SRC-AXB H.B. 1400 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1400
By: Gray (Zaffirini)
Health Services
4/23/1999
Engrossed


DIGEST 

The Texas Commission for the Blind (commission) was created in 1931, and
provides services to individuals with visual impairments to ensure their
active and independent participation in society. As a result of its review
of the commission, the Sunset Advisory Commission recommended continuation
of the commission and several statutory modifications. 

PURPOSE

As proposed, H.B. 1400 updates terminology, sets forth provisions for
obtaining criminal history records, and extends the existence of the Texas
Commission for the Blind until September 1, 2011. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Commission for the Blind in
SECTION 4 (Section 91.016(e), Human Resources Code), SECTION 5 (Section
91.0165(b), Human Resources Code), SECTION 8 (Sections 91.022(a),
91.028(b), and 91.029(a) and (b) Human Resources Code), of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 91.001, 91.002, and 91.011, Human Resources
Code, to continue the Texas Commission for the Blind (commission) until
September 1, 2007, and to define "child with visual impairments" and
"visually impaired."  Requires commission, rather than board, appointments
to be made without regard to disability, rather than handicap.  Requires
five, rather than two, members to be visually impaired residents, rather
than citizens.  Requires one member to have a certain relationship with a
blind or visually impaired Texan, and requires three members to be members
of the general public.  Sets forth standard sunset language regarding
commission membership.  Deletes text regarding a visually handicapped child
and prohibitions against a commission membership.  Makes conforming and
nonsubstantive changes. 

SECTION 2.  Amends Section 91.012(a), Human Resources Code, to delete text
regarding an annual appointment. 

SECTION 3.  Amends Section 91.015(c), Human Resources Code, to set forth
standard sunset commission language regarding officers, directors, and
grounds for removal. 

SECTION 4.  Amends Section 91.016, Human Resources Code, by amending
Subsections (c) and (d) and adding Subsection (e), to set forth standard
sunset language and grant rulemaking authority to the commission. 

SECTION 5.  Amends Chapter 91B, Human Resources Code, by amending Sections
91.017 and 91.018 and adding Section 91.0165, as follows: 

Sec.  91.0165.  CRIMINAL HISTORY RECORD INFORMATION.  Authorizes the
commission to obtain certain information relating to an applicant for
commission employment.  Requires the commission, by rule, to establish
criteria for denying employment based on a criminal history check. 

 Sec.  91.017.  EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.  Sets forth
standard sunset language regarding equal opportunity employment.  Deletes
text regarding a plan's requirements.   

Sec.  91.018.  RELATIONS WITH PUBLIC.  Sets forth provisions regarding
required written complaint filing procedures.  Makes conforming changes. 

SECTION 6.  Amends Section 91.019, Human Resources Code, as follows:

Sec.  91.019.  New heading:  REPORT; POSTING OF REPORT AND PERFORMANCE
DATA.  Requires the commission to post certain information on the Internet,
unless it is confidential. 

SECTION 7.  Amends Chapter 91B, Human Resources Code, by adding Section
91.020, as follows: 

Sec.  91.020.  TRAINING OF COMMISSION MEMBERS.  Sets forth standard sunset
language regarding education requirements and the training program.
Entitles a commission member to reimbursement for travel expenses. 

SECTION 8.  Amends Chapter 91C, Human Resources Code, by amending Section
91.028 and adding Sections 91.022, 91.029, 91.031, and 91.032, as follows: 

Sec.  91.022.  SERVICE DELIVERY.  Requires the commission, by rule, to
establish service delivery guidelines.  Sets forth requirements for the
rules.  Requires the commission to establish written procedures to evaluate
services. 

Sec.  91.028.  New heading:  SERVICES FOR CHILDREN WITH VISUAL IMPAIRMENTS.
Requires the commission, by rule, to establish and verify Medicaid
eligibility by a certain deadline.  Requires a commission employee to take
certain actions in the process of verifying Medicaid eligibility.
Prohibits certain actions regarding information of an applicant or
recipient of children's program services.  Limits the use of certain
information to include only purposes directly connected with certain
matters.  Makes conforming changes. 

Sec.  91.029.  RATES FOR MEDICAL SERVICES.  Requires the commission, by
rule, to adopt rules governing the determination of rates and a schedule of
rates.   

Sec.  91.031.  CONTRACTS FOR SERVICE.  Requires the commission to include
certain provisions in its contracts with service providers.  Requires the
commission to monitor a service provider's performance. 

Sec.  91.032.  CONTRACTS FOR ADAPTIVE TECHNOLOGY.  Requires the commission
to include provisions in certain contracts which require training to be
provided for clients receiving adaptive technology equipment. 

SECTION 9.  Amends Chapter 94, Human Resources Code, by adding Section
94.016, as follows: 

Sec.  94.016.  BUSINESS ENTERPRISES PROGRAM.  Authorizes the commission to
administer the Business Enterprises Program, a retirement program, and a
trust fund.  Sets forth funding provisions for the Business Enterprises
Program trust fund.  Requires all expenditures authorized by the
Randolph-Sheppard Act from federal vending revenue funds to be paid from
the Business Enterprises trust fund. 

SECTION 10.  Amends Chapter 411F, Government Code, by adding Section
411.0985, as follows: 

Sec.  411.0985.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEXAS
COMMISSION FOR THE BLIND.  Entitles the commission to obtain certain
information regarding a potential employee.  Limits the use of certain
information.  Prohibits the commission from releasing certain information.
Requires the commission to destroy certain  information after a certain
deadline. 

SECTION 11.  Makes application of this Act prospective.

SECTION 12.  Effective date:  September 1, 1999.

SECTION 13.  Emergency clause.