HBA-NLM C.S.H.B. 2877 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2877 By: Maxey Human Services 4/22/1999 Committee Report (Substituted) 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. C.S.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 office space to a private service entity or sublease office space from a private service entity that provides publicly funded health, human, or workforce services 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 entity 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 office space to or sublease office space from a private service entity that provides publicly funded health, human, or workforce services 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. Sec. 531.052. ASSUMPTION OF LEASES FOR IMPLEMENTATION OF TEXAS INTEGRATED ENROLLMENT SERVICES INITIATIVE. Authorizes a health and human services agency, with approval of certain entities that administer employment services programs, to assume a lease from a Texas Integrated Enrollment Services initiative contractor or subcontractor for the purpose of implementing the initiative at one development center, one mail center, or 10 or more call centers. Provides that Subchapter B (Catalogue Purchase Method), Chapter 2167 (Lease of Space For State Agencies), Government Code, does not apply to a state agency that assumes a lease from a contractor or subcontractor 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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2877 modifies the original in SECTION 1 (proposed Section 531.051), by clarifying the language to authorize a health and human services agency to lease office space to a private service entity or sublease office space from a private service entity that provides publicly funded health, human, or workforce services to enable agency eligibility and enrollment personnel to work with the provider under certain provisions. The substitute makes conforming and nonsubstantive changes to the original. C.S.H.B. 2877 modifies the original in SECTION 1 by adding Section 531.052, as follows: Sec. 531.052. ASSUMPTION OF LEASES FOR IMPLEMENTATION OF TEXAS INTEGRATED ENROLLMENT SERVICES INITIATIVE. Authorizes a health and human services agency, with approval of certain entities that administer employment services programs, to assume a lease from a Texas Integrated Enrollment Services initiative contractor or subcontractor for the purpose of implementing the initiative at one development center, one mail center, or 10 or more call centers. Provides that Subchapter B (Catalogue Purchase Method), Chapter 2167 (Lease of Space For State Agencies), Government Code, does not apply to a state agency that assumes a lease from a contractor or subcontractor under this section.