Bill Text: TX HB2038 | 2013-2014 | 83rd Legislature | Engrossed

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Bill Title: Relating to addressing disproportionality and disparities in the education, juvenile justice, child welfare, health, and mental health systems, the continuation and operation of the Interagency Council for Addressing Disproportionality, and the duties of the Center for Elimination of Disproportionality and Disparities.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2013-05-10 - Referred to Health & Human Services [HB2038 Detail]

Download: Texas-2013-HB2038-Engrossed.html

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By: Dukes, Raymond, Coleman H.B. No. 2038

A BILL TO BE ENTITLED
AN ACT
relating to addressing disproportionality and disparities in the
education, juvenile justice, child welfare, health, and mental
health systems, the continuation and operation of the Interagency
Council for Addressing Disproportionality, and the duties of the
Center for Elimination of Disproportionality and Disparities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 107A, Health and Safety Code, is amended
by adding Sections 107A.0021, 107A.0022, and 107A.004 and amending
Section 107A.003 to read as follows:
Sec. 107A.0021. DUTIES OF CENTER; REPORT. (a) The center
shall:
(1) identify the social determinants and health
conditions in most need of high-impact response to address
disproportionality and disparities across health and human
services agencies;
(2) monitor the implementation of plans to address
health disparities across health and human services agencies;
(3) assist the Health and Human Services Commission
and any other relevant health and human services, education,
juvenile justice, child welfare, and mental health agencies in
developing cross-systems performance measures aligned with the
components of the Texas model for addressing disproportionality and
disparities in the education, juvenile justice, child welfare,
health, and mental health systems adopted under Section 2.003(b),
Human Resources Code; and
(4) implement the Texas model for addressing
disproportionality and disparities in the education, juvenile
justice, child welfare, health, and mental health systems adopted
under Section 2.003(b), Human Resources Code.
(b) Not later than July 1 of each year, the center shall
submit a report to the executive commissioner of the Health and
Human Services Commission detailing the center's findings and
activities under Subsections (a)(1) and (2).
Sec. 107A.0022. CULTURAL AWARENESS. The center shall:
(1) advise each health and human services, education,
juvenile justice, child welfare, and mental health agency on the
implementation and delivery of cultural competency training to all
service delivery staff, including persons providing service
delivery under a single source continuum contract; and
(2) develop collaborative partnerships with community
groups, agencies, faith-based organizations, and other community
organizations to support the delivery of culturally competent
services to children and families of every race and ethnicity.
Sec. 107A.003. FUNDING. The Health and Human Services
Commission may distribute to the center unobligated and unexpended
appropriations to be used to carry out its powers and perform its
duties.
Sec. 107A.004. CONTRACTS. The center may not contract with
an entity to perform services connected with the center's
responsibilities, duties, or obligations under this chapter unless
the entity has been screened, reviewed, and approved by the
executive commissioner of the Health and Human Services.
SECTION 2. Section 2.002, Human Resources Code, is amended
by amending Subsection (a) and adding Subsection (f) to read as
follows:
(a) The council consists of:
(1) one representative from each of the following
agencies appointed by the executive director, director, or
commissioner of each agency:
(A) the Texas Education Agency;
(B) the Center for Elimination of
Disproportionality and Disparities within the Health and Human
Services Commission;
(C) the Department of Assistive and
Rehabilitative Services;
(D) the Department of Aging and Disability
Services;
(E) the Department of State Health Services;
(F) the Department of Family and Protective
Services;
(G) the Texas Juvenile Justice Department [Youth
Commission;
[(H) the Texas Juvenile Probation Commission];
(H) [(I)] the Health and Human Services
Commission; and
(I) [(J)] the Office of Court Administration of
the Texas Judicial System;
(2) one representative of the office of the attorney
general appointed by the attorney general;
(3) one representative of the Permanent Judicial
Commission for Children, Youth and Families appointed by the chair
of the commission;
(4) five representatives [one representative] of the
community appointed by the executive commissioner of the Health and
Human Services Commission, including:
(A) one person who works with a community-based
organization that works with child welfare, juvenile justice,
education, or children's mental health issues;
