By King                                               H.B. No. 2859
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the powers, duties, and name of the Texas Commission
    1-3  for the Deaf and Hearing Impaired.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  The heading of Chapter 81, Human Resources Code,
    1-6  is amended to read as follows:
    1-7    CHAPTER 81.  TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING
    1-8        SECTION 2.  Section 81.001, Human Resources Code, is amended
    1-9  to read as follows:
   1-10        Sec. 81.001.  Definitions.  In this chapter:
   1-11              (1)  "Commission"<, "commission"> means the Texas
   1-12  Commission for the Deaf and Hard of Hearing <Impaired>.
   1-13              (2)  "Deaf" means a hearing impairment of such severity
   1-14  that an individual must depend on visual methods to communicate.
   1-15              (3)  "Hard of hearing" means a hearing impairment that
   1-16  results in a loss of hearing function to an individual and in which
   1-17  the individual:
   1-18                    (A)  relies on residual hearing; and
   1-19                    (B)  may depend on visual methods to communicate.
   1-20        SECTION 3.  Section 81.002, Human Resources Code, is amended
   1-21  to read as follows:
   1-22        Sec. 81.002.  Texas Commission for the Deaf and HARD OF
   1-23  Hearing <Impaired>.  (a)  The Texas Commission for the Deaf and
   1-24  Hard of Hearing <Impaired> is composed of nine members appointed by
    2-1  the governor with the advice and consent of the senate.
    2-2        (b)  Three members of the commission must be <deaf> persons
    2-3  who are deaf or hard of hearing, two must be parents of <deaf>
    2-4  persons who are deaf or hard of hearing, two must be professionals
    2-5  serving persons who are deaf or hard of hearing <the deaf>, and two
    2-6  must be persons from the general public.  A majority of the members
    2-7  shall be deaf.
    2-8        (c)  Except as provided by Subsection (b) of this section,
    2-9  appointments to the commission shall be made without regard to the
   2-10  race, color, disability <handicap>, sex, religion, age, or national
   2-11  origin of the appointees.
   2-12        (d)  An officer, employee, or paid consultant of an
   2-13  association representing the interests of <deaf or
   2-14  hearing-impaired> persons who are deaf or hard of hearing may not
   2-15  be a member or employee of the commission, nor may a person who
   2-16  cohabits with or is the spouse of an officer, managerial employee,
   2-17  or paid consultant of an association representing the interests of
   2-18  <deaf or hearing-impaired> persons who are deaf or hard of hearing
   2-19  be a member of the commission or an employee of the commission
   2-20  grade 17 and over, including exempt employees, according to the
   2-21  position classification schedule under the General Appropriations
   2-22  Act.
   2-23        (e)  A person who is required to register as a lobbyist under
   2-24  Chapter 305, Government Code, by virtue of his activities for
   2-25  compensation in or on behalf of a profession related to the
   2-26  operation of the commission, may not serve as a member of the
   2-27  commission or act as the general counsel to the commission.
    3-1        (f)  A person is not eligible for appointment as a member of
    3-2  the commission if the person or the person's spouse:
    3-3              (1)  is employed by or participates in the management
    3-4  of a business entity or other organization regulated by the
    3-5  commission or receiving funds from the commission;
    3-6              (2)  owns, controls, or has, directly or indirectly,
    3-7  more than a 10 percent interest in a business entity or other
    3-8  organization regulated by the commission or receiving funds from
    3-9  the commission; or
   3-10              (3)  uses or receives a substantial amount of funds or
   3-11  tangible goods from the commission.
   3-12        SECTION 4.  Section 81.004, Human Resources Code, is amended
   3-13  to read as follows:
   3-14        Sec. 81.004.  Sunset Provision.  The Texas Commission for the
   3-15  Deaf and Hard of Hearing <Impaired> is subject to Chapter 325,
   3-16  Government Code (Texas Sunset Act).  Unless the commission is
   3-17  continued in existence as provided by that chapter, the commission
   3-18  is abolished and this chapter expires September 1, 1999.
   3-19        SECTION 5.  Sections 81.005(b) and (d), Human Resources Code,
   3-20  are amended to read as follows:
   3-21        (b)  The commission shall hold at least six meetings a year.
