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.