BILL ANALYSIS


                                                        H.B. 2859
                                             By: King (Zaffirini)
                                        Health and Human Services
                                                          5-24-95
                              Senate Committee Report (Unamended)
BACKGROUND

The Texas Commission for the Deaf and Hearing Impaired is
responsible for developing and implementing programs to advocate
for and educate Texans who have hearing disorders and deafness, and
for coordinating services to those persons.  In 1991, Texas
lawmakers expanded the commission's target population to include
persons who are hard of hearing.

PURPOSE

As proposed, H.B. 2859 replaces the name of the Texas Commission
for the Deaf and Hearing Impaired with the Texas Commission for the
Deaf and Hard of Hearing.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Commission for the Deaf and Hard of Hearing under
SECTION 6 (Section 81.006(a), Human Resources Code) and SECTION 11
(Section 81.017(a), Human Resources Code); and the institutional
division of the Texas Department of Criminal Justice under SECTION
11 (Section 81.017(a), Human Resources Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the heading of Chapter 81, Human Resources Code,
as follows:

  CHAPTER 81.  TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING

SECTION 2. Amends Section 81.001, Human Resources Code, to define
"deaf" and "hard of hearing."  Redefines "commission."

SECTION 3. Amends Section 81.002, Human Resources Code, as follows:

     Sec. 81.002.  New heading: TEXAS COMMISSION FOR THE DEAF AND
     HARD OF HEARING.  (a) Sets forth the composition of the Texas
     Commission for the Deaf and Hard of Hearing (commission), in
     place of the Texas Commission for the Deaf and Hearing
     Impaired.
     
     (b) Requires three members of the commission to be persons
       who are deaf or hard of hearing, rather than deaf.  Requires
       a majority of the members to be deaf.  Makes conforming
       changes.
       
       (c) Makes a nonsubstantive change.
       
       (d) Makes conforming changes.
       
       (e)-(f) Make no change.
       
       SECTION 4.   Amends Section 81.004, Human Resources Code, to make a
conforming change.

SECTION 5. Amends Sections 81.005(b) and (d), as follows:

     (b) Makes a conforming change.
     
     (d) Provides that commission members are not entitled to
     compensation, but are entitled to reimbursement for their
     traveling expenses, as provided in the General Appropriations
     Act.
     
     SECTION 6.     Amends Sections 81.006(a), (b), and (g), Human Resources
Code, as follows:

     (a) Requires the commission to, among other provisions,
     provide training in accessing basic life skills; maintain a
     registry of available interpreters by updating the registry at
     least quarterly and making the registry available to
     interested persons at cost; establish a system to provide
     courses and workshops; adopt, by rule, a schedule of maximum
     allowable hourly fees to be paid to interpreters by a state
     agency, court, or a political subdivision of the state; assist
     institutions of higher education in initiating training
     programs for interpreters and develop guidelines for
     instruction to promote uniformity of signs taught within those
     programs; and, with the assistance of the Central Education
     Agency, develop standards for evaluations of the programs
     described by Subdivision (7).  Makes conforming changes.
     
     (b) Authorizes the commission to, among other actions, charge
     and collect authorized fees, and charge and collect a fee for
     training interpreters in a reasonable amount to be set by the
     commission to defray the cost of conducting the training. 
     Deletes a provision authorizing the commission to reimburse
     members of an advisory committee.  Makes conforming changes.
     
     (g) Makes a conforming change.
     
     SECTION 7.     Amends Sections 81.007(a), (b), (d), (f), and (i), Human
Resources Code, as follows:

     (a) Makes a conforming change.
     
     (b) Requires the commission to appoint a board of seven,
     rather than five, persons.
     
     (d) Makes a conforming change.
     
     (f) Deletes language regarding the board's recommendations.
     
     (i) Requires the commission, rather than the board, to
     determine the frequency with which it will conduct interpreter
     examinations.  Makes a conforming change.
     
     SECTION 8.     Amends Section 81.0072(a), Human Resources Code, to
require the commission, on recommendation of the board, to revoke
or suspend a certificate.

SECTION 9. Amends Section 81.013, Human Resources Code, as follows:

     Sec. 81.013.  New heading: PRIVATE OUTDOOR TRAINING PROGRAMS
     FOR STUDENTS WHO ARE DEAF OR HARD OF HEARING.  Makes
     conforming changes.
     
     SECTION 10.    Amends Section 81.016(a), Human Resources Code, to
make a conforming change.

SECTION 11.    Amends Section 81.017(a), Human Resources Code, to
require the commission and the institutional division of the Texas
Department of Criminal Justice, rather than the Texas Department of
Corrections, among others, to adopt, by rule, a memorandum of
understanding to coordinate delivery of services.  Makes conforming
changes.

SECTION 12.    Amends Sections 81.019(a) and (b), Human Resources
Code, to make conforming changes.

SECTION 13.    Amends Section 21.006(a), Civil Practice and
Remedies Code, to make a conforming change.

SECTION 14.    Amends Article 38.31(f), Code of Criminal Procedure,
to entitle interpreters appointed under this article to a
reasonable fee determined by the court after considering the
recommendations of the Texas Commission for the Deaf and Hard of
Hearing, instead of the State Commission for the Deaf.

SECTION 15.    Amends Sections 11.03(a) and (l), Education Code, to
make conforming changes.

SECTION 16.    Amends Sections 54.205(b) and (c), Education Code,
to make conforming changes.

SECTION 17.    Amends Section 558.003(a), Government Code, to make
a conforming change.

SECTION 18.    Amends Section 2001.055(a), Government Code, to make
a conforming change.

SECTION 19.    Amends Section 22.011(a), Human Resources Code, to
make a conforming change.

SECTION 20.    Amends Section 22.024, Human Resources Code, to make
a conforming change.

SECTION 21.    Amends Section 82.001(l), Human Resources Code, to
make a conforming change.

SECTION 22.    Amends Section 115.002(c), Human Resources Code, to
make a conforming change.

SECTION 23.    Amends Section 36.015(b), Health and Safety Code, to
make a conforming change.

SECTION 24.    Amends Section 85.017(b), Health and Safety Code, to
make a conforming change.

SECTION 25.    Amends Section 85.113, Health and Safety Code, to
make a conforming change.

SECTION 26.    Amends Section 614.015, Health and Safety Code, to
make conforming changes.

SECTION 27.    Amends Section 504.017, Labor Code, to make a
conforming change.

SECTION 28.    Repealer: Sections 81.006(h), 81.0061, 81.007(j),
and 81.011, Human Resources Code (Duties and Powers, Interpreters
in Agency or Court Proceedings, Board for Evaluation of
Interpreters, Telecommunications Devices for the Deaf in State
Agencies and Units of Local Government).

SECTION 29.    Declares that the name of the Texas Commission for
the Deaf and Hearing Impaired is changed to the Texas Commission
for the Deaf and Hard of Hearing, and that any reference in the law
to the Texas Commission for the Deaf and Hearing Impaired means the
Texas Commission for the Deaf and Hard of Hearing.

SECTION 30.    (a) Requires the commission, before using new
supplies printed with the commission's name as changed by this Act,
to use all supplies printed with the commission's former name that
are in the commission's possession on the effective date of this
Act.

     (b) Provides that an appropriation made to the Texas
     Commission for the Deaf and Hearing Impaired is available to
     the commission under its name as changed by this Act.
     
     SECTION 31.    Effective date: September 1, 1995.

SECTION 32.    Emergency clause.