(B) one person who is a former foster care youth;
(C) one person who is a director of special
education for a public school district; and
(D) two persons who are current or former
recipients of services provided by the child welfare, juvenile
justice, education, or children's mental health systems [appointed
by the executive commissioner of the Health and Human Services
Commission];
(5) one representative of a faith-based community
organization appointed by the executive commissioner of the Health
and Human Services Commission;
(6) one representative of the criminal justice
division of the governor's office appointed by the governor;
(7) [one person who is a former foster care youth
appointed by the executive commissioner of the Health and Human
Services Commission; and]
[(8)] two representatives of the medical community
appointed by the executive commissioner of the Health and Human
Services Commission; and
(8) one representative of the business community
appointed by the executive commissioner of the Health and Human
Services Commission.
(f) A member of the council appointed under Subsection
(a)(4), (5), (7), or (8) may not serve on the council for more than
two years.
SECTION 3. Sections 2.003, 2.005, and 2.008, Human
Resources Code, are amended to read as follows:
Sec. 2.003. COUNCIL DUTIES; TEXAS MODEL FOR ADDRESSING
DISPROPORTIONALITY AND DISPARITIES [IN PREPARATION OF REPORT]. (a)
The council's duties include:
(1) reviewing the delivery of public and private child
welfare, juvenile justice, and mental health services to evaluate
the disproportionate rates of use of the services by children who
are members of a racial or ethnic minority group;
(2) reviewing the delivery of public education
services to determine which of those services are delivered
disproportionately to children who are members of a racial or
ethnic minority group;
(3) reviewing federal, state, and local funds
appropriated to address the disproportionate use of children's
services by children who are members of a racial or ethnic minority
group;
(4) reviewing current best practice standards
addressing the disproportionate use of children's services by
children who are members of a racial or ethnic minority group;
(5) examining the qualifications and training of
children's service providers and making recommendations for
training curriculum and other necessary changes;
(6) recommending methods to improve use of available
public and private funds to address the disproportionate use of
children's services by children who are members of a racial or
ethnic minority group;
(7) providing information concerning identified unmet
children's service needs and providing recommendations concerning
the development of resources to meet the identified needs;
(8) examining outcomes for children who are members of
a racial or ethnic minority group who have exited or will exit the
public and private child welfare, juvenile justice, mental health,
and education systems; and
(9) recommending administrative and legislative
actions related to appropriate programs and services to reduce and
eliminate disparities in the systems and improve the long-term
outcomes for children who are members of a racial or ethnic minority
group who are served by the systems[; and
[(10) preparing a report consisting of the council's
findings and recommendations and the presentation of an
implementation plan to address disproportionate representation of
children who are members of a racial or ethnic minority group in the
use of children's services].
(b) Based on its research and findings, the council shall
develop and recommend to the commissioner a Texas model for
addressing disproportionality and disparities in the education,
juvenile justice, child welfare, health, and mental health systems
to be implemented across the relevant state agencies.
Sec. 2.005. COUNCIL REPORT. Not later than December 1,
2014 [2012], the council shall prepare and submit to the lieutenant
governor, the speaker of the house of representatives, and the
legislature a report containing:
(1) the status of the implementation of the Texas
model for addressing disproportionality and disparities in the
education, juvenile justice, child welfare, health, and mental
health systems adopted under Section 2.003(b); [council's findings
and recommendations for addressing the disproportionate
representation of children who are members of a racial or ethnic
minority group in the use of children's services] and
(2) the council's recommendation as to whether to
continue the council.
Sec. 2.008. EXPIRATION OF CHAPTER. This chapter expires
December 1, 2015 [2013].
SECTION 4. Section 2.004(c), Human Resources Code, is
repealed.
SECTION 5. The Center for Elimination of Disproportionality
and Disparities within the Health and Human Services Commission is
not required to submit the initial report required under Section
107A.0021(b), Health and Safety Code, as added by this Act, before
July 1, 2014.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.