1-1  By:  King (Senate Sponsor - Zaffirini)                H.B. No. 2859
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 18, 1995, read first time and referred to Committee on Health
    1-4  and Human Services; May 23, 1995, reported favorably by the
    1-5  following vote:  Yeas 5, Nays 0; May 23, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the powers, duties, and name of the Texas Commission
    1-9  for the Deaf and Hearing Impaired.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  The heading of Chapter 81, Human Resources Code,
   1-12  is amended to read as follows:
   1-13    CHAPTER 81.  TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING
   1-14        SECTION 2.  Section 81.001, Human Resources Code, is amended
   1-15  to read as follows:
   1-16        Sec. 81.001.  Definitions.  In this chapter:
   1-17              (1)  "Commission"<, "commission"> means the Texas
   1-18  Commission for the Deaf and Hard of Hearing <Impaired>.
   1-19              (2)  "Deaf" means a hearing impairment of such severity
   1-20  that an individual must depend on visual methods to communicate.
   1-21              (3)  "Hard of hearing" means a hearing impairment that
   1-22  results in a loss of hearing function to an individual and in which
   1-23  the individual:
   1-24                    (A)  relies on residual hearing; and
   1-25                    (B)  may depend on visual methods to communicate.
   1-26        SECTION 3.  Section 81.002, Human Resources Code, is amended
   1-27  to read as follows:
   1-28        Sec. 81.002.  Texas Commission for the Deaf and HARD OF
   1-29  Hearing <Impaired>.  (a)  The Texas Commission for the Deaf and
   1-30  Hard of Hearing <Impaired> is composed of nine members appointed by
   1-31  the governor with the advice and consent of the senate.
   1-32        (b)  Three members of the commission must be <deaf> persons
   1-33  who are deaf or hard of hearing, two must be parents of <deaf>
   1-34  persons who are deaf or hard of hearing, two must be professionals
   1-35  serving persons who are deaf or hard of hearing <the deaf>, and two
   1-36  must be persons from the general public.  A majority of the members
   1-37  shall be deaf.
   1-38        (c)  Except as provided by Subsection (b) of this section,
   1-39  appointments to the commission shall be made without regard to the
   1-40  race, color, disability <handicap>, sex, religion, age, or national
   1-41  origin of the appointees.
   1-42        (d)  An officer, employee, or paid consultant of an
   1-43  association representing the interests of <deaf or
   1-44  hearing-impaired> persons who are deaf or hard of hearing may not
   1-45  be a member or employee of the commission, nor may a person who
   1-46  cohabits with or is the spouse of an officer, managerial employee,
   1-47  or paid consultant of an association representing the interests of
   1-48  <deaf or hearing-impaired> persons who are deaf or hard of hearing
   1-49  be a member of the commission or an employee of the commission
   1-50  grade 17 and over, including exempt employees, according to the
   1-51  position classification schedule under the General Appropriations
   1-52  Act.
   1-53        (e)  A person who is required to register as a lobbyist under
   1-54  Chapter 305, Government Code, by virtue of his activities for
   1-55  compensation in or on behalf of a profession related to the
   1-56  operation of the commission, may not serve as a member of the
   1-57  commission or act as the general counsel to the commission.
   1-58        (f)  A person is not eligible for appointment as a member of
   1-59  the commission if the person or the person's spouse:
   1-60              (1)  is employed by or participates in the management
   1-61  of a business entity or other organization regulated by the
   1-62  commission or receiving funds from the commission;
   1-63              (2)  owns, controls, or has, directly or indirectly,
   1-64  more than a 10 percent interest in a business entity or other
   1-65  organization regulated by the commission or receiving funds from
   1-66  the commission; or
   1-67              (3)  uses or receives a substantial amount of funds or
   1-68  tangible goods from the commission.
    2-1        SECTION 4.  Section 81.004, Human Resources Code, is amended
    2-2  to read as follows:
    2-3        Sec. 81.004.  Sunset Provision.  The Texas Commission for the
    2-4  Deaf and Hard of Hearing <Impaired> is subject to Chapter 325,
    2-5  Government Code (Texas Sunset Act).  Unless the commission is
    2-6  continued in existence as provided by that chapter, the commission
    2-7  is abolished and this chapter expires September 1, 1999.
    2-8        SECTION 5.  Sections 81.005(b) and (d), Human Resources Code,
    2-9  are amended to read as follows:
   2-10        (b)  The commission shall hold at least six meetings a year.
