuse, neglect, or
exploitation or to whom the department has provided
protective services, to:


(1)  a court that has a
matter pending before it that involves the person;


(2)  the attorney ad litem
or any other legal representative, other than a guardian,
appointed for the person; and


(3)  the person's legal
guardian.


(e)  The executive commissioner
department or investigating state agency
may adopt rules relating to the release of information
by the department or investigating state agency
that is contained in the record of a deceased individual
who was the subject of an investigation conducted by
the department or investigating state agency or to
whom the department has provided protective services.
 The rules must be consistent with the purposes of
this chapter and any applicable state or federal law.
 The executive commissioner shall adopt rules, subject
to Subsection (e-1), that provide for the release,
on request, of otherwise confidential information in
the deceased person's record to the personal representative
appointed for the person's estate.


(e-1)  Information released
by the department or an investigating state agency
under Subsection (d-1) or to a personal representative
under Subsection (e) may not include the identity of
the person who made the report of abuse, neglect, or
exploitation.


(g)  The department may
establish procedures to exchange with a community service
provider or local governmental entity confidential
information relating to a report made under Section
48.051(a) that is necessary for the department, provider,
or entity to provide protective services, health care
services, housing services, or social services to the
person who is the subject of the report.  An exchange
of information under this subsection does not affect
whether the information is subject to disclosure under
Chapter 552, Government Code.


(g-1)  The executive commissioner
by rule shall provide policies and procedures that
are designed to guard against the unauthorized release
or dissemination of confidential information that is
exchanged under Subsection (g).


SECTION 2.10.  (a)  Subchapter
D, Chapter 48, Human Resources Code, is amended by
adding Section 48.1521 to read as follows:


Sec. 48.1521.  INVESTIGATION
OF COMPLEX CASES.  (a)  The department shall develop
and implement a system to ensure that, to the greatest
extent possible, investigations conducted by the department
that involve especially complex issues of abuse, neglect,
or exploitation, such as issues associated with identity
theft and other forms of financial exploitation, are:


(1)  assigned to personnel
who have experience and training in those issues; and


(2)  monitored by a special
task unit for complex cases.


(b)  Each county with a
population of 250,000 or more shall appoint persons
to serve as standing members of a special task unit
to monitor cases that arise in the county and require
monitoring as provided by Subsection (a).  The standing
members of each special task unit must include:


(1)  a provider of mental
health services or aging services or a representative
of a nonprofit entity serving persons with disabilities;


(2)  a representative of
a law enforcement agency; and


(3)  a legal expert.


(c)  In addition to the
standing members specified by Subsection (b), the special
task unit:


(1)  must include, for
purposes of monitoring a particular case, the caseworker
on the case and the caseworker's supervisor; and


(2)  may include a financial
forensics expert and any other person with expertise
that would be useful in monitoring a particular case.


(d)  The department shall
develop and make available to each county described
by Subsection (b) a manual to assist the county in
establishing and operating the special task unit required
by this section.  The manual must describe:


(1)  the purpose and potential
benefits of the unit;


(2)  a description of the
monitoring process the unit is expected to follow and
potential problems the unit may encounter;


(3)  the composition and
administration of the unit; and


(4)  the department's criteria
for selecting cases to be monitored by the unit.


(e)  Before the special
task unit makes a recommendation that a guardian be
appointed for a person in a case being monitored by
the unit, the unit shall thoroughly consider all less-restrictive
alternatives for legal intervention in the case.


(b)  The Department of Family
and Protective Services shall develop the manual required
by Subsection (d), Section 48.1521, Human Resources
Code, as added by Subsection (a) of this section, as
soon as possible after the effective date of this article.
 In developing the manual, the department shall use
Wisconsin's Elder Abuse Interdisciplinary Team Manual
as a model.


SECTION 2.11.  Subchapter
D, Chapter 48, Human Resources Code, is amended by
adding Section 48.1522 to read as follows:


Sec. 48.1522.  REPORTS
OF CRIMINAL CONDUCT TO LAW ENFORCEMENT AGENCY.  If
during the course of the department's or another state
agency's investigation of reported abuse, neglect,
or exploitation a caseworker of the department or other
state agency, as applicable, or the caseworker's supervisor
has cause to believe that the elderly or disabled person
has been abused, neglected, or exploited by another
person in a manner that constitutes a criminal offense
under any law, including Section 22.04, Penal Code,
the caseworker or supervisor shall:


(1)  immediately notify
an appropriate law enforcement agency; and


(2)  provide the law enforcement
agency with a copy of the investigation report of the
department or other state agency, as applicable, in
a timely manner.


SECTION 2.12.  Subchapter
D, Chapter 48, Human Resources Code, is amended by
adding Section 48.1523 to read as follows:


Sec. 48.1523.  MANAGEMENT
REVIEW FOLLOWING CERTAIN INVESTIGATIONS.  If the department
receives and investigates a report made under Section
48.051, the subject of which is a person with respect
to whom the department received and investigated two
previous reports under that section and closed those
investigations, an adult protective services supervisor
shall:


(1)  classify the case
as a recidivist case;


(2)  review the reports
and investigation files concerning that person; and


(3)  assist the caseworker
and supervisor investigating the third report in developing
a long-term plan for resolving the issues involved
in the case.


SECTION 2.13.  Subchapter
D, Chapter 48, Human Resources Code, is amended by
adding Section 48.159 to read as follows:


Sec. 48.159.  INTERNAL
REVIEW OF DEPARTMENT INVESTIGATION.  The department
shall establish procedures for conducting an internal
review of completed investigations conducted by the
department under this chapter to:


(1)  determine whether
information obtained during the intake process was
sufficient and accurate;


(2)  assess whether telephone
calls were appropriately routed;


(3)  assess whether investigations
were appropriately classified and prioritized;


(4)  evaluate the case
reports for any special issues or requirements;


(5)  assess whether appropriate
law enforcement agencies were notified of any suspected
criminal conduct; and


(6)  identify other relevant
information to enable the department to take any corrective
action necessary to improve the process of conducting
investigations under this chapter.


SECTION 2.14.  Section 48.202,
Human Resources Code, is amended to read as follows:


Sec. 48.202.  SERVICE DETERMINATION
BY DEPARTMENT OR AGENCY.  (a)  In an investigation
the department or state agency, as appropriate, shall
determine:


(1)  whether the person needs
protective services from the department;


(2)  what services are needed;


(3)  whether services are
available from the department, from the state agency,
or in the community and how they can be provided;


(4)  whether the person, acting
alone, would be capable of obtaining needed services
and could bear the cost or would be eligible for services
from the department or state agency;


(5)  whether a caretaker would
be willing to provide services or would agree to their
provision provisions;


(6)  whether the elderly or
disabled person desires the services; and


(7)  whether the person
needs legal intervention to resolve the person's abuse,
neglect, or exploitation and, if so, what type of intervention
is needed; and


(8)  other pertinent
data.


(b)  If the department
or state agency, as appropriate, determines under Subsection
(a)(1) that a person needs protective services, the
department or agency shall, in determining how those
services can be provided as required by Subsection
(a)(3), determine whether the person is eligible for
community-based long-term care services and whether
those services are available.  If the person is eligible
for those services, but the services are not immediately
available, the department or state agency shall ensure
that the person is placed on an appropriate waiting
list for the services and that the person's abuse,
neglect, or exploitation is resolved before the department
closes the case.


SECTION 2.15.  Subsections
(a) and (b), Section 48.205, Human Resources Code,
are amended to read as follows:


(a)  Subject to the availability
of funds, the The department
shall may provide direct
protective services or contract with protective services
agencies for the provision provisions
of those services.


(b)  The department shall
use existing resources and services of public and private
agencies in providing protective services.  If the
department does not have existing resources to provide
direct protective services to elderly or disabled persons,
the department, subject to the availability of funds,
shall contract with protective services agencies for
the provision of those services, especially to elderly
or disabled persons residing in rural or remote areas
of this state or not previously served by the department.


SECTION 2.16.  Section 48.208,
Human Resources Code, is amended by amending Subsection
(e) and adding Subsections (c-1), (c-2), (c-3), (c-4),
(c-5), (d-1), (e-1), and (e-2) to read as follows:


(c-1)  Notwithstanding
Subsection (c)(4), in lieu of a medical report described
by Subsection (c)(4), the petition may include an assessment
of the elderly or disabled person's health status as
described by Subsection (c-2) or psychological status
as described by Subsection (c-3), or a medical opinion
of the elderly or disabled person's health status as
described by Subsection (c-4), if the department determines,
after making a good faith effort, that a physician
from whom the department may obtain the medical report
is unavailable.  The department shall ensure that the
person who performs an assessment of the elderly or
disabled person's health or psychological status has
training and experience in performing the applicable
assessment.


(c-2)  Except as provided
by Subsection (c-4), an assessment of the elderly or
disabled person's health status must be performed by
a physician assistant or advanced practice nurse. 
The person performing the assessment shall sign a report
stating:


(1)  that the elderly or
disabled person is reported to be suffering from abuse,
neglect, or exploitation, which may present a threat
to the person's life or physical safety;


(2)  whether the elderly
or disabled person has provided the person's medical
history to the physician assistant or advanced practice
nurse, as applicable; and


(3)  that in the professional
opinion of the physician assistant or advanced practice
nurse, as applicable, the issuance of an emergency
order authorizing protective services without the elderly
or disabled person's consent is necessary under the
circumstances.


(c-3)  An assessment of
the elderly or disabled person's psychological status
must be performed by a licensed psychologist or master
social worker who has training and expertise in issues
related to abuse, neglect, and exploitation.  The person
performing the assessment shall sign a report stating:


(1)  that the elderly or
disabled person is reported to be suffering from abuse,
neglect, or exploitation, which may present a threat
to the person's life or physical safety; and


(2)  that in the professional
opinion of the licensed psychologist or master social
worker, as applicable, the issuance of an emergency
order authorizing protective services without the elderly
or disabled person's consent is necessary under the
circumstances.


(c-4)  A registered nurse
may perform a nursing assessment of the elderly or
disabled person's health status.  If the registered
nurse, based on the registered nurse's professional
nursing judgment, determines that the elderly or disabled
person is likely to be suffering from abuse, neglect,
or exploitation, which may present a threat to the
person's life or physical safety, the registered nurse
shall report that assessment to a physician.  After
the registered nurse reports the assessment, the physician
shall sign a written opinion stating whether:


(1)  the elderly or disabled
person is reported to be suffering from abuse, neglect,
or exploitation, which may present a threat to the
person's life or physical safety; and


(2)  the issuance of an
emergency order authorizing protective services without
the elderly or disabled person's consent is necessary
under the circumstances.


(c-5)  The physician may
use the registered nurse's assessment of the elderly
or disabled person's health status as the basis of
the physician's professional opinion under Subsection
(c-4).


(d-1)  If the court renders
an order that is based on a petition including an assessment
under Subsection (c-2) or (c-3) or a medical opinion
under Subsection (c-4), the court shall order that
the elderly or disabled person be examined by a physician
not later than 72 hours after the time the provision
of protective services begins.  After performing the
examination, the physician shall sign and submit to
the court a medical report stating the physician's
opinion whether the elderly or disabled person is:


(1)  suffering from abuse,
neglect, or exploitation presenting a threat to life
or physical safety; and


(2)  physically or mentally
incapable of consenting to services.


(e)  The emergency order expires
at the end of 72 hours from the time of
the order is rendered unless:


(1)  the emergency order
terminates as provided by Subsection (e-1);


(2)  the 72-hour period
ends on a Saturday, Sunday, or legal holiday in which
event the order is automatically extended to 4 p.m.
on the first succeeding business day; or


(3)  the court extends
the order as provided by Subsection (e-2).


