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.