reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. Plan to Support Guardianships › Section 531.121. Definitions

Text of section effective until April 01, 2025
Sec. 531.121.  DEFINITIONS.  In this subchapter:
(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 837 , Sec. 3.40(a)(7), and Ch. 946 , Sec. 2.37(b)(7), eff. January 1, 2016.
(2)  "Guardian" has the meaning assigned by Section 1002.012, Estates Code.
(3)  "Guardianship program" has the meaning assigned by Section 111.001.
(4)  "Incapacitated individual" means an incapacitated person as defined by Section 1002.017, Estates Code.
(5)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 837 , Sec. 3.40(a)(7), and Ch. 946 , Sec. 2.37(b)(7), eff. January 1, 2016.
(6)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 837 , Sec. 3.40(a)(7), and Ch. 946 , Sec. 2.37(b)(7), eff. January 1, 2016.
Added by Acts 1997, 75th Leg., ch. 1033, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.19, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.156, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 3.40(a)(7), eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 2.37(b)(7), eff. January 1, 2016.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. Plan to Support Guardianships › Section 531.124. Commission Duties

Text of section effective until April 01, 2025
Sec. 531.124.  COMMISSION DUTIES.  The commission shall develop and, subject to appropriations, implement a plan to:
(1)  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)  foster the establishment and growth of local volunteer guardianship programs.
Added by Acts 1997, 75th Leg., ch. 1033, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1460, Sec. 5.03, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.23, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 4, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 3.10, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 2.10, eff. January 1, 2016.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.151. Definitions

Text of section effective until April 01, 2025
Sec. 531.151.  DEFINITIONS.  In this subchapter:
(1)  "Child" means a person with a developmental disability who is younger than 22 years of age.
(2)  "Community resource coordination group" means a coordination group established under the memorandum of understanding adopted under Section 531.055.
(3)  "Institution" means:
(A)  an ICF-IID, as defined by Section 531.002, Health and Safety Code;
(B)  a group home operated under the authority of the commission, including a residential service provider under a Medicaid waiver program authorized under Section 1915(c) of the federal Social Security Act (42 U.S.C. Section 1396n), as amended, that provides services at a residence other than the child's home or agency foster home;
(C)   a nursing facility;
(D)  a general residential operation for children with an intellectual disability that is licensed by the commission; or
(E)  another residential arrangement other than a foster home as defined by Section 42.002, Human Resources Code, that provides care to four or more children who are unrelated to each other.
(4)  "Permanency planning" means a philosophy and planning process that focuses on the outcome of family support by facilitating a permanent living arrangement with the primary feature of an enduring and nurturing parental relationship.
Added by Acts 1997, 75th Leg., ch. 241, Sec. 1, eff. May 23, 1997.  Amended by Acts 2001, 77th Leg., ch. 590, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 9.010, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.159, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 39, eff. September 1, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.152. Policy Statement

Text of section effective until April 01, 2025
Sec. 531.152.  POLICY STATEMENT.  It is the policy of the state to strive to ensure that the basic needs for safety, security, and stability are met for each child in Texas.  A successful family is the most efficient and effective way to meet those needs.  The state and local communities must work together to provide encouragement and support for well-functioning families and ensure that each child receives the benefits of being a part of a successful permanent family as soon as possible.
Added by Acts 1997, 75th Leg., ch. 241, Sec. 1, eff. May 23, 1997.  Amended by Acts 2001, 77th Leg., ch. 590, Sec. 1, eff. Sept. 1, 2001.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.1531. Assistance With Permanency Planning Efforts

Text of section effective until April 01, 2025
Sec. 531.1531.  ASSISTANCE WITH PERMANENCY PLANNING EFFORTS.  An institution in which a child resides shall assist with providing effective permanency planning for the child by:
(1)  cooperating with the health and human services agency, local intellectual and developmental disability authority, or private entity responsible for developing the child's permanency plan; and
(2)  participating in meetings to review the child's permanency plan as requested by a health and human services agency, local intellectual and developmental disability authority, or private entity responsible for developing the child's permanency plan.
Added by Acts 2005, 79th Leg., Ch. 783 (S.B. 40), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.162, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.1532. Interference With Permanency Planning Efforts

