85R10956 GCB-F By: Zaffirini S.B. No. 2077 A BILL TO BE ENTITLED AN ACT relating to the provision of protective services and the conduct of certain investigations through the adult protective services program of the Department of Family and Protective Services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 40.002(b), Human Resources Code, as effective September 1, 2017, is amended to read as follows: (b) Except as provided by Section 40.0025, the department shall: (1) provide protective services for children and elderly persons and persons with disabilities, including investigations of alleged abuse, neglect, or exploitation by a provider the department has authority to investigate under Section 48.252 or under Section 261.404, Family Code [in facilities of the Department of State Health Services and the Department of Aging and Disability Services or the successor agency for either of those agencies]; (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, 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 2. Section 40.0025(b), Human Resources Code, is amended to read as follows: (b) In accordance with Subchapter A-1, Chapter 531, Government Code, and notwithstanding any other law, the department performs only functions, including the statewide intake of reports and other information, related to the following services: (1) child protective services, including services that are required by federal law to be provided by this state's child welfare agency; (2) adult protective services, including investigations conducted by adult protective services under Section 48.252 or under Section 261.404, Family Code [other than investigations of the alleged abuse, neglect, or exploitation of an elderly person or person with a disability: [(A) in a facility operated, or in a facility or by a person licensed, certified, or registered, by a state agency; or [(B) by a provider that has contracted to provide home and community-based services]; and (3) prevention and early intervention services functions, including: (A) prevention and early intervention services as defined under Section 265.001, Family Code; and (B) programs that: (i) provide parent education; (ii) promote healthier parent-child relationships; or (iii) prevent family violence. SECTION 3. Section 531.02011, Government Code, is amended to read as follows: Sec. 531.02011. PHASE TWO: FINAL TRANSFERS TO COMMISSION. On the dates specified in the transition plan required under Section 531.0204, the following functions are transferred to the commission as provided by this subchapter: (1) all functions of each state agency and entity subject to abolition under Section 531.0202(b) that remained with the agency or entity after the initial transfer of functions under Section 531.0201 or a transfer of administrative support services functions under Section 531.02012; (2) regulatory functions and functions related to state-operated institutions of the Department of State Health Services; and (3) regulatory functions of the Department of Family and Protective Services, other than regulatory functions of the department's adult protective services program involving investigations conducted under Section 48.252, Human Resources Code, or Section 261.404, Family Code. SECTION 4. Section 531.02013, Government Code, is amended to read as follows: Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES. The following functions are not subject to transfer under Sections 531.0201 and 531.02011: (1) the functions of the Department of Family and Protective Services, including the statewide intake of reports and other information, related to the following: (A) child protective services, including services that are required by federal law to be provided by this state's child welfare agency; (B) adult protective services, including investigations conducted by adult protective services under Section 48.252, Human Resources Code, or Section 261.404, Family Code [other than investigations of the alleged abuse, neglect, or exploitation of an elderly person or person with a disability: [(i) in a facility operated, or in a facility or by a person licensed, certified, or registered, by a state agency; or [(ii) by a provider that has contracted to provide home and community-based services]; and (C) prevention and early intervention services; and (2) the public health functions of the Department of State Health Services, including health care data collection and maintenance of the Texas Health Care Information Collection program. SECTION 5. This Act takes effect September 1, 2017.