   3-22  During at least one of those meetings, the commission shall receive
   3-23  public comment on the operations of the commission and the concerns
   3-24  of the deaf or hard of hearing community.  The commission shall
   3-25  develop and implement policies that will provide the public with a
   3-26  reasonable opportunity to appear before the commission and to speak
   3-27  on any issue under the jurisdiction of the commission.
    4-1        (d)  Members of the commission are not entitled to
    4-2  compensation, but are entitled to reimbursement of <for> their
    4-3  traveling <actual and necessary> expenses, as provided in the
    4-4  General Appropriations Act <in attending meetings of the commission
    4-5  and in carrying out official duties>.
    4-6        SECTION 6.  Sections 81.006(a), (b), and (g), Human Resources
    4-7  Code, are amended to read as follows:
    4-8        (a)  The commission shall:
    4-9              (1)  develop and implement a statewide program of
   4-10  advocacy and education to ensure continuity of services to persons
   4-11  who are deaf or hard of hearing <the deaf>;
   4-12              (2)  provide direct services to persons who are deaf or
   4-13  hard of hearing <the deaf>, including interpreter services,
   4-14  information and referral services, <message relay services,>
   4-15  advocacy services, services to elderly persons who are deaf or hard
   4-16  of hearing <deaf and hearing impaired>, and training in accessing
   4-17  basic life skills <and job-seeking skills, and individual and
   4-18  family counseling>;
   4-19              (3)  work to ensure more effective coordination and
   4-20  cooperation among public and nonprofit organizations providing
   4-21  social and educational services to <deaf> individuals who are deaf
   4-22  or hard of hearing;
   4-23              (4)  maintain <establish> a registry of available
   4-24  interpreters for persons who are deaf or hard of hearing by
   4-25  updating the registry at least quarterly and making the registry
   4-26  available to interested persons at cost <the deaf and a catalogue
   4-27  of resources available for the needs of the deaf, both of which it
    5-1  shall disseminate to interested people and update annually>;
    5-2              (5)  establish a system to approve and provide courses
    5-3  and workshops for the instruction and continuing education of
    5-4  interpreters for persons who are deaf or hard of hearing; <the
    5-5  deaf; and>
    5-6              (6)  annually review the schedule of fees recommended
    5-7  by the commission for the payment of interpreters and, as a result
    5-8  of the findings of the review and other relevant information, adopt
    5-9  by rule a schedule of maximum allowable <reasonable> hourly fees to
   5-10  be paid to interpreters with varied levels of skill by a state
   5-11  agency, court, or a political subdivision of the state;
   5-12              (7)  assist institutions of higher education in
   5-13  initiating training programs for interpreters and develop
   5-14  guidelines for instruction to promote uniformity of signs taught
   5-15  within those programs; and
   5-16              (8)  with the assistance of the Central Education
   5-17  Agency, develop standards for evaluation of the programs described
   5-18  by Subdivision (7).
   5-19        (b)  The commission may:
   5-20              (1)  appoint one or more advisory committees to consult
   5-21  with and advise the commission <and may reimburse the members of an
   5-22  advisory committee for the actual and necessary expenses incurred
   5-23  in performing duties requested by the commission>;
   5-24              (2)  charge and collect authorized fees and accept
   5-25  gifts, grants, and donations of money, personal property, or real
   5-26  property for use in expanding and improving services to <deaf>
   5-27  persons of this state who are deaf or hard of hearing;
    6-1              (3)  adopt rules necessary to implement this chapter;
    6-2  <and>
    6-3              (4)  contract with or provide grants to agencies,
    6-4  organizations, or individuals as necessary to implement this
    6-5  chapter; and
    6-6              (5)  charge and collect a fee for training interpreters
    6-7  in a reasonable amount to be set by the commission to defray the
    6-8  cost of conducting the training.
    6-9        (g)  The commission shall establish and charge reasonable
   6-10  fees for some or all commission publications to cover the
   6-11  commission's publication costs.  However, the commission shall
   6-12  waive the fee if a <deaf> person who is deaf or hard of hearing is
   6-13  financially unable to pay for the publication, and may waive the
   6-14  fees for publications provided to certain entities.  The commission
   6-15  shall adopt rules to implement this subsection.  The rules must
   6-16  specify the standards used for determining ability to pay for a
   6-17  publication and must specify the types of entities for which the
   6-18  fees will be waived.