Text of section effective until April 01, 2025
Sec. 531.1532.  INTERFERENCE WITH PERMANENCY PLANNING EFFORTS.  An entity that provides information to a child's parent or guardian relating to permanency planning shall refrain from providing the child's parent or guardian with inaccurate or misleading information regarding the risks of moving the child to another facility or community setting.
Added by Acts 2005, 79th Leg., Ch. 783 (S.B. 40), Sec. 2, eff. September 1, 2005.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.1533. Requirements on Admissions of Children to Certain Institutions

Text of section effective until April 01, 2025
Sec. 531.1533.  REQUIREMENTS ON ADMISSIONS OF CHILDREN TO CERTAIN INSTITUTIONS.  On the admission of a child to an institution described by Section 531.151(3)(A), (B), or (D), the Department of Aging and Disability Services shall require the child's parent or guardian to submit:
(1)  an admission form that includes:
(A)  the parent's or guardian's:
(i)  name, address, and telephone number;
(ii)  driver's license number and state of issuance or personal identification card number issued by the Department of Public Safety; and
(iii)  place of employment and the employer's address and telephone number; and
(B)  the name, address, and telephone number of a relative of the child or other person whom the department or institution may contact in an emergency, a statement indicating the relation between that person and the child, and at the parent's or guardian's option, that person's:
(i)  driver's license number and state of issuance or personal identification card number issued by the Department of Public Safety; and
(ii)  the name, address, and telephone number of that person's employer; and
(2)  a signed acknowledgment of responsibility stating that the parent or guardian agrees to:
(A)  notify the institution in which the child is placed of any changes to the information submitted under Subdivision (1)(A); and
(B)  make reasonable efforts to participate in the child's life and in planning activities for the child.
Added by Acts 2005, 79th Leg., Ch. 1131 (H.B. 2579), Sec. 1, eff. September 1, 2005.
Renumbered from Government Code, Section 531.1532 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(37), eff. September 1, 2007.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.154. Notification Required

Text of section effective until April 01, 2025
Sec. 531.154.  NOTIFICATION REQUIRED.  (a)  Not later than the third day after the date a child is initially placed in an institution, the institution shall notify:
(1)  the Department of Aging and Disability Services, if the child is placed in a nursing facility;
(2)  the local intellectual and developmental disability authority, as defined by Section 531.002, Health and Safety Code, where the institution is located, if the child:
(A)  is placed in an ICF-IID, as defined by Section 531.002, Health and Safety Code; or
(B)  is placed by a child protective services agency in a general residential operation for children with an intellectual disability that is licensed by the Department of Family and Protective Services;
(3)  the community resource coordination group in the county of residence of a parent or guardian of the child;
(4)  if the child is at least three years of age, the school district for the area in which the institution is located; and
(5)  if the child is less than three years of age, the local early childhood intervention program for the area in which the institution is located.
(b)  The Department of Aging and Disability Services shall notify the local intellectual and developmental disability authority, as defined by Section 531.002, Health and Safety Code, of a child's placement in a nursing facility if the child is known or suspected to have an intellectual disability or another disability for which the child may receive services through the Department of Aging and Disability Services.
Added by Acts 1997, 75th Leg., ch. 241, Sec. 1, eff. May 23, 1997.  Amended by Acts 2001, 77th Leg., ch. 590, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.163, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.155. Offer of Services

Text of section effective until April 01, 2025
Sec. 531.155.  OFFER OF SERVICES.  Each entity receiving notice of the initial placement of a child in an institution under Section 531.154 may contact the child's parent or guardian to ensure that the parent or guardian is aware of:
(1)  services and support that could provide alternatives to placement of the child in the institution;
(2)  available placement options;  and
(3)  opportunities for permanency planning.
Added by Acts 1997, 75th Leg., ch. 241, Sec. 1, eff. May 23, 1997.  Amended by Acts 2001, 77th Leg., ch. 590, Sec. 1, eff. Sept. 1, 2001.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.156. Designation of Advocate

Text of section effective until April 01, 2025
Sec. 531.156.  DESIGNATION OF ADVOCATE.  (a)  The Department of Aging and Disability Services shall designate a person, including a member of a community-based organization, to serve as a volunteer advocate for a child residing in an institution to assist in developing a permanency plan for the child if:
(1)  the child's parent or guardian requests the assistance of an advocate;
(2)  the institution in which the child is placed cannot locate the child's parent or guardian; or
(3)  the child resides in an institution operated by the department.
(b)  The person designated to serve as the child's volunteer advocate under this section may be:
(1)  a person selected by the child's parent or guardian, except that the person may not be employed by or under a contract with the institution in which the child resides;
(2)  an adult relative of the child; or
(3)  a representative of a child advocacy group.
(c)  The Department of Aging and Disability Services shall provide to each person designated to serve as a child's volunteer advocate information regarding permanency planning under this subchapter.
Added by Acts 2001, 77th Leg., ch. 590, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.164, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.157. Community-Based Services

