By King                                               H.B. No. 2859
       74R2969 CLG-F
                                 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.
    2-7        (c)  Except as provided by Subsection (b) of this section,
    2-8  appointments to the commission shall be made without regard to the
    2-9  race, color, disability <handicap>, sex, religion, age, or national
   2-10  origin of the appointees.
   2-11        (d)  An officer, employee, or paid consultant of an
   2-12  association representing the interests of <deaf or
   2-13  hearing-impaired> persons who are deaf or hard of hearing may not
   2-14  be a member or employee of the commission, nor may a person who
   2-15  cohabits with or is the spouse of an officer, managerial employee,
   2-16  or paid consultant of an association representing the interests of
   2-17  <deaf or hearing-impaired> persons who are deaf or hard of hearing
   2-18  be a member of the commission or an employee of the commission
   2-19  grade 17 and over, including exempt employees, according to the
   2-20  position classification schedule under the General Appropriations
   2-21  Act.
   2-22        (e)  A person who is required to register as a lobbyist under
   2-23  Chapter 305, Government Code, by virtue of his activities for
   2-24  compensation in or on behalf of a profession related to the
   2-25  operation of the commission, may not serve as a member of the
   2-26  commission or act as the general counsel to the commission.
   2-27        (f)  A person is not eligible for appointment as a member of
    3-1  the commission if the person or the person's spouse:
    3-2              (1)  is employed by or participates in the management
    3-3  of a business entity or other organization regulated by the
    3-4  commission or receiving funds from the commission;
    3-5              (2)  owns, controls, or has, directly or indirectly,
    3-6  more than a 10 percent interest in a business entity or other
    3-7  organization regulated by the commission or receiving funds from
    3-8  the commission; or
    3-9              (3)  uses or receives a substantial amount of funds or
   3-10  tangible goods from the commission.
   3-11        SECTION 4.  Section 81.004, Human Resources Code, is amended
   3-12  to read as follows:
   3-13        Sec. 81.004.  Sunset Provision.  The Texas Commission for the
   3-14  Deaf and Hard of Hearing <Impaired> is subject to Chapter 325,
   3-15  Government Code (Texas Sunset Act).  Unless the commission is
   3-16  continued in existence as provided by that chapter, the commission
   3-17  is abolished and this chapter expires September 1, 1999.
   3-18        SECTION 5.  Sections 81.005(b) and (d), Human Resources Code,
   3-19  are amended to read as follows:
   3-20        (b)  The commission shall hold at least six meetings a year.
   3-21  During at least one of those meetings, the commission shall receive
   3-22  public comment on the operations of the commission and the concerns
   3-23  of the deaf or hard of hearing community.  The commission shall
   3-24  develop and implement policies that will provide the public with a
   3-25  reasonable opportunity to appear before the commission and to speak
   3-26  on any issue under the jurisdiction of the commission.
   3-27        (d)  Members of the commission are not entitled to
    4-1  compensation, but are entitled to reimbursement of <for> their
    4-2  traveling <actual and necessary> expenses, as provided in the
    4-3  General Appropriations Act <in attending meetings of the commission
    4-4  and in carrying out official duties>.
