1-1 By: Ellis S.B. No. 407
1-2 (In the Senate - Filed February 19, 1993; February 22, 1993,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 31, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 9, Nays 0;
1-6 March 31, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 407 By: Ellis
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the rehabilitation of individuals with disabilities and
1-22 the administration of the Texas Rehabilitation Commission.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. The heading of Title 7, Human Resources Code, is
1-25 amended to read as follows:
1-26 TITLE 7. REHABILITATION OF INDIVIDUALS WITH DISABILITIES
1-27 <HANDICAPPED AND DISABLED>
1-28 SECTION 2. Section 111.001, Human Resources Code, is amended
1-29 to read as follows:
1-30 Sec. 111.001. Purpose. It is the policy of the State of
1-31 Texas to provide rehabilitation and related services to eligible
1-32 <handicapped> individuals with disabilities so that they may
1-33 prepare for and engage in a gainful occupation or achieve maximum
1-34 personal independence.
1-35 SECTION 3. Section 111.002, Human Resources Code, is amended
1-36 to read as follows:
1-37 Sec. 111.002. Definitions. In this chapter:
1-38 (1) "Commission" means the Texas Rehabilitation
1-39 Commission.
1-40 (2) "Commissioner" means the chief administrative
1-41 officer of the commission.
1-42 (3) "Individual with a disability" <"Handicapped
1-43 individual"> means any individual, except one whose disability is
1-44 of a visual nature, who has a physical or<,> mental impairment<, or
1-45 learning disability> which constitutes a substantial impediment
1-46 <handicap> to employment, or to achieving maximum personal
1-47 independence, but which is of a nature that rehabilitation services
1-48 may <reasonably> be expected to enable the individual to engage in
1-49 a gainful occupation or enable the individual to achieve a greater
1-50 level of self-care and independent living.
1-51 (4) "Substantial impediment <handicap> to employment"
1-52 means a physical or<,> mental impairment<, or learning disability>
1-53 in light of attendant medical, psychological, vocational,
1-54 educational, or other related factors that impedes an individual's
1-55 occupational performance by preventing the individual from
1-56 obtaining, retaining, or preparing for a gainful occupation
1-57 consistent with the individual's capacities and abilities.
1-58 (5) "Rehabilitation services" means any equipment,
1-59 supplies, goods, or services necessary to enable an <a handicapped>
1-60 individual with a disability to engage in a gainful occupation or
1-61 to achieve maximum personal independence. To enable an <a
1-62 handicapped> individual with a disability to engage in a gainful
1-63 occupation or achieve maximum personal independence the commission
1-64 may engage in or contract for activities, including but not limited
1-65 to:
1-66 (A) evaluation of rehabilitation potential,
1-67 including diagnostic and related services incidental to the
1-68 determination of eligibility for services and the nature and scope
2-1 of services to be provided;
2-2 (B) counseling and guidance;
2-3 (C) physical and mental restoration services
2-4 necessary to correct or substantially modify a physical or mental
2-5 condition that is stable or slowly progressive;
2-6 (D) training;
2-7 (E) maintenance for additional costs incurred
2-8 while participating in rehabilitation services <covering a
2-9 handicapped individual's basic living expenses, including food,
2-10 shelter, clothing, and other subsistence expenses necessary to
2-11 support and derive the full benefit of the other rehabilitation
2-12 services being provided>;
2-13 (F) transportation;
2-14 (G) placement in <a> suitable employment;
2-15 (H) postemployment services necessary to
2-16 maintain suitable employment;
2-17 (I) obtaining occupational licenses, including
2-18 any license, permit, or other written authority required by a
2-19 state, city, or other governmental unit to be obtained in order to
2-20 enter an occupation or small business, and providing tools,
2-21 equipment, initial stocks, goods, and supplies; and
2-22 (J) providing other equipment, supplies,
2-23 services, or goods that can reasonably be expected to benefit an <a
2-24 handicapped> individual with a disability in terms of employment in
2-25 a gainful occupation or achievement of maximum personal
2-26 independence.
2-27 (6) "Vocational rehabilitation program" means a
2-28 program that provides rehabilitation services required to enable an
2-29 <a handicapped> individual with a disability to engage in a gainful
2-30 occupation.
2-31 (7) "Extended rehabilitation services program" means a
2-32 program that provides rehabilitation services to an <a severely
2-33 handicapped> individual with a severe disability who is not capable
2-34 of entering the competitive labor market but who may achieve
2-35 maximum personal independence through the provision of
2-36 rehabilitation services.