Text of section effective until April 01, 2025
Sec. 531.157.  COMMUNITY-BASED SERVICES.  A state agency that receives notice of a child's placement in an institution shall ensure that, on or before the third day after the date the agency is notified of the child's placement in the institution, the child is also placed on a waiting list for waiver program services under Section 1915(c) of the federal Social Security Act (42 U.S.C. Section 1396n), as amended, appropriate to the child's needs.
Added by Acts 2001, 77th Leg., ch. 590, Sec. 1, eff. Sept. 1, 2001.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.158. Local Permanency Planning Sites

Text of section effective until April 01, 2025
Sec. 531.158.  LOCAL PERMANENCY PLANNING SITES.  The commission shall develop an implementation system that consists initially of four or more local sites and that is designed to coordinate planning for a permanent living arrangement and relationship for a child with a family.  In developing the system, the commission shall:
(1)  include criteria to identify children who need permanency plans;
(2)  require the establishment of a permanency plan for each child who lives outside the child's family or for whom care or protection is sought in an institution;
(3)  include a process to determine the agency or entity responsible for developing and overseeing implementation of a child's permanency plan;
(4)  identify, blend, and use funds from all available sources to provide customized services and programs to implement a child's permanency plan;
(5)  clarify and expand the role of a local community resource coordination group in ensuring accountability for a child who resides in an institution or who is at risk of being placed in an institution;
(6)  require reporting of each placement or potential placement of a child in an institution or other living arrangement outside of the child's home;  and
(7)  assign in each local permanency planning site area a single gatekeeper for all children in the area for whom placement in an institution through a program funded by the state is sought with authority to ensure that:
(A)  family members of each child are aware of:
(i)  intensive services that could prevent placement of the child in an institution;  and
(ii)  available placement options;  and
(B)  permanency planning is initiated for each child.
Added by Acts 1997, 75th Leg., ch. 421, Sec. 1, eff. May 23, 1997.  Renumbered from Sec. 531.154 by Acts 2001, 77th Leg., ch. 590, Sec. 1, eff. Sept. 1, 2001.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.1591. Annual Reauthorization of Plans of Care for Certain Children

Text of section effective until April 01, 2025
Sec. 531.1591.  ANNUAL REAUTHORIZATION OF PLANS OF CARE FOR CERTAIN CHILDREN.  (a)  The executive commissioner shall adopt rules under which the Department of Aging and Disability Services requires a nursing facility in which a child resides to request from the child's parent or guardian a written reauthorization of the child's plan of care.
(b)  The rules adopted under this section must require that the written reauthorization be requested annually.
Added by Acts 2005, 79th Leg., Ch. 1131 (H.B. 2579), Sec. 1, eff. September 1, 2005.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.160. Inspections

Text of section effective until April 01, 2025
Sec. 531.160.  INSPECTIONS.  As part of each inspection, survey, or investigation of an institution, including a nursing facility, general residential operation for children with an intellectual disability that is licensed by the Department of Family and Protective Services, or ICF-IID, as defined by Section 531.002, Health and Safety Code, in which a child resides, the agency or the agency's designee shall determine the extent to which the nursing facility, general residential operation, or ICF-IID is complying with the permanency planning requirements under this subchapter.
Added by Acts 2001, 77th Leg., ch. 590, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.166, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.161. Access to Records

Text of section effective until April 01, 2025
Sec. 531.161.  ACCESS TO RECORDS.  Each institution in which a child resides shall allow the following to have access to the child's records to assist in complying with the requirements of this subchapter:
(1)  the commission;
(2)  appropriate health and human services agencies; and
(3)  to the extent not otherwise prohibited by state or federal confidentiality laws, a local intellectual and developmental disability authority or private entity that enters into a contract or memorandum of understanding under Section 531.153(d) to develop a permanency plan for the child.
Added by Acts 2001, 77th Leg., ch. 590, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 783 (S.B. 40), Sec. 3, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.167, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.163. Effect on Other Law