    4-5        SECTION 6.  Sections 81.006(a), (b), and (g), Human Resources
    4-6  Code, are amended to read as follows:
    4-7        (a)  The commission shall:
    4-8              (1)  develop and implement a statewide program of
    4-9  advocacy and education to ensure continuity of services to persons
   4-10  who are deaf or hard of hearing <the deaf>;
   4-11              (2)  provide direct services to persons who are deaf or
   4-12  hard of hearing <the deaf>, including interpreter services,
   4-13  information and referral services, <message relay services,>
   4-14  advocacy services, services to elderly persons who are deaf or hard
   4-15  of hearing <deaf and hearing impaired>, and training in accessing
   4-16  basic life skills <and job-seeking skills, and individual and
   4-17  family counseling>;
   4-18              (3)  work to ensure more effective coordination and
   4-19  cooperation among public and nonprofit organizations providing
   4-20  social and educational services to <deaf> individuals who are deaf
   4-21  or hard of hearing;
   4-22              (4)  maintain <establish> a registry of available
   4-23  interpreters for persons who are deaf or hard of hearing by
   4-24  updating the registry at least quarterly and making the registry
   4-25  available to interested persons at cost <the deaf and a catalogue
   4-26  of resources available for the needs of the deaf, both of which it
   4-27  shall disseminate to interested people and update annually>;
    5-1              (5)  establish a system to approve and provide courses
    5-2  and workshops for the instruction and continuing education of
    5-3  interpreters for persons who are deaf or hard of hearing; <the
    5-4  deaf; and>
    5-5              (6)  annually review the schedule of fees recommended
    5-6  by the commission for the payment of interpreters and, as a result
    5-7  of the findings of the review and other relevant information, adopt
    5-8  by rule a schedule of maximum allowable <reasonable> hourly fees to
    5-9  be paid to interpreters with varied levels of skill by a state
   5-10  agency, court, or a political subdivision of the state;
   5-11              (7)  assist institutions of higher education in
   5-12  initiating training programs for interpreters and develop
   5-13  guidelines for instruction to promote uniformity of signs taught
   5-14  within those programs; and
   5-15              (8)  with the assistance of the Central Education
   5-16  Agency, develop standards for evaluation of the programs described
   5-17  by Subdivision (7).
   5-18        (b)  The commission may:
   5-19              (1)  appoint one or more advisory committees to consult
   5-20  with and advise the commission <and may reimburse the members of an
   5-21  advisory committee for the actual and necessary expenses incurred
   5-22  in performing duties requested by the commission>;
   5-23              (2)  charge and collect authorized fees and accept
   5-24  gifts, grants, and donations of money, personal property, or real
   5-25  property for use in expanding and improving services to <deaf>
   5-26  persons of this state who are deaf or hard of hearing;
   5-27              (3)  adopt rules necessary to implement this chapter;
    6-1  <and>
    6-2              (4)  contract with or provide grants to agencies,
    6-3  organizations, or individuals as necessary to implement this
    6-4  chapter; and
    6-5              (5)  charge and collect a fee for training interpreters
    6-6  in a reasonable amount to be set by the commission to defray the
    6-7  cost of conducting the training.
    6-8        (g)  The commission shall establish and charge reasonable
    6-9  fees for some or all commission publications to cover the
   6-10  commission's publication costs.  However, the commission shall
   6-11  waive the fee if a <deaf> person who is deaf or hard of hearing is
   6-12  financially unable to pay for the publication, and may waive the
   6-13  fees for publications provided to certain entities.  The commission
   6-14  shall adopt rules to implement this subsection.  The rules must
   6-15  specify the standards used for determining ability to pay for a
   6-16  publication and must specify the types of entities for which the
   6-17  fees will be waived.
   6-18        SECTION 7.  Sections 81.007(a), (b), (d), (f), and (i), Human
   6-19  Resources Code, are amended to read as follows:
   6-20        (a)  The commission may establish a program in accordance
   6-21  with this section for the certification of interpreters who have
   6-22  reached varying levels of proficiency in communication skills
   6-23  necessary to communicate with <deaf and hearing-impaired>
   6-24  individuals who are deaf or hard of hearing.
   6-25        (b)  The commission shall appoint a board of seven <five>
   6-26  persons to administer the certification program.
   6-27        (d)  The commission shall use the recommendations of the
    7-1  board in compiling a statewide registry of interpreters by skill
    7-2  level.  The registry must, in addition to other pertinent
    7-3  information, include recommendations relating to the appropriate
    7-4  selection and utilization of interpreters for individuals who are
    7-5  deaf or hard of hearing <the deaf>.  The registry must be made
    7-6  available to and recommended for adoption by state commissions,
    7-7  departments, and agencies.
    7-8        (f)  The <Based on the board's recommendations, the>
    7-9  commission may waive any certification requirement for an applicant
   7-10  with a valid certificate from another state having certification
   7-11  requirements substantially equivalent to those of this state.
