Texas Legislation

The Texas Biennial Budget Cycle

Texas Politics: The Budget Process in Texas (Source: Liberal Arts Instructional Technology Services, University of Texas at Austin)

82nd LEGISLATURE STATISTICS

*There are reserved numbers which is why the total count doesn't match the last number

	2011			2009			Filed		Passed
Bill Type	Filed	Passed	%	Filed	Passed	%	+/-	%	+/-	%
House Bills	3865	797	20.6%	4836	867	17.9%	-971	-20.1%	-70	-8.1%
Senate Bills	1931	582	30.1%	2583	592	22.9%	-652	-25.2%	-10	-1.7%
House Joint Resolutions	154	3	1.9%	140	9	6.4%	14	10.0%	-6	-66.7%
Senate Joint Resolutions	53	8	15.1%	50	0	0.0%	3	6.0%	8	100.0%
House Concurrent Resolutions	173	101	58.4%	285	203	71.2%	112	-39.3%	-102	-50.2%
Senate Concurrent Resolutions	60	41	68.3%	86	55	64.0%	-26	-30.2%	-14	-25.5%
Totals	6236	1532	24.6%	7980	1726	21.6%	-1744	-21.9%	-194	-11.2%

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82nd Legislature Final Bills

FOSTER YOUTH – HIGHER EDUCATION
HB 452 by Lucio III-Lucio: Relating to temporary housing between academic terms for certain postsecondary students who have been under the conservatorship of the Department of Family and Protective Services.

• This bill adds a section to the Education Code to require colleges to assist former foster youth with temporary housing during the summer months between academic terms.
• The youth must have been in foster care on the day before their 18th birthday or emancipated by the court; be enrolled full time in the term immediately preceding and immediately following the term for which the student needs assistance; and lack other reasonable temporary housing options between terms.
• On the student’s request, the institution of higher education must assist the student in locating temporary housing; and if needed, provided a financial stipend to cover costs of temporary housing not covered by other aid.
• The receipt of the stipend does not prevent the student from receiving other stipends based on student’s need.
• Schools may use available revenue and may solicit gifts, grants and donations for this purpose.
• Effective June 17, 2011.

 

FOSTER CARE – NOTICE BEFORE PLACEMENT MOVE
HB 807 by Parker-Nelson: Relating to the notice provided to a foster parent before a change in a child's foster care placement.

• Adds a section to the Family Code that requires DFPS to provided a written notice to a residential child care facility or child placing agency at least 48 hours before moving a child from that facility, except in the case of an emergency, court order, or agreement with facility.
• Effective September 1, 2011.

 

FOSTER YOUTH – FOSTER CHILD RIGHTS; OBTAINING CREDIT REPORT
HB 2170 by Raymond-Davis, Wendy: Relating to the rights of a foster child and to assisting a foster child in obtaining the child's credit report.

• This bills adds a section to the Family Code codifying the foster children’s bill of rights.
• Requires that each child in foster care be informed of their rights provided by state and federal policies.
• Requires the department to provide written copy to the child in the child’s primary language; and explain or successfully communicate with the child these rights.
• The child may choose to sign the document acknowledging understanding after receiving the written copy and having it explained to them; the signed document must be placed in the child’s case file.
• The agency, home or facility must provide a child a copy of their rights upon request; and have it printed in English and a second language.
• The department will promote the participation of current and former foster youth in educating other foster children about the bill of rights.
• The department will develop and implement policy for handling reports that the rights of a child are not being observed, and inform the child and their caregiver the method for filing a report to the department.
• Requires the department to ensure that each child in PMC who is 16 or older obtains a free copy of their credit report each year until the child is discharged; and receives information about how to interpret and correct the report.
• Effective September 1, 2011.

 

FOSTER YOUTH – CASE RECORDS
HB 3234 by Hernandez Luna-Davis, Wendy: Relating to the prioritization of requests to release certain case records maintained by the Department of Family and Protective Services.

• This bills adds a section to the Family Code requiring the department to establish guidelines for prioritizing requests to release certain case records for former foster youth.
•  Effective September 1, 2011.

 

FOSTER CARE – MEDICATIONS
HB 3531 by Strama-Nelson: Relating to the a system for monitoring prescriptions of certain drugs under the Medicaid program for children in foster care.