Text of section effective until April 01, 2025
Sec. 531.163.  EFFECT ON OTHER LAW.  This subchapter does not affect responsibilities imposed by federal or other state law on a physician or other professional.
Added by Acts 2001, 77th Leg., ch. 590, Sec. 1, eff. Sept. 1, 2001.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.165. Search for Parent or Guardian of a Child

Text of section effective until April 01, 2025
Sec. 531.165.  SEARCH FOR PARENT OR GUARDIAN OF A CHILD.  (a)  The Department of Aging and Disability Services shall develop and implement a process by which the department, on receipt of notification under Section 531.164(h) that a child's parent or guardian cannot be located, conducts a search for the parent or guardian.  If, on the first anniversary of the date the department receives the notification under Section 531.164(h), the department has been unsuccessful in locating the parent or guardian, the department shall refer the case to:
(1)  the child protective services division of the Department of Family and Protective Services if the child is 17 years of age or younger; or
(2)  the adult protective services division of the Department of Family and Protective Services if the child is 18 years of age or older.
(b)  On receipt of a referral under Subsection (a)(1), the child protective services division of the Department of Family and Protective Services shall exercise intense due diligence in attempting to locate the child's parent or guardian.  If the division is unable to locate the child's parent or guardian, the department shall file a suit affecting the parent-child relationship requesting an order appointing the department as the child's temporary managing conservator.
(c)  A child is considered abandoned for purposes of the Family Code if the child's parent or guardian cannot be located following the exercise of intense due diligence in attempting to locate the parent or guardian by the Department of Family and Protective Services under Subsection (b).
(d)  On receipt of a referral under Subsection (a)(2), the adult protective services division of the Department of Family and Protective Services shall notify the court that appointed the child's guardian that the guardian cannot be located.
Added by Acts 2005, 79th Leg., Ch. 1131 (H.B. 2579), Sec. 1, eff. September 1, 2005.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.166. Transfer of Child Between Institutions

Text of section effective until April 01, 2025
Sec. 531.166.  TRANSFER OF CHILD BETWEEN INSTITUTIONS.  (a)  This section applies only to an institution described by Section 531.151(3)(A), (B), or (D) in which a child resides.
(b)  Before transferring a child who is 17 years of age or younger, or a child who is at least 18 years of age and for whom a guardian has been appointed, from one institution to another institution, the institution in which the child resides must attempt to obtain consent for the transfer from the child's parent or guardian unless the transfer is in response to an emergency situation, as defined by rules adopted by the executive commissioner.
Added by Acts 2005, 79th Leg., Ch. 1131 (H.B. 2579), Sec. 1, eff. September 1, 2005.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter D. -1. Permanency Planning › Section 531.167. Collection of Information Regarding Involvement of Certain Parents and Guardians

Text of section effective until April 01, 2025
Sec. 531.167.  COLLECTION OF INFORMATION REGARDING INVOLVEMENT OF CERTAIN PARENTS AND GUARDIANS.  (a)  The Department of Aging and Disability Services shall collect and maintain aggregate information regarding the involvement of parents and guardians of children residing in institutions described by Sections 531.151(3)(A), (B), and (D) in the lives of and planning activities relating to those children.  The department shall obtain input from stakeholders concerning the types of information that are most useful in assessing the involvement of those parents and guardians.
(b)  The Department of Aging and Disability Services shall make the aggregate information available to the public on request.
Added by Acts 2005, 79th Leg., Ch. 1131 (H.B. 2579), Sec. 1, eff. September 1, 2005.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter E. Health and Human Services Legislative Oversight › Section 531.171. Committee Duties

Text of section effective until April 01, 2025
Sec. 531.171.  COMMITTEE DUTIES.  (a)  The standing or other committees of the house of representatives and the senate that have jurisdiction over the commission and other agencies relating to implementation of this chapter, as identified by the speaker of the house of representatives and the lieutenant governor, shall:
(1)  monitor the commission's implementation of Section 531.0055 and the commission's other duties in consolidating and integrating health and human services to ensure implementation consistent with law;
(2)  recommend, as needed, adjustments to the implementation of Section 531.0055 and the commission's other duties in consolidating and integrating health and human services; and
(3)  review the rulemaking process used by the commission, including the commission's plan for obtaining public input.
(b)  The commission shall provide copies of all required reports to the committees and shall provide the committees with copies of proposed rules before the rules are published in the Texas Register.  At the request of a committee or the executive commissioner, a health and human services agency shall provide other information to the committee, including information relating to the health and human services system, and shall report on agency progress in implementing statutory directives identified by the committee and the directives of the commission.
Added by Acts 1999, 76th Leg., ch. 1460, Sec. 11.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.170, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter G. Rural Hospitals › Section 531.201. Strategic Plan; Report