   7-12        (i)  The commission <board> shall determine the frequency
   7-13  with which it will conduct the interpreter examinations.  The
   7-14  commission <board> shall conduct the interpreter examinations:
   7-15              (1)  in Austin at the commission's office or in other
   7-16  space owned or leased by the state that can be obtained free of
   7-17  charge; or
   7-18              (2)  in other cities in this state in space that can be
   7-19  obtained free of charge.
   7-20        SECTION 8.  Section 81.0072(a), Human Resources Code, is
   7-21  amended to read as follows:
   7-22        (a)  The commission, on the recommendation of the Board for
   7-23  Evaluation of Interpreters, shall revoke or suspend a certificate,
   7-24  place on probation a person whose certificate has been suspended,
   7-25  or reprimand an interpreter certified by the commission for a
   7-26  violation of a rule of the commission.  If a certificate suspension
   7-27  is probated, the commission may require the practitioner:
    8-1              (1)  to report regularly to the commission on matters
    8-2  that are the basis of the probation;
    8-3              (2)  to limit practice to those areas prescribed by the
    8-4  commission; or
    8-5              (3)  to continue or renew professional education until
    8-6  a satisfactory degree of skill has been attained in those areas
    8-7  that are the basis of the probation.
    8-8        SECTION 9.  Section 81.013, Human Resources Code, is amended
    8-9  to read as follows:
   8-10        Sec. 81.013.  PRIVATE OUTDOOR TRAINING PROGRAMS FOR <DEAF>
   8-11  STUDENTS WHO ARE DEAF OR HARD OF HEARING.  (a)  The commission may
   8-12  contract with private entities to provide for the attendance of
   8-13  <deaf> students who are deaf or hard of hearing at outdoor
   8-14  recreational programs operated for the purpose of providing skill
   8-15  training and recreational experiences for <deaf> children who are
   8-16  deaf or hard of hearing or for <deaf> children who are deaf or hard
   8-17  of hearing and their parents.
   8-18        (b)  In selecting students to attend programs under this
   8-19  section, the commission shall select students from each regional
   8-20  day school program for the deaf, students from the Texas School for
   8-21  the Deaf, and other <deaf> children who are deaf or hard of hearing
   8-22  that the commission thinks will benefit from the program.
   8-23        SECTION 10.  Section 81.016(a), Human Resources Code, is
   8-24  amended to read as follows:
   8-25        (a)  Before the commission contracts with or provides a grant
   8-26  to an agency, organization, or individual to provide direct
   8-27  services to persons who are deaf or hard of hearing <the deaf>, the
    9-1  commission shall make reasonable efforts to notify all potential
    9-2  service providers of the availability and purpose of the contract
    9-3  or grant.
    9-4        SECTION 11.  Section 81.017(a), Human Resources Code, is
    9-5  amended to read as follows:
    9-6        (a)  The commission and each of the following agencies shall
    9-7  adopt by rule a memorandum of understanding to coordinate the
    9-8  delivery of services to <deaf> persons who are deaf or hard of
    9-9  hearing and to reduce duplication of services:
   9-10              (1)  the Texas Department of Human Services;
   9-11              (2)  the Texas Department of Mental Health and Mental
   9-12  Retardation;
   9-13              (3)  the Texas Employment Commission;
   9-14              (4)  the Texas Department of Health;
   9-15              (5)  the Coordinating Board, Texas College and
   9-16  University System;
   9-17              (6)  the Central Education Agency;
   9-18              (7)  the Texas Department on Aging;
   9-19              (8)  the Texas School for the Deaf;
   9-20              (9)  the Texas Rehabilitation Commission;
   9-21              (10)  the institutional division of the Texas
   9-22  Department of Criminal Justice <Texas Department of Corrections>;
   9-23  and
   9-24              (11)  any other state agency involved in providing
   9-25  services to <deaf> persons who are deaf or hard of hearing.
   9-26        SECTION 12.  Sections 81.019(a) and (b), Human Resources
   9-27  Code, are amended to read as follows:
   10-1        (a)  The commission shall design and provide for the issuance
   10-2  of a symbol or other device that may be attached to a motor vehicle
   10-3  regularly operated by a <hearing impaired> person who is deaf or
   10-4  hard of hearing.