   2-11  During at least one of those meetings, the commission shall receive
   2-12  public comment on the operations of the commission and the concerns
   2-13  of the deaf or hard of hearing community.  The commission shall
   2-14  develop and implement policies that will provide the public with a
   2-15  reasonable opportunity to appear before the commission and to speak
   2-16  on any issue under the jurisdiction of the commission.
   2-17        (d)  Members of the commission are not entitled to
   2-18  compensation, but are entitled to reimbursement of <for> their
   2-19  traveling <actual and necessary> expenses, as provided in the
   2-20  General Appropriations Act <in attending meetings of the commission
   2-21  and in carrying out official duties>.
   2-22        SECTION 6.  Sections 81.006(a), (b), and (g), Human Resources
   2-23  Code, are amended to read as follows:
   2-24        (a)  The commission shall:
   2-25              (1)  develop and implement a statewide program of
   2-26  advocacy and education to ensure continuity of services to persons
   2-27  who are deaf or hard of hearing <the deaf>;
   2-28              (2)  provide direct services to persons who are deaf or
   2-29  hard of hearing <the deaf>, including interpreter services,
   2-30  information and referral services, <message relay services,>
   2-31  advocacy services, services to elderly persons who are deaf or hard
   2-32  of hearing <deaf and hearing impaired>, and training in accessing
   2-33  basic life skills <and job-seeking skills, and individual and
   2-34  family counseling>;
   2-35              (3)  work to ensure more effective coordination and
   2-36  cooperation among public and nonprofit organizations providing
   2-37  social and educational services to <deaf> individuals who are deaf
   2-38  or hard of hearing;
   2-39              (4)  maintain <establish> a registry of available
   2-40  interpreters for persons who are deaf or hard of hearing by
   2-41  updating the registry at least quarterly and making the registry
   2-42  available to interested persons at cost <the deaf and a catalogue
   2-43  of resources available for the needs of the deaf, both of which it
   2-44  shall disseminate to interested people and update annually>;
   2-45              (5)  establish a system to approve and provide courses
   2-46  and workshops for the instruction and continuing education of
   2-47  interpreters for persons who are deaf or hard of hearing; <the
   2-48  deaf; and>
   2-49              (6)  annually review the schedule of fees recommended
   2-50  by the commission for the payment of interpreters and, as a result
   2-51  of the findings of the review and other relevant information, adopt
   2-52  by rule a schedule of maximum allowable <reasonable> hourly fees to
   2-53  be paid to interpreters with varied levels of skill by a state
   2-54  agency, court, or a political subdivision of the state;
   2-55              (7)  assist institutions of higher education in
   2-56  initiating training programs for interpreters and develop
   2-57  guidelines for instruction to promote uniformity of signs taught
   2-58  within those programs; and
   2-59              (8)  with the assistance of the Central Education
   2-60  Agency, develop standards for evaluation of the programs described
   2-61  by Subdivision (7).
   2-62        (b)  The commission may:
   2-63              (1)  appoint one or more advisory committees to consult
   2-64  with and advise the commission <and may reimburse the members of an
   2-65  advisory committee for the actual and necessary expenses incurred
   2-66  in performing duties requested by the commission>;
   2-67              (2)  charge and collect authorized fees and accept
   2-68  gifts, grants, and donations of money, personal property, or real
   2-69  property for use in expanding and improving services to <deaf>
   2-70  persons of this state who are deaf or hard of hearing;
    3-1              (3)  adopt rules necessary to implement this chapter;
    3-2  <and>
    3-3              (4)  contract with or provide grants to agencies,
    3-4  organizations, or individuals as necessary to implement this
    3-5  chapter; and
    3-6              (5)  charge and collect a fee for training interpreters
    3-7  in a reasonable amount to be set by the commission to defray the
    3-8  cost of conducting the training.
    3-9        (g)  The commission shall establish and charge reasonable
   3-10  fees for some or all commission publications to cover the
   3-11  commission's publication costs.  However, the commission shall
   3-12  waive the fee if a <deaf> person who is deaf or hard of hearing is
   3-13  financially unable to pay for the publication, and may waive the
   3-14  fees for publications provided to certain entities.  The commission
   3-15  shall adopt rules to implement this subsection.  The rules must
   3-16  specify the standards used for determining ability to pay for a
   3-17  publication and must specify the types of entities for which the
   3-18  fees will be waived.