Text of section effective until April 01, 2025
Sec. 531.201.  STRATEGIC PLAN; REPORT.  (a)  The commission shall develop and implement a strategic plan to ensure that the citizens of this state residing in rural areas have access to hospital services.
(b)  The strategic plan must include:
(1)  a proposal for using at least one of the following methods to ensure access to hospital services in the rural areas of this state:
(A)  an enhanced cost reimbursement methodology for the payment of rural hospitals participating in the Medicaid managed care program in conjunction with a supplemental payment program for rural hospitals to cover costs incurred in providing services to recipients;
(B)  a hospital rate enhancement program that applies only to rural hospitals;
(C)  a reduction of punitive actions under the Medicaid program that require reimbursement for Medicaid payments made to the provider, if the provider is a rural hospital, a reduction of the frequency of payment reductions under the Medicaid program made to rural hospitals, and an enhancement of payments made under merit-based programs or similar programs for rural hospitals;
(D)  a reduction of state regulatory-related costs related to the commission's review of rural hospitals; or
(E)  in accordance with rules adopted by the Centers for Medicare and Medicaid Services, the establishment of a minimum fee schedule that applies to payments made by managed care organizations to rural hospitals; and
(2)  target dates for achieving goals related to the proposal described by Subdivision (1).
(c)  Not later than January 1, 2020, the commission shall submit the strategic plan developed under Subsection (b) to the Legislative Budget Board for review and comment.  The commission may not begin implementation of the proposal contained in the strategic plan until the strategic plan is approved by the Legislative Budget Board.
(d)  Not later than November 1 of each even-numbered year, the commission shall submit a report regarding the commission's development and implementation of the strategic plan described by Subsection (b) to:
(1)  the legislature;
(2)  the governor; and
(3)  the Legislative Budget Board.
Added by Acts 2019, 86th Leg., R.S., Ch. 560 (S.B. 1621), Sec. 2, eff. September 1, 2019.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter G. Rural Hospitals › Section 531.202. Advisory Committee on Rural Hospitals

Text of section effective until April 01, 2025
Sec. 531.202.  ADVISORY COMMITTEE ON RURAL HOSPITALS.  (a)  The commission shall establish the Rural Hospital Advisory Committee, either as another advisory committee or as a subcommittee of the Hospital Payment Advisory Committee, to advise the commission on issues relating specifically to rural hospitals.
(b)  The Rural Hospital Advisory Committee is composed of interested persons appointed by the executive commissioner.  Section 2110.002 does not apply to the advisory committee.
(c)  A member of the advisory committee serves without compensation.
Added by Acts 2019, 86th Leg., R.S., Ch. 560 (S.B. 1621), Sec. 2, eff. September 1, 2019.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter G. Rural Hospitals › Section 531.203. Collaboration With Office of Rural Affairs

Text of section effective until April 01, 2025
Sec. 531.203.  COLLABORATION WITH OFFICE OF RURAL AFFAIRS.  The commission shall collaborate with the Office of Rural Affairs to ensure that this state is pursuing to the fullest extent possible federal grants, funding opportunities, and support programs available to rural hospitals as administered by the Health Resources and Services Administration and the Office of Minority Health in the United States Department of Health and Human Services.
Added by Acts 2019, 86th Leg., R.S., Ch. 560 (S.B. 1621), Sec. 2, eff. September 1, 2019.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter G. -1. Developing Local Mental Health Systems of Care for Certain Children › Section 531.255. Evaluation

Text of section effective until April 01, 2025
Sec. 531.255.  EVALUATION.   The commission shall monitor the implementation of a system of care framework under Section 531.251 and adopt rules as necessary to facilitate or adjust that implementation.
Added by Acts 1999, 76th Leg., ch. 446, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1165 (S.B. 421), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1165 (S.B. 421), Sec. 5, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 2.16(b), eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter G. -1. Developing Local Mental Health Systems of Care for Certain Children › Section 531.257. Technical Assistance for Projects