   10-5        (b)  A <hearing impaired> person who is deaf or hard of
   10-6  hearing may apply to the commission for the symbol or other device.
   10-7  The commission may require acceptable medical proof that a person
   10-8  is deaf or hard of hearing <hearing impaired> and may set a fee,
   10-9  not to exceed $2 for each device, to defray the costs of
  10-10  administering this section.
  10-11        SECTION 13.  Section 21.006(a), Civil Practice and Remedies
  10-12  Code, is amended to read as follows:
  10-13        (a)  The interpreter shall be paid a reasonable fee
  10-14  determined by the court after considering the recommended fees of
  10-15  the Texas Commission for the Deaf and Hard of Hearing <Impaired>.
  10-16        SECTION 14.  Article 38.31(f), Code of Criminal Procedure, is
  10-17  amended to read as follows:
  10-18        (f)  Interpreters appointed under this Article are entitled
  10-19  to a reasonable fee determined by the court after considering the
  10-20  recommendations of the Texas <State> Commission for the Deaf and
  10-21  Hard of Hearing.  When travel of the interpreter is involved all
  10-22  the actual expenses of travel, lodging, and meals incurred by the
  10-23  interpreter pertaining to the case he is appointed to serve shall
  10-24  be paid at the same rate applicable to state employees.
  10-25        SECTION 15.  Sections 11.03(a) and (l), Education Code, are
  10-26  amended to read as follows:
  10-27        (a)  The Texas School for the Deaf is governed by a
   11-1  nine-member board appointed by the governor in accordance with this
   11-2  section and confirmed by the senate. A person may not serve
   11-3  simultaneously on the board and the Texas Commission for the Deaf
   11-4  and Hard of Hearing <Impaired>. The board, five of whom must be
   11-5  deaf, consists of:
   11-6              (1)  three persons who are deaf, one of whom must be an
   11-7  alumnus of the Texas School for the Deaf;
   11-8              (2)  three persons who are parents of a deaf person,
   11-9  one of whom must be deaf; and
  11-10              (3)  three persons who are experienced in working with
  11-11  deaf persons, one of whom must be deaf.
  11-12        (l)  The executive director of the Texas Commission for the
  11-13  Deaf and Hard of Hearing <Impaired> or his representative serves as
  11-14  a voting member of any policy and planning committee or task force
  11-15  of the Texas School for the Deaf.
  11-16        SECTION 16.  Sections 54.205(b) and (c), Education Code, are
  11-17  amended to read as follows:
  11-18        (b)  A deaf or blind person who is a resident is entitled to
  11-19  exemption from the payment of tuition fees at any institution of
  11-20  higher education utilizing public funds if he presents:
  11-21              (1)  certification that he is a "blind person" or a
  11-22  "deaf person" as defined in Subsection (a) of this section by the
  11-23  Texas Rehabilitation Commission, Texas Commission for the Blind, or
  11-24  Texas Commission for the Deaf and Hard of Hearing <Impaired>, as
  11-25  appropriate, in a written statement, which certification is
  11-26  considered conclusive;
  11-27              (2)  a written statement of purpose from the person
   12-1  that indicates the certificate or degree program to be pursued or
   12-2  the professional enhancement from the course of study for that
   12-3  certificate or degree program;
   12-4              (3)  a high school diploma or its equivalent;
   12-5              (4)  a letter of recommendation from the principal of
   12-6  the high school attended by the deaf or blind individual, a public
   12-7  official, or some other responsible person who knows the deaf or
   12-8  blind individual and is willing to serve as a reference; and
   12-9              (5)  proof that he meets all other entrance
  12-10  requirements of the institution.
  12-11        (c)  The governing board of an institution may establish
  12-12  special entrance requirements to fit the circumstances of deaf and
  12-13  blind persons.  The Texas Rehabilitation Commission, the Texas
  12-14  Commission for the Blind, the Texas Commission for the Deaf and
  12-15  Hard of Hearing <Impaired>, and the Texas Higher Education
  12-16  Coordinating Board may develop any rules and procedures that these
  12-17  agencies determine necessary for the efficient implementation of
  12-18  this section.
