By: Ellis S.B. No. 407
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the rehabilitation of individuals with disabilities and
1-2 the administration of the Texas Rehabilitation Commission.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The heading of Title 7, Human Resources Code, is
1-5 amended to read as follows:
1-6 TITLE 7. REHABILITATION OF INDIVIDUALS WITH DISABILITIES
1-7 <HANDICAPPED AND DISABLED>
1-8 SECTION 2. Section 111.001, Human Resources Code, is amended
1-9 to read as follows:
1-10 Sec. 111.001. Purpose. It is the policy of the State of
1-11 Texas to provide rehabilitation and related services to eligible
1-12 <handicapped> individuals with disabilities so that they may
1-13 prepare for and engage in a gainful occupation or achieve maximum
1-14 personal independence.
1-15 SECTION 3. Section 111.002, Human Resources Code, is amended
1-16 to read as follows:
1-17 Sec. 111.002. Definitions. In this chapter:
1-18 (1) "Commission" means the Texas Rehabilitation
1-19 Commission.
1-20 (2) "Commissioner" means the chief administrative
1-21 officer of the commission.
1-22 (3) "Individual with a disability" <"Handicapped
1-23 individual"> means any individual, except one whose disability is
2-1 of a visual nature, who has a physical or<,> mental impairment<, or
2-2 learning disability> which constitutes a substantial impediment
2-3 <handicap> to employment, or to achieving maximum personal
2-4 independence, but which is of a nature that rehabilitation services
2-5 may <reasonably> be expected to enable the individual to engage in
2-6 a gainful occupation or enable the individual to achieve a greater
2-7 level of self-care and independent living.
2-8 (4) "Substantial impediment <handicap> to employment"
2-9 means a physical or<,> mental impairment<, or learning disability>
2-10 in light of attendant medical, psychological, vocational,
2-11 educational, or other related factors that impedes an individual's
2-12 occupational performance by preventing the individual from
2-13 obtaining, retaining, or preparing for a gainful occupation
2-14 consistent with the individual's capacities and abilities.
2-15 (5) "Rehabilitation services" means any equipment,
2-16 supplies, goods, or services necessary to enable an <a handicapped>
2-17 individual with a disability to engage in a gainful occupation or
2-18 to achieve maximum personal independence. To enable an <a
2-19 handicapped> individual with a disability to engage in a gainful
2-20 occupation or achieve maximum personal independence the commission
2-21 may engage in or contract for activities, including but not limited
2-22 to:
2-23 (A) evaluation of rehabilitation potential,
2-24 including diagnostic and related services incidental to the
2-25 determination of eligibility for services and the nature and scope
3-1 of services to be provided;
3-2 (B) counseling and guidance;
3-3 (C) physical and mental restoration services
3-4 necessary to correct or substantially modify a physical or mental
3-5 condition that is stable or slowly progressive;
3-6 (D) training;
3-7 (E) maintenance for additional costs incurred
3-8 while participating in rehabilitation services <covering a
3-9 handicapped individual's basic living expenses, including food,
3-10 shelter, clothing, and other subsistence expenses necessary to
3-11 support and derive the full benefit of the other rehabilitation
3-12 services being provided>;
3-13 (F) transportation;
3-14 (G) placement in <a> suitable employment;
3-15 (H) postemployment services necessary to
3-16 maintain suitable employment;
3-17 (I) obtaining occupational licenses, including
3-18 any license, permit, or other written authority required by a
3-19 state, city, or other governmental unit to be obtained in order to
3-20 enter an occupation or small business, and providing tools,
3-21 equipment, initial stocks, goods, and supplies; and
3-22 (J) providing other equipment, supplies,
3-23 services, or goods that can reasonably be expected to benefit an <a
3-24 handicapped> individual with a disability in terms of employment in
3-25 a gainful occupation or achievement of maximum personal
4-1 independence.
4-2 (6) "Vocational rehabilitation program" means a
4-3 program that provides rehabilitation services required to enable an
4-4 <a handicapped> individual with a disability to engage in a gainful
4-5 occupation.
4-6 (7) "Extended rehabilitation services program" means a
4-7 program that provides rehabilitation services to an <a severely
4-8 handicapped> individual with a severe disability who is not capable
4-9 of entering the competitive labor market but who may achieve
4-10 maximum personal independence through the provision of
4-11 rehabilitation services.
