HBA-CCH C.S.S.B. 38 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 38 By: Zaffirini Human Services 3/8/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, the Texas Department of Human Services (DHS) reviews the architectural plans of a new or renovated long-term care facility for compliance with health and safety regulations after construction has been completed. This can create costly corrections and delays for some facility owners. C.S.S.B. 38 requires DHS to adopt procedures to review the architectural plans of a new or renovated facility for compliance with health and safety regulations prior to construction. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Human Services in SECTION 1 (Section 103.0075, Human Resources Code), SECTION 2 (Section 242.0385, Health and Safety Code), and SECTION 3 (Section 252l.0375, Health and Safety Code) of this bill. ANALYSIS C.S.S.B. 38 amends the Human Resources and Health and Safety codes to require the Texas Department of Human Services (DHS), by rule, to adopt a procedure under which a person is authorized to submit building plans to DHS for review for compliance with DHS architectural requirements before beginning construction or modification on an adult day-care facility, a convalescent or nursing home, or an intermediate care facility for the mentally retarded. The bill requires DHS to set reasonable deadlines by which DHS must complete the review of submitted plans, and to review the submitted plans and inform the person in writing of the results of the review within 30 days. If the plans comply with DHS requirements, DHS is prohibited from subsequently changing the architectural requirements applicable to a project unless the change is required by federal law, or the person fails to complete the project within a reasonable time. The bill authorizes DHS to charge a reasonable fee for conducting a review and requires the fee to be deposited in the general revenue fund to be appropriated only to DHS to conduct reviews. The review procedure does not include review of building plans for compliance with the Texas Accessibility Standards as administered and enforced by the Texas Department of Licensing and Regulation. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute requires DHS to inform a person in writing.