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.