Text of section effective until April 01, 2025
Sec. 531.257.  TECHNICAL ASSISTANCE FOR PROJECTS.  The commission may provide technical assistance to a community that implements a local system of care.
Added by Acts 1999, 76th Leg., ch. 446, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1165 (S.B. 421), Sec. 4, eff. September 1, 2013.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter H. Office of Health Coordination and Consumer Services › Section 531.281. Definition

Text of section effective until April 01, 2025
Sec. 531.281.  DEFINITION.  In this chapter, "office" means the Office of Health Coordination and Consumer Services.
Added by Acts 2001, 77th Leg., ch. 103, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.174, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter H. Office of Health Coordination and Consumer Services › Section 531.282. Office; Staff

Text of section effective until April 01, 2025
Sec. 531.282.  OFFICE;  STAFF.  (a)  The Office of Health Coordination and Consumer Services is an office within the commission.
(b)  The executive commissioner shall employ staff as needed to carry out the duties of the office.
Added by Acts 2001, 77th Leg., ch. 103, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.175, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter H. Office of Health Coordination and Consumer Services › Section 531.283. Goals

Text of section effective until April 01, 2025
Sec. 531.283.  GOALS.  The goals of the office are to:
(1)  promote community support for parents of all children younger than six years of age through an integrated state and local-level decision-making process;  and
(2)  provide for the seamless delivery of health and human services to all children younger than six years of age to ensure that all children are prepared to succeed in school.
Added by Acts 2001, 77th Leg., ch. 103, Sec. 1, eff. Sept. 1, 2001.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter H. Office of Health Coordination and Consumer Services › Section 531.284. Strategic Plan

Text of section effective until April 01, 2025
Sec. 531.284.  STRATEGIC PLAN.  (a)  The office shall create and implement a statewide strategic plan for the delivery of health and human services to children younger than six years of age.
(b)  In developing the statewide strategic plan, the office shall:
(1)  consider existing programs and models to serve children younger than six years of age, including:
(A)  community resource coordination groups;
(B)  the Texas System of Care;
(C)  the Texas Information and Referral Network; and
(D)  efforts to create a 2-1-1 telephone number for access to human services;
(2)  attempt to maximize federal funds and local existing infrastructure and funds; and
(3)  provide for local participation to the greatest extent possible.
(c)  The statewide strategic plan must address the needs of children younger than six years of age with disabilities.
Added by Acts 2001, 77th Leg., ch. 103, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.176, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter H. Office of Health Coordination and Consumer Services › Section 531.285. Powers and Duties

Text of section effective until April 01, 2025
Sec. 531.285.  POWERS AND DUTIES.  (a)  The office shall identify:
(1)  gaps in early childhood services by functional area and geographical area;
(2)  state policies, rules, and service procedures that prevent or inhibit children younger than six years of age from accessing available services;
(3)  sources of funds for early childhood services, including federal, state, and private-public ventures;
(4)  opportunities for collaboration between the Texas Education Agency and health and human services agencies to better serve the needs of children younger than six years of age;
(5)  methods for coordinating the provision of early childhood services provided by the Texas Head Start State Collaboration Office, the Texas Education Agency, and the Texas Workforce Commission;
(6)  quantifiable benchmarks for success within early childhood service delivery; and
(7)  national best practices in early care and educational delivery models.
(b)  The office shall establish outreach efforts to communities and ensure adequate communication lines that provide the office with information about community-level efforts and communities with information about funds and programs available to communities.
(c)  The office shall make recommendations to the commission on strategies to:
(1)  ensure optimum collaboration and coordination between state agencies serving the needs of children younger than six years of age and other community stakeholders;
(2)  fill geographical and functional gaps in early childhood services;  and
(3)  amend state policies, rules, and service procedures that prevent or inhibit children younger than six years of age from accessing services.
Added by Acts 2001, 77th Leg., ch. 103, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.177, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter H. Office of Health Coordination and Consumer Services › Section 531.287. Texas Home Visiting Program Trust Fund