   6-19        SECTION 7.  Sections 81.007(a), (b), (d), (f), and (i), Human
   6-20  Resources Code, are amended to read as follows:
   6-21        (a)  The commission may establish a program in accordance
   6-22  with this section for the certification of interpreters who have
   6-23  reached varying levels of proficiency in communication skills
   6-24  necessary to communicate with <deaf and hearing-impaired>
   6-25  individuals who are deaf or hard of hearing.
   6-26        (b)  The commission shall appoint a board of seven <five>
   6-27  persons to administer the certification program.
    7-1        (d)  The commission shall use the recommendations of the
    7-2  board in compiling a statewide registry of interpreters by skill
    7-3  level.  The registry must, in addition to other pertinent
    7-4  information, include recommendations relating to the appropriate
    7-5  selection and utilization of interpreters for individuals who are
    7-6  deaf or hard of hearing <the deaf>.  The registry must be made
    7-7  available to and recommended for adoption by state commissions,
    7-8  departments, and agencies.
    7-9        (f)  The <Based on the board's recommendations, the>
   7-10  commission may waive any certification requirement for an applicant
   7-11  with a valid certificate from another state having certification
   7-12  requirements substantially equivalent to those of this state.
   7-13        (i)  The commission <board> shall determine the frequency
   7-14  with which it will conduct the interpreter examinations.  The
   7-15  commission <board> shall conduct the interpreter examinations:
   7-16              (1)  in Austin at the commission's office or in other
   7-17  space owned or leased by the state that can be obtained free of
   7-18  charge; or
   7-19              (2)  in other cities in this state in space that can be
   7-20  obtained free of charge.
   7-21        SECTION 8.  Section 81.0072(a), Human Resources Code, is
   7-22  amended to read as follows:
   7-23        (a)  The commission, on the recommendation of the Board for
   7-24  Evaluation of Interpreters, shall revoke or suspend a certificate,
   7-25  place on probation a person whose certificate has been suspended,
   7-26  or reprimand an interpreter certified by the commission for a
   7-27  violation of a rule of the commission.  If a certificate suspension
    8-1  is probated, the commission may require the practitioner:
    8-2              (1)  to report regularly to the commission on matters
    8-3  that are the basis of the probation;
    8-4              (2)  to limit practice to those areas prescribed by the
    8-5  commission; or
    8-6              (3)  to continue or renew professional education until
    8-7  a satisfactory degree of skill has been attained in those areas
    8-8  that are the basis of the probation.
    8-9        SECTION 9.  Section 81.013, Human Resources Code, is amended
   8-10  to read as follows:
   8-11        Sec. 81.013.  PRIVATE OUTDOOR TRAINING PROGRAMS FOR <DEAF>
   8-12  STUDENTS WHO ARE DEAF OR HARD OF HEARING.  (a)  The commission may
   8-13  contract with private entities to provide for the attendance of
   8-14  <deaf> students who are deaf or hard of hearing at outdoor
   8-15  recreational programs operated for the purpose of providing skill
   8-16  training and recreational experiences for <deaf> children who are
   8-17  deaf or hard of hearing or for <deaf> children who are deaf or hard
   8-18  of hearing and their parents.
   8-19        (b)  In selecting students to attend programs under this
   8-20  section, the commission shall select students from each regional
   8-21  day school program for the deaf, students from the Texas School for
   8-22  the Deaf, and other <deaf> children who are deaf or hard of hearing
   8-23  that the commission thinks will benefit from the program.
   8-24        SECTION 10.  Section 81.016(a), Human Resources Code, is
   8-25  amended to read as follows:
   8-26        (a)  Before the commission contracts with or provides a grant
   8-27  to an agency, organization, or individual to provide direct
    9-1  services to persons who are deaf or hard of hearing <the deaf>, the
    9-2  commission shall make reasonable efforts to notify all potential
    9-3  service providers of the availability and purpose of the contract
    9-4  or grant.