• Adds a section to the Government Code requiring HHSC to implement a system that will use Medicaid prescription drug data to monitor the use of psychotropic drugs for children in the conservatorship of the state and who are enrolled in the STAR Health Medicaid managed care program; and also include  a medical review as part of the monitoring system.
• If necessary to implement this monitoring system, an agency may request a federal waiver or authorization form, and delay the implementation until the waiver or authorization is granted.
• Effective September 1, 2011.

 

FOSTER CARE – IMPROVEMENTS, REDESIGN
SB 218 by Nelson-Dukes: Relating to procedures in certain suits affecting the parent-child relationship and the operation of the child protective services and foster care systems.

• Adds a section to the Family Code prohibiting written agreements between DFPS and parent/adult caring for a child that requires certain actions after the case is closed to ensure the child’s safety.
• Adds a section to the Family Code that if during the course of an investigation a child younger than 11 tests positive for a sexual transmitted disease, requires DFPS to appoint a special investigator to assist in the investigation of the case and to file suit requesting an emergency order for possession of the child, unless after taking certain actions, the department finds that the removal is not necessary for the protection of the child. If  the department determines abuse likely occurred, will work with law enforcement to obtain a search warrant to force alleged perpetrator to undergo testing for STD.
• Amends the Family Code to allow DFPS to file a protective order on behalf of the child or assist a parent/adult in obtaining a protective order.
• Amends the Family Code to require that the original service plan be developed jointly by the child’s parents and the department and includes informing parents of their rights in connection with the service plan; if parent is not able to participate, must be noted in plan. The department may file a plan without parents’ signature if parent is unable or unwilling to participate in the development of the original service plan.
• Amends the Family Code to require the department to work with the parents to jointly develop any amendment to the service plan. Allows a parent to file at any time a motion to request a review and modification of the amended service plan.
• Amends the Family Code to allow the court to incorporate the original and amended service plan into the court orders if it deems necessary, and render additional orders if appropriate.
• Amends the Family Code to require the department to collect and report service and outcome information for certain current and former foster youth for use in the National Youth in Transition database as required by federal law; and removes provisions requiring the department to conduct an annual survey of certain children.
• Amends the Government Code to expand the list of those for whom DFPS may obtain criminal history records to include employees and volunteers, and anyone 14 or older who is regularly working or stay at an entity that provides supervised independent living services.
• Amends the Human Resources Code to add training for CPS caseworkers that includes benefits of using a protective order as opposed to removing a child.
• Adds a section to the Transportation Code which eliminates fees for obtaining a driver’s license for certain youth in the care of DFPS.
• Provides that DFPS implement the Foster Care Redesign recommendations, per the report from December 2010, and submitted to the legislature; and also that HHSC use a payment system based on performance targets, not to exceed appropriated amounts for fiscal year 2012 unless a result of caseload growth. Foster care redesign shall be phased in over a reasonable time and during that time, current reimbursement rates shall remain effective. DFPS will submit a status report the legislature by December 1, 2012.
• Effective September 1, 2011.

 

FOSTER CARE – MENTAL HEALTH SERVICES
SB 219 by Nelson-Gonzalez, Naomi: Relating to health and mental health services for children in foster care and kinship care.

• Amends the Family Code to include trauma-informed training for CPS caseworker supervisors; adds an annual evaluation of the effectiveness of such training toward a trauma-informed system of care; requires an annual refresher course for caseworkers and supervisors; to the extent funds are available, directs the department to assist CASAs, CACs, local mental health centers, and domestic violence shelters in developing training in trauma-informed programs and services and in locating money and resources to assist in providing this training.
• Amends the Government Code to require HHSC to find ways to increase the use of telemedicine in underserved areas of the state by STAR Health providers and to encourage providers to use telemedicine medical services appropriately.
• Amends the Government Code to require STAR Health-contracted physicians and  providers be offered training in trauma-informed care and encourage providers to be trained in post-traumatic stress disorder and attention-deficit/hyperactivity disorder within a reasonable time after the physician or provider begins providing services; HHSC shall encourage compliance with the regimen of care prescribed by Texas Health Steps.
• Effective September 1, 2011.

 

DFPS – DECISIONS DURING INVESTIGATION
HB 848 by Guillen-Zaffirini: Relating to an agreement authorizing certain persons to make decisions regarding a child during an investigation of child abuse or neglect.

