BILL ANALYSIS H.B. 2859 By: King 04-12-95 Committee Report (Amended) BACKGROUND The Texas Commission for the Deaf and Hearing Impaired has the responsibility of developing and implementing programs to advocate for and educate Texans who have hearing disorders and deafness and to coordinate services to those persons. The small agency operates within a limited budget of slightly more than $2 million per biennium, primarily through contracting for interpreter services through local councils. Nine persons are employed full time by the agency, and during the 1993 legislative session, many of the agency's routine administrative duties were assigned to the Texas Commission for the Blind to perform under contract. In 1991, Texas lawmakers expanded the Commission's target population to include persons who are hard of hearing. H.B. 2353 by Rep. Jack Vowell and Sen. Chet Brooks changed the name of the agency from the Texas Commission for the Deaf to become the Texas Commission for the Deaf and Hearing Impaired. However, no new funding was allotted to accomplish this broadened purpose even though the agency's responsibility increased from serving approximately 40,000 persons to more than 1.6 million. PURPOSE In order to describe more clearly the population being served, H.B. 2859 would once again change the name of the Texas Commission for the Deaf and Hearing Impaired to the Texas Commission for the Deaf and Hard of Hearing, since "hard of hearing" better reflects the needs of the service population. The measure would also provide technical corrections to the agency's enabling statute, increase the size of the board of evaluators of interpreters, and restores to the Commission duties previously delegated to the board such as deciding where and how often to administer interpreting examinations. RULEMAKING AUTHORITY It is the opinion of the Committee that H.B. 2859 delegates no additional rulemaking authority to any state official, agency, department, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends the heading of Chapter 81, Human Resources Code, to read as follows: TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING. SECTION 2. Amends Section 81.001, H. R. Code, by adding clearer definitions, including: (1) "Commission"; (2) "Deaf" meaning a hearing impairment of such severity that a person must depend on visual methods to communicate; and (3) "Hard of hearing" meaning an impairment resulting in a loss of hearing function in which the person relies on residual hearing and may depend on visual methods. SECTION 3. Amends Section 81.002, H. R. Code, by striking "deaf", "handicap" and "hearing impaired", and inserting "deaf and hard of hearing" as appropriate. This change affects the composition of the governing board such that of the nine members: Three must be persons who are deaf or hard of hearing; Two must be parents of persons who are deaf or hard of hearing; Two must be professionals serving persons who are deaf or hard of hearing; and Two must be persons from the general public. SECTION 4. Amends Section 81.004, H.R. Code, to reflect agency's changed name. SECTION 5. Amends Sections 81.005(b) and (d), H.R. Code as follows: (b) Technical changes for agency's new name. (d) Prohibits members of the commission from receiving compensation, but allows reimbursement for travel expenses, according to the appropriations act. SECTION 6. Amends Sections 81.006(a), (b), and (g), Human Resources Code, as follows, and including technical changes throughout to allow for new agency name; (a) (2) Eliminates services now provided by other agencies; (4) Permits agency to maintain a registry of available interpreters, to be updated quarterly and available to needy Texans at cost; eliminates catalog of resources previously available and updated only annually; (5) Permits agency to provide training for interpreters; (6) Continues current agency rulemaking authority to set a schedule of interpreter's hourly fees, but changes rate from "reasonable" to "maximum allowable"; (7) Permits agency to assist institutions of higher education in initiating training programs for interpreters and develop guidelines to promote uniformity in programs; (8) With assistance of Central Education Agency, permits agency to develop standards to evaluate of the programs in subsection (7). (b) (1) Permits Commission to have advisory committees, but permits no reimbursement for their expenses; (2) Permits agency to charge and collect authorized fees as well as accept donations; (5) Adds new (5) to charge and collect a fee for training interpreters