    9-5        SECTION 11.  Section 81.017(a), Human Resources Code, is
    9-6  amended to read as follows:
    9-7        (a)  The commission and each of the following agencies shall
    9-8  adopt by rule a memorandum of understanding to coordinate the
    9-9  delivery of services to <deaf> persons who are deaf or hard of
   9-10  hearing and to reduce duplication of services:
   9-11              (1)  the Texas Department of Human Services;
   9-12              (2)  the Texas Department of Mental Health and Mental
   9-13  Retardation;
   9-14              (3)  the Texas Employment Commission;
   9-15              (4)  the Texas Department of Health;
   9-16              (5)  the Coordinating Board, Texas College and
   9-17  University System;
   9-18              (6)  the Central Education Agency;
   9-19              (7)  the Texas Department on Aging;
   9-20              (8)  the Texas School for the Deaf;
   9-21              (9)  the Texas Rehabilitation Commission;
   9-22              (10)  the institutional division of the Texas
   9-23  Department of Criminal Justice <Texas Department of Corrections>;
   9-24  and
   9-25              (11)  any other state agency involved in providing
   9-26  services to <deaf> persons who are deaf or hard of hearing.
   9-27        SECTION 12.  Sections 81.019(a) and (b), Human Resources
   10-1  Code, are amended to read as follows:
   10-2        (a)  The commission shall design and provide for the issuance
   10-3  of a symbol or other device that may be attached to a motor vehicle
   10-4  regularly operated by a <hearing impaired> person who is deaf or
   10-5  hard of hearing.
   10-6        (b)  A <hearing impaired> person who is deaf or hard of
   10-7  hearing may apply to the commission for the symbol or other device.
   10-8  The commission may require acceptable medical proof that a person
   10-9  is deaf or hard of hearing <hearing impaired> and may set a fee,
  10-10  not to exceed $2 for each device, to defray the costs of
  10-11  administering this section.
  10-12        SECTION 13.  Section 21.006(a), Civil Practice and Remedies
  10-13  Code, is amended to read as follows:
  10-14        (a)  The interpreter shall be paid a reasonable fee
  10-15  determined by the court after considering the recommended fees of
  10-16  the Texas Commission for the Deaf and Hard of Hearing <Impaired>.
  10-17        SECTION 14.  Article 38.31(f), Code of Criminal Procedure, is
  10-18  amended to read as follows:
  10-19        (f)  Interpreters appointed under this Article are entitled
  10-20  to a reasonable fee determined by the court after considering the
  10-21  recommendations of the Texas <State> Commission for the Deaf and
  10-22  Hard of Hearing.  When travel of the interpreter is involved all
  10-23  the actual expenses of travel, lodging, and meals incurred by the
  10-24  interpreter pertaining to the case he is appointed to serve shall
  10-25  be paid at the same rate applicable to state employees.
  10-26        SECTION 15.  Sections 11.03(a) and (l), Education Code, are
  10-27  amended to read as follows:
   11-1        (a)  The Texas School for the Deaf is governed by a
   11-2  nine-member board appointed by the governor in accordance with this
   11-3  section and confirmed by the senate. A person may not serve
   11-4  simultaneously on the board and the Texas Commission for the Deaf
   11-5  and Hard of Hearing <Impaired>. The board, five of whom must be
   11-6  deaf, consists of:
   11-7              (1)  three persons who are deaf, one of whom must be an
   11-8  alumnus of the Texas School for the Deaf;
   11-9              (2)  three persons who are parents of a deaf person,
  11-10  one of whom must be deaf; and
  11-11              (3)  three persons who are experienced in working with
  11-12  deaf persons, one of whom must be deaf.
  11-13        (l)  The executive director of the Texas Commission for the
  11-14  Deaf and Hard of Hearing <Impaired> or his representative serves as
  11-15  a voting member of any policy and planning committee or task force
  11-16  of the Texas School for the Deaf.
  11-17        SECTION 16.  Sections 54.205(b) and (c), Education Code, are
  11-18  amended to read as follows:
  11-19        (b)  A deaf or blind person who is a resident is entitled to
  11-20  exemption from the payment of tuition fees at any institution of
  11-21  higher education utilizing public funds if he presents:
  11-22              (1)  certification that he is a "blind person" or a
  11-23  "deaf person" as defined in Subsection (a) of this section by the
  11-24  Texas Rehabilitation Commission, Texas Commission for the Blind, or
  11-25  Texas Commission for the Deaf and Hard of Hearing <Impaired>, as
  11-26  appropriate, in a written statement, which certification is
  11-27  considered conclusive;
   12-1              (2)  a written statement of purpose from the person
   12-2  that indicates the certificate or degree program to be pursued or
   12-3  the professional enhancement from the course of study for that
   12-4  certificate or degree program;
   12-5              (3)  a high school diploma or its equivalent;
   12-6              (4)  a letter of recommendation from the principal of
   12-7  the high school attended by the deaf or blind individual, a public
   12-8  official, or some other responsible person who knows the deaf or
   12-9  blind individual and is willing to serve as a reference; and
  12-10              (5)  proof that he meets all other entrance
  12-11  requirements of the institution.
