HBA-NLM H.B. 2877 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2877
By: Maxey
Human Services
3/22/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Integrated Enrollment and Services (TIES) project is part of the
state's effort to improve the delivery of critical health, human, and
employment services by integrating eligibility and enrollment functions of
many health and human service agencies. Because TIES is a complex
information technology project, one which widely impacts programs across
health and human services agencies, this project requires oversight and
approval from a variety of federal and state authorities as it is
implemented. 

The TIES interagency management team recommends that temporary service
retirement options be considered by the legislature in order to lessen the
impact of staff reductions associated with the implementation of TIES.  As
a result this would extend the option for employees of the Texas Department
of Human Service (DHS) and the Texas Workforce Commission (TWC) to add 3 or
5 years to age and service to allow them to meet the total of 80 combined
years to retire and to include TDH workers impacted by the reduction.  

H.B. 2877 proposes collocation of TIES and other state eligibility and
enrollment staff with providers of corresponding health, human, and
workforce services.  It authorizes a health and human services agency, with
the approval of certain entities, to lease or sublease office space to or
from a private service provider that contracts with the agency to enable
agency eligibility and enrollment personnel to work with the provider under
certain provisions.  This bill provides that a state agency is delegated
the authority to enter into a lease or sublease under this section and is
authorized to negotiate the terms of the lease or sublease. This bill also
authorizes a state agency to share business resources with a private
service provider that enters into a lease or sublease agreement with the
agency under this section. 


RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 531, Government Code, by adding
Section 531.051, as follows: 

Sec. 531.051.  LEASES AND SUBLEASES OF CERTAIN OFFICE SPACE.  Authorizes a
health and human services agency, with the approval of certain entities, to
lease or sublease office space to or from a private service provider that
contracts with the agency to enable agency eligibility and enrollment
personnel to work with the provider under certain provisions.  Provides
that Subchapters D (Lease of Public Grounds)  and E (Lease of Space in
State-Owned Buildings to Private Tenants), Chapter 2165, do not apply to a
state agency that leases or subleases office space to a private service
provider under this section.  Provides that Subchapter B (Procedures for
Leasing Space; Lease Contract), Chapter 2167, does not apply to a state
agency that leases or subleases office space from a private service
provider under this section.  Provides that a state agency is delegated the
authority to enter into a lease or sublease under this section and is
authorized to negotiate the terms of the lease or  sublease. Authorizes a
state agency to share business resources with a private service provider
that enters into a lease or sublease agreement with the agency under this
section. 

SECTION 2.  Amends Section 814.1041, Government Code, by amending
Subsections (a) and (f) and by adding Subsection (g), as follows: 

(a)  Applies the provisions of this section to employees of the Texas
Department of Health (TDH), among other state agencies, whose positions are
eliminated for specified reasons.  

(f)  Provides that the retirement option under this section is not
available to an employee of TDH or the Texas Department of Human Services
(DHS) who receives a cash payment under an incentive program implemented by
either agency with respect to certain employees whose positions are
eliminated because of privatization or other reductions in services
provided by the agency. 

(g)  Provides that this section applies only to positions eliminated by
privatization or other reductions in workforce before September 1, 2003,
rather than September 1, 1999. Creates this section from existing text. 

SECTION 3. Amends Article 3.50-2, V.T.C.S. (Texas Employees Uniform Group
Insurance Benefits Act), by adding Section 3B, as follows: 

Sec. 3B.  CERTAIN EMPLOYEES MAY ELECT TO PARTICIPATE.  Provides that this
section applies only to a person who separates from state service and
receives a cash payment under an incentive program implemented by DHS or
TDH with respect to certain employees whose positions are eliminated as a
result of privatization or other reductions in services provided by those
agencies. Entitles a person, after the effective date of the person's
separation from state service, to receive state contributions required to
provide health coverage for two months as described.  

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.