  12-19        SECTION 17.  Section 558.003(a), Government Code, is amended
  12-20  to read as follows:
  12-21        (a)  In a proceeding before the governing body of a political
  12-22  subdivision in which the legal rights, duties, or privileges of a
  12-23  party are to be determined by the governing body after an
  12-24  adjudicative hearing, the governing body shall supply for a party
  12-25  who is deaf or hearing impaired an interpreter who has
  12-26  qualifications approved by the Texas Commission for the Deaf and
  12-27  Hard of Hearing <Impaired>.
   13-1        SECTION 18.  Section 2001.055(a), Government Code, is amended
   13-2  to read as follows:
   13-3        (a)  In a contested case, a state agency shall provide an
   13-4  interpreter whose qualifications are approved by the Texas
   13-5  Commission for the Deaf and Hard of Hearing <Impaired> to interpret
   13-6  the proceedings for a party or subpoenaed witness who is deaf or
   13-7  hearing impaired.
   13-8        SECTION 19.  Section 22.011(a), Human Resources Code, is
   13-9  amended to read as follows:
  13-10        (a)  The department, the Texas Department of Health, the
  13-11  Texas Department of Mental Health and Mental Retardation, the Texas
  13-12  Rehabilitation Commission, the Texas Commission for the Blind, the
  13-13  Texas Commission for the Deaf and Hard of Hearing <Impaired>, and
  13-14  the Central Education Agency shall adopt a joint memorandum of
  13-15  understanding to facilitate the coordination of services to
  13-16  disabled persons.  The memorandum shall:
  13-17              (1)  clarify the financial and service responsibilities
  13-18  of each agency in relation to disabled persons; and
  13-19              (2)  address how the agency will share data relating to
  13-20  services delivered to disabled persons by each agency.
  13-21        SECTION 20.  Section 22.024, Human Resources Code, is amended
  13-22  to read as follows:
  13-23        Sec. 22.024.  Development of Service Plan for Elderly or
  13-24  Disabled.  If the Texas Department of Human Services, Texas
  13-25  Department of Mental Health and Mental Retardation, Texas
  13-26  Commission for the Deaf and Hard of Hearing <Impaired>, Texas
  13-27  Department on Aging, or another agency funded in the General
   14-1  Appropriations Act under appropriations for health, welfare, and
   14-2  rehabilitation agencies receives funds to provide case management
   14-3  services to the elderly or disabled, the agency shall provide
   14-4  information to its staff concerning the services other agencies
   14-5  provide to those populations.  The agency's staff shall use that
   14-6  information to develop a comprehensive service plan for its
   14-7  clients.
   14-8        SECTION 21.  Section 82.001(1), Human Resources Code, is
   14-9  amended to read as follows:
  14-10              (1)  "Qualified interpreter" means a person employed as
  14-11  an interpreter who holds a current certification issued by the
  14-12  Board for Evaluation of Interpreters, or another current
  14-13  certificate that the Texas Commission for the Deaf and Hard of
  14-14  Hearing determines is comparable or appropriate and approves.
  14-15        SECTION 22.  Section 115.002(c), Human Resources Code, is
  14-16  amended to read as follows:
  14-17        (c)  The ex officio members are:
  14-18              (1)  the chair of the Texas Employment Commission;
  14-19              (2)  the commissioner of the Texas Rehabilitation
  14-20  Commission;
  14-21              (3)  the executive director of the Texas Commission for
  14-22  the Blind;
  14-23              (4)  the executive director of the Texas Commission for
  14-24  the Deaf and Hard of Hearing; and
  14-25              (5)  other officials designated by the governor who
  14-26  serve with other state agencies that provide services to persons
  14-27  with disabilities.
   15-1        SECTION 23.  Section 36.015(b), Health and Safety Code, is
   15-2  amended to read as follows:
   15-3        (b)  The committee is composed of nine members.  The chief
   15-4  administrative officer of each of the following agencies shall
   15-5  appoint one member to the committee:
   15-6              (1)  Central Education Agency;
   15-7              (2)  Texas Commission for the Blind;
   15-8              (3)  Texas Commission for the Deaf and Hard of Hearing
   15-9  <Impaired>;
  15-10              (4)  Texas Department of Housing and Community Affairs;
  15-11              (5)  Texas Department of Health;
  15-12              (6)  Texas Department of Human Services;
  15-13              (7)  Texas Department of Mental Health and Mental
  15-14  Retardation;
  15-15              (8)  Texas School for the Blind and Visually Impaired;
  15-16  and
  15-17              (9)  Texas School for the Deaf.