  12-12        (c)  The governing board of an institution may establish
  12-13  special entrance requirements to fit the circumstances of deaf and
  12-14  blind persons.  The Texas Rehabilitation Commission, the Texas
  12-15  Commission for the Blind, the Texas Commission for the Deaf and
  12-16  Hard of Hearing <Impaired>, and the Texas Higher Education
  12-17  Coordinating Board may develop any rules and procedures that these
  12-18  agencies determine necessary for the efficient implementation of
  12-19  this section.
  12-20        SECTION 17.  Section 558.003(a), Government Code, is amended
  12-21  to read as follows:
  12-22        (a)  In a proceeding before the governing body of a political
  12-23  subdivision in which the legal rights, duties, or privileges of a
  12-24  party are to be determined by the governing body after an
  12-25  adjudicative hearing, the governing body shall supply for a party
  12-26  who is deaf or hearing impaired an interpreter who has
  12-27  qualifications approved by the Texas Commission for the Deaf and
   13-1  Hard of Hearing <Impaired>.
   13-2        SECTION 18.  Section 2001.055(a), Government Code, is amended
   13-3  to read as follows:
   13-4        (a)  In a contested case, a state agency shall provide an
   13-5  interpreter whose qualifications are approved by the Texas
   13-6  Commission for the Deaf and Hard of Hearing <Impaired> to interpret
   13-7  the proceedings for a party or subpoenaed witness who is deaf or
   13-8  hearing impaired.
   13-9        SECTION 19.  Section 22.011(a), Human Resources Code, is
  13-10  amended to read as follows:
  13-11        (a)  The department, the Texas Department of Health, the
  13-12  Texas Department of Mental Health and Mental Retardation, the Texas
  13-13  Rehabilitation Commission, the Texas Commission for the Blind, the
  13-14  Texas Commission for the Deaf and Hard of Hearing <Impaired>, and
  13-15  the Central Education Agency shall adopt a joint memorandum of
  13-16  understanding to facilitate the coordination of services to
  13-17  disabled persons.  The memorandum shall:
  13-18              (1)  clarify the financial and service responsibilities
  13-19  of each agency in relation to disabled persons; and
  13-20              (2)  address how the agency will share data relating to
  13-21  services delivered to disabled persons by each agency.
  13-22        SECTION 20.  Section 22.024, Human Resources Code, is amended
  13-23  to read as follows:
  13-24        Sec. 22.024.  Development of Service Plan for Elderly or
  13-25  Disabled.  If the Texas Department of Human Services, Texas
  13-26  Department of Mental Health and Mental Retardation, Texas
  13-27  Commission for the Deaf and Hard of Hearing <Impaired>, Texas
   14-1  Department on Aging, or another agency funded in the General
   14-2  Appropriations Act under appropriations for health, welfare, and
   14-3  rehabilitation agencies receives funds to provide case management
   14-4  services to the elderly or disabled, the agency shall provide
   14-5  information to its staff concerning the services other agencies
   14-6  provide to those populations.  The agency's staff shall use that
   14-7  information to develop a comprehensive service plan for its
   14-8  clients.
   14-9        SECTION 21.  Section 82.001(1), Human Resources Code, is
  14-10  amended to read as follows:
  14-11              (1)  "Qualified interpreter" means a person employed as
  14-12  an interpreter who holds a current certification issued by the
  14-13  Board for Evaluation of Interpreters, or another current
  14-14  certificate that the Texas Commission for the Deaf and Hard of
  14-15  Hearing determines is comparable or appropriate and approves.
  14-16        SECTION 22.  Section 115.002(c), Human Resources Code, is
  14-17  amended to read as follows:
  14-18        (c)  The ex officio members are:
  14-19              (1)  the chair of the Texas Employment Commission;
  14-20              (2)  the commissioner of the Texas Rehabilitation
  14-21  Commission;
  14-22              (3)  the executive director of the Texas Commission for
  14-23  the Blind;
  14-24              (4)  the executive director of the Texas Commission for
  14-25  the Deaf and Hard of Hearing; and
  14-26              (5)  other officials designated by the governor who
  14-27  serve with other state agencies that provide services to persons
   15-1  with disabilities.
