HBA-DMD H.B. 1401 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1401 By: Gray Human Services 3/15/1999 Introduced BACKGROUND AND PURPOSE The Texas Commission for the Deaf and Hard of Hearing (commission), created in 1971 as the Texas Commission for the Deaf, has the primary responsibility for ensuring communication access for the 1.7 million Texas citizens who are deaf or hard of hearing. The commission monitors contracts with the 23 Councils for the Deaf, which provide services in different locations around the state, purchases interpreter services, and regulates interpreters for the deaf. Additionally, the commission educates the public about the federal Americans with Disabilities Act's requirements to provide reasonable communication access to people who are deaf and hard of hearing. The commission is subject to the Texas Sunset Act and will be abolished on September 1, 1999, unless continued by the Legislature. H.B. 1401 continues the commission until September 1, 2007, and establishes provisions regarding eligibility for service on, and grounds for removal from, the commission. This bill establishes a training program for persons on the commission and requires the commission to annually adopt rules establishing a schedule of fees for interpreter services. H.B. 1401 authorizes the commission to waive prerequisites for obtaining a certificate if the applicant holds a certificate issued by another jurisdiction. This bill establishes procedures for renewing a certificate and requires the executive director of the commission or the executive director's designee to maintain an equal employment opportunity written policy statement. Additionally, this bill requires the commission to maintain a system for complaints. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Commission for the Deaf and Hard of Hearing in SECTIONS 6 and 12 (Sections 81.006 and 81.014, Human Resources Code) and that rulemaking authority previously delegated to the Texas Commission for the Deaf and Hard of Hearing is modified in SECTIONS 6 and 7 (Sections 81.006 and 81.007, Human Resources Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 81.002, Human Resources Code, by amending Subsections (d) and (e) and adding Subsection (g), as follows: (d) Prohibits a person from being a member of the Texas Commission for the Deaf and Hard of Hearing (commission) and from being employed by the commission in a "bona fide executive, administrative, or professional capacity," since that phrase is used for the purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if the person or the person's spouse is an officer, employee, or paid consultant of a Texas trade association in the field of services for people who are deaf or hard of hearing. Deletes the existing prohibition barring specified persons from being members or employees of the commission. (e) Makes nonsubstantive changes. (g) Defines "Texas trade association." SECTION 2. Amends Section 81.0021(c), Human Resources Code, to require the chairman of the commission to notify the attorney general when a potential ground for removal exists. Requires the executive director, when a potential ground for removal involves the chairman, to notify the next highest ranking officer of the commission, who is required to notify the governor and attorney general of the potential ground for removal. SECTION 3. Amends Chapter 81, Human Resources Code, by adding Section 81.0022, as follows: Sec. 81.0022. TRAINING. (a) Prohibits a person who is appointed to and qualifies for office as a member of the commission from voting, deliberating, or being counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section. (b) Provides that the training program must provide the person with information regarding: (1) the legislation that created the commission; (2) the programs operated by the commission; (3) the role and functions of the commission; (4) the rules of the commission with an emphasis on the rules that relate to disciplinary and investigatory authority; (5) the current budget for the commission; (6) the results of the most recent formal audit of the commission; (7) the requirements of Chapters 551 (Open Meetings), 552 (Public Information), 2001 (Administrative Procedure), Government Code, and other laws relating to public officials, including conflict-of-interest laws; and (8) any applicable ethics policies adopted by the commission or the Texas Ethics Commission. (c) Entitles a person who is appointed to the commission to travel expense reimbursement, as provided by the General Appropriations Act, for expenses incurred by attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. SECTION 4. Amends Section 81.004, Human Resources Code, to establish that the commission expires on September 1, 2007, rather than 1999. SECTION 5. Amends Section 81.005(b), Human Resources Code, to delete the requirement that the commission receive public comment during at least one of the commission's six meetings per year. SECTION 6. Amends Section 81.006, Human Resources Code, to require the commission to adopt annually, by rule, a schedule of fees, payable by the commission for interpreter services with graduated fee amounts, that reflects the skill level of the interpreter and applies only when the commission determines that there is not sufficient competition among interpretation services within a particular service region to provide interpretation services at a fair market price. Deletes text referring to the commission's requirement to adopt, by rule, a schedule of maximum allowable hourly fees to be paid to interpreters with varied levels of skill by a state agency, court, or a political subdivision of the state. Authorizes the commission to develop guidelines for trilingual interpretation services and provide training programs for persons who provide trilingual interpretation services. Deletes the commission's requirement to provide to its members and employees information regarding their qualifications and responsibilities under applicable laws relating to standards of conduct for state officers or employees. Redesignates Subsections (f) and (g) to (e) and (f) respectively. Makes conforming changes. SECTION 7. Amends Section 81.007, Human Resources Code, by amending Subsections (f) and (g) and adding Subsection (l), as follows: (f) Authorizes the commission to waive prerequisites for obtaining a certificate provided that the applicant holds a certificate issued by another jurisdiction, rather than from another state, that has equivalent requirements to those of this state. Authorizes the commission to waive prerequisites for obtaining a certificate for an applicant who holds a certificate from another jurisdiction which has a reciprocity agreement with this state. Authorizes the commission to make an agreement with another state to allow for certification by reciprocity, subject to the governor's approval. Makes a nonsubstantive change. (g) Modifies existing rulemaking authority by requiring the commission, in the year that the certificate expiration date is changed, to prorate certificate fees so that the applicant pays for only the time period that the certificate was valid. Provides that the total certificate renewal fee is payable upon renewal of the certificate on the new expiration date. (l) Requires the commission to recognize, prepare, or administer continuing education programs for its certificate holders. Provides that a certificate holder must participate in the programs as required by the commission to keep the person's certificate. SECTION 8. Amends Section 81.0071, Human Resources Code, by amending Subsection (a) and adding