(e-1)  An emergency order
that was rendered based on a petition that included
an assessment under Subsection (c-2) or (c-3) or a
medical opinion under Subsection (c-4) immediately
terminates if the medical report issued under Subsection
(d-1) states the physician's opinion that the elderly
or disabled person:


(1)  is not suffering from
abuse, neglect, or exploitation presenting a threat
to life or physical safety; or


(2)  is physically or mentally
capable of consenting to services.


(e-2)  The court may extend
an emergency order issued under this section  An
order may be renewed for a period of
not more than 30 14 additional
days.  An extension A renewal
order that ends on a Saturday, Sunday, or legal holiday
is automatically extended to 4 p.m. on the first succeeding
business day.  The court may modify or terminate the
emergency order on petition of the department, the
incapacitated person, or any person interested in his
welfare.


SECTION 2.17.  Section 531.0162,
Government Code, is amended by adding Subsections (c)
and (d) to read as follows:


(c)  Subject to available
appropriations, the commission shall use technology
whenever possible in connection with the adult protective
services program of the Department of Family and Protective
Services to:


(1)  provide for automated
collection of information necessary to evaluate program
effectiveness using systems that integrate collection
of necessary information with other routine duties
of caseworkers and other service providers; and


(2)  consequently reduce
the time that caseworkers and other service providers
are required to use in gathering and reporting information
necessary for program evaluation.


(d)  The commission shall
include representatives of the private sector in the
technology planning process used to determine appropriate
technology for the adult protective services program
of the Department of Family and Protective Services.


SECTION 2.18.  (a)  Section
531.048, Government Code, is amended by adding Subsection
(g) to read as follows:


(g)  The executive commissioner
shall develop and, subject to the availability of funds,
implement a caseload management reduction plan to reduce,
not later than January 1, 2011, caseloads for caseworkers
employed by the adult protective services division
of the Department of Family and Protective Services
to a level that does not exceed professional caseload
standards by more than five cases per caseworker. 
The plan must provide specific annual targets for caseload
reduction.


(b)  Not later than January
1, 2006, the executive commissioner of the Health and
Human Services Commission shall adopt rules establishing
the caseload management reduction plan as provided
by Subsection (g), Section 531.048, Government Code,
as added by this section.


(c)  Not later than December
31 of each even-numbered year, the executive commissioner
of the Health and Human Services Commission shall prepare
a report regarding the implementation of the plan provided
by Subsection (g), Section 531.048, Government Code,
as added by this section.  The report must include
an assessment of the effect of the plan on reducing
caseloads and the amount of funding necessary to fully
implement the plan during the next biennium.  The executive
commissioner shall submit the report to the governor,
the lieutenant governor, the speaker of the house of
representatives, and the presiding officer of each
house and senate standing committee having jurisdiction
over adult protective services.


SECTION 2.19.  LOCAL ADULT
PROTECTIVE SERVICES BOARDS.  (a)  The standing committee
of the senate having jurisdiction over adult protective
services shall conduct a study regarding the feasibility
of establishing a system by which adult protective
services are provided through a statewide network of
local adult protective services boards.  Each local
adult protective services board would:


(1)  serve a designated local
adult protective services area;


(2)  develop a local adult
protective services plan for approval by the Department
of Family and Protective Services; and


(3)  receive a block grant
through the department to provide adult protective
services in accordance with the approved local adult
protective services plan.


(b)  The standing committee
of the senate having jurisdiction over adult protective
services must include the results of the study conducted
under this section and recommendations regarding implementation
of the local adult protective services board system
in the committee's interim report to the 80th Legislature.


SECTION 2.20.  PILOT PROGRAM
FOR MONITORING CERTAIN UNLICENSED LONG-TERM CARE FACILITIES.
 (a)  In this section:


(1)  "Disabled person" has
the meaning assigned by Section 48.002, Human Resources
Code.


(2)  "Elderly person" has
the meaning assigned by Section 48.002, Human Resources
Code.


(3)  "Long-term care facility"
means:


(A)  a nursing home or related
institution;


(B)  an assisted living facility;


(C)  an ICF-MR, as defined
by Section 531.002, Health and Safety Code;


(D)  a community home subject
to Chapter 123, Human Resources Code; or


(E)  any other residential
arrangement that provides care to four or more adults
who are unrelated to the proprietor of the establishment.


(b)  The executive commissioner
of the Health and Human Services Commission by rule
shall develop and implement a pilot program in which
local task forces composed of health care providers,
representatives from governmental entities, and local
government officials are created to:


(1)  identify, through a coordination
of efforts and resources, persons establishing or operating:


(A)  long-term care facilities
providing personal care services, health-related services,
or other care to elderly or disabled persons without
being licensed or providing disclosures as required
by state law; or 


(B)  residential facilities
or arrangements providing personal care services or
other care in violation of state law to three or fewer
elderly or disabled persons who are unrelated to the
proprietor of the establishment; and


(2)  take appropriate action
necessary to:


(A)  report the facilities
or arrangements described by Subdivision (1) of this
subsection to the appropriate state regulatory agencies
or local law enforcement agencies;


(B)  assist, whenever practicable,
a long-term care facility described by Paragraph (A),
Subdivision (1) of this subsection, in obtaining the
appropriate licensure or making the appropriate disclosures
on request of the facility; and


(C)  assist, if it is feasible
and practicable, a facility or arrangement described
by Paragraph (B), Subdivision (1) of this subsection,
in complying with applicable regulatory requirements
of state or local law.


(c)  Not later than January
1, 2006, the executive commissioner of the Health and
Human Services Commission shall implement the pilot
program in at least one rural area and one urban area
of this state.


(d)  Not later than January
1, 2007, the Health and Human Services Commission shall
submit a report on the status and progress of the pilot
program to the governor, the lieutenant governor, the
speaker of the house of representatives, and the presiding
officer of each house and senate standing committee
having jurisdiction over adult protective services.
 The report must include a recommendation regarding
the advisability of expanding the pilot program statewide.


(e)  This section expires
September 1, 2007.


SECTION 2.21.  REPEALER. 
Section 48.157, Human Resources Code, is repealed.



ARTICLE
3.  GUARDIANSHIP AND RELATED SERVICES



SECTION 3.01.  The heading
to Subchapter E, Chapter 48, Human Resources Code,
is amended to read as follows:



SUBCHAPTER
E.  PROVISION OF SERVICES; GUARDIANSHIP SERVICES;
EMERGENCY PROTECTION



SECTION 3.02.  Section 48.209,
Human Resources Code, is amended to read as follows:


Sec. 48.209.  REFERRAL
FOR GUARDIANSHIP SERVICES GUARDIANSHIPS.
 (a)  The department shall refer an individual to
the Department of Aging and Disability Services for
guardianship services under Subchapter E, Chapter 161,
if the individual is:


(1)  a minor in the conservatorship
of the department who:


(A)  is 16 years of age
or older; and


(B)  the department has
reason to believe will, because of a physical or mental
condition, be substantially unable to provide for the
individual's own food, clothing, or shelter, to care
for the individual's own physical health, or to manage
the individual's own financial affairs when the individual
becomes an adult; or


(2)  an elderly or disabled
person who:


(A)  has been found by
the department to be in a state of abuse, neglect,
or exploitation; and


(B)  the department has
reason to believe is an incapacitated person as defined
by Section 601(14)(B), Texas Probate Code.


(b)  Notwithstanding Subsection
(a), if a less restrictive alternative to guardianship
is appropriate and available for the individual, the
department shall pursue that alternative instead of
making a referral to the Department of Aging and Disability
Services for guardianship services.


(c)  The department and
the Department of Aging and Disability Services shall
enter into a memorandum of understanding that sets
forth in detail the roles and duties of each agency
regarding the referral for guardianship services under
Subsection (a) and the provision of guardianship services
to individuals under Subchapter E, Chapter 161.


(d)  Nothing in this section
shall prohibit the department from also making a referral
of an individual to a court having probate jurisdiction
in the county where the individual is domiciled or
found, if the court has requested the department to
notify the court of any individuals who may be appropriate
for a court-initiated guardianship proceeding under
Section 683, Texas Probate Code.  In making a referral
under this subsection and if requested by the court,
the department shall, to the extent allowed by law,
provide the court with all relevant information in
the department's records relating to the individual.
 The court, as part of this process, may not require
the department to:


(1)  perform the duties
of a guardian ad litem or court investigator as prescribed
by Section 683, Texas Probate Code; or


(2)  gather additional
information not contained in the department's records.


(e)  The department may
not be appointed to serve as temporary or permanent
guardian for any individual.  (a)  The
department shall file an application under Section
682 or 875, Texas Probate Code, to be appointed guardian
of the person or estate or both of an individual who
is a minor, is a conservatee of the department, and,
because of a physical or mental condition, will be
substantially unable to provide food, clothing, or
shelter for himself or herself, to care for the individual's
own physical health, or to manage the individual's
own financial affairs when the individual becomes an
adult.  If a less restrictive alternative to guardianship
is available for an individual, the department shall
pursue the alternative instead of applying for appointment
as a guardian.


(b)  As a last resort,
the department may apply to be appointed guardian of
the person or estate of an elderly or disabled person
who is found by the department to be in a state of
abuse, neglect, or exploitation, and who, because of
a physical or mental condition, will be substantially
unable to provide food, clothing, or shelter for himself
or herself, to care for the individual's own physical
health, or to manage the individual's own financial
affairs.  A representative of the department shall
take the oath required by the Texas Probate Code on
behalf of the department if the department is appointed
guardian.  If the department knows that an individual
is willing and able to serve as the guardian, the department
may inform the court of that individual's willingness
and ability.


(c)  If appropriate,
the department may contract with a political subdivision
of this state, a private agency, or another state agency
for the provision of guardianship services under this
section.  The department or a political subdivision
of the state or state agency with which the department
contracts under this section is not required to post
a bond or pay any cost or fee otherwise required by
the Texas Probate Code.


(d)  If the department
is appointed guardian, the department is not liable
for funding services provided to the department's ward,
including long-term care or burial expenses.


(e)  The department
may not be required to pay fees associated with the
appointment of a guardian ad litem or attorney ad litem.


(f)  The department
shall file an application with the court to name a
successor guardian if the department becomes aware
of a qualified and willing individual or guardianship
program serving the area in which the ward is located.


SECTION 3.03.  Section 161.071,
Human Resources Code, is amended to read as follows:


Sec. 161.071.  GENERAL POWERS
AND DUTIES OF DEPARTMENT.  The department is responsible
for administering human services programs for the aging
and disabled, including:


(1)  administering and coordinating
programs to provide community-based care and support
services to promote independent living for populations
that would otherwise be institutionalized;


(2)  providing institutional
care services, including services through convalescent
and nursing homes and related institutions under Chapter
242, Health and Safety Code;


(3)  providing and coordinating
programs and services for persons with disabilities,
including programs for the treatment, rehabilitation,
or benefit of persons with developmental disabilities
or mental retardation;


(4)  operating state facilities
for the housing, treatment, rehabilitation, or benefit
of persons with disabilities, including state schools
for persons with mental retardation;


(5)  serving as the state
unit on aging required by the federal Older Americans
Act of 1965 (42 U.S.C. Section 3001 et seq.) and its
subsequent amendments, including performing the general
functions under Section 101.022 to ensure:


(A)  implementation of the
federal Older Americans Act of 1965 (42 U.S.C. Section
3001 et seq.) and its subsequent amendments, including
implementation of services and volunteer opportunities
under that Act for older residents of this state through
area agencies on aging;


(B)  advocacy for residents
of nursing facilities through the office of the state
long-term care ombudsman;


(C)  fostering of the state
and community infrastructure and capacity to serve
older residents of this state; and


(D)  availability of a comprehensive
resource for state government and the public on trends
related to and services and programs for an aging population;


(6)  performing all licensing
and enforcement activities and functions related to
long-term care facilities, including licensing and
enforcement activities related to convalescent and
nursing homes and related institutions under Chapter
242, Health and Safety Code;


(7)  performing all licensing
and enforcement activities related to assisted living
facilities under Chapter 247, Health and Safety Code;


(8)  performing all licensing
and enforcement activities related to intermediate
care facilities for persons with mental retardation
under Chapter 252, Health and Safety Code; and


(9)  performing all licensing
and enforcement activities and functions related to
home and community support services agencies under
Chapter 142, Health and Safety Code; and


(10)  serving as guardian
of the person or estate, or both, for an incapacitated
individual as provided by Subchapter E of this chapter
and Chapter XIII, Texas Probate Code.