4-12 <(8) "Learning disability" means a disability in one
4-13 or more areas of oral expression, listening comprehension, written
4-14 expression, basic reading skills, reading comprehension,
4-15 mathematics calculation, mathematics reasoning, or spelling that is
4-16 not primarily the result of a visual handicap, hearing impairment,
4-17 mental retardation, emotional disturbance, or an environmental,
4-18 cultural, or economic disadvantage.>
4-19 SECTION 4. Section 111.016, Human Resources Code, is amended
4-20 to read as follows:
4-21 Sec. 111.016. REHABILITATION <CONSUMER> ADVISORY COUNCIL
4-22 <COMMITTEE>. <(a)> The Rehabilitation Advisory Council is created
4-23 by this section in accordance with the federal Rehabilitation Act
4-24 Amendments of 1992, Pub. L. 102-569. The board shall adopt rules
4-25 for the implementation of regulations and the administration of the
5-1 council <board shall appoint a consumer advisory committee to make
5-2 recommendations for consideration by the board concerning any
5-3 matter that the committee believes to be pertinent to the purposes
5-4 of this chapter or on any matter submitted to the committee by the
5-5 board.>
5-6 <(b) The board shall adopt rules providing for the
5-7 appointment of the consumer advisory committee and establishing for
5-8 the committee the number of members, geographical representation,
5-9 duties, powers, procedures, and times and manner of making
5-10 recommendations to the board. The rules shall provide for an
5-11 equitable representation of the major disability groups served by
5-12 the commission.>
5-13 <(c) The consumer advisory committee shall meet as provided
5-14 by the rules of the board and on call of the board.>
5-15 <(d) The members of the consumer advisory committee are
5-16 entitled to compensatory per diem authorized by the General
5-17 Appropriations Act for each day engaged in the performance of their
5-18 duties as directed by the board and to reimbursement for actual and
5-19 necessary expenses incurred in attending the official meetings of
5-20 the consumer advisory committee.>
5-21 <(e) A member of the consumer advisory committee who is
5-22 disabled and who, because of the disability, requires special aids
5-23 or travel attendants is entitled to reimbursement for the cost of
5-24 the special aids or travel attendants.>
5-25 <(f) To be eligible for appointment to the consumer advisory
6-1 committee a person must have demonstrated an active and
6-2 constructive interest in the rehabilitation of handicapped people>.
6-3 SECTION 5. Subsection (b), Section 111.020, Human Resources
6-4 Code, is amended to read as follows:
6-5 (b) The commissioner shall, under personnel policies adopted
6-6 by the board, appoint the personnel, including a general counsel,
6-7 necessary for the efficient performance of the functions of the
6-8 agency.
6-9 SECTION 6. Section 111.051, Human Resources Code, is amended
6-10 to read as follows:
6-11 Sec. 111.051. Commission as Principal Authority. The Texas
6-12 Rehabilitation Commission is the principal authority in the state
6-13 on rehabilitation of <handicapped and disabled> individuals with
6-14 disabilities, except for those matters relating to individuals
6-15 whose <handicaps or> disabilities are of a visual nature. All
6-16 other state agencies engaged in rehabilitation activities and
6-17 related services to individuals whose <handicaps or> disabilities
6-18 are not of a visual nature shall coordinate those activities and
6-19 services with the commission.