  15-18        SECTION 24.  Section 85.017(b), Health and Safety Code, is
  15-19  amended to read as follows:
  15-20        (b)  The council consists of one representative from each of
  15-21  the following agencies appointed by the executive director or
  15-22  commissioner of each agency:
  15-23              (1)  the department;
  15-24              (2)  the Texas Department of Mental Health and Mental
  15-25  Retardation;
  15-26              (3)  the Texas Department of Human Services;
  15-27              (4)  the Texas Commission on Alcohol and Drug Abuse;
   16-1              (5)  the Texas Rehabilitation Commission;
   16-2              (6)  the Texas Youth Commission;
   16-3              (7)  the Texas Department of Criminal Justice;
   16-4              (8)  the Texas Juvenile Probation Commission;
   16-5              (9)  the Texas Commission for the Blind;
   16-6              (10)  the Texas Commission for the Deaf and Hard of
   16-7  Hearing <Impaired>;
   16-8              (11)  the Department of Protective and Regulatory
   16-9  Services;
  16-10              (12)  the Central Education Agency;
  16-11              (13)  the Texas State Board of Medical Examiners;
  16-12              (14)  the Board of Nurse Examiners;
  16-13              (15)  the Board of Vocational Nurse Examiners;
  16-14              (16)  the Texas State Board of Dental Examiners; and
  16-15              (17)  the Health and Human Services Commission.
  16-16        SECTION 25.  Section 85.113, Health and Safety Code, is
  16-17  amended to read as follows:
  16-18        Sec. 85.113.  Workplace Guidelines for State Contractors.  An
  16-19  entity that contracts with or is funded by any of the following
  16-20  state agencies to operate a program involving direct client contact
  16-21  shall adopt and implement workplace guidelines similar to the
  16-22  guidelines adopted by the agency that funds or contracts with the
  16-23  entity:
  16-24              (1)  the Texas Commission on Alcohol and Drug Abuse;
  16-25              (2)  the Texas Commission for the Blind;
  16-26              (3)  the Texas Commission for the Deaf and Hard of
  16-27  Hearing;
   17-1              (4)  the Texas Juvenile Probation Commission;
   17-2              (5)  the Texas Department of Criminal Justice;
   17-3              (6)  the Texas Youth Commission;
   17-4              (7)  the department;
   17-5              (8)  the Texas Department of Human Services;
   17-6              (9)  the Texas Department of Mental Health and Mental
   17-7  Retardation; and
   17-8              (10)  the Texas Rehabilitation Commission.
   17-9        SECTION 26.  Section 614.015, Health and Safety Code, is
  17-10  amended to read as follows:
  17-11        Sec. 614.015.  Continuity of Care for Physically Disabled,
  17-12  Terminally Ill, or Significantly Ill Offenders.  (a)  The Texas
  17-13  Department of Criminal Justice, the Texas Rehabilitation
  17-14  Commission, the Texas Commission for the Blind, the Texas
  17-15  Commission for the Deaf and Hard of Hearing <Impaired>, the Texas
  17-16  Department of Health, and the Texas Department of Human Services by
  17-17  rule shall adopt a memorandum of understanding that establishes
  17-18  their respective responsibilities to institute a continuity of care
  17-19  and service program for offenders in the criminal justice system
  17-20  who are physically disabled, terminally ill, or significantly ill.
  17-21  The council shall coordinate and monitor the development and
  17-22  implementation of the memorandum of understanding.