in a reasonable amount set by the comm'n to defray the cost of training; (g) Updating terminology. SECTION 7. Amends Sections 81.007(a), (b), (d), (f), and (i), Human Resources Code as follows: (a) Updating terminology. (b) Increases size of Board for Evaluation of Interpreters from five to seven. (d) Updating terminology. (f) Eliminates need for Board for Evaluation of Interpreters to make recommendations regarding the waiver of certification requirements. (i) Restores to the Commission, and eliminates Board for Evaluation of Interpreters, from deciding how often and where interpreter examinations are offered. SECTION 8. Amends Section 81.0072(a), Human Resources Code, by requiring the recommendation of the Board for Evaluation of Interpreters in order for Commission to suspend an interpreter's certificate. SECTION 9. Amends Section 81.013, Human Resources Code, making technical terminology changes. SECTION 10. Amends Section 81.016(a), Human Resources Code, updating terminology. SECTION 11. Amends Section 81.017(a), Human Resources Code, updating terminology and changed name of the Dept. of Criminal Justice. SECTION 12. Amends Sections 81.019(a) and (b), Human Resources Code, technical corrections. SECTION 13. Amends Section 21.006(a), Civil Practice and Remedies Code, technical corrections. SECTION 14. Amends Article 38.31(f), Code of Criminal Procedure, technical corrections. SECTION 15. Amends Sections 11.03(a) and (l), Education Code, technical corrections. SECTION 16. Amends Sections 54.205(b) and (c), Education Code, technical corrections. SECTION 17. Amends Section 558.003(a), Government Code, making technical corrections. SECTION 18. Amends Section 2001.055(a), Government Code, technical corrections. SECTION 19. Amends Section 22.011(a), Human Resources Code, making technical corrections. SECTION 20. Amends Section 22.024, Human Resources Code, making technical corrections. SECTION 21. Amends Section 82.001(1), Human Resources Code to make technical corrections. SECTION 22. Amends Section 115.002(c), Human Resources Code, making technical corrections. SECTION 23. Amends Section 36.015(b), Health and Safety Code, technical corrections. SECTION 24. Amends Section 85.017(b), Health and Safety Code, technical corrections. SECTION 25. Amends Section 85.113, Health and Safety Code, technical corrections. SECTION 26. Amends Section 614.015, Health and Safety Code, technical corrections. SECTION 27. Amends Section 504.017, Labor Code, technical corrections. SECTION 28. Repeals the following provisions in the Human Resources Code: (1) Section 81.006(h); (2) Section 81.0061; (3) Section 81.007(j); (4) Section 81.011. SECTION 29. Changes the name of the commission to the Texas Commission for the Deaf and Hard of Hearing. SECTION 30. (a) Requires the agency to use all stationery and other supplies on hand bearing before purchasing new supplies. (b) Provides that appropriations made to the agency under the old name will be available to the commission under its new name. SECTION 31. Effective date, September 1, 1995. SECTION 32. Emergency clause. EXPLANATION OF AMENDMENTS The committee added one amendment to accommodate testimony provided at the public hearing. Committee Amendment No. 1 would require that the governor, in making appointments to the Commission, fill appointments such that a majority of the commissioners are deaf. SUMMARY OF COMMITTEE ACTION On April 3, the Human Services Committee convened in a public hearing and the Chairman laid out H.B. 2859 and asked Rep. King to explain the bill. The following witnesses testified for H.B. 2859: Michael Fehmer, Austin; Richard Garbacz, representing himself and Texas Deaf Caucus; Hector Brual, Texas Symposium on Deaf or Hard of Hearing Texans; Lucille Koehl, Houston; Timothy Rarus, Texas Symposium on Deaf or Hard of Hearing Texans; and Fran Herrington-Borre, representing herself and Symposium on Deaf & Hard of Hearing Texans. The following witnesses testified as neutral on H.B. 2859: David Myers, Texas Comm'n for the Deaf & Hearing Impaired; and Billy Collins, TX Comm'n for the Deaf & Hearing Impaired. No one testified against H.B. 2859 and the bill was left pending. In a formal meeting on April 12, 1995, the committee took up H.B. 2859 which had been pending. Rep. Maxey offered a Committee Amendment No. 1, clarifying how many members of the governing body must be deaf and hearing no objection, the amendment was adopted. Rep. Maxey moved to pass H.B. 2859 favorably as amended and the motion prevailed by a record vote of 7 Ayes, 0 Nays, 0 PNV and 2 Absent.