   15-2        SECTION 23.  Section 36.015(b), Health and Safety Code, is
   15-3  amended to read as follows:
   15-4        (b)  The committee is composed of nine members.  The chief
   15-5  administrative officer of each of the following agencies shall
   15-6  appoint one member to the committee:
   15-7              (1)  Central Education Agency;
   15-8              (2)  Texas Commission for the Blind;
   15-9              (3)  Texas Commission for the Deaf and Hard of Hearing
  15-10  <Impaired>;
  15-11              (4)  Texas Department of Housing and Community Affairs;
  15-12              (5)  Texas Department of Health;
  15-13              (6)  Texas Department of Human Services;
  15-14              (7)  Texas Department of Mental Health and Mental
  15-15  Retardation;
  15-16              (8)  Texas School for the Blind and Visually Impaired;
  15-17  and
  15-18              (9)  Texas School for the Deaf.
  15-19        SECTION 24.  Section 85.017(b), Health and Safety Code, is
  15-20  amended to read as follows:
  15-21        (b)  The council consists of one representative from each of
  15-22  the following agencies appointed by the executive director or
  15-23  commissioner of each agency:
  15-24              (1)  the department;
  15-25              (2)  the Texas Department of Mental Health and Mental
  15-26  Retardation;
  15-27              (3)  the Texas Department of Human Services;
   16-1              (4)  the Texas Commission on Alcohol and Drug Abuse;
   16-2              (5)  the Texas Rehabilitation Commission;
   16-3              (6)  the Texas Youth Commission;
   16-4              (7)  the Texas Department of Criminal Justice;
   16-5              (8)  the Texas Juvenile Probation Commission;
   16-6              (9)  the Texas Commission for the Blind;
   16-7              (10)  the Texas Commission for the Deaf and Hard of
   16-8  Hearing <Impaired>;
   16-9              (11)  the Department of Protective and Regulatory
  16-10  Services;
  16-11              (12)  the Central Education Agency;
  16-12              (13)  the Texas State Board of Medical Examiners;
  16-13              (14)  the Board of Nurse Examiners;
  16-14              (15)  the Board of Vocational Nurse Examiners;
  16-15              (16)  the Texas State Board of Dental Examiners; and
  16-16              (17)  the Health and Human Services Commission.
  16-17        SECTION 25.  Section 85.113, Health and Safety Code, is
  16-18  amended to read as follows:
  16-19        Sec. 85.113.  Workplace Guidelines for State Contractors.  An
  16-20  entity that contracts with or is funded by any of the following
  16-21  state agencies to operate a program involving direct client contact
  16-22  shall adopt and implement workplace guidelines similar to the
  16-23  guidelines adopted by the agency that funds or contracts with the
  16-24  entity:
  16-25              (1)  the Texas Commission on Alcohol and Drug Abuse;
  16-26              (2)  the Texas Commission for the Blind;
  16-27              (3)  the Texas Commission for the Deaf and Hard of
   17-1  Hearing;
   17-2              (4)  the Texas Juvenile Probation Commission;
   17-3              (5)  the Texas Department of Criminal Justice;
   17-4              (6)  the Texas Youth Commission;
   17-5              (7)  the department;
   17-6              (8)  the Texas Department of Human Services;
   17-7              (9)  the Texas Department of Mental Health and Mental
   17-8  Retardation; and
   17-9              (10)  the Texas Rehabilitation Commission.
  17-10        SECTION 26.  Section 614.015, Health and Safety Code, is
  17-11  amended to read as follows:
  17-12        Sec. 614.015.  Continuity of Care for Physically Disabled,
  17-13  Terminally Ill, or Significantly Ill Offenders.  (a)  The Texas
  17-14  Department of Criminal Justice, the Texas Rehabilitation
  17-15  Commission, the Texas Commission for the Blind, the Texas
  17-16  Commission for the Deaf and Hard of Hearing <Impaired>, the Texas
  17-17  Department of Health, and the Texas Department of Human Services by
  17-18  rule shall adopt a memorandum of understanding that establishes
  17-19  their respective responsibilities to institute a continuity of care
  17-20  and service program for offenders in the criminal justice system
  17-21  who are physically disabled, terminally ill, or significantly ill.
  17-22  The council shall coordinate and monitor the development and
  17-23  implementation of the memorandum of understanding.