• This bill amends the Family Code to allow a parent to enter into an authorization agreement with a relative or other person caring for a child under a child safety placement agreement either during an investigation or while the department is providing services to the parent.
• Effective September 1, 2011.

 

DFPS – REPORTING A MISSING CHILD
HB 943 by Dukes-Nelson: Relating to reporting requirements concerning missing persons, including missing children in the managing conservatorship of the Department of Family and Protective Services.

• This bill adds a section to the Family Code codifying DFPS policy for reporting missing children in the state’s conservatorship.
• If a child in the state’s conservatorship is missing from the substitute care provider, including abductions and runaways, DFPS must notify law enforcement, the presiding court, the child’s attorney ad litem and guardian ad litem, the child’s parent unless the parent cannot be located or has had terminated or relinquished parental rights.
• Notice must be received not more than 24 hours after DFPS learns of the missing child or as soon as possible.
• Also requires DFPS to notify the same persons within 24 hours, or as soon as possible, when the missing child returns to substitute care.
• Requires DFPS to make continuing efforts to locate the child until the child returns to care, including contacting on a monthly basis appropriate law enforcement, the child’s relatives, former caregivers, and any state or local social service agency that may be providing services to the child; and conducting a supervisory review of the case on a quarterly basis if the child is 15 or younger to determine if sufficient efforts to locate the child have been made.
• DFPS will document in the child’s record the actions taken to determine the location of the child and to persuade the child to return, any discussion during and determination resulting from the supervisory-level briefing, any discussion with law enforcement following the return of the child, and any discussion with the child.
• After a child returns to care, DFPS will interview the child to determine reasons why the child was missing and where the child stayed; will report to law enforcement within 24 hours if the child was a victim of  a crime; and will not interview if the department knows the child was abducted and another agency is investigating.
• Amends the Code of Criminal Procedure to require law enforcement, upon receiving a report of a missing child, to immediately but not later than two hours after receiving the report, enter that child’s information into a national clearinghouse with identifying features.
• Effective September 1, 2011.

 

DFPS – PERMANENCY CARE ASSISTANCE PROGRAM
HB 2370 by Dukes-West: Relating to certain notice to applicants to provide care under the permanency care assistance program.

• This bill adds a section to the Family Code that requires the department or a child placing agency to notify an applicant wishing to become licensed or verified to provide foster care in order to qualify for permanency care assistance, to be notified of a background check that includes criminal history, and inform the applicant of criminal convictions that will preclude the individual from becoming a licensed or verified home and also may be consider in evaluating the individual’s application.
• Effective September 1, 2011.

 

DFPS – PARENTAL CHILD SAFETY PLACEMENTS
SB 993 by Uresti-Rodriguez: Relating to the removal of children by the Department of Family and Protective Services, including certain arrangements to provide care for a child during an investigation of abuse or neglect.

• This bill adds a subchapter to the Family Code on parental child safety placements and parental child safety placement agreements. Parental child safety placement is a temporary out-of-home placement of a child with a caregiver that is made by a parent or other person with whom the child resides in accordance with a written agreement approved by the department that ensures the safety of a child during an investigation or while a parent is receiving services.
• The bill includes rules on the parental child safety placement agreement, caregiver evaluations, department procedures for closing the case, placement preference during conservatorship, and information provided to relatives and other individuals during the investigation.
• The department must file a report no later than the 10th day before a hearing date regarding efforts to locate and provide information to relatives and certain individuals.
• Amends the Family Code to allow the court to modify an original or amended service plan at any time and clarifies other procedures related to the court and the service plan.
• Effective September 1, 2011.

 

COURTS – ACCESS TO CHILD’S RECORDS
HB 2488 by Scott-Harris: Relating to access to a child's medical records by the child's attorney ad litem, guardian ad litem, or amicus attorney.

• This bill amends the Family Code to allow a child’s attorney ad litem, guardian ad litem or amicus attorney access to the child’s medical records without requiring further court order or release, except for confidential information that is protected by federal law.
• Effective May 30, 2011.

 

COURTS – TRAINING FOR JUDGES
SB 283 by Harris-Scott: Relating to the appointment of associate judges in child protective services cases.