  17-23        (b)  The memorandum of understanding must establish methods
  17-24  for:
  17-25              (1)  identifying offenders in the criminal justice
  17-26  system who are physically disabled, terminally ill, or
  17-27  significantly ill;
   18-1              (2)  developing interagency rules, policies, and
   18-2  procedures for the coordination of care of and the exchange of
   18-3  information on offenders who are physically disabled, terminally
   18-4  ill, or significantly ill by local and state criminal justice
   18-5  agencies, the Texas Department of Criminal Justice, the Texas
   18-6  Rehabilitation Commission, the Texas Commission for the Blind, the
   18-7  Texas Commission for the Deaf and Hard of Hearing <Impaired>, the
   18-8  Texas Department of Health, and the Texas Department of Human
   18-9  Services; and
  18-10              (3)  identifying the services needed by offenders who
  18-11  are physically disabled, terminally ill, or significantly ill to
  18-12  reenter the community successfully.
  18-13        (c)  The Texas Department of Criminal Justice, the Texas
  18-14  Rehabilitation Commission, the Texas Commission for the Blind, the
  18-15  Texas Commission for the Deaf and Hard of Hearing <Impaired>, the
  18-16  Texas Department of Health, and the Texas Department of Human
  18-17  Services shall:
  18-18              (1)  operate, with funds appropriated for that purpose,
  18-19  the continuity of care and service program for offenders in the
  18-20  criminal justice system who are physically disabled, terminally
  18-21  ill, or significantly ill; and
  18-22              (2)  actively seek federal grants or funds to operate
  18-23  and expand the program.
  18-24        SECTION 27.  Section 504.017, Labor Code, is amended to read
  18-25  as follows:
  18-26        Sec. 504.017.  Federal and State Funded Transportation
  18-27  Entities.  An entity is eligible to participate under Section
   19-1  504.016; Chapter 1084, Acts of the 70th Legislature, Regular
   19-2  Session, 1987 (Article 715c, Vernon's Texas Civil Statutes); or
   19-3  Chapter 791, Government Code, if the entity provides transportation
   19-4  subsidized in whole or in part by and provided to clients of:
   19-5              (1)  the Texas Department on Aging;
   19-6              (2)  the Texas Commission on Alcohol and Drug Abuse;
   19-7              (3)  the Texas Commission for the Blind;
   19-8              (4)  the Texas Cancer Council;
   19-9              (5)  the Texas Commission for the Deaf and Hard of
  19-10  Hearing <Impaired>;
  19-11              (6)  the Texas Department of Housing and Community
  19-12  Affairs;
  19-13              (7)  the Texas Department of Human Services;
  19-14              (8)  the Texas Department of Mental Health and Mental
  19-15  Retardation;
  19-16              (9)  the Texas Rehabilitation Commission; or
  19-17              (10)  the Texas Youth Commission.
  19-18        SECTION 28.  The following provisions of the Human Resources
  19-19  Code are repealed:
  19-20              (1)  Section 81.006(h);
  19-21              (2)  Section 81.0061;
  19-22              (3)  Section 81.007(j); and
  19-23              (4)  Section 81.011.
  19-24        SECTION 29.  The name of the Texas Commission for the Deaf
  19-25  and Hearing Impaired is changed to the Texas Commission for the
  19-26  Deaf and Hard of Hearing.  Any reference in the law to the Texas
  19-27  Commission for the Deaf and Hearing Impaired means the Texas
   20-1  Commission for the Deaf and Hard of Hearing.
   20-2        SECTION 30.  (a)  Before using new stationery or other
   20-3  supplies printed with the commission's name as changed by this Act,
   20-4  the Texas Commission for the Deaf and Hearing Impaired shall use
   20-5  all stationery and other supplies that are printed with the
   20-6  commission's former name and that are in its possession on the
   20-7  effective date of this Act.
   20-8        (b)  An appropriation made to the Texas Commission for the
   20-9  Deaf and Hearing Impaired is available to the commission under its
  20-10  name as changed by this Act.
  20-11        SECTION 31.  This Act takes effect September 1, 1995.
  20-12        SECTION 32.  The importance of this legislation and the
  20-13  crowded condition of the calendars in both houses create an
  20-14  emergency and an imperative public necessity that the
  20-15  constitutional rule requiring bills to be read on three several
  20-16  days in each house be suspended, and this rule is hereby suspended.