   3-19        SECTION 7.  Sections 81.007(a), (b), (d), (f), and (i), Human
   3-20  Resources Code, are amended to read as follows:
   3-21        (a)  The commission may establish a program in accordance
   3-22  with this section for the certification of interpreters who have
   3-23  reached varying levels of proficiency in communication skills
   3-24  necessary to communicate with <deaf and hearing-impaired>
   3-25  individuals who are deaf or hard of hearing.
   3-26        (b)  The commission shall appoint a board of seven <five>
   3-27  persons to administer the certification program.
   3-28        (d)  The commission shall use the recommendations of the
   3-29  board in compiling a statewide registry of interpreters by skill
   3-30  level.  The registry must, in addition to other pertinent
   3-31  information, include recommendations relating to the appropriate
   3-32  selection and utilization of interpreters for individuals who are
   3-33  deaf or hard of hearing <the deaf>.  The registry must be made
   3-34  available to and recommended for adoption by state commissions,
   3-35  departments, and agencies.
   3-36        (f)  The <Based on the board's recommendations, the>
   3-37  commission may waive any certification requirement for an applicant
   3-38  with a valid certificate from another state having certification
   3-39  requirements substantially equivalent to those of this state.
   3-40        (i)  The commission <board> shall determine the frequency
   3-41  with which it will conduct the interpreter examinations.  The
   3-42  commission <board> shall conduct the interpreter examinations:
   3-43              (1)  in Austin at the commission's office or in other
   3-44  space owned or leased by the state that can be obtained free of
   3-45  charge; or
   3-46              (2)  in other cities in this state in space that can be
   3-47  obtained free of charge.
   3-48        SECTION 8.  Section 81.0072(a), Human Resources Code, is
   3-49  amended to read as follows:
   3-50        (a)  The commission, on the recommendation of the Board for
   3-51  Evaluation of Interpreters, shall revoke or suspend a certificate,
   3-52  place on probation a person whose certificate has been suspended,
   3-53  or reprimand an interpreter certified by the commission for a
   3-54  violation of a rule of the commission.  If a certificate suspension
   3-55  is probated, the commission may require the practitioner:
   3-56              (1)  to report regularly to the commission on matters
   3-57  that are the basis of the probation;
   3-58              (2)  to limit practice to those areas prescribed by the
   3-59  commission; or
   3-60              (3)  to continue or renew professional education until
   3-61  a satisfactory degree of skill has been attained in those areas
   3-62  that are the basis of the probation.
   3-63        SECTION 9.  Section 81.013, Human Resources Code, is amended
   3-64  to read as follows:
   3-65        Sec. 81.013.  PRIVATE OUTDOOR TRAINING PROGRAMS FOR <DEAF>
   3-66  STUDENTS WHO ARE DEAF OR HARD OF HEARING.  (a)  The commission may
   3-67  contract with private entities to provide for the attendance of
   3-68  <deaf> students who are deaf or hard of hearing at outdoor
   3-69  recreational programs operated for the purpose of providing skill
   3-70  training and recreational experiences for <deaf> children who are
    4-1  deaf or hard of hearing or for <deaf> children who are deaf or hard
    4-2  of hearing and their parents.
    4-3        (b)  In selecting students to attend programs under this
    4-4  section, the commission shall select students from each regional
    4-5  day school program for the deaf, students from the Texas School for
    4-6  the Deaf, and other <deaf> children who are deaf or hard of hearing
    4-7  that the commission thinks will benefit from the program.
    4-8        SECTION 10.  Section 81.016(a), Human Resources Code, is
    4-9  amended to read as follows:
   4-10        (a)  Before the commission contracts with or provides a grant
   4-11  to an agency, organization, or individual to provide direct
   4-12  services to persons who are deaf or hard of hearing <the deaf>, the
   4-13  commission shall make reasonable efforts to notify all potential
   4-14  service providers of the availability and purpose of the contract
   4-15  or grant.