• This bill amends the Family Code to expand the roll of associate judges to complete all cases related to child protection.
• Effective June 17, 2011.

 

REGULATION
SB 78 by Nelson-Laubenberg: Relating to adverse licensing, listing, or registration decisions by certain health and human services agencies.

• This bill adds a section to the Government Code requiring each HHSC agency that regulates certain persons and facilities to maintain records of each applicant that is denied a license and each license that is revoked, suspended or terminated for ten years; and provide copies of these records to other HHSC agencies each month.
• Effective September 1, 2011.

 

ABUSE POLICY
SB 471 by West-Parker: Relating to public school, child-placing agency,  and day-care center policies addressing sexual abuse and other maltreatment of children.

• This bill amends the Education Code to require each school district and open-enrollment charter schools to include a policy on addressing sexual abuse and other maltreatment of children in their district improvement plan, to include training to increase awareness and prevention techniques.
• Amends the Human Resources Code to include child placing agencies and day care centers to also have annual training on addressing sexual abuse and other maltreatment of children.
• Effective June 17, 2011.

 

JUVENILE JUSTICE
SB 653 by Whitmire-Madden: Relating to abolishing the Texas Youth Commission and the Texas Juvenile Probation Commission and transferring the powers and duties of those agencies to the newly created Texas Juvenile Justice Department.
•    Effective September 1, 2011.

INTERAGENCY SHARING OF INFORMATION
SB 1106 by Harris-Madden: Relating to the exchange of confidential information concerning certain juveniles.

• This bill amends the Family Code, Education Code and Health and Safety Code to require certain entities that provide services to multi-system youth to share certain information and records.
• Effective June 17, 2011.

 

TASK FORCE – DOMESTIC VIOLENCE, CHILD ABUSE
SB 434 by Nelson-Raymond: Relating to the establishment of a task force to address the relationship between domestic violence and child abuse and neglect.

• Adds a section to the Government Code to create a task force to address the relationship between domestic violence and child abuse and neglect under DFPS.
• Task force will receive reports and information, and develop policy recommendations and best practice guidelines for both child protective services and family violence shelters.
• The task force will submit a report no later than September 1, 2012.
• The task force expires September 1, 2013.
• Effective June 17, 2011.

 

DISPROPORTIONALITY
SB 501 by West-Marquez: Relating to the disproportionality of certain groups in the juvenile justice, child welfare, health, and mental health systems and the disproportionality of the delivery of certain services in the education system.

• This bill adds a chapter to the Human Resources Code to create the interagency council for addressing disproportionality whose purpose is to examine the level of disproportionate involvement of children who are members of a racial or ethnic minority group at each stage of the juvenile justice, child welfare and mental health systems; and issues related to disproportionate delivery of educational services to these children; to make recommendations to reduce involvement of these children and improve their success in the educational system; and to assist HHSC in eliminating access disparities.
• By December 1, 2012, the council will submit a report with 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 the council’s recommendation as to whether to continue as a council.  
• Amends the Health and Human Services Code to revise the name of the office for the elimination of disparities to become the center for elimination of disproportionality and disparities.
• Effective May 21, 2011.

 

COUNCIL ON CHILDREN AND FAMILIES
SB 717 by Harris-Truitt: Relating to the purpose and duties of the Council on Children and Families.

• This bill amends the Government Code to expand the tasks of the Council on Children and Families to include sharing information regarding children and their families among state agencies; and to identify technological methods for efficient and timely transfer of information  among state agencies providing services to children and their families.
• Effective September 1, 2011.

 

TASK FORCE – REDUCE CHILD ABUSE, IMPROVE CHILD WELFARE
SB 1154 by Uresti-McClendon: Relating to a task force for the development of a strategy to reduce child abuse and neglect and improve child welfare.

• This bill adds a chapter to the Family Code to create the task force to reduce child abuse and neglect and improve child welfare.
• The task force will identify existing programs and programs that receive state money, gather information throughout the state, receive reports and testimony, create goals for state policy that would improve child safety, review and revise the strategic plan to accomplish these goals, and submit a revised plan with proposals for specific statutory changes by December 1, 2012.
• The task force expires September 1, 2013.
• Effective June 17, 2011.

 

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81st Session Interim Reports

Senate Health and Human Services Report

House Human Services Report