SECTION 3.04.  Chapter 161,
Human Resources Code, is amended by adding Subchapter
E to read as follows:



SUBCHAPTER
E.  GUARDIANSHIP SERVICES



Sec. 161.101.  GUARDIANSHIP
SERVICES.  (a)  The department shall file an application
under Section 682 or 875, Texas Probate Code, to be
appointed guardian of the person or estate, or both,
of a minor referred to the department under Section
48.209(a)(1) for guardianship services if the department
determines:


(1)  that the minor, because
of a mental or physical condition, will be substantially
unable to provide for the minor's own food, clothing,
or shelter, to care for the minor's own physical health,
or to manage the individual's own financial affairs
when the minor becomes an adult; and


(2)  that a less restrictive
alternative to guardianship is not available for the
minor.


(b)  The department shall
conduct a thorough assessment of the conditions and
circumstances of an elderly or disabled person referred
to the department under Section 48.209(a)(2) for guardianship
services to determine whether a guardianship is appropriate
for the individual.  In determining whether a guardianship
is appropriate, the department may consider the resources
and funds available to meet the needs of the elderly
or disabled person.  The executive commissioner shall
adopt rules for the administration of this subsection.


(c)  If after conducting
an assessment of an elderly or disabled person under
Subsection (b) the department determines that a guardianship
is appropriate for the elderly or disabled person,
the department shall file an application under Section
682 or 875, Texas Probate Code, to be appointed guardian
of the person or estate, or both, of the individual.
 If after conducting the assessment the department
determines that a less restrictive alternative to guardianship
is available for the elderly or disabled person, the
department shall pursue the less restrictive alternative
instead of applying for appointment as the person's
guardian.


(d)  The department may
not be required by a court to file an application for
guardianship, and the department may not be appointed
as permanent guardian for any individual unless the
department files an application to serve or otherwise
agrees to serve as the individual's guardian of the
person or estate, or both.


(e)  A guardianship created
for an individual as a result of an application for
guardianship filed under Subsection (a) may not take
effect before the individual's 18th birthday.


Sec. 161.102.  REFERRAL
TO GUARDIANSHIP PROGRAM, COURT, OR OTHER PERSON.  (a)
 If the department becomes aware of a guardianship
program, private professional guardian, or other person
willing and able to provide the guardianship services
that would otherwise be provided by the department
to an individual referred to the department by the
Department of Family and Protective Services under
Section 48.209, the department shall refer the individual
to that person or program for guardianship services.


(b)  If requested by a
court, the department shall notify the court of any
referral made to the department by the Department of
Family and Protective Services relating to any individual
who is domiciled or found in a county where the requesting
court has probate jurisdiction and who may be appropriate
for a court-initiated guardianship proceeding under
Section 683, Texas Probate Code.  In making a referral
under this subsection and if requested by the court,
the department shall, to the extent allowed by law,
provide the court with all relevant information in
the department's records relating to the individual.
 The court, as part of this process, may not require
the department to:


(1)  perform the duties
of a guardian ad litem or court investigator as prescribed
by Section 683, Texas Probate Code; or


(2)  gather additional
information not contained in the department's records.


Sec. 161.103.  CONTRACT
FOR GUARDIANSHIP SERVICES.  If appropriate, the department
may contract with a political subdivision of this state,
a guardianship program as defined by Section 601, Texas
Probate Code, a private agency, or another state agency
for the provision of guardianship services under this
section.


Sec. 161.104.  QUALITY
ASSURANCE PROGRAM.  The department shall develop and
implement a quality assurance program for guardianship
services provided by or on behalf of the department.
 If the department enters into a contract with a political
subdivision, guardianship program, private agency,
or other state agency under Section 161.103, the department
shall establish a monitoring system as part of the
quality assurance program to ensure the quality of
guardianship services for which the department contracts
under that section.


Sec. 161.105.  OATH.  A
representative of the department shall take the oath
required by the Texas Probate Code on behalf of the
department if the department is appointed guardian
of the person or estate, or both, of a ward under Chapter
XIII of that code.


Sec. 161.106.  GUARDIANSHIP
POWERS AND DUTIES.  In serving as guardian of the person
or estate, or both, for an incapacitated individual,
the department has all the powers granted and duties
prescribed to a guardian under Chapter XIII, Texas
Probate Code, or any other applicable law.


Sec. 161.107.  EXEMPTION
FROM GUARDIANSHIP BONDS, CERTAIN COSTS, FEES, AND EXPENSES.
 (a)  The department or a political subdivision of
this state or state agency with which the department
contracts under Section 161.103 is not required to
post a bond or pay any cost or fee associated with
a bond otherwise required by the Texas Probate Code
in guardianship matters.


(b)  The department is
not required to pay any cost or fee otherwise imposed
for court proceedings or other services, including:


(1)  a filing fee or fee
for issuance of service of process imposed by Section
51.317, 51.318(b)(2), or 51.319, Government Code;


(2)  a court reporter fee
imposed by Section 51.601, Government Code;


(3)  a judicial fund fee
imposed by Section 51.702, Government Code;


(4)  a judge's fee imposed
by Section 25.0008 or 25.0029, Government Code;


(5)  a cost or security
fee imposed by Section 12 or 622, Texas Probate Code;
or


(6)  a fee imposed by a
county officer under Section 118.011 or 118.052, Local
Government Code.


(c)  The department may
not be required to pay fees associated with the appointment
of a guardian ad litem or attorney ad litem.


(d)  A political subdivision
of this state or state agency with which the department
contracts under Section 161.103 is not required to
pay any cost or fee otherwise required by the Texas
Probate Code.


(e)  If the department
is appointed guardian, the department is not liable
for funding services provided to the department's ward,
including long-term care or burial expenses.


Sec. 161.108.  SUCCESSOR
GUARDIAN.  The department shall review each of the
department's pending guardianship cases at least annually
to determine whether a more suitable person, including
a guardianship program or private professional guardian,
is willing and able to serve as successor guardian
for a ward of the department.  If the department becomes
aware of any person's willingness and ability to serve
as successor guardian, the department shall notify
the court in which the guardianship is pending as required
by Section 695A, Texas Probate Code.


Sec. 161.109.  ACCESS TO
RECORDS OR DOCUMENTS.  (a)  The department shall have
access to all of the records and documents concerning
an individual referred for guardianship services under
this subchapter that are necessary to the performance
of the department's duties under this subchapter, including
client-identifying information and medical, psychological,
educational, or residential information.


(b)  The department is
exempt from the payment of a fee otherwise required
or authorized by law to obtain a medical record, including
a mental health record, from a hospital or health care
provider if the request for a record is made in the
course of an assessment for guardianship services conducted
by the department.


(c)  If the department
cannot obtain access to a record or document that is
necessary to properly perform a duty under this subchapter,
the department may petition the probate court or the
statutory or constitutional court having probate jurisdiction
for access to the record or document.


(d)  The court with probate
jurisdiction shall, on good cause shown, order the
person or entity who denied access to a record or document
to allow the department to have access to the record
or document under the terms and conditions prescribed
by the court.


(e)  A person or entity
is entitled to notice of and a hearing on the department's
petition for access as described by this section.


(f)  Access to, or disclosure
of, a confidential record or other confidential information
under this section does not constitute a waiver of
confidentiality for other purposes or as to other persons.


Sec. 161.110.  LEGAL REPRESENTATION
OF DEPARTMENT.  (a)  Except as provided by Subsection
(b), (c), or (f), the prosecuting attorney representing
the state in criminal cases in the county court shall
represent the department in any proceeding under this
subchapter unless the representation would be a conflict
of interest.


(b)  If the attorney representing
the state in criminal cases in the county court is
unable to represent the department in an action under
this subchapter because of a conflict of interest,
the attorney general shall represent the department
in the action.


(c)  If the attorney general
is unable to represent the department in an action
under this subchapter, the attorney general shall deputize
an attorney who has contracted with the department
under Subsection (d) or an attorney employed by the
department under Subsection (e) to represent the department
in the action.


(d)  Subject to the approval
of the attorney general, the department may contract
with a private attorney to represent the department
in an action under this subchapter.


(e)  The department may
employ attorneys to represent the department in an
action under this subchapter.


(f)  In a county having
a population of more than 2.8 million, the prosecuting
attorney representing the state in civil cases in the
county court shall represent the department in any
proceeding under this subchapter unless the representation
would be a conflict of interest.  If such attorney
is unable to represent the department in an action
under this subchapter because of a conflict of interest,
the attorney general shall represent the department
in the action.


Sec. 161.111.  CONFIDENTIALITY
AND DISCLOSURE OF INFORMATION.  (a)  All files, reports,
records, communications, or working papers used or
developed by the department in the performance of duties
relating to the assessment for or the provision of
guardianship services to an individual referred for
guardianship services under this subchapter are confidential
and not subject to disclosure under Chapter 552, Government
Code.


(b)  Confidential information
may be disclosed only for a purpose consistent with
this subchapter, as required by other state or federal
law, or as necessary to enable the department to exercise
its powers and duties as guardian of the person or
estate, or both, of an individual.


(c)  A court may order
disclosure of confidential information only if:


(1)  a motion is filed
with the court requesting release of the information
and a hearing on that request;


(2)  notice of the hearing
is served on the department and each interested party;
and


(3)  the court determines
after the hearing and an in camera review of the information
that disclosure is essential to the administration
of justice and will not endanger the life or safety
of any individual who:


(A)  is being assessed
by the department for guardianship services under this
subchapter;


(B)  is a ward of the department;
or


(C)  provides services
to a ward of the department.


(d)  The department shall
establish a policy and procedures for the exchange
of information with another state agency or governmental
entity, including a court, with a local guardianship
program to which an individual is referred for services,
or with any other entity who provides services to a
ward of the department, as necessary for the department,
state agency, governmental entity, or other entity
to properly execute its respective duties and responsibilities
to provide guardianship services or other needed services
to meet the needs of the ward under this subchapter
or other law.  An exchange of information under this
subsection does not constitute a release for purposes
of waiving the confidentiality of the information exchanged.


Sec. 161.112.  INDEMNIFICATION
FOR LEGAL EXPENSES.  If a present or former employee
of the department who was involved in activities related
to the provision of guardianship services under this
subchapter is criminally prosecuted for conduct related
to the person's misfeasance or nonfeasance in the course
and scope of the person's employment and is found not
guilty after a trial or appeal or if the complaint
or indictment is dismissed without a plea of guilty
or nolo contendere being entered, the department may
indemnify the person or the person's estate for the
reasonable attorney's fees incurred in defense of the
prosecution up to a maximum of $10,000.


Sec. 161.113.  IMMUNITY.
 (a)  In this section, "volunteer" means a person who:


(1)  renders services for
or on behalf of the department under the supervision
of a department employee; and


(2)  does not receive compensation
that exceeds the authorized expenses the person incurs
in performing those services.