2-37 <(8) "Learning disability" means a disability in one
2-38 or more areas of oral expression, listening comprehension, written
2-39 expression, basic reading skills, reading comprehension,
2-40 mathematics calculation, mathematics reasoning, or spelling that is
2-41 not primarily the result of a visual handicap, hearing impairment,
2-42 mental retardation, emotional disturbance, or an environmental,
2-43 cultural, or economic disadvantage.>
2-44 SECTION 4. Section 111.016, Human Resources Code, is amended
2-45 to read as follows:
2-46 Sec. 111.016. REHABILITATION <CONSUMER> ADVISORY COUNCIL
2-47 <COMMITTEE>. <(a)> The Rehabilitation Advisory Council is created
2-48 by this section in accordance with the federal Rehabilitation Act
2-49 Amendments of 1992, Pub. L. 102-569. The board shall adopt rules
2-50 for the implementation of regulations and the administration of the
2-51 council <board shall appoint a consumer advisory committee to make
2-52 recommendations for consideration by the board concerning any
2-53 matter that the committee believes to be pertinent to the purposes
2-54 of this chapter or on any matter submitted to the committee by the
2-55 board.>
2-56 <(b) The board shall adopt rules providing for the
2-57 appointment of the consumer advisory committee and establishing for
2-58 the committee the number of members, geographical representation,
2-59 duties, powers, procedures, and times and manner of making
2-60 recommendations to the board. The rules shall provide for an
2-61 equitable representation of the major disability groups served by
2-62 the commission.>
2-63 <(c) The consumer advisory committee shall meet as provided
2-64 by the rules of the board and on call of the board.>
2-65 <(d) The members of the consumer advisory committee are
2-66 entitled to compensatory per diem authorized by the General
2-67 Appropriations Act for each day engaged in the performance of their
2-68 duties as directed by the board and to reimbursement for actual and
2-69 necessary expenses incurred in attending the official meetings of
2-70 the consumer advisory committee.>
3-1 <(e) A member of the consumer advisory committee who is
3-2 disabled and who, because of the disability, requires special aids
3-3 or travel attendants is entitled to reimbursement for the cost of
3-4 the special aids or travel attendants.>
3-5 <(f) To be eligible for appointment to the consumer advisory
3-6 committee a person must have demonstrated an active and
3-7 constructive interest in the rehabilitation of handicapped people>.
3-8 SECTION 5. Subsection (b), Section 111.020, Human Resources
3-9 Code, is amended to read as follows:
3-10 (b) The commissioner shall, under personnel policies adopted
3-11 by the board, appoint the personnel, including a general counsel,
3-12 necessary for the efficient performance of the functions of the
3-13 agency.
3-14 SECTION 6. Section 111.051, Human Resources Code, is amended
3-15 to read as follows:
3-16 Sec. 111.051. Commission as Principal Authority. The Texas
3-17 Rehabilitation Commission is the principal authority in the state
3-18 on rehabilitation of <handicapped and disabled> individuals with
3-19 disabilities, except for those matters relating to individuals
3-20 whose <handicaps or> disabilities are of a visual nature. All
3-21 other state agencies engaged in rehabilitation activities and
3-22 related services to individuals whose <handicaps or> disabilities
3-23 are not of a visual nature shall coordinate those activities and
3-24 services with the commission.
3-25 SECTION 7. Subsection (b), Section 111.052, Human Resources
3-26 Code, is amended to read as follows:
3-27 (b) In carrying out the purposes of this chapter, the
3-28 commission may:
3-29 (1) cooperate with other departments, agencies,
3-30 political subdivisions, and institutions, both public and private,
3-31 in providing the services authorized by this chapter to eligible
3-32 individuals, in studying the problems involved, and in planning,
3-33 establishing, developing, and providing necessary or desirable
3-34 programs, facilities, and services, including those jointly
3-35 administered with state agencies;
3-36 (2) enter into reciprocal agreements with other
3-37 states;
3-38 (3) establish or construct rehabilitation facilities
3-39 and workshops, contract with or provide grants to agencies,
3-40 organizations, or individuals as necessary to implement this
3-41 chapter, make contracts or other arrangements with public and other
3-42 nonprofit agencies, organizations, or institutions for the
3-43 establishment of workshops and rehabilitation facilities, and
3-44 operate facilities for carrying out the purposes of this chapter;
3-45 (4) conduct research and compile statistics relating
3-46 to the provision of services to or the need for services by
3-47 disabled individuals;
3-48 (5) provide for the establishment, supervision,
3-49 management, and control of small business enterprises to be
3-50 operated by severely handicapped individuals where their operation
3-51 will be improved through the management and supervision of the
3-52 commission;
3-53 (6) contract with schools, hospitals, private
3-54 industrial firms, and other agencies and with doctors, nurses,
3-55 technicians, and other persons for training, physical restoration,
3-56 transportation, and other rehabilitation services; and
3-57 (7) contract with a public or private agency to
3-58 provide and pay for rehabilitative services under the extended
3-59 rehabilitation services program, including alternative sheltered
3-60 employment or community integrated employment <residence> for a
3-61 person participating in the program.
