Enrolled Bill Summary

            House Bill 1402 amends the Human Resources Code to continue the Texas Rehabilitation Commission until September 1, 2011. The act requires the commission to establish guidelines for providing vocational rehabilitation services. The guidelines must address the eligibility for and organization of delivery of vocational rehabilitation services, including requirements for the rehabilitation planning process, types of services available, and requirements for client contribution to the costs of the services. The act also requires the commission to establish provisions for guidance to and oversight of vocational rehabilitation counselors in determining client eligibility, conducting rehabilitation planning, providing services, and monitoring client progress, including recognizing and documenting a client's impediments to employment. The board must assess the effectiveness of the vocational rehabilitation program annually. The act authorizes the commission to obtain criminal history record information from the Texas Department of Public Safety that relates to an applicant for employment with the commission whose potential duties include direct contact with clients.

            The act directs the commission to work with the Texas Department of Mental Health and Mental Retardation, the Texas Workforce Commission, and local workforce development agencies to reduce duplication and fragmentation of employment services. The act directs the commission to assess its transition planning services for disabled students by determining the statewide need for such services, developing strategies for identifying and reaching students in need of the services, and establishing collaborative relationships with each school district with education service centers to the maximum extent possible.

            The act requires the commission to meet health care industry standards in the approval of medical services for clients, including the use of second opinions, to ensure that approval of services includes an assessment of whether they will benefit the client's ability to return to work, and to adopt a system of quality control. The board must adopt rules, after holding a public hearing, to govern the determination of rates the commission will pay for the services. The act requires the commission to conduct an analysis of any risk associated with funding medical procedures and to maintain a risk management plan. It requires the commission to post its annual reports of activities and expenditures on the Internet.

            The act requires the commission to implement procurement procedures to create consistency between commission rules and actual purchasing processes followed by the commission and to ensure compliance with best-value purchasing requirements. The act also directs the board to adopt rules requiring advisory committees established to advise the commission to report their activities to the board. In addition, the act updates sections to include sunset recommendations that are applied to all agencies.