(b)  A department employee
or an authorized volunteer who performs a department
duty or responsibility under this subchapter is immune
from civil or criminal liability for any act or omission
that relates to the duty or responsibility if the person
acted in good faith and within the scope of the person's
authority.


SECTION 3.05.  Section 601,
Texas Probate Code, is amended by adding Subdivision
(12-a) and amending Subdivisions (13) and (24) to read
as follows:


(12-a)  "Guardianship Certification
Board" means the Guardianship Certification Board established
under Chapter 111, Government Code.


(13)  "Guardianship program"
has the meaning assigned by Section 111.001, Government
Code means a local, county, or regional
program that provides guardianship and related services
to an incapacitated person or other person who needs
assistance in making decisions concerning the person's
own welfare or financial affairs.


(24)  "Private professional
guardian" has the meaning assigned by Section 111.001,
Government Code means a person, other
than an attorney or a corporate fiduciary, who is engaged
in the business of providing guardianship services.


SECTION 3.06.  The heading
to Subpart J, Part 2, Chapter XIII, Texas Probate Code,
is amended to read as follows:



SUBPART
J.  LIABILITY OF GUARDIAN FOR CONDUCT OF WARD



SECTION 3.07.  The heading
to Section 673, Texas Probate Code, is amended to read
as follows:


Sec. 673.  LIABILITY OF
GUARDIAN FOR CONDUCT OF WARD.


SECTION 3.08.  Subpart J,
Part 2, Chapter XIII, Texas Probate Code, is amended
by adding Section 674 to read as follows:


Sec. 674.  IMMUNITY OF
GUARDIANSHIP PROGRAM.  A guardianship program is not
liable for civil damages arising from an action taken
or omission made by a person while providing guardianship
services to a ward on behalf of the guardianship program,
unless the action or omission:


(1)  was wilfully wrongful;


(2)  was taken or made
with conscious indifference or reckless disregard to
the safety of the incapacitated person or another;


(3)  was taken or made
in bad faith or with malice; or


(4)  was grossly negligent.


SECTION 3.09.  Section 682,
Texas Probate Code, is amended to read as follows:


Sec. 682.  APPLICATION; CONTENTS.
 Any person may commence a proceeding for the appointment
of a guardian by filing a written application in a
court having jurisdiction and venue.  The application
must be sworn to by the applicant and state:


(1)  the name, sex, date of
birth, and address of the proposed ward;


(2)  the name, relationship,
and address of the person the applicant desires to
have appointed as guardian;


(3)  whether guardianship
of the person or estate, or both, is sought;


(4)  the nature and degree
of the alleged incapacity, the specific areas of protection
and assistance requested, and the limitation of rights
requested to be included in the court's order of appointment;


(5)  the facts requiring that
a guardian be appointed and the interest of the applicant
in the appointment;


(6)  the nature and description
of any guardianship of any kind existing for the proposed
ward in any other state;


(7)  the name and address
of any person or institution having the care and custody
of the proposed ward;


(8)  the approximate value
and description of the proposed ward's property, including
any compensation, pension, insurance, or allowance
to which the proposed ward may be entitled;


(9)  the name and address
of any person whom the applicant knows to hold a power
of attorney signed by the proposed ward and a description
of the type of power of attorney;


(10)  if the proposed ward
is a minor and if known by the applicant:


(A)  the name of each parent
of the proposed ward and state the parent's address
or that the parent is deceased;


(B)  the name and age of each
sibling, if any, of the proposed ward and state the
sibling's address or that the sibling is deceased;
and


(C)  if each of the proposed
ward's parents and siblings are deceased, the names
and addresses of the proposed ward's next of kin who
are adults;


(11)  if the proposed ward
is a minor, whether the minor was the subject of a
legal or conservatorship proceeding within the preceding
two-year period and, if so, the court involved, the
nature of the proceeding, and the final disposition,
if any, of the proceeding;


(12)  if the proposed ward
is an adult and if known by the applicant:


(A)  the name of the proposed
ward's spouse, if any, and state the spouse's address
or that the spouse is deceased;


(B)  the name of each of the
proposed ward's parents and state the parent's address
or that the parent is deceased;


(C)  the name and age of each
of the proposed ward's siblings, if any, and state
the sibling's address or that the sibling is deceased;


(D)  the name and age of each
of the proposed ward's children, if any, and state
the child's address or that the child is deceased;
and


(E)  if the proposed ward's
spouse and each of the proposed ward's parents, siblings,
and children are deceased, or, if there is no spouse,
parent, adult sibling, or adult child, the names and
addresses of the proposed ward's next of kin who are
adults;


(13)  facts showing that the
court has venue over the proceeding; and


(14)  if applicable, that
the person whom the applicant desires to have appointed
as a guardian is a private professional guardian who
is certified under Subchapter C, Chapter 111, Government
Code, and has complied with the requirements of
Section 697 of this code.


SECTION 3.10.  Section 695A,
Texas Probate Code, is amended by adding Subsection
(a-1) to read as follows:


(a-1)  If, while serving
as a guardian for a ward under this chapter, the Department
of Aging and Disability Services becomes aware of a
guardianship program or private professional guardian
willing and able to serve as the ward's successor guardian
and the department is not aware of a family member
or friend of the ward or any other interested person
who is willing and able to serve as the ward's successor
guardian, the department shall notify the court in
which the guardianship is pending of the guardianship
program's or private professional guardian's willingness
and ability to serve.


SECTION 3.11.  Section 696,
Texas Probate Code, is amended to read as follows:


Sec. 696.  APPOINTMENT OF
PRIVATE PROFESSIONAL GUARDIANS.  A court may not appoint
a private professional guardian to serve as a guardian
or permit a private professional guardian to continue
to serve as a guardian under this code if the private
professional guardian:


(1)  has not complied
with the requirements of Section 697 of this code;
or


(2)  is not certified as
provided by Section 697B of this code.


SECTION 3.12.  Subpart A,
Part 3, Texas Probate Code, is amended by adding Sections
696A and 696B to read as follows:


Sec. 696A.  APPOINTMENT
OF PUBLIC GUARDIANS.  (a)  An individual employed by
or contracting with a guardianship program must be
certified as provided by Section 697B of this code
to provide guardianship services to a ward of the guardianship
program.


(b)  An employee of the
Department of Aging and Disability Services must be
certified as provided by Section 697B of this code
to provide guardianship services to a ward of the department.


Sec. 696B.  APPOINTMENT
OF FAMILY MEMBERS OR FRIENDS.  A family member or friend
of an incapacitated person is not required to be certified
under Subchapter C, Chapter 111, Government Code, or
any other law to serve as the person's guardian.


SECTION 3.13.  Subsections
(a), (c), and (e), Section 697, Texas Probate Code,
are amended to read as follows:


(a)  A private professional
guardian must apply annually to the clerk of the county
having venue over the proceeding for the appointment
of a guardian for a certificate of registration
certification.  The application
must include a sworn statement containing the following
information concerning a private professional guardian
or each person who represents or plans to represent
the interests of a ward as a guardian on behalf of
the private professional guardian:


(1)  educational background
and professional experience;


(2)  three or more professional
references;


(3)  the names of all of the
wards the private professional guardian or person is
or will be serving as a guardian;


(4)  the aggregate fair market
value of the property of all wards that is being or
will be managed by the private professional guardian
or person;


(5)  place of residence, business
address, and business telephone number; and


(6)  whether the private professional
guardian or person has ever been removed as a guardian
by the court or resigned as a guardian in a particular
case, and, if so, a description of the circumstances
causing the removal or resignation, and the style of
the suit, the docket number, and the court having jurisdiction
over the proceeding.


(c)  The term of the registration
certification begins on the date
that the requirements are met and extends through December
31 of the initial year.  After the initial year of
registration certification,
the term of the registration certification
begins on January 1 and ends on December 31 of each
year.  A renewal application must be completed during
December of the year preceding the year for which the
renewal is requested.


(e)  Not later than February
1 of each year, the clerk shall submit to the Guardianship
Certification Board and the Health and Human Services
Commission the names and business addresses of private
professional guardians who have satisfied the registration
certification requirements under
this section during the preceding year.


SECTION 3.14.  Subpart A,
Part 3, Texas Probate Code, is amended by adding Sections
697A and 697B to read as follows:


Sec. 697A.  LIST OF CERTAIN
PUBLIC GUARDIANS MAINTAINED BY COUNTY CLERKS.  (a)
 Each guardianship program operating in a county shall
submit annually to the county clerk a statement containing
the name, address, and telephone number of each individual
employed by or volunteering or contracting with the
program to provide guardianship services to a ward
or proposed ward of the program.


(b)  The Department of
Aging and Disability Services, if the department files
an application for and is appointed to serve as guardian
for one or more incapacitated persons residing in the
county as provided by Subchapter E, Chapter 161, Human
Resources Code, shall submit annually to the county
clerk the information required under Subsection (a)
of this section for each department employee who is
or will be providing guardianship services in the county
on the department's behalf.


(c)  Not later than February
1 of each year, the county clerk shall submit to the
Guardianship Certification Board the information received
under this section during the preceding year.


Sec. 697B.  CERTIFICATION
REQUIREMENT FOR PRIVATE PROFESSIONAL GUARDIANS AND
PUBLIC GUARDIANS.  (a)  The following persons must
be certified under Subchapter C, Chapter 111, Government
Code:


(1)  an individual who
is a private professional guardian;


(2)  an individual who
will represent the interests of a ward as a guardian
on behalf of a private professional guardian;


(3)  an individual providing
guardianship services to a ward of a guardianship program
on the program's behalf, except as provided by Subsection
(d) of this section; and


(4)  an employee of the
Department of Aging and Disability Services providing
guardianship services to a ward of the department.


(b)  A person whose certification
has expired must obtain a new certification under Subchapter
C, Chapter 111, Government Code, to be allowed to provide
or continue to provide guardianship services to a ward
under this code.


(c)  The court shall notify
the Guardianship Certification Board if the court becomes
aware of a person who is not complying with the terms
of a certification issued under Subchapter C, Chapter
111, Government Code, or with the standards and rules
adopted under that subchapter.


(d)  An individual volunteering
with a guardianship program is not required to be certified
as provided by this section to provide guardianship
services on the program's behalf.


SECTION 3.15.  Subsections
(a) and (c), Section 698, Texas Probate Code, are amended
to read as follows:


(a)  The clerk of the county
having venue over the proceeding for the appointment
of a guardian shall obtain criminal history record
information that is maintained by the Department of
Public Safety or the Federal Bureau of Investigation
identification division relating to:


(1)  a private professional
guardian;


(2)  each person who represents
or plans to represent the interests of a ward as a
guardian on behalf of the private professional guardian;
or


(3)  each person employed
by a private professional guardian who will:


(A)  have personal contact
with a ward or proposed ward;


(B)  exercise control over
and manage a ward's estate; or


(C)  perform any duties with
respect to the management of a ward's estate;


(4)  each person employed
by or volunteering or contracting with a guardianship
program to provide guardianship services to a ward
of the program on the program's behalf; or


(5)  an employee of the
Department of Aging and Disability Services who is
or will be providing guardianship services to a ward
of the department.


(c)  The court shall use the
information obtained under this section only in determining
whether to appoint, remove, or continue the appointment
of a private professional guardian, a guardianship
program, or the Department of Aging and Disability
Services.


SECTION 3.16.  Subsection
(b), Section 700, Texas Probate Code, is amended to
read as follows:


(b)  A representative of the
Department of Aging and Disability Protective
and Regulatory Services shall take the oath
required by Subsection (a) of this section if the department
is appointed guardian.


