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 The current language regarding persons with disabilities in Title 8 is considered to be outdated.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.