   4-16        SECTION 11.  Section 81.017(a), Human Resources Code, is
   4-17  amended to read as follows:
   4-18        (a)  The commission and each of the following agencies shall
   4-19  adopt by rule a memorandum of understanding to coordinate the
   4-20  delivery of services to <deaf> persons who are deaf or hard of
   4-21  hearing and to reduce duplication of services:
   4-22              (1)  the Texas Department of Human Services;
   4-23              (2)  the Texas Department of Mental Health and Mental
   4-24  Retardation;
   4-25              (3)  the Texas Employment Commission;
   4-26              (4)  the Texas Department of Health;
   4-27              (5)  the Coordinating Board, Texas College and
   4-28  University System;
   4-29              (6)  the Central Education Agency;
   4-30              (7)  the Texas Department on Aging;
   4-31              (8)  the Texas School for the Deaf;
   4-32              (9)  the Texas Rehabilitation Commission;
   4-33              (10)  the institutional division of the Texas
   4-34  Department of Criminal Justice <Texas Department of Corrections>;
   4-35  and
   4-36              (11)  any other state agency involved in providing
   4-37  services to <deaf> persons who are deaf or hard of hearing.
   4-38        SECTION 12.  Sections 81.019(a) and (b), Human Resources
   4-39  Code, are amended to read as follows:
   4-40        (a)  The commission shall design and provide for the issuance
   4-41  of a symbol or other device that may be attached to a motor vehicle
   4-42  regularly operated by a <hearing impaired> person who is deaf or
   4-43  hard of hearing.
   4-44        (b)  A <hearing impaired> person who is deaf or hard of
   4-45  hearing may apply to the commission for the symbol or other device.
   4-46  The commission may require acceptable medical proof that a person
   4-47  is deaf or hard of hearing <hearing impaired> and may set a fee,
   4-48  not to exceed $2 for each device, to defray the costs of
   4-49  administering this section.
   4-50        SECTION 13.  Section 21.006(a), Civil Practice and Remedies
   4-51  Code, is amended to read as follows:
   4-52        (a)  The interpreter shall be paid a reasonable fee
   4-53  determined by the court after considering the recommended fees of
   4-54  the Texas Commission for the Deaf and Hard of Hearing <Impaired>.
   4-55        SECTION 14.  Article 38.31(f), Code of Criminal Procedure, is
   4-56  amended to read as follows:
   4-57        (f)  Interpreters appointed under this Article are entitled
   4-58  to a reasonable fee determined by the court after considering the
   4-59  recommendations of the Texas <State> Commission for the Deaf and
   4-60  Hard of Hearing.  When travel of the interpreter is involved all
   4-61  the actual expenses of travel, lodging, and meals incurred by the
   4-62  interpreter pertaining to the case he is appointed to serve shall
   4-63  be paid at the same rate applicable to state employees.
   4-64        SECTION 15.  Sections 11.03(a) and (l), Education Code, are
   4-65  amended to read as follows:
   4-66        (a)  The Texas School for the Deaf is governed by a
   4-67  nine-member board appointed by the governor in accordance with this
   4-68  section and confirmed by the senate. A person may not serve
   4-69  simultaneously on the board and the Texas Commission for the Deaf
   4-70  and Hard of Hearing <Impaired>. The board, five of whom must be
    5-1  deaf, consists of:
    5-2              (1)  three persons who are deaf, one of whom must be an
    5-3  alumnus of the Texas School for the Deaf;
    5-4              (2)  three persons who are parents of a deaf person,
    5-5  one of whom must be deaf; and
    5-6              (3)  three persons who are experienced in working with
    5-7  deaf persons, one of whom must be deaf.
    5-8        (l)  The executive director of the Texas Commission for the
    5-9  Deaf and Hard of Hearing <Impaired> or his representative serves as
   5-10  a voting member of any policy and planning committee or task force
   5-11  of the Texas School for the Deaf.
   5-12        SECTION 16.  Sections 54.205(b) and (c), Education Code, are
   5-13  amended to read as follows:
   5-14        (b)  A deaf or blind person who is a resident is entitled to
   5-15  exemption from the payment of tuition fees at any institution of
   5-16  higher education utilizing public funds if he presents:
   5-17              (1)  certification that he is a "blind person" or a
   5-18  "deaf person" as defined in Subsection (a) of this section by the
   5-19  Texas Rehabilitation Commission, Texas Commission for the Blind, or
   5-20  Texas Commission for the Deaf and Hard of Hearing <Impaired>, as
   5-21  appropriate, in a written statement, which certification is
   5-22  considered conclusive;
   5-23              (2)  a written statement of purpose from the person
   5-24  that indicates the certificate or degree program to be pursued or
   5-25  the professional enhancement from the course of study for that
   5-26  certificate or degree program;
   5-27              (3)  a high school diploma or its equivalent;
   5-28              (4)  a letter of recommendation from the principal of
   5-29  the high school attended by the deaf or blind individual, a public
   5-30  official, or some other responsible person who knows the deaf or
   5-31  blind individual and is willing to serve as a reference; and
   5-32              (5)  proof that he meets all other entrance
   5-33  requirements of the institution.