SECTION 3.17.  Subsection
(a), Section 767, Texas Probate Code, is amended to
read as follows:


(a)  The guardian of the person
is entitled to take the charge
and control of the person of the
ward, and the duties of the guardian correspond with
the rights of the guardian.  A guardian of the person
has:


(1)  the right to have physical
possession of the ward and to establish the ward's
legal domicile;


(2)  the duty to provide
of care, supervision control,
and protection for of the
ward;


(3)  the duty to provide the
ward with clothing, food, medical care, and shelter;


(4)  the power to consent
to medical, psychiatric, and surgical treatment other
than the in-patient psychiatric commitment of the ward;
and


(5)  on application to and
order of the court, the power to establish a trust
in accordance with 42 U.S.C. Section 1396p(d)(4)(B),
as amended, and direct that the income of the ward
as defined by that section be paid directly to the
trust, solely for the purpose of the ward's eligibility
for medical assistance under Chapter 32, Human Resources
Code.


SECTION 3.18.  Subsections
(c) and (j), Section 875, Texas Probate Code, are amended
to read as follows:


(c)  A sworn, written application
for the appointment of a temporary guardian shall be
filed before the court appoints a temporary guardian.
 The application must state:


(1)  the name and address
of the person who is the subject of the guardianship
proceeding;


(2)  the danger to the person
or property alleged to be imminent;


(3)  the type of appointment
and the particular protection and assistance being
requested;


(4)  the facts and reasons
supporting the allegations and requests;


(5)  the name, address, and
qualification of the proposed temporary guardian;


(6)  the name, address, and
interest of the applicant; and


(7)  if applicable, that the
proposed temporary guardian is a private professional
guardian who is certified under Subchapter C, Chapter
111, Government Code, and has complied with the
requirements of Section 697 of this code.


(j)  The court may not customarily
or ordinarily appoint the Department of Aging and
Disability Protective and Regulatory
Services as a temporary guardian under this section.
 The appointment of the department as a temporary guardian
under this section should be made only as a last resort.


SECTION 3.19.  Subdivisions
(3) and (5), Section 531.121, Government Code, are
amended to read as follows:


(3)  "Guardianship program"
has the meaning assigned by Section 111.001
601, Texas Probate Code.


(5)  "Private professional
guardian" has the meaning assigned by Section 111.001
601, Texas Probate Code.


SECTION 3.20.   The heading
to Section 531.122, Government Code, is amended to
read as follows:


Sec. 531.122.  ADVISORY BOARD;
MEMBERSHIP AND DUTIES.


SECTION 3.21.  Subsections
(a), (b), and (d), Section 531.122, Government Code,
are amended to read as follows:


(a)  The Guardianship Advisory
Board shall advise the commission in adopting
standards under Section 531.124 and in administering
the commission's duties under this subchapter.


(b)  The advisory
board is composed of one representative from
each of the health and human services regions, as defined
by the commission, three public representatives, and
one representative of the Department of Aging and
Disability Protective and Regulatory
Services.  The representatives of the health and human
services regions are appointed by a majority vote of
the judges of the statutory probate courts in each
region.  If a health and human services region does
not contain a statutory probate court, the representative
shall be appointed by a majority vote of the judges
of the statutory probate courts in the state.  The
public representatives are appointed by the executive
commissioner and the representative of the Department
of Aging and Disability Protective
and Regulatory Services is appointed by the
commissioner of aging and disability services
Board of Protective and Regulatory Services.


(d)  A member of the advisory
board serves at the pleasure of a majority of the judges
of the statutory probate courts that appointed the
member, of the executive commissioner, or of
the commissioner of aging and disability services
Board of Protective and Regulatory Services,
as appropriate.


SECTION 3.22.   Section 531.1235,
Government Code, is amended to read as follows:


Sec. 531.1235.  ADVISORY BOARD;
ADDITIONAL DUTIES; STATEWIDE GUARDIANSHIP
SYSTEM.  (a)  The advisory board shall advise the
commission in administering the commission's duties
under this subchapter.  In addition to
performing the duties described by Section 531.122,
the advisory board shall:


(1)  advise the commission
and the Department of Aging and Disability Protective
and Regulatory Services with respect to a
statewide guardianship program and develop a proposal
for a statewide guardianship program;  and


(2)  review and comment on
the guardianship policies of all health and human services
agencies and recommend changes to the policies the
advisory board considers necessary or advisable.


(b)  The advisory board shall
prepare an annual report with respect to the recommendations
of the advisory board under Subsection (a).  The advisory
board shall file the report with the commission, the
Department of Aging and Disability Protective
and Regulatory Services, the governor, the
lieutenant governor, and the speaker of the house of
representatives not later than December 15 of each
year.


SECTION 3.23.  Section 531.124,
Government Code, is amended to read as follows:


Sec. 531.124.  COMMISSION
DUTIES.  (a)  With the advice of the advisory board,
the commission shall:


(1)  adopt minimum
standards for the provision of guardianship and related
services by:


(A)  a guardianship
program;


(B)  a person who
provides guardianship and related services on behalf
of a guardianship program or local guardianship center,
including a person who serves as a volunteer guardian;
 and


(C)  a person who
serves as a private professional guardian;  and


(2)  develop
and, subject to appropriations, implement a plan to:


(1) (A)
 ensure that each incapacitated individual in this
state who needs a guardianship or another less restrictive
type of assistance to make decisions concerning the
incapacitated individual's own welfare and financial
affairs receives that assistance;  and


(2) (B)
 foster the establishment and growth of local volunteer
guardianship programs.


(b)  The commission
shall design the standards under Subsection (a)(1)
to protect the interests of an incapacitated individual
or other individual who needs assistance in making
decisions concerning the individual's own welfare or
financial affairs.


(c)  The
advisory board shall annually review and comment on
the minimum standards adopted under Section 111.041
Subsection (a)(1) and the plan implemented
under Subsection (a)(2) and shall
include its conclusions in the report submitted under
Section 531.1235.


SECTION 3.24.  Title 2, Government
Code, is amended by adding Subtitle J to read as follows:



SUBTITLE
J.  GUARDIANSHIPS




CHAPTER
111.  GUARDIANSHIP CERTIFICATION BOARD




SUBCHAPTER
A.  GENERAL PROVISIONS



Sec. 111.001.  DEFINITIONS.
 In this chapter:


(1)  "Administrative director"
means the administrative director of the courts as
appointed by Chapter 72.


(2)  "Board" means the
Guardianship Certification Board.


(3)  "Corporate fiduciary"
has the meaning assigned by Section 601, Texas Probate
Code.


(4)  "Director" means the
administrative officer of the board, as provided by
Section 111.021.


(5)  "Guardian" has the
meaning assigned by Section 601, Texas Probate Code.


(6)  "Guardianship program"
means a local, county, or regional program that provides
guardianship and related services to an incapacitated
person or other person who needs assistance in making
decisions concerning the person's own welfare or financial
affairs.


(7)  "Incapacitated person"
has the meaning assigned by Section 601, Texas Probate
Code.


(8)  "Office of Court Administration"
means the Office of Court Administration of the Texas
Judicial System.


(9)  "Private professional
guardian" means a person, other than an attorney or
a corporate fiduciary, who is engaged in the business
of providing guardianship services.


(10)  "Ward" has the meaning
assigned by Section 601, Texas Probate Code.


Sec. 111.002.  RULES. 
The supreme court may adopt rules consistent with this
chapter, including rules governing the certification
of individuals providing guardianship services.


Sec. 111.003.  SUNSET PROVISION.
 The board is subject to Chapter 325, Government Code
(Texas Sunset Act).  Unless continued in existence
as provided by that chapter, the board is abolished
and this chapter expires September 1, 2015.



[Sections
111.004-111.010 reserved for expansion]




SUBCHAPTER
B.  ADMINISTRATIVE PROVISIONS



Sec. 111.011.  BOARD. 
(a)  The Guardianship Certification Board is composed
of:


(1)  11 members appointed
by the supreme court; and


(2)  four public members
appointed by the supreme court from a list of nominees
submitted by the governor.


(b)  The supreme court
shall appoint members under Subsection (a)(1) from
the different geographical areas of this state.


(c)  In making an appointment
under Subsection (a)(2), the supreme court may reject
one or more of the nominees on a list submitted by
the governor and request a new list of different nominees.


(d)  To be eligible for
appointment to the board other than as a public member,
an individual must have demonstrated experience working
with:


(1)  a guardianship program;


(2)  an organization that
advocates on behalf of or in the interest of elderly
individuals;


(3)  an organization that
advocates on behalf of or in the interest of individuals
with mental illness or mental retardation or individuals
with physical disabilities; or


(4)  incapacitated individuals.


(e)  The public members
of the board must be:


(1)  caretakers of individuals
with mental illness or mental retardation or individuals
with physical disabilities; or


(2)  persons who advocate
on behalf of or in the interest of individuals with
mental illness or mental retardation or individuals
with physical disabilities.


(f)  Appointments to the
board shall be made without regard to the race, color,
disability, sex, religion, age, or national origin
of the appointees.


(g)  The members of the
board serve for staggered six-year terms, with the
terms of one-third of the members expiring on February
1 of each odd-numbered year.  Board members are not
entitled to receive compensation or reimbursement for
expenses.


(h)  The board shall elect
from among its members a presiding officer and other
officers considered necessary.


(i)  The board shall meet
at least quarterly at the call of the presiding officer.


(j)  Any action taken by
the board must be approved by a majority vote of the
members present.


Sec. 111.012.  ADMINISTRATIVE
ATTACHMENT.  (a)  The board is administratively attached
to the Office of Court Administration.


(b)  Notwithstanding any
other law, the Office of Court Administration shall:


(1)  provide administrative
assistance, services, and materials to the board, including
budget planning and purchasing;


(2)  accept, deposit, and
disburse money made available to the board;


(3)  pay the salaries and
benefits of the director;


(4)  reimburse the travel
expenses and other actual and necessary expenses of
the director incurred in the performance of a function
of the board, as provided by the General Appropriations
Act; and


(5)  provide the board
with adequate computer equipment and support.


Sec. 111.013.  ELIGIBILITY
OF PUBLIC MEMBERS.  A person is not eligible for appointment
as a public member of the board if the person or the
person's spouse:


(1)  is certified by the
board;


(2)  is registered, certified,
or licensed by a regulatory agency in the field of
guardianship;


(3)  is employed by or
participates in the management of a business entity
or other organization regulated by the board or receiving
money from the Office of Court Administration;


(4)  owns or controls,
directly or indirectly, more than a 10 percent interest
in a business entity or other organization regulated
by the board or receiving money from the Office of
Court Administration; or


(5)  uses or receives a
substantial amount of tangible goods, services, or
funds from the Office of Court Administration.


Sec. 111.014.  MEMBERSHIP
AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas
trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members
and its industry or profession in dealing with mutual
business or professional problems and in promoting
their common interest.


(b)  A person may not be
a member of the board or may not be the director in
a "bona fide executive, administrative, or professional
capacity," as that phrase is used for purposes of establishing
an exemption to the overtime provisions of the federal
Fair Labor Standards Act of 1938 (29 U.S.C. Section
201 et seq.), if:


(1)  the person is an officer,
employee, or paid consultant of a Texas trade association
in the field of guardianship; or


(2)  the person's spouse
is an officer, manager, or paid consultant of a Texas
trade association in the field of guardianship.


(c)  A person may not be
a member of the board if the person is required to
register as a lobbyist under Chapter 305 because of
the person's activities for compensation on behalf
of a profession related to the operation of the board.