3-62 SECTION 8. Section 111.052A, Human Resources Code, is
3-63 repealed.
3-64 SECTION 9. Section 111.057, Human Resources Code, is amended
3-65 to read as follows:
3-66 Sec. 111.057. Unlawful Use of Lists of Names. (a) Except
3-67 for purposes directly connected with the administration of health
3-68 and human service programs <the rehabilitation program> and in
3-69 accordance with regulations, it is unlawful for a person to
3-70 solicit, disclose, receive, or make use of, or authorize, knowingly
4-1 permit, participate in, or acquiesce in the use of any list of,
4-2 names of, or any information directly or indirectly derived from
4-3 records concerning persons applying for or receiving health and
4-4 human services <rehabilitation>.
4-5 (b) The commission is authorized to provide client and other
4-6 information to and receive client and other information from any
4-7 state agency for the purpose of increasing and enhancing services
4-8 to clients and improving agency operations, except where federal
4-9 law or regulations preclude such sharing.
4-10 (c) The commission shall adopt rules to carry out the
4-11 purposes of this section.
4-12 SECTION 10. Section 111.058, Human Resources Code, is
4-13 amended to read as follows:
4-14 Sec. 111.058. CRIMINAL CONVICTION <HISTORY> RECORD
4-15 INFORMATION. (a) The commission may obtain criminal conviction
4-16 <history> record information from the pardons and paroles division
4-17 and institutional division of the Texas Department of Criminal
4-18 Justice <Board of Pardons and Paroles, Texas Department of
4-19 Corrections,> and from the Texas Department of Public Safety if the
4-20 conviction records relate to:
4-21 (1) an applicant selected for employment with the
4-22 commission;
4-23 (2) an applicant for rehabilitation services; or
4-24 (3) <to> a client of the commission <agency>.
4-25 (b) The pardons and paroles division and institutional
4-26 division of the Texas Department of Criminal Justice <Board of
4-27 Pardons and Paroles, Texas Department of Corrections,> and the
4-28 Texas Department of Public Safety upon request shall supply to the
4-29 commission criminal conviction <history> record information
4-30 relating <applying> to applicants selected for employment with the
4-31 commission, applicants for rehabilitation services, or clients of
4-32 the commission. The commission shall treat all criminal conviction
4-33 <history> record information as privileged and confidential and for
4-34 commission use only.
4-35 SECTION 11. Section 111.060, Human Resources Code, is
4-36 amended by adding Subsection (c) to read as follows:
4-37 (c) The court costs remitted to the comptroller and
4-38 deposited in the state treasury pursuant to this section are
4-39 dedicated to the commission.
4-40 SECTION 12. The importance of this legislation and the
4-41 crowded condition of the calendars in both houses create an
4-42 emergency and an imperative public necessity that the
4-43 constitutional rule requiring bills to be read on three several
4-44 days in each house be suspended, and this rule is hereby suspended,
4-45 and that this Act take effect and be in force from and after its
4-46 passage, and it is so enacted.
4-47 * * * * *
4-48 Austin,
4-49 Texas
4-50 March 31, 1993
4-51 Hon. Bob Bullock
4-52 President of the Senate
4-53 Sir:
4-54 We, your Committee on Health and Human Services to which was
4-55 referred S.B. No. 407, have had the same under consideration, and I
4-56 am instructed to report it back to the Senate with the
4-57 recommendation that it do not pass, but that the Committee
4-58 Substitute adopted in lieu thereof do pass and be printed.
4-59 Zaffirini,
4-60 Chair
4-61 * * * * *
4-62 WITNESSES
4-63 FOR AGAINST ON
4-64 ___________________________________________________________________
4-65 Name: Max Arrell x
4-66 Representing: Tx Rehabilitation Commission
4-67 City: Austin
4-68 -------------------------------------------------------------------
4-69 Name: Charles E. Harrison x
4-70 Representing: Tx Rehabilitation Commission
5-1 City: Austin
5-2 -------------------------------------------------------------------
5-3 Name: Vincent Sadowski x
5-4 Representing: Tx Centers for Ind. Living
5-5 City: Austin
5-6 -------------------------------------------------------------------
5-7 Name: Mitchell J. Rappaport x
5-8 Representing: Coal. of Tx with Disabilities
5-9 City: Houston
5-10 -------------------------------------------------------------------