CLC H.B. 2525 75(R)BILL ANALYSIS


HUMAN SERVICES
H.B. 2525
By: Naishtat
4-16-97
Committee Report (Substituted)



BACKGROUND

The Human Services Committee's interim charge on long-term care services
recommended that changes be made  to Title 8, Section 121, of the Human
Resources Code.  The current language regarding persons with disabilities
in Title 8 is considered to be outdated.  "Clean up" revisions are needed
in order to ensure that Title 8, Section 121, of the Human Resources Code
contains the currently accepted terminology. 

PURPOSE

This bill implements the committee's  recommendations for primarily "clean
up" modifications. This bill would amend Title 8, Section 121, of the
Human Resources Code to replace the term "handicapped" with "persons with
disabilities," in addition to other subsequent revisions.  The revisionary
language conforms with the terminology in the Americans with Disabilities
Act (ADA). 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. The heading of Title 8, Human Resources Code, is amended to
read as follows: 

 Title 8.Rights and Responsibilities of Persons with Disabilities.

SECTION  2.  Sec. 121.001, Human Resources Code, is amended to replace the
current language   with language that and is compatible with the ADA. 

SECTION  3.  Sec. 121.002, Human Resources Code, is amended to replace the
current language   with language that is compatible with the ADA. 

SECTION  4.  Sec. 121.003, Human Resources Code, is amended to replace the
current language   with language that is compatible with the ADA. 

SECTION  5.  Sec. 121.004, Human Resources Code, is amended to replace the
current language   with language that is compatible with the ADA. 

SECTION  6.  Sec. 121.005, Human Resources Code, is amended to replace the
current language   with language that is compatible with the ADA. 

SECTION  7.  Sec. 121.006, Human Resources Code, is amended to replace the
current language   with language that is compatible with the ADA. 

SECTION  8.  Sec. 121.007, Human Resources Code, is amended to replace the
current language   with language that is compatible with the ADA. 

 SECTION  9.  Sec. 121.008, Human Resources Code, is amended to replace
the current language   with language that is compatible with the ADA. 

SECTION 10.Sec. 121.009, Human Resources Code, is amended to replace the
current language with language that is compatible with the ADA. 

SECTION 11. Sec. 121.010, Human Resources Code, is amended to replace the
current language   with language that is compatible with the ADA. 

SECTION 12.Chapter 121, Human Resources Code, is amended by adding Section
121.011. This added section contains language that is compatible with the
ADA and reads as follows: 

Sec. 121.011.Accessibility of Examination or Courses Offered by Private
Entity. 

 (a)Requires a private entity that offers an examination or a course
related to applications, certification, credentials, or  licensing for
secondary or  postsecondary education, a profession, or a trade to make
related materials, facilities, and examination times equally accessible to
persons with disabilities.  

  (b)Allows entity described in subsection (a) to require persons with
disabilities to provide reasonable documentation of their disability, and
reasonable advance notice of any necessary modifications or aids.
Establishes guidelines for the persons with disabilities, and the entity
described in subsection (a) in relation to requests for modifications or
aids.  

SECTION 13.Establishes effective date of September 1, 1997.

SECTION 14.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 3.Sec. 121.002.  Definitions.  "Person with a disability".  

Contagious and noncontagious diseases are added to the list of conditions
included in this definition. 

 The word "other" from page 3, line 23, of the original is deleted.

SECTION 4. Sec. 121.003  Discrimination Prohibited.  

Paragraph 1, subsection (d),  "Architectural Barriers Act of 1968 (42
U.S.C. Section 4151 et seq.)"  is amended to read "Article 9102. Revised
Statutes."  

 Subsection (e), page 6, lines 3-7, the final sentence relating to lists
containing the names of persons who desire to use particular public
facilities is deleted. 

  Subsection (f) is deleted in its entirety.

  Subsection (i) is deleted in its entirety.

SECTION 6.Sec. 121.005.Responsibilities of Persons with Disabilities.

  Subsection (c) is stricken in its entirety. 

SECTION 7.Sec. 121.006.Penalties for Improper Use of Assistance Animals.
  
  Subsection (a), "A person who fits an animal with a harness..." is
amended to read    "A person who uses an assistance animal with a
harness...". 

  Subsection (a), "for purposes of travel or auditory awareness" is
deleted. 

Subsection (b), is amended to entitle the person or organization who
furnished the animal or other competent authorities  to maintain a cause
of action for seizure of the animal under Chapter 821, Subchapter B of the
Health and Safety Code.  The original states that the owner of the
assistance animal must surrender the animal on demand.