Subsection (c), to authorize the commission to require that a testing service notify a person of the results of the person's examination. Makes a nonsubstantive change. SECTION 9. Amends Chapter 81, Human Resources Code, by adding Section 81.0073, as follows: Sec. 81.0073. CERTIFICATE RENEWAL. (a) Authorizes a person who is eligible to renew a certificate to renew an unexpired certificate by paying the required renewal fee to the commission before the expiration date of the certificate. Prohibits a person from engaging in activities that require a certificate if the person's certificate has expired, until the certificate has been renewed. (b) Authorizes a person who has not renewed the certificate after the certificate has been expired for no more than 90 days to pay to the commission a renewal fee one and a half times the normally required renewal fee in order to renew the certificate. (c) Authorizes a person who has not renewed the certificate after the certificate has been expired for more than 90 days but less than one year to pay to the commission a renewal fee two times the normally required renewal fee in order to renew the certificate. (d) Prohibits a person whose certificate has been expired for one year or more from renewing the certificate. Authorizes the person to obtain a new certificate by complying with the requirements and procedures, including the examination requirements, for obtaining an original certificate. (e) Authorizes a person to obtain a new certificate without reexamination, if the person was certified in this state, and then moved to another state where the person is currently certified and has been practicing for the two years preceding the date of application. Provides that the person must pay to the commission a fee two times the normally required renewal fee for the certificate. (f) Requires the commission to send written notice of the impending expiration to the person, no later than 30 days before the date a person's certificate is scheduled to expire, at the person's last known address according to the records of the commission. SECTION 10. Amends Chapter 81, Human Resources Code, by adding Section 81.0074, as follows: (a) Authorizes the commission to issue a provisional certificate to an applicant seeking a certificate in this state and who is currently certified in another jurisdiction and who: (1) has been certified as an instructor in good standing for at least two years in another jurisdiction including a foreign country, that has certification requirements substantially equivalent to the requirements of this chapter; (2) has passed a national or other examination recognized by the commission relating to the practice of interpretation for people who are deaf or hard of hearing; and (3) is sponsored by and will practice with a person certified by the commission under this chapter. (b) Authorizes the commission to waive the requirement of Subsection (a)(3) for an applicant provided that the commission determines that compliance with that subsection would be a hardship to the applicant. (c) Sets forth that a provisional certificate is valid until the date the commission either approves or denies the provisional certificate holder's application for a certificate. Requires the commission to issue a certificate to the provisional certificate holder provided that: (1) the provisional certificate holder is eligible to be certified under Section 81.007(f); or (2) the provisional certificate holder passes the part of the examination that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of interpretation for people who are deaf or hard of hearing in this state, and: (A) the commission verifies that the provisional certificate holder meets the academic and experience requirements for a certificate; and (B) the provisional certificate holder satisfies any other certification requirements under this chapter. (d) Provides that the commission must approve or deny a provisional certificate holder's application for a certificate no later than 180 days after the date the provisional certificate is issued unless the results of an examination have not been received by the commission before the end of that period, in which case the commission is authorized to extend the 180-day period. (e) Authorizes the commission to establish a fee for provisional certificates in an amount reasonable and necessary to cover the cost of issuing the certificate. SECTION 11. Amends Section 81.008, Human Resources Code, by amending Subsection (d) and adding Subsections (e) and (f), as follows: (d) Requires the executive director or the executive director's designee to prepare and maintain a written policy statement, rather than plan, in order to assure implementation of a program of equal employment opportunity. Provides that the policy statement must include personnel policies relating to recruitment, evaluation, selection, training, and promotion of personnel that show the intent of the commission to avoid the unlawful employment practices described by Chapter 21 (Employment Discrimination), Labor Code ; and an analysis that shows the extent to which the commission complied with state and federal law with regard to the commission's personnel composition along with the methods the commission utilized to achieve compliance. Deletes Subdivision (3) requiring the plan to include procedures that can be used to explain the commission's lack of balance in the workforce along with reasonable steps that the commission may employ to overcome any identified utilization. Deletes Subdivision (4) requiring the plan to include objectives and goals with timetables to achieve them and a program for reviewing and maintaining these goals and objectives. Makes conforming and nonsubstantive changes. (e) Provides that the policy statement must be updated annually, be reviewed by the state Commission on Human Rights for compliance with Subsection (d), and be filed with the governor's office. (f) Requires the executive director or the executive director's designee to provide to members of the commission and to commission employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees. SECTION 12. Amends Section 81.014, Human Resources Code, by amending Subsections (c) and (d) and adding Subsections (e) and (f), as follows: (c) Requires the commission to notify the person who is filing the complaint and each person who is a subject of the complaint, rather than parties to the complaint, concerning the status of the investigation unless the notice would jeopardize an undercover investigation. Makes nonsubstantive changes. (d) Requires the commission to maintain a file on each written complaint filed with the commission, that must include the name of the person who filed the complaint, the date the complaint is received by the commission, the subject matter of the complaint, the name of each person contacted in relation to the complaint, a summary of the results of the review or investigation of the complaint, and an explanation of the reason the file was closed provided that the commission closed the file without taking action other than to investigate the complaint. (e) Requires the commission to provide to the person who is filing the complaint and to each person who is subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution. (f) Requires the commission to adopt rules in order to establish reasonable time limits for the resolution of complaints. SECTION 13.Makes application of this Act prospective to members of the commission appointed on or after the effective date. SECTION 14.Effective date: September 1, 1999. SECTION 15.Emergency clause.