   5-34        (c)  The governing board of an institution may establish
   5-35  special entrance requirements to fit the circumstances of deaf and
   5-36  blind persons.  The Texas Rehabilitation Commission, the Texas
   5-37  Commission for the Blind, the Texas Commission for the Deaf and
   5-38  Hard of Hearing <Impaired>, and the Texas Higher Education
   5-39  Coordinating Board may develop any rules and procedures that these
   5-40  agencies determine necessary for the efficient implementation of
   5-41  this section.
   5-42        SECTION 17.  Section 558.003(a), Government Code, is amended
   5-43  to read as follows:
   5-44        (a)  In a proceeding before the governing body of a political
   5-45  subdivision in which the legal rights, duties, or privileges of a
   5-46  party are to be determined by the governing body after an
   5-47  adjudicative hearing, the governing body shall supply for a party
   5-48  who is deaf or hearing impaired an interpreter who has
   5-49  qualifications approved by the Texas Commission for the Deaf and
   5-50  Hard of Hearing <Impaired>.
   5-51        SECTION 18.  Section 2001.055(a), Government Code, is amended
   5-52  to read as follows:
   5-53        (a)  In a contested case, a state agency shall provide an
   5-54  interpreter whose qualifications are approved by the Texas
   5-55  Commission for the Deaf and Hard of Hearing <Impaired> to interpret
   5-56  the proceedings for a party or subpoenaed witness who is deaf or
   5-57  hearing impaired.
   5-58        SECTION 19.  Section 22.011(a), Human Resources Code, is
   5-59  amended to read as follows:
   5-60        (a)  The department, the Texas Department of Health, the
   5-61  Texas Department of Mental Health and Mental Retardation, the Texas
   5-62  Rehabilitation Commission, the Texas Commission for the Blind, the
   5-63  Texas Commission for the Deaf and Hard of Hearing <Impaired>, and
   5-64  the Central Education Agency shall adopt a joint memorandum of
   5-65  understanding to facilitate the coordination of services to
   5-66  disabled persons.  The memorandum shall:
   5-67              (1)  clarify the financial and service responsibilities
   5-68  of each agency in relation to disabled persons; and
   5-69              (2)  address how the agency will share data relating to
   5-70  services delivered to disabled persons by each agency.
    6-1        SECTION 20.  Section 22.024, Human Resources Code, is amended
    6-2  to read as follows:
    6-3        Sec. 22.024.  Development of Service Plan for Elderly or
    6-4  Disabled.  If the Texas Department of Human Services, Texas
    6-5  Department of Mental Health and Mental Retardation, Texas
    6-6  Commission for the Deaf and Hard of Hearing <Impaired>, Texas
    6-7  Department on Aging, or another agency funded in the General
    6-8  Appropriations Act under appropriations for health, welfare, and
    6-9  rehabilitation agencies receives funds to provide case management
   6-10  services to the elderly or disabled, the agency shall provide
   6-11  information to its staff concerning the services other agencies
   6-12  provide to those populations.  The agency's staff shall use that
   6-13  information to develop a comprehensive service plan for its
   6-14  clients.
   6-15        SECTION 21.  Section 82.001(1), Human Resources Code, is
   6-16  amended to read as follows:
   6-17              (1)  "Qualified interpreter" means a person employed as
   6-18  an interpreter who holds a current certification issued by the
   6-19  Board for Evaluation of Interpreters, or another current
   6-20  certificate that the Texas Commission for the Deaf and Hard of
   6-21  Hearing determines is comparable or appropriate and approves.
   6-22        SECTION 22.  Section 115.002(c), Human Resources Code, is
   6-23  amended to read as follows:
   6-24        (c)  The ex officio members are:
   6-25              (1)  the chair of the Texas Employment Commission;
   6-26              (2)  the commissioner of the Texas Rehabilitation
   6-27  Commission;
   6-28              (3)  the executive director of the Texas Commission for
   6-29  the Blind;
   6-30              (4)  the executive director of the Texas Commission for
   6-31  the Deaf and Hard of Hearing; and
   6-32              (5)  other officials designated by the governor who
   6-33  serve with other state agencies that provide services to persons
   6-34  with disabilities.