  17-24        (b)  The memorandum of understanding must establish methods
  17-25  for:
  17-26              (1)  identifying offenders in the criminal justice
  17-27  system who are physically disabled, terminally ill, or
   18-1  significantly ill;
   18-2              (2)  developing interagency rules, policies, and
   18-3  procedures for the coordination of care of and the exchange of
   18-4  information on offenders who are physically disabled, terminally
   18-5  ill, or significantly ill by local and state criminal justice
   18-6  agencies, the Texas Department of Criminal Justice, the Texas
   18-7  Rehabilitation Commission, the Texas Commission for the Blind, the
   18-8  Texas Commission for the Deaf and Hard of Hearing <Impaired>, the
   18-9  Texas Department of Health, and the Texas Department of Human
  18-10  Services; and
  18-11              (3)  identifying the services needed by offenders who
  18-12  are physically disabled, terminally ill, or significantly ill to
  18-13  reenter the community successfully.
  18-14        (c)  The Texas Department of Criminal Justice, the Texas
  18-15  Rehabilitation Commission, the Texas Commission for the Blind, the
  18-16  Texas Commission for the Deaf and Hard of Hearing <Impaired>, the
  18-17  Texas Department of Health, and the Texas Department of Human
  18-18  Services shall:
  18-19              (1)  operate, with funds appropriated for that purpose,
  18-20  the continuity of care and service program for offenders in the
  18-21  criminal justice system who are physically disabled, terminally
  18-22  ill, or significantly ill; and
  18-23              (2)  actively seek federal grants or funds to operate
  18-24  and expand the program.
  18-25        SECTION 27.  Section 504.017, Labor Code, is amended to read
  18-26  as follows:
  18-27        Sec. 504.017.  Federal and State Funded Transportation
   19-1  Entities.  An entity is eligible to participate under Section
   19-2  504.016; Chapter 1084, Acts of the 70th Legislature, Regular
   19-3  Session, 1987 (Article 715c, Vernon's Texas Civil Statutes); or
   19-4  Chapter 791, Government Code, if the entity provides transportation
   19-5  subsidized in whole or in part by and provided to clients of:
   19-6              (1)  the Texas Department on Aging;
   19-7              (2)  the Texas Commission on Alcohol and Drug Abuse;
   19-8              (3)  the Texas Commission for the Blind;
   19-9              (4)  the Texas Cancer Council;
  19-10              (5)  the Texas Commission for the Deaf and Hard of
  19-11  Hearing <Impaired>;
  19-12              (6)  the Texas Department of Housing and Community
  19-13  Affairs;
  19-14              (7)  the Texas Department of Human Services;
  19-15              (8)  the Texas Department of Mental Health and Mental
  19-16  Retardation;
  19-17              (9)  the Texas Rehabilitation Commission; or
  19-18              (10)  the Texas Youth Commission.
  19-19        SECTION 28.  The following provisions of the Human Resources
  19-20  Code are repealed:
  19-21              (1)  Section 81.006(h);
  19-22              (2)  Section 81.0061;
  19-23              (3)  Section 81.007(j); and
  19-24              (4)  Section 81.011.
  19-25        SECTION 29.  The name of the Texas Commission for the Deaf
  19-26  and Hearing Impaired is changed to the Texas Commission for the
  19-27  Deaf and Hard of Hearing.  Any reference in the law to the Texas
   20-1  Commission for the Deaf and Hearing Impaired means the Texas
   20-2  Commission for the Deaf and Hard of Hearing.
   20-3        SECTION 30.  (a)  Before using new stationery or other
   20-4  supplies printed with the commission's name as changed by this Act,
   20-5  the Texas Commission for the Deaf and Hearing Impaired shall use
   20-6  all stationery and other supplies that are printed with the
   20-7  commission's former name and that are in its possession on the
   20-8  effective date of this Act.
   20-9        (b)  An appropriation made to the Texas Commission for the
  20-10  Deaf and Hearing Impaired is available to the commission under its
  20-11  name as changed by this Act.
  20-12        SECTION 31.  This Act takes effect September 1, 1995.
  20-13        SECTION 32.  The importance of this legislation and the
  20-14  crowded condition of the calendars in both houses create an
  20-15  emergency and an imperative public necessity that the
  20-16  constitutional rule requiring bills to be read on three several
  20-17  days in each house be suspended, and this rule is hereby suspended.