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A BILL TO BE ENTITLED
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AN ACT
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relating to the independent office of consumer affairs for the |
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Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 2, Human Resources Code, is |
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amended by adding Chapter 41 to read as follows: |
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CHAPTER 41. INDEPENDENT OFFICE OF CONSUMER AFFAIRS FOR THE |
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DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 41.001. DEFINITIONS. In this chapter: |
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(1) "Director" means the director of the independent |
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office of consumer affairs created under this chapter. |
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(2) "Office" means the independent office of consumer |
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affairs for the Department of Family and Protective Services |
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created under this chapter. |
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Sec. 41.002. ESTABLISHMENT; PURPOSE. The independent |
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office of consumer affairs for the Department of Family and |
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Protective Services is a state agency established for the purpose |
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of investigating, evaluating, and securing the rights of the |
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children and families receiving child protection or child welfare |
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services from the department. |
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Sec. 41.003. INDEPENDENCE. (a) The office in the |
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performance of its duties and powers under this chapter acts |
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independently of the commission and the department. |
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(b) Funding for the office is appropriated separately from |
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funding for the commission and the department. |
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[Sections 41.004-41.050 reserved for expansion] |
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SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE |
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Sec. 41.051. APPOINTMENT BY GOVERNOR. (a) The governor |
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shall appoint the director of the office with the advice and consent |
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of the senate for a term of two years, expiring February 1 of |
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odd-numbered years. |
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(b) A person appointed as director of the office is eligible |
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for reappointment. |
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Sec. 41.052. ASSISTANTS. The director may hire assistants |
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to perform, under the direction of the director, the same duties and |
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exercise the same powers as the director. |
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Sec. 41.053. CONFLICT OF INTEREST. (a) A person may not |
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serve as director or as an assistant to the director if the person |
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or the person's spouse: |
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(1) is employed by or participates in the management |
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of a business entity or other organization receiving funds from the |
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commission or department; |
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(2) owns or controls, directly or indirectly, any |
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interest in a business entity or other organization receiving funds |
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from the commission or department; or |
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(3) uses or receives any amount of tangible goods, |
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services, or funds from the commission or department. |
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(b) A person may not serve as director or as an assistant to |
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the director if the person or the person's spouse is required to |
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register as a lobbyist under Chapter 305, Government Code, because |
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of the person's activities for compensation on behalf of a |
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profession related to the operation of the department. |
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Sec. 41.054. SUNSET PROVISION. The office is subject to |
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review under Chapter 325, Government Code (Texas Sunset Act), but |
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is not abolished under that chapter. The office shall be reviewed |
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during the periods in which state agencies abolished in 2011 and |
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every 12th year after 2011 are reviewed. |
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Sec. 41.055. REPORT. The director shall submit on a |
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quarterly basis to the governor, the lieutenant governor, and each |
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member of the legislature a report that describes: |
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(1) the work of the office; |
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(2) the results of any review or investigation |
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undertaken by the office, including reviews or investigation of |
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services contracted by the commission; and |
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(3) any recommendations that the director has in |
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relation to the duties of the office. |
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Sec. 41.056. COMMUNICATION AND CONFIDENTIALITY. The name, |
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address, or other personally identifiable information of a person |
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who files a complaint with the office, information generated by the |
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office in the course of an investigation, and confidential records |
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obtained by the office are confidential and not subject to |
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disclosure under Chapter 552, Government Code, except that the |
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information and records, other than confidential information and |
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records concerning a pending law enforcement investigation or |
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criminal action, may be disclosed to the appropriate person if the |
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office determines that disclosure is: |
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(1) in the general public interest; |
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(2) necessary to enable the office to perform the |
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responsibilities provided under this section; or |
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(3) necessary to identify, prevent, or treat the abuse |
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or neglect of a child. |
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Sec. 41.057. PROMOTION OF AWARENESS OF OFFICE. The office |
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shall promote awareness among the public and the children and |
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families receiving services from the department of: |
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(1) how the office may be contacted; |
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(2) the purpose of the office; and |
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(3) the services the office provides. |
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Sec. 41.058. RULEMAKING AUTHORITY. The office by rule |
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shall establish policies and procedures for the operations of the |
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office. |
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Sec. 41.059. AUTHORITY OF STATE AUDITOR. The office is |
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subject to audit by the state auditor in accordance with Chapter |
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321, Government Code. |
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[Sections 41.060-41.100 reserved for expansion] |
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SUBCHAPTER C. DUTIES AND POWERS |
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Sec. 41.101. DUTIES AND POWERS. (a) The office shall: |
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(1) review the procedures established by the |
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department and evaluate the delivery of services to children and |
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families to ensure that the rights of individuals receiving |
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services are fully observed; |
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(2) review complaints filed with the office concerning |
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the actions of the department and investigate each complaint in |
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which it appears that an individual may be in need of assistance |
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from the office; |
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(3) conduct investigations of complaints, other than |
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complaints alleging criminal behavior, if the office determines |
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that: |
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(A) a child or the child's family may be in need |
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of assistance from the office; or |
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(B) a systemic issue in the department's |
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provision of services is raised by a complaint; |
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(4) provide assistance to a child or family who the |
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office determines is in need of assistance, including advocating |
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with an agency, provider, or other person in the best interests of |
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the child or family; and |
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(5) make appropriate referrals under any of the duties |
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and powers listed in this subsection. |
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(b) To assess if an individual's rights have been violated, |
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the office may, in any matter that does not involve alleged criminal |
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behavior, contact or consult with an administrator, employee, |
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child, parent, expert, or any other individual in the course of its |
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investigation or to secure information. |
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(c) Notwithstanding any other provision of this chapter, |
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the office may not investigate alleged criminal behavior. |
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Sec. 41.102. TREATMENT OF EMPLOYEES WHO COOPERATE WITH |
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OFFICE. The commission and the department may not discharge or in |
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any manner discriminate or retaliate against an employee who in |
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good faith makes a complaint to the office or cooperates with the |
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office in an investigation. |
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Sec. 41.103. TRAINING. The director or the director's |
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designee may participate in appropriate professional training. |
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[Sections 41.104-41.150 reserved for expansion] |
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SUBCHAPTER D. ACCESS TO INFORMATION |
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Sec. 41.151. ACCESS TO INFORMATION OF GOVERNMENTAL |
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ENTITIES. The commission and the department shall allow the office |
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access to its records relating to the individuals receiving |
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services from the department. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the governor shall appoint the director of the |
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independent office of consumer affairs for the Department of Family |
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and Protective Services as required by Section 41.051, Human |
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Resources Code, as added by this Act, for a term expiring February |
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1, 2011. |
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SECTION 3. On the effective date of this Act: |
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(1) all functions and activities performed by, and all |
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records and property of, the center for consumer affairs of the |
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Department of Family and Protective Services are transferred to the |
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independent office of consumer affairs for that department as |
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established under Chapter 41, Human Resources Code, as added by |
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this Act; |
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(2) a reference in law to the center for consumer |
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affairs of the Department of Family and Protective Services is a |
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reference to the independent office of consumer affairs for that |
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department as established under Chapter 41, Human Resources Code, |
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as added by this Act; and |
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(3) an investigation being conducted by the center for |
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consumer affairs of the Department of Family and Protective |
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Services is transferred to and considered an investigation of the |
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independent office of consumer affairs for that department as |
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established under Chapter 41, Human Resources Code, as added by |
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this Act. |
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SECTION 4. This Act takes effect September 1, 2009. |