Sec. 111.015.  GROUNDS
FOR REMOVAL FROM BOARD.  (a)  It is a ground for removal
from the board that a member:


(1)  does not have at the
time of appointment the qualifications required by
Section 111.011;


(2)  does not maintain
during service on the board the qualifications required
by Section 111.011;


(3)  is ineligible for
membership under Section 111.013 or 111.014;


(4)  cannot, because of
illness or disability, discharge the member's duties
for a substantial part of the member's term; or


(5)  is absent from more
than half of the regularly scheduled board meetings
that the member is eligible to attend during a calendar
year without an excuse approved by a 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 director has
knowledge that a potential ground for removal exists,
the director shall notify the presiding officer of
the board of the potential ground.  The presiding officer
shall then notify the chief justice of the supreme
court that a potential ground for removal exists. 
If the potential ground for removal involves the presiding
officer, the director shall notify the next highest
ranking officer of the board, who shall then notify
the chief justice of the supreme court that a potential
ground for removal exists.


Sec. 111.016.  POWERS AND
DUTIES OF BOARD.  (a)  The board is charged with the
executive functions necessary to carry out the purposes
of this chapter under rules adopted by the supreme
court.


(b)  The board shall:


(1)  administer and enforce
this chapter;


(2)  develop and recommend
proposed rules and procedures to the supreme court
as necessary to implement this chapter;


(3)  set the amount of
each fee prescribed by Section 111.042, subject to
the approval of the supreme court;


(4)  establish the qualifications
for obtaining certification or recertification under
Section 111.042;


(5)  issue certificates
to individuals who meet the certification requirements
of Section 111.042; and


(6)  perform any other
duty required by this chapter or other law.


(c)  The board may appoint
any necessary or proper subcommittee.


(d)  The board shall maintain:


(1)  a complete record
of each board proceeding; and


(2)  a complete record
of each certification issued, renewed, suspended, or
revoked under Section 111.042.


Sec. 111.017.  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)  this chapter;


(2)  the role and functions
of the board;


(3)  the current budget
for the board;


(4)  the results of the
most recent formal audit of the board; and


(5)  any applicable ethics
policies adopted by the board.


Sec. 111.018.  USE OF TECHNOLOGY.
 The Office of Court Administration shall research
and propose appropriate technological solutions to
improve the board's ability to perform its functions.
 The technological solutions must:


(1)  ensure that the public
is able to easily find information about the board
on the Internet;


(2)  ensure that persons
who want to use the board's services are able to:


(A)  interact with the
board through the Internet; and


(B)  access any service
that can be provided effectively through the Internet;
and


(3)  be cost-effective
and developed through the board's planning processes.


Sec. 111.019.  ALTERNATIVE
DISPUTE RESOLUTION PROCEDURES.  (a)  The board shall
develop and implement a policy to encourage the use
of appropriate alternative dispute resolution procedures
to assist in the resolution of internal and external
disputes under the board's jurisdiction.


(b)  The procedures relating
to alternative dispute resolution under this section
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.


Sec. 111.020.  PUBLIC ACCESS.
 The board shall develop and implement policies that
provide the public with a reasonable opportunity to
appear before the board and to speak on any issue under
the jurisdiction of the board.


Sec. 111.021.  DIRECTOR.
 (a)  The administrative director shall employ a director
from a list of candidates submitted by the board. 
The administrative director may request an additional
list of candidates if the administrative director does
not select any of the initial candidates recommended
by the board.


(b)  The list may contain
the hiring preference of the board.


(c)  The director is the
administrative officer of the board and is charged
with carrying out the duties and functions conferred
on the director by the board, this subchapter, and
other law.


Sec. 111.022.  DIVISION
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 director.


Sec. 111.023.  QUALIFICATIONS
AND STANDARDS OF CONDUCT INFORMATION.  The director
shall provide to members of the board, as often as
necessary, information regarding the requirements for
office under this chapter, including information regarding
a person's responsibilities under applicable laws relating
to standards of conduct for state officers.



[Sections
111.024-111.040 reserved for expansion]




SUBCHAPTER
C.  REGULATION OF CERTAIN GUARDIANS



Sec. 111.041.  STANDARDS
FOR CERTAIN GUARDIANSHIPS AND ALTERNATIVES TO GUARDIANSHIP.
 (a)  The board shall adopt minimum standards for:


(1)  the provision of guardianship
services or other similar but less restrictive types
of assistance or services by:


(A)  guardianship programs;
and


(B)  private professional
guardians; and


(2)  the provision of guardianship
services by the Department of Aging and Disability
Services.


(b)  The board shall design
the standards to protect the interests of an incapacitated
person or other person needing assistance making decisions
concerning the person's own welfare or financial affairs.


Sec. 111.042.  CERTIFICATION
REQUIRED FOR CERTAIN GUARDIANS.  (a)  To provide guardianship
services in this state, the following individuals must
hold a certificate issued under this section:


(1)  an individual who
is a private professional guardian;


(2)  an individual who
will provide those services to a ward of a private
professional guardian or the Department of Aging and
Disability Services on the guardian's or department's
behalf; and


(3)  an individual, other
than a volunteer, who will provide those services to
a ward of a guardianship program on the program's behalf.


(b)  An applicant for a
certificate under this section must:


(1)  apply to the board
on a form prescribed by the board; and


(2)  submit with the application
a nonrefundable application fee in an amount determined
by the board, subject to the approval of the supreme
court.


(c)  The supreme court
may adopt rules and procedures for issuing a certificate
and for renewing, suspending, or revoking a certificate
issued under this section.  Any rules adopted by the
supreme court under this section must:


(1)  ensure compliance
with the standards adopted under Section 111.041;


(2)  provide that the board
establish qualifications for obtaining and maintaining
certification;


(3)  provide that the board
issue certificates under this section;


(4)  provide that a certificate
expires on the second anniversary of the date the certificate
is issued;


(5)  prescribe procedures
for accepting complaints and conducting investigations
of alleged violations of the minimum standards adopted
under Section 111.041 or other terms of the certification
by certificate holders; and


(6)  prescribe procedures
by which the board, after notice and hearing, may suspend
or revoke the certificate of a holder who fails to
substantially comply with appropriate standards or
other terms of the certification.


(d)  If the requirements
for issuing a certificate under this section include
passage of an examination covering guardianship education
requirements:


(1)  the board shall develop
and the director shall administer the examination;
or


(2)  the board shall direct
the director to contract with another person or entity
the board determines has the expertise and resources
to develop and administer the examination.


(e)  In lieu of the certification
requirements imposed under this section, the board
may issue a certificate to an individual to engage
in business as a guardian or to provide guardianship
services in this state if the individual:


(1)  submits an application
to the board in the form prescribed by the board;


(2)  pays a fee in a reasonable
amount determined by the board, subject to the approval
of the supreme court;


(3)  is certified, registered,
or licensed as a guardian by a national organization
or association the board determines has requirements
at least as stringent as those prescribed by the board
under this subchapter; and


(4)  is in good standing
with the organization or association with whom the
person is licensed, certified, or registered.


(f)  An employee of the
Department of Aging and Disability Services who is
applying for a certificate under this section to provide
guardianship services to a ward of the department is
exempt from payment of an application fee required
by this section.


(g)  An application fee
or other fee collected under this section shall be
deposited to the credit of the guardianship certification
account in the general revenue fund and may be appropriated
only to the Office of Court Administration for the
administration and enforcement of this chapter.


(h)  The Texas Department
of Licensing and Regulation shall advise and assist
the board as necessary in administering the certification
process established under this section.


Sec. 111.043.  INFORMATION
FROM PRIVATE PROFESSIONAL GUARDIANS.  In addition to
the information submitted under Section 697(e), Texas
Probate Code, the director may require a private professional
guardian or a person who represents or plans to represent
the interests of a ward as a guardian on behalf of
the private professional guardian to submit information
considered necessary to monitor the person's compliance
with the applicable standards adopted under Section
111.041 or with the certification requirements of Section
111.042.


Sec. 111.044.  ANNUAL DISCLOSURE.
 Not later than January 31 of each year, each guardianship
program and private professional guardian shall provide
to the board a report containing for the preceding
year:


(1)  the total number of
wards served by the guardianship program or private
professional guardian, as applicable;


(2)  the total amount of
money received from this state for the provision of
guardianship services; and


(3)  the total amount of
money received from any other public source, including
a county or the federal government, for the provision
of guardianship services.


SECTION 3.25.  TRANSFERS TO
THE DEPARTMENT OF AGING AND DISABILITY SERVICES.  (a)
 On September 1, 2005:


(1)  all powers, duties, functions,
programs, and activities of the Department of Family
and Protective Services related to providing guardianship
services for incapacitated persons under Chapter 48,
Human Resources Code, Chapter XIII, Texas Probate Code,
or other law are transferred to the Department of Aging
and Disability Services;


(2)  all employees of the
Department of Family and Protective Services who primarily
perform duties related to providing guardianship services
for incapacitated persons under Chapter 48, Human Resources
Code, Chapter XIII, Texas Probate Code, or other law
become employees of the Department of Aging and Disability
Services;


(3)  a rule or form adopted
by the executive commissioner of the Health and Human
Services Commission that relates to the provision of
guardianship services by the Department of Family and
Protective Services for incapacitated persons under
Chapter 48, Human Resources Code, Chapter XIII, Texas
Probate Code, or other law, as those laws existed immediately
before that date, is a rule or form of the Department
of Aging and Disability Services and remains in effect
until altered by the executive commissioner;


(4)  a reference in law to
the Department of Family and Protective Services or
its predecessor agency, the Department of Protective
and Regulatory Services, that relates to providing
guardianship services for incapacitated persons under
Chapter 48, Human Resources Code, Chapter XIII, Texas
Probate Code, or other law means the Department of
Aging and Disability Services;


(5)  a waiver in effect that
was issued by the Department of Family and Protective
Services relating to the provision of guardianship
services for incapacitated persons under Chapter 48,
Human Resources Code, Chapter XIII, Texas Probate Code,
or other law is continued in effect as a waiver of
the Department of Aging and Disability Services;


(6)  a proceeding involving
the Department of Family and Protective Services that
is related to providing guardianship services for incapacitated
persons under Chapter 48, Human Resources Code, Chapter
XIII, Texas Probate Code, or other law is transferred
without change in status to the Department of Aging
and Disability Services, and the Department of Aging
and Disability Services assumes, without a change in
status, the position of the  Department of Family and
Protective Services in a proceeding relating to guardianship
matters to which the Department of Family and Protective
Services is a party;


(7)  all money, contracts,
rights, and obligations of the Department of Family
and Protective Services related to providing guardianship
services for incapacitated persons under Chapter 48,
Human Resources Code, Chapter XIII, Texas Probate Code,
or other law are transferred to the Department of Aging
and Disability Services, subject to Subsection (b)
of this section;


(8)  all property and records
in the custody of the Department of Family and Protective
Services related to providing guardianship services
for incapacitated persons under Chapter 48, Human Resources
Code, Chapter XIII, Texas Probate Code, or other law
shall be transferred to the Department of Aging and
Disability Services; and


(9)  all funds appropriated
by the legislature to the Department of Family and
Protective Services for purposes related to providing
guardianship services for incapacitated persons under
Chapter 48, Human Resources Code, Chapter XIII, Texas
Probate Code, or other law are transferred to the Department
of Aging and Disability Services.


(b)  The Department of Aging
and Disability Services shall administer a contract
of the Department of Family and Protective Services
transferred under Subdivision (7), Subsection (a) of
this section, until the contract expires or is otherwise
lawfully terminated.


(c)  To effectuate a smooth
and orderly transfer of existing guardianship status,
a court may not require the Department of Family and
Protective Services or the Department of Aging and
Disability Services to comply with the provisions concerning
resignation of a guardian and appointment of a successor
guardian under Subpart D, Part 4, Chapter XIII, Texas
Probate Code, with respect to guardianship cases of
the Department of Family and Protective Services transferred
to the Department of Aging and Disability Services
under this section and Section 3.26 of this article.