6-20 SECTION 7. Subsection (b), Section 111.052, Human Resources
6-21 Code, is amended to read as follows:
6-22 (b) In carrying out the purposes of this chapter, the
6-23 commission may:
6-24 (1) cooperate with other departments, agencies,
6-25 political subdivisions, and institutions, both public and private,
7-1 in providing the services authorized by this chapter to eligible
7-2 individuals, in studying the problems involved, and in planning,
7-3 establishing, developing, and providing necessary or desirable
7-4 programs, facilities, and services, including those jointly
7-5 administered with state agencies;
7-6 (2) enter into reciprocal agreements with other
7-7 states;
7-8 (3) establish or construct rehabilitation facilities
7-9 and workshops, contract with or provide grants to agencies,
7-10 organizations, or individuals as necessary to implement this
7-11 chapter, make contracts or other arrangements with public and other
7-12 nonprofit agencies, organizations, or institutions for the
7-13 establishment of workshops and rehabilitation facilities, and
7-14 operate facilities for carrying out the purposes of this chapter;
7-15 (4) conduct research and compile statistics relating
7-16 to the provision of services to or the need for services by
7-17 disabled individuals;
7-18 (5) provide for the establishment, supervision,
7-19 management, and control of small business enterprises to be
7-20 operated by severely handicapped individuals where their operation
7-21 will be improved through the management and supervision of the
7-22 commission;
7-23 (6) contract with schools, hospitals, private
7-24 industrial firms, and other agencies and with doctors, nurses,
7-25 technicians, and other persons for training, physical restoration,
8-1 transportation, and other rehabilitation services; and
8-2 (7) contract with a public or private agency to
8-3 provide and pay for rehabilitative services under the extended
8-4 rehabilitation services program, including alternative sheltered
8-5 employment or community integrated employment <residence> for a
8-6 person participating in the program.
8-7 SECTION 8. Section 111.052A, Human Resources Code, is
8-8 amended to read as follows:
8-9 <Sec. 111.052A. COORDINATION WITH STATE AGENCIES. The
8-10 commission shall coordinate with the Texas Department of Human
8-11 Services and other health and human service agencies, as necessary,
8-12 to ensure that clients with learning disabilities receive
8-13 appropriate services.>
8-14 SECTION 9. Section 111.057, Human Resources Code, is amended
8-15 to read as follows:
8-16 Sec. 111.057. Unlawful Use of Lists of Names. (a) Except
8-17 for purposes directly connected with the administration of health
8-18 and human service programs <the rehabilitation program> and in
8-19 accordance with regulations, it is unlawful for a person to
8-20 solicit, disclose, receive, or make use of, or authorize, knowingly
8-21 permit, participate in, or acquiesce in the use of any list of,
8-22 names of, or any information directly or indirectly derived from
8-23 records concerning persons applying for or receiving health and
8-24 human services <rehabilitation>.
8-25 (b) The commission is authorized to provide client and other
9-1 information to and receive client and other information from any
9-2 state agency for the purpose of increasing and enhancing services
9-3 to clients and improving agency operations, except where federal
9-4 law or regulations preclude such sharing.
9-5 (c) The commission shall adopt rules to carry out the
9-6 purposes of this section.
9-7 SECTION 10. Section 111.058, Human Resources Code, is
9-8 amended to read as follows:
9-9 Sec. 111.058. CRIMINAL CONVICTION <HISTORY> RECORD
9-10 INFORMATION. (a) The commission may obtain criminal conviction
9-11 <history> record information from the pardons and paroles division
9-12 and institutional division of the Texas Department of Criminal
9-13 Justice <Board of Pardons and Paroles, Texas Department of
9-14 Corrections,> and from the Texas Department of Public Safety if the
9-15 conviction records relate to:
9-16 (1) an applicant selected for employment with the
9-17 commission;
9-18 (2) an applicant for rehabilitation services; or
9-19 (3) <to> a client of the commission <agency>.
9-20 (b) The pardons and paroles division and institutional
9-21 division of the Texas Department of Criminal Justice <Board of
9-22 Pardons and Paroles, Texas Department of Corrections,> and the
9-23 Texas Department of Public Safety upon request shall supply to the
9-24 commission criminal conviction <history> record information
9-25 relating <applying> to applicants selected for employment with the
10-1 commission, applicants for rehabilitation services, or clients of
10-2 the commission. The commission shall treat all criminal conviction
10-3 <history> record information as privileged and confidential and for
10-4 commission use only.
10-5 SECTION 11. Section 111.060, Human Resources Code, is
10-6 amended by adding Subsection (c) to read as follows:
10-7 (c) The comprehensive rehabilitation fund is exempt from the
10-8 provisions of Section 403.094, Government Code.
10-9 SECTION 12. The importance of this legislation and the
10-10 crowded condition of the calendars in both houses create an
10-11 emergency and an imperative public necessity that the
10-12 constitutional rule requiring bills to be read on three several
10-13 days in each house be suspended, and this rule is hereby suspended,
10-14 and that this Act take effect and be in force from and after its
10-15 passage, and it is so enacted.