   6-35        SECTION 23.  Section 36.015(b), Health and Safety Code, is
   6-36  amended to read as follows:
   6-37        (b)  The committee is composed of nine members.  The chief
   6-38  administrative officer of each of the following agencies shall
   6-39  appoint one member to the committee:
   6-40              (1)  Central Education Agency;
   6-41              (2)  Texas Commission for the Blind;
   6-42              (3)  Texas Commission for the Deaf and Hard of Hearing
   6-43  <Impaired>;
   6-44              (4)  Texas Department of Housing and Community Affairs;
   6-45              (5)  Texas Department of Health;
   6-46              (6)  Texas Department of Human Services;
   6-47              (7)  Texas Department of Mental Health and Mental
   6-48  Retardation;
   6-49              (8)  Texas School for the Blind and Visually Impaired;
   6-50  and
   6-51              (9)  Texas School for the Deaf.
   6-52        SECTION 24.  Section 85.017(b), Health and Safety Code, is
   6-53  amended to read as follows:
   6-54        (b)  The council consists of one representative from each of
   6-55  the following agencies appointed by the executive director or
   6-56  commissioner of each agency:
   6-57              (1)  the department;
   6-58              (2)  the Texas Department of Mental Health and Mental
   6-59  Retardation;
   6-60              (3)  the Texas Department of Human Services;
   6-61              (4)  the Texas Commission on Alcohol and Drug Abuse;
   6-62              (5)  the Texas Rehabilitation Commission;
   6-63              (6)  the Texas Youth Commission;
   6-64              (7)  the Texas Department of Criminal Justice;
   6-65              (8)  the Texas Juvenile Probation Commission;
   6-66              (9)  the Texas Commission for the Blind;
   6-67              (10)  the Texas Commission for the Deaf and Hard of
   6-68  Hearing <Impaired>;
   6-69              (11)  the Department of Protective and Regulatory
   6-70  Services;
    7-1              (12)  the Central Education Agency;
    7-2              (13)  the Texas State Board of Medical Examiners;
    7-3              (14)  the Board of Nurse Examiners;
    7-4              (15)  the Board of Vocational Nurse Examiners;
    7-5              (16)  the Texas State Board of Dental Examiners; and
    7-6              (17)  the Health and Human Services Commission.
    7-7        SECTION 25.  Section 85.113, Health and Safety Code, is
    7-8  amended to read as follows:
    7-9        Sec. 85.113.  Workplace Guidelines for State Contractors.  An
   7-10  entity that contracts with or is funded by any of the following
   7-11  state agencies to operate a program involving direct client contact
   7-12  shall adopt and implement workplace guidelines similar to the
   7-13  guidelines adopted by the agency that funds or contracts with the
   7-14  entity:
   7-15              (1)  the Texas Commission on Alcohol and Drug Abuse;
   7-16              (2)  the Texas Commission for the Blind;
   7-17              (3)  the Texas Commission for the Deaf and Hard of
   7-18  Hearing;
   7-19              (4)  the Texas Juvenile Probation Commission;
   7-20              (5)  the Texas Department of Criminal Justice;
   7-21              (6)  the Texas Youth Commission;
   7-22              (7)  the department;
   7-23              (8)  the Texas Department of Human Services;
   7-24              (9)  the Texas Department of Mental Health and Mental
   7-25  Retardation; and
   7-26              (10)  the Texas Rehabilitation Commission.
   7-27        SECTION 26.  Section 614.015, Health and Safety Code, is
   7-28  amended to read as follows:
   7-29        Sec. 614.015.  Continuity of Care for Physically Disabled,
   7-30  Terminally Ill, or Significantly Ill Offenders.  (a)  The Texas
   7-31  Department of Criminal Justice, the Texas Rehabilitation
   7-32  Commission, the Texas Commission for the Blind, the Texas
   7-33  Commission for the Deaf and Hard of Hearing <Impaired>, the Texas
   7-34  Department of Health, and the Texas Department of Human Services by
   7-35  rule shall adopt a memorandum of understanding that establishes
   7-36  their respective responsibilities to institute a continuity of care
   7-37  and service program for offenders in the criminal justice system
   7-38  who are physically disabled, terminally ill, or significantly ill.
   7-39  The council shall coordinate and monitor the development and
   7-40  implementation of the memorandum of understanding.