(d)  A reference in a legal
document, including a letter of guardianship issued
under Section 659, Texas Probate Code, to the Department
of Family and Protective Services as guardian in an
existing guardianship or application for guardianship
that is pending on the effective date of this Act is
considered to be a reference to the Department of Aging
and Disability Services.


(e)  A public entity, a private
entity, or any other person, including a bank, a service
provider, law enforcement personnel, or medical personnel,
is required to accept the Department of Aging and Disability
Services' authority as guardian in the same manner
the entity or person would have accepted the Department
of Family and Protective Services' authority as guardian
of a particular ward.


(f)  The Department of Aging
and Disability Services may not be required to take
a new oath of guardianship under Section 700, Texas
Probate Code, with respect to a guardianship case transferred
to the department from the Department of Family and
Protective Services under this section and Section
3.26 of this article.


SECTION 3.26.  TRANSITION
PLAN.  The executive commissioner of the Health and
Human Services Commission shall establish a plan for
the transfer of guardianship cases of the Department
of Family and Protective Services to the Department
of Aging and Disability Services on or before the period
prescribed by the executive commissioner.


SECTION 3.27.  PROPOSED RULES
AND PROCEDURES.  Not later than March 1, 2006, the
Guardianship Certification Board established under
Chapter 111, Government Code, as added by this article,
shall develop rules and procedures for consideration
by the supreme court as required by Chapter 111, Government
Code, as added by this article.


SECTION 3.28.  APPOINTMENT
OF BOARD MEMBERS.  (a)  As soon as practicable after
the effective date of this Act, the supreme court shall
appoint 11 members who are not public members to the
Guardianship Certification Board in accordance with
Chapter 111, Government Code, as added by this article.
 In making the initial appointments, the supreme court
shall designate three members for terms expiring February
1, 2007, four members for terms expiring February 1,
2009, and four members for terms expiring February
1, 2011.


(b)  As soon as practicable
after the effective date of this Act, the supreme court
shall appoint four public members to the Guardianship
Certification Board in accordance with Chapter 111,
Government Code, as added by this article.  In making
the initial appointments, the supreme court shall designate
two members for terms expiring February 1, 2007, one
member for a term expiring February 1, 2009, and one
member for a term expiring February 1, 2011.


SECTION 3.29.  EFFECTIVE DATE
OF CERTIFICATION.  A person is not required to hold
a certificate issued under Subchapter C, Chapter 111,
Government Code, as added by this article, to provide
or continue to provide guardianship services to a ward
before September 1, 2007.



ARTICLE
4.  CERTAIN REQUIREMENTS AND LIMITATIONS RELATING TO
MARRIAGE; PROVIDING CRIMINAL PENALTIES



SECTION 4.01.  Article 38.10,
Code of Criminal Procedure, is amended to read as follows:


Art. 38.10.  EXCEPTIONS TO
THE SPOUSAL ADVERSE TESTIMONY PRIVILEGE.  The privilege
of a person's spouse not to be called as a witness
for the state does not apply in any proceeding in which
the person is charged with:


(1)  a crime committed
against the person's spouse, a minor child, or a member
of the household of either spouse; or


(2)  an offense under Section
25.01, Penal Code (Bigamy).


SECTION 4.02.  Subsections
(e) and (f), Section 22.011, Penal Code, are amended
to read as follows:


(e)  It is an affirmative
defense to prosecution under Subsection (a)(2) that:


(1)  the actor was not more
than three years older than the victim and at the time
of the offense:


(A)  was not required under
Chapter 62, Code of Criminal Procedure, as
added by Chapter 668, Acts of the 75th Legislature,
Regular Session, 1997, to register for life
as a sex offender; or


(B)  was not a person who
under Chapter 62, Code of Criminal Procedure,
had a reportable conviction or adjudication for an
offense under this section; and


(2)  the victim:


(A)  was a child of
14 years of age or older; and


(B)  was not a person whom
the actor was prohibited from marrying or purporting
to marry or with whom the actor was prohibited from
living under the appearance of being married under
Section 25.01.


(f)  An offense under this
section is a felony of the second degree, except
that an offense under this section is a felony of the
first degree if the victim was a person whom the actor
was prohibited from marrying or purporting to marry
or with whom the actor was prohibited from living under
the appearance of being married under Section 25.01.


SECTION 4.03.  Subsections
(c) and (e), Section 25.01, Penal Code, are amended
to read as follows:


(c)  It is a defense to prosecution
under Subsection (a)(1) that the actor reasonably believed
at the time of the commission of the offense
that the actor and the person whom the actor married
or purported to marry or with whom the actor lived
under the appearance of being married were legally
eligible to be married because the actor's prior
his marriage was void or had been
dissolved by death, divorce, or annulment.  For
purposes of this subsection, an actor's belief is reasonable
if the belief is substantiated by a certified copy
of a death certificate or other signed document issued
by a court.


(e)  An offense under this
section is a felony of the third degree, except
that if at the time of the commission of the offense,
the person whom the actor marries or purports to marry
or with whom the actor lives under the appearance of
being married is:


(1)  16 years of age or
older, the offense is a felony of the second degree;
or


(2)  younger than 16 years
of age, the offense is a felony of the first degree
Class A misdemeanor.


SECTION 4.04.  Subsections
(a) and (c), Section 25.02, Penal Code, are amended
to read as follows:


(a)  A person An
individual commits an offense if the person
he engages in sexual intercourse
or deviate sexual intercourse with another a
person the actor he knows
to be, without regard to legitimacy:


(1)  the actor's his
ancestor or descendant by blood or adoption;


(2)  the actor's current
or former his stepchild or stepparent,
while the marriage creating that relationship exists;


(3)  the actor's his
parent's brother or sister of the whole or half blood;


(4)  the actor's his
brother or sister of the whole or half blood or by
adoption; or


(5)  the children of the
actor's his brother or sister
of the whole or half blood or by adoption; or


(6)  the son or daughter
of the actor's aunt or uncle of the whole or half blood
or by adoption.


(c)  An offense under this
section is a felony of the third degree, unless
the offense is committed under Subsection (a)(6), in
which event the offense is a felony of the second degree.


SECTION 4.05.  Section 2.004,
Family Code, is amended by amending Subsection (b)
and adding Subsections (c) and (d) to read as follows:


(b)  The application form
must contain:


(1)  a heading entitled "Application
for Marriage License, ____________ County, Texas";


(2)  spaces for each applicant's
full name, including the woman's maiden surname, address,
social security number, if any, date of birth, and
place of birth, including city, county, and state;


(3)  a space for indicating
the document tendered by each applicant as proof of
identity and age;


(4)  spaces for indicating
whether each applicant has been divorced within the
last 30 days;


(5)  printed boxes for each
applicant to check "true" or "false" in response to
the following statement:  "I am not presently married
and the other applicant is not presently married.";


(6)  printed boxes for each
applicant to check "true" or "false" in response to
the following statement:  "The other applicant is not
related to me as:


(A)  an ancestor or descendant,
by blood or adoption;


(B)  a brother or sister,
of the whole or half blood or by adoption;


(C)  a parent's brother or
sister, of the whole or half blood or by adoption;
or


(D)  a son or daughter of
a brother or sister, of the whole or half blood or
by adoption;


(E)  a current or former
stepchild or stepparent; or


(F)  a son or daughter
of a parent's brother or sister, of the whole or half
blood or by adoption.";


(7)  printed boxes for each
applicant to check "true" or "false" in response to
the following statement:  "I am not presently delinquent
in the payment of court-ordered child support.";


(8)  a printed oath reading:
 "I SOLEMNLY SWEAR (OR AFFIRM) THAT THE INFORMATION
I HAVE GIVEN IN THIS APPLICATION IS CORRECT.";


(9)  spaces immediately below
the printed oath for the applicants' signatures;


(10)  a certificate of the
county clerk that:


(A)  each applicant made the
oath and the date and place that it was made; or


(B)  an applicant did not
appear personally but the prerequisites for the license
have been fulfilled as provided by this chapter;


(11)  spaces for indicating
the date of the marriage and the county in which the
marriage is performed; and


(12)  a space for the address
to which the applicants desire the completed license
to be mailed.


(c)  An applicant commits
an offense if the applicant knowingly provides false
information under Subsection (b)(1), (2), (3), or (4).
 An offense under this subsection is a Class C misdemeanor.


(d)  An applicant commits
an offense if the applicant knowingly provides false
information under Subsection (b)(5) or (6).  An offense
under this subsection is a Class A misdemeanor.


SECTION 4.06.  Section 2.005,
Family Code, is amended by adding Subsection (c) to
read as follows:


(c)  A person commits an
offense if the person knowingly provides false, fraudulent,
or otherwise inaccurate proof of an applicant's identity
or age under this section.  An offense under this subsection
is a Class A misdemeanor.


SECTION 4.07.  Section 2.007,
Family Code, is amended to read as follows:


Sec. 2.007.  AFFIDAVIT OF
ABSENT APPLICANT.  The affidavit of an absent applicant
must include:


(1)  the absent applicant's
full name, including the maiden surname of a female
applicant, address, date of birth, place of birth,
including city, county, and state, citizenship, and
social security number, if any;


(2)  a declaration that the
absent applicant has not been divorced within the last
30 days;


(3)  a declaration that the
absent applicant is:


(A)  not presently married;
or


(B)  married to the other
applicant and they wish to marry again;


(4)  a declaration that the
other applicant is not presently married and
is not related to the absent applicant as:


(A)  an ancestor or descendant,
by blood or adoption;


(B)  a brother or sister,
of the whole or half blood or by adoption;


(C)  a parent's brother or
sister, of the whole or half blood or by adoption;
or


(D)  a son or daughter of
a brother or sister, of the whole or half blood or
by adoption;


(E)  a current or former
stepchild or stepparent; or


(F)  a son or daughter
of a parent's brother or sister, of the whole or half
blood or by adoption;


(5)  a declaration that the
absent applicant desires to marry and the name, age,
and address of the person to whom the absent applicant
desires to be married;


(6)  the approximate date
on which the marriage is to occur;


(7)  the reason the absent
applicant is unable to appear personally before the
county clerk for the issuance of the license; and


(8)  if the absent applicant
will be unable to attend the ceremony, the appointment
of any adult, other than the other applicant, to act
as proxy for the purpose of participating in the ceremony.


SECTION 4.08.  Subsections
(a) and (b), Section 2.009, Family Code, are amended
to read as follows:


(a)  Except as provided by
Subsections (b) and (d), the county clerk may not issue
a license if either applicant:


(1)  fails to provide the
information required by this subchapter;


(2)  fails to submit proof
of age and identity;


(3)  is under 16 14
years of age and has not been granted a court order
as provided by Section 2.103;


(4)  is 16 14
years of age or older but under 18 years of age and
has not presented at least one of the following:


(A)  parental consent as provided
by Section 2.102;


(B)  documents establishing
that a prior marriage of the applicant has been dissolved;
or


(C)  a court order as provided
by Section 2.103;


(5)  checks "false" in response
to a statement in the application, except as provided
by Subsection (b) or (d), or fails to make a required
declaration in an affidavit required of an absent applicant;
or


(6)  indicates that the applicant
has been divorced by a decree of a court of this state
within the last 30 days, unless:


(A)  the applicants were divorced
from each other; or


(B)  the prohibition against
remarriage is waived as provided by Section 6.802.


(b)  If an applicant checks
"false" in response to the statement "I am not presently
married and the other applicant is not presently
married," the county clerk shall inquire as to
whether the applicant is presently married to the other
applicant.  If the applicant states that the applicant
is currently married to the other applicant, the county
clerk shall record that statement on the license before
the administration of the oath.  The county clerk may
not refuse to issue a license on the ground that the
applicants are already married to each other.