Text of section effective until April 01, 2025
Sec. 531.287.  TEXAS HOME VISITING PROGRAM TRUST FUND.  (a)  The Texas Home Visiting Program trust fund is created as a trust fund outside the treasury with the comptroller and shall be administered by the office under this section and rules adopted by the executive commissioner.  Credits of money in the fund are not state funds or subject to legislative appropriation.
(b)  The trust fund consists of money from voluntary contributions under Section 191.0048, Health and Safety Code, and Section 118.018, Local Government Code.
(c)  Money in the fund may be spent without appropriation by the office only for the purpose of the Texas Home Visiting Program administered by the commission.
(d)  Interest and income from the assets of the trust fund shall be credited to and deposited in the trust fund.
Added by Acts 2013, 83rd Leg., R.S., Ch. 820 (S.B. 1836), Sec. 2, eff. June 14, 2013.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter I. State Prescription Drug Program › Section 531.301. Development and Implementation of State Program; Funding

Text of section effective until April 01, 2025
Sec. 531.301.  DEVELOPMENT AND IMPLEMENTATION OF STATE PROGRAM;  FUNDING.  (a)  The commission shall develop and implement a state prescription drug program that operates in the same manner as the vendor drug program operates in providing prescription drug benefits to Medicaid recipients.
(b)  A person is eligible for prescription drug benefits under the state program if the person is:
(1)  a qualified Medicare beneficiary, as defined by 42 U.S.C. Section 1396d(p)(1), as amended;
(2)  a specified low-income Medicare beneficiary who is eligible for assistance under Medicaid for Medicare cost-sharing payments under 42 U.S.C. Section 1396a(a)(10)(E)(iii), as amended;
(3)  a qualified disabled and working individual, as defined by 42 U.S.C. Section 1396d(s), as amended; or
(4)  a qualifying individual who is eligible for that assistance under 42 U.S.C. Section 1396a(a)(10)(E)(iv).
(c)  Prescription drugs under the state program may be funded only with state money, unless funds are available under federal law to fund all or part of the program.
Added by Acts 2001, 77th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.178, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter I. State Prescription Drug Program › Section 531.302. Rules

Text of section effective until April 01, 2025
Sec. 531.302.  RULES.  (a)  The executive commissioner shall adopt all rules necessary for implementation of the state prescription drug program.
(b)  In adopting rules for the state prescription drug program, the executive commissioner may:
(1)  require a person who is eligible for prescription drug benefits to pay a cost-sharing payment;
(2)  authorize the use of a prescription drug formulary to specify which prescription drugs the state program will cover;
(3)  to the extent possible, require clinically appropriate prior authorization for prescription drug benefits in the same manner as prior authorization is required under the vendor drug program; and
(4)  establish a drug utilization review program to ensure the appropriate use of prescription drugs under the state program.
(c)  In adopting rules for the state prescription drug program, the executive commissioner shall consult with an advisory panel composed of an equal number of physicians, pharmacists, and pharmacologists appointed by the executive commissioner.
Added by Acts 2001, 77th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.179, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter I. State Prescription Drug Program › Section 531.303. Generic Equivalent Authorized

Text of section effective until April 01, 2025
Sec. 531.303.  GENERIC EQUIVALENT AUTHORIZED.  In adopting rules under the state program, the executive commissioner may require that, unless the practitioner's signature on a prescription clearly indicates that the prescription must be dispensed as written, the pharmacist may select a generic equivalent of the prescribed drug.
Added by Acts 2001, 77th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.180, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter I. State Prescription Drug Program › Section 531.304. Program Funding Priorities

Text of section effective until April 01, 2025
Sec. 531.304.  PROGRAM FUNDING PRIORITIES.  If money available for the state prescription drug program is insufficient to provide prescription drug benefits to all persons who are eligible under Section 531.301(b), the commission shall limit the number of enrollees based on available funding and shall provide the prescription drug benefits to eligible persons in the following order of priority:
(1)  persons eligible under Section 531.301(b)(1);
(2)  persons eligible under Section 531.301(b)(2); and
(3)  persons eligible under Sections 531.301(b)(3) and (4).
Added by Acts 2001, 77th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.181, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter J. Provision of Information About Patient Assistance Programs › Section 531.351. Definition

Text of section effective until April 01, 2025
Sec. 531.351.  DEFINITION.  In this subchapter, "patient assistance program" means a program offered by a pharmaceutical company under which the company provides a drug to persons in need of assistance at no charge or at a substantially reduced cost.  The term does not include the provision of a drug as part of a clinical trial.
Added by Acts 2001, 77th Leg., ch. 1277, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Government Code Sec. 531.301 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(74), eff. Sept. 1, 2003.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.