   7-41        (b)  The memorandum of understanding must establish methods
   7-42  for:
   7-43              (1)  identifying offenders in the criminal justice
   7-44  system who are physically disabled, terminally ill, or
   7-45  significantly ill;
   7-46              (2)  developing interagency rules, policies, and
   7-47  procedures for the coordination of care of and the exchange of
   7-48  information on offenders who are physically disabled, terminally
   7-49  ill, or significantly ill by local and state criminal justice
   7-50  agencies, the Texas Department of Criminal Justice, the Texas
   7-51  Rehabilitation Commission, the Texas Commission for the Blind, the
   7-52  Texas Commission for the Deaf and Hard of Hearing <Impaired>, the
   7-53  Texas Department of Health, and the Texas Department of Human
   7-54  Services; and
   7-55              (3)  identifying the services needed by offenders who
   7-56  are physically disabled, terminally ill, or significantly ill to
   7-57  reenter the community successfully.
   7-58        (c)  The Texas Department of Criminal Justice, the Texas
   7-59  Rehabilitation Commission, the Texas Commission for the Blind, the
   7-60  Texas Commission for the Deaf and Hard of Hearing <Impaired>, the
   7-61  Texas Department of Health, and the Texas Department of Human
   7-62  Services shall:
   7-63              (1)  operate, with funds appropriated for that purpose,
   7-64  the continuity of care and service program for offenders in the
   7-65  criminal justice system who are physically disabled, terminally
   7-66  ill, or significantly ill; and
   7-67              (2)  actively seek federal grants or funds to operate
   7-68  and expand the program.
   7-69        SECTION 27.  Section 504.017, Labor Code, is amended to read
   7-70  as follows:
    8-1        Sec. 504.017.  Federal and State Funded Transportation
    8-2  Entities.  An entity is eligible to participate under Section
    8-3  504.016; Chapter 1084, Acts of the 70th Legislature, Regular
    8-4  Session, 1987 (Article 715c, Vernon's Texas Civil Statutes); or
    8-5  Chapter 791, Government Code, if the entity provides transportation
    8-6  subsidized in whole or in part by and provided to clients of:
    8-7              (1)  the Texas Department on Aging;
    8-8              (2)  the Texas Commission on Alcohol and Drug Abuse;
    8-9              (3)  the Texas Commission for the Blind;
   8-10              (4)  the Texas Cancer Council;
   8-11              (5)  the Texas Commission for the Deaf and Hard of
   8-12  Hearing <Impaired>;
   8-13              (6)  the Texas Department of Housing and Community
   8-14  Affairs;
   8-15              (7)  the Texas Department of Human Services;
   8-16              (8)  the Texas Department of Mental Health and Mental
   8-17  Retardation;
   8-18              (9)  the Texas Rehabilitation Commission; or
   8-19              (10)  the Texas Youth Commission.
   8-20        SECTION 28.  The following provisions of the Human Resources
   8-21  Code are repealed:
   8-22              (1)  Section 81.006(h);
   8-23              (2)  Section 81.0061;
   8-24              (3)  Section 81.007(j); and
   8-25              (4)  Section 81.011.
   8-26        SECTION 29.  The name of the Texas Commission for the Deaf
   8-27  and Hearing Impaired is changed to the Texas Commission for the
   8-28  Deaf and Hard of Hearing.  Any reference in the law to the Texas
   8-29  Commission for the Deaf and Hearing Impaired means the Texas
   8-30  Commission for the Deaf and Hard of Hearing.
   8-31        SECTION 30.  (a)  Before using new stationery or other
   8-32  supplies printed with the commission's name as changed by this Act,
   8-33  the Texas Commission for the Deaf and Hearing Impaired shall use
   8-34  all stationery and other supplies that are printed with the
   8-35  commission's former name and that are in its possession on the
   8-36  effective date of this Act.
   8-37        (b)  An appropriation made to the Texas Commission for the
   8-38  Deaf and Hearing Impaired is available to the commission under its
   8-39  name as changed by this Act.
   8-40        SECTION 31.  This Act takes effect September 1, 1995.
   8-41        SECTION 32.  The importance of this legislation and the
   8-42  crowded condition of the calendars in both houses create an
   8-43  emergency and an imperative public necessity that the
   8-44  constitutional rule requiring bills to be read on three several
   8-45  days in each house be suspended, and this rule is hereby suspended.
   8-46                               * * * * *