SECTION 4.09.  Section 2.102,
Family Code, is amended by amending Subsection (a)
and adding Subsections (g) and (h) to read as follows:


(a)  If an applicant is 16
14 years of age or older but under
18 years of age, the county clerk shall issue the license
if parental consent is given as provided by this section.


(g)  A person commits an
offense if the person knowingly provides parental consent
for an underage applicant under this section and the
person is not a parent or a judicially designated managing
conservator or guardian of the applicant.  An offense
under this subsection is a Class A misdemeanor.


(h)  A parent or judicially
designated managing conservator or guardian of an applicant
commits an offense if the parent, managing conservator,
or guardian knowingly provides parental consent under
this section for an applicant who is younger than 16
years of age or who is presently married to a person
other than the person the applicant desires to marry.
 An offense under this subsection is a felony of the
third degree.


SECTION 4.10.  Section 2.202,
Family Code, is amended by adding Subsections (c) and
(d) to read as follows:


(c)  Except as provided
by Subsection (d), a person commits an offense if the
person knowingly conducts a marriage ceremony without
authorization under this section.  An offense under
this subsection is a Class A misdemeanor.


(d)  A person commits an
offense if the person knowingly conducts a marriage
ceremony of a minor whose marriage is prohibited by
law or of a person who by marrying commits an offense
under Section 25.01, Penal Code.  An offense under
this subsection is a felony of the third degree.


SECTION 4.11.  Section 2.302,
Family Code, is amended to read as follows:


Sec. 2.302.  CEREMONY CONDUCTED
BY UNAUTHORIZED PERSON.  The validity of a marriage
is not affected by the lack of authority of the person
conducting the marriage ceremony if:


(1)  there was a reasonable
appearance of authority by that person; and


(2)  at least one party to
the marriage participated in the ceremony in good faith
and that party treats the marriage as valid; and


(3)  neither party to the
marriage:


(A)  is a minor whose marriage
is prohibited by law; or


(B)  by marrying commits
an offense under Section 25.01, Penal Code.


SECTION 4.12.  Section 2.401,
Family Code, is amended by adding Subsection (d) to
read as follows:


(d)  A person may not be
a party to an informal marriage or execute a declaration
of an informal marriage if the person is presently
married to a person who is not the other party to the
informal marriage or declaration of an informal marriage,
as applicable.


SECTION 4.13.  Subsection
(b), Section 2.402, Family Code, is amended to read
as follows:


(b)  The declaration form
must contain:


(1)  a heading entitled "Declaration
and Registration of Informal Marriage, ___________
County, Texas";


(2)  spaces for each party's
full name, including the woman's maiden surname, address,
date of birth, place of birth, including city, county,
and state, and social security number, if any;


(3)  a space for indicating
the type of document tendered by each party as proof
of age and identity;


(4)  printed boxes for each
party to check "true" or "false" in response to the
following statement:  "The other party is not related
to me as:


(A)  an ancestor or descendant,
by blood or adoption;


(B)  a brother or sister,
of the whole or half blood or by adoption;


(C)  a parent's brother or
sister, of the whole or half blood or by adoption;
or


(D)  a son or daughter of
a brother or sister, of the whole or half blood or
by adoption;


(E)  a current or former
stepchild or stepparent; or


(F)  a son or daughter
of a parent's brother or sister, of the whole or half
blood or by adoption.";


(5)  a printed declaration
and oath reading:  "I SOLEMNLY SWEAR (OR AFFIRM) THAT
WE, THE UNDERSIGNED, ARE MARRIED TO EACH OTHER BY VIRTUE
OF THE FOLLOWING FACTS:  ON OR ABOUT (DATE) WE AGREED
TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER
AS HUSBAND AND WIFE AND IN THIS STATE WE REPRESENTED
TO OTHERS THAT WE WERE MARRIED.  SINCE THE DATE OF
MARRIAGE TO THE OTHER PARTY I HAVE NOT BEEN MARRIED
TO ANY OTHER PERSON.  THIS DECLARATION IS TRUE AND
THE INFORMATION IN IT WHICH I HAVE GIVEN IS CORRECT.";


(6)  spaces immediately below
the printed declaration and oath for the parties' signatures;
and


(7)  a certificate of the
county clerk that the parties made the declaration
and oath and the place and date it was made.


SECTION 4.14.  Section 2.403,
Family Code, is amended to read as follows:


Sec. 2.403.  PROOF OF IDENTITY
AND AGE; OFFENSE.  (a)  The county clerk
shall require proof of the identity and age of each
party to the declaration of informal marriage to be
established by a certified copy of the party's birth
certificate or by some certificate, license, or document
issued by this state or another state, the United States,
or a foreign government.


(b)  A person commits an
offense if the person knowingly provides false, fraudulent,
or otherwise inaccurate proof of the person's identity
or age under this section.  An offense under this subsection
is a Class A misdemeanor.


SECTION 4.15.  Section 6.101,
Family Code, is amended to read as follows:


Sec. 6.101.  ANNULMENT OF
MARRIAGE OF PERSON UNDER AGE 16 14.
 (a)  The court may grant an annulment of a licensed
marriage of a person under 16 14
years of age unless a court order has been obtained
as provided in Subchapter B, Chapter 2.


(b)  A petition for annulment
under this section may be filed by a next friend for
the benefit of a person under 16 14
years of age or on the petition of the parent or the
judicially designated managing conservator or guardian,
whether an individual, authorized agency, or court,
of the person.


(c)  A suit by a parent, managing
conservator, or guardian of the person may be brought
at any time before the person is 16 14
years of age.


(d)  A suit under this section
to annul the marriage of a person 16 14
years of age or older that was entered into before
the person was 16 14 years
of age is barred unless the suit is filed within the
later of:


(1)  90 days after the date
the petitioner knew or should have known of the marriage;
or


(2)  90 days after the date
of the 16th 14th birthday
of the underage party.


SECTION 4.16.  Subsection
(a), Section 6.102, Family Code, is amended to read
as follows:


(a)  The court may grant an
annulment of a licensed or informal marriage of a person
16 14 years of age or older
but under 18 years of age that occurred without parental
consent or without a court order as provided by Subchapters
B and E, Chapter 2.


SECTION 4.17.  Subchapter
C, Chapter 6, Family Code, is amended by adding Sections
6.205 and 6.206 to read as follows:


Sec. 6.205.  MARRIAGE TO
MINOR.  A marriage is void if either party to the marriage
is younger than 16 years of age.


Sec. 6.206.  MARRIAGE TO
STEPCHILD OR STEPPARENT.  A marriage is void if a party
is a current or former stepchild or stepparent of the
other party.


SECTION 4.18.  Under the terms
of Subsection (b), Section 22.109, Government Code,
Rule 504(b)(1), Texas Rules of Evidence, is disapproved
to the extent that the rule conflicts with Article
38.10, Code of Criminal Procedure, as amended by this
article.


SECTION 4.19.  The changes
in law made by this article in amending Article 38.10,
Code of Criminal Procedure, and Sections 22.011, 25.01,
and 25.02, Penal Code, apply only to an offense committed
on or after the effective date of this Act.  An offense
committed before the effective date of this Act is
covered by the law in effect at the time the offense
was committed, and the former law is continued in effect
for that purpose.  For purposes of this section, an
offense was committed before the effective date of
this Act if any element of the offense was committed
before that date.


SECTION 4.20.  The changes
in law made by this article to Sections 2.004, 2.005,
2.007, 2.009, and 2.102, Family Code, apply only to
an application for a marriage license filed on or after
the effective date of this Act.  An application filed
before the effective date of this Act is governed by
the law in effect on the date the application was filed,
and the former law is continued in effect for that
purpose.


SECTION 4.21.  The changes
in law made by this article to Sections 2.202 and 2.302,
Family Code, apply only to a marriage ceremony that
is conducted on or after the effective date of this
Act.  A marriage ceremony conducted before the effective
date of this Act is governed by the law in effect on
the date the ceremony was conducted, and the former
law is continued in effect for that purpose.


SECTION 4.22.  Subsection
(d), Section 2.401, Family Code, as added by this article,
applies to an informal marriage or a declaration of
an informal marriage regardless of when the informal
marriage was entered into or the declaration was executed.


SECTION 4.23.  The changes
in law made by this article to Subsection (b), Section
2.402, and Section 2.403, Family Code, apply to a declaration
of an informal marriage executed on or after the effective
date of this Act.  A declaration executed before the
effective date of this Act is governed by the law in
effect on the date the declaration was executed, and
the former law is continued in effect for that purpose.


SECTION 4.24.  The changes
in law made by this article by the amendment of Section
6.101 and Subsection (a), Section 6.102, Family Code,
and the enactment of Sections 6.205 and 6.206, Family
Code, apply only to a marriage entered into on or after
the effective date of this Act.  A marriage entered
into before the effective date of this Act is governed
by the law in effect on the date the marriage was entered
into, and the former law is continued in effect for
that purpose.



ARTICLE
5.  REPORT; EFFECTIVE DATE



SECTION 5.01.  (a)  Not later
than the 180th day after the effective date of this
Act, and every six months after that date, the Health
and Human Services Commission shall provide a detailed
progress report on the implementation of the provisions
of this Act to:


(1)  the governor;


(2)  the Legislative Budget
Board;


(3)  the lieutenant governor;


(4)  the speaker of the house
of representatives;


(5)  appropriate oversight
committees of the legislature; and


(6)  the state auditor.


(b)  Each progress report
must address:


(1)  the achievement status
of each major element of reform and each of the performance
milestones specified in this Act;


(2)  any significant obstacles
encountered by the Health and Human Services Commission,
Department of Family and Protective Services, or Department
of Aging and Disability Services in implementing the
provisions of this Act, and the steps proposed to resolve
those obstacles;


(3)  any provision of this
Act the Health and Human Services Commission, Department
of Family and Protective Services, or Department of
Aging and Disability Services determines that it is
unable to fully implement due to insufficient funds;


(4)  any significant unanticipated
fiscal implications associated with the implementation
of this Act, and recommendations for addressing the
fiscal implications in the most cost-effective manner;
and


(5)  steps taken to enhance
internal and external accountability for:


(A)  achieving favorable outcomes
for children needing protective services and adults
needing protective services or guardianship services;
and


(B)  the expenditure of public
funds.


(c)  In accordance with Chapter
321, Government Code, the state auditor may conduct
financial and compliance audits related to the implementation
of this Act as specified in an audit plan.  The state
auditor shall coordinate an audit performed under this
subsection with the Health and Human Services Commission,
Department of Family and Protective Services, and Department
of Aging and Disability Services internal auditors
and the commission's office of inspector general to
avoid duplication of effort.


(d)  Except as provided by
this subsection, this section expires September 1,
2010.  Subsections (a) and (b) of this section expire
September 1, 2009.


SECTION 5.02.  This Act takes
effect September 1, 2005.



______________________________    ______________________________



President
of the Senate             Speaker of the House



I hereby certify that S.B.
No. 6 passed the Senate on March 3, 2005, by the following
vote:  Yeas 30, Nays 0; April 26, 2005, Senate refused
to concur in House amendments and requested appointment
of Conference Committee; April 28, 2005, House granted
request of the Senate; May 29, 2005, Senate adopted
Conference Committee Report by the following vote:
 Yeas 30, Nays 1.




______________________________


    Secretary of the
Senate




I hereby certify that S.B.
No. 6 passed the House, with amendments, on April 20,
2005, by the following vote:  Yeas 135, Nays 6, two
present not voting; April 28, 2005, House granted request
of the Senate for appointment of Conference Committee;
May 29, 2005, House adopted Conference Committee Report
by the following vote:  Yeas 124, Nays 20, three present
not voting.




______________________________


    Chief Clerk of
the House




Approved:


______________________________


            Date


______________________________


           Governor