By Gray H.B. No. 1400
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Commission
1-3 for the Blind.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 91.001, 91.002, and 91.011, Human
1-6 Resources Code, are amended to read as follows:
1-7 Sec. 91.001. SUNSET PROVISION. The Texas Commission for the
1-8 Blind is subject to Chapter 325, Government Code (Texas Sunset
1-9 Act). Unless continued in existence as provided by that chapter,
1-10 the commission is abolished and this chapter expires effective
1-11 September 1, 2011 [1999].
1-12 Sec. 91.002. DEFINITIONS. In this chapter:
1-13 (1) "Commission" means the Texas Commission for the
1-14 Blind.
1-15 (2) "Blind" means a person having not more than 20/200
1-16 visual acuity in the better eye with correcting lenses or visual
1-17 acuity greater than 20/200 but with a limitation in the field of
1-18 vision such that the widest diameter of the visual field subtends
1-19 an angle no greater than 20 degrees.
1-20 (3) "Child with visual impairments" means a child who
1-21 is blind or visually impaired or who has a visual condition that
1-22 requires treatment, psychological assistance counseling, or other
1-23 assistance that the commission can provide.
1-24 (4) "Visual handicap" includes blindness, an eye
2-1 condition for which there is a medical prognosis indicating that
2-2 the condition is of a progressive nature and may deteriorate either
2-3 to blindness or to a substantial loss of vision, and physical or
2-4 psychological handicaps that accompany or complement a disorder or
2-5 imperfection of the eye.
2-6 [(4) "Visually handicapped child" means a child with a
2-7 visual handicap or with a visual condition requiring cosmetic
2-8 treatment, psychological assistance, counseling, or other
2-9 assistance that the commission can render.]
2-10 (5) "Visually impaired" means a visual acuity of not
2-11 more than 20/70 in the better eye with correcting lenses, or visual
2-12 acuity greater than 20/70 but with a limitation in the field of
2-13 vision such that the widest diameter of the visual field subtends
2-14 an angle no greater than 30 degrees.
2-15 Sec. 91.011. TEXAS COMMISSION FOR THE BLIND. (a) The Texas
2-16 Commission for the Blind is composed of nine members appointed by
2-17 the governor with the consent of the senate. Except as provided by
2-18 this subsection, appointments to the commission [board] shall be
2-19 made without regard to the race, color, disability [handicap], sex,
2-20 religion, age, or national origin of the appointees. Five [Two]
2-21 members must be blind or visually impaired residents [citizens] of
2-22 the state, one member must be a family member, relative, or
2-23 guardian of a blind or visually impaired resident of the state, and
2-24 three [the remaining] members must be members of the general
2-25 public. A person is not eligible for appointment as a public
2-26 member if the person or the person's spouse:
2-27 (1) is employed by or participates in the management
3-1 of a business entity or other organization regulated by the
3-2 commission or receiving funds from the commission;
3-3 (2) owns, controls, or has, directly or indirectly,
3-4 more than a 10 percent interest in a business entity or other
3-5 organization regulated by the commission or receiving funds from
3-6 the commission; or
3-7 (3) uses or receives a substantial amount of tangible
3-8 goods, services, or funds from the commission.
3-9 (b) A person may not be a member of the commission and may
3-10 not be a commission employee in a "bona fide executive,
3-11 administrative, or professional capacity," as that phrase is used
3-12 for purposes of establishing an exemption to the overtime
3-13 provisions of the federal Fair Labor Standards Act of 1938 (29
3-14 U.S.C. Section 201 et seq.) and its subsequent amendments if:
3-15 (1) the person is an officer, employee, or paid
3-16 consultant of a Texas trade association in the field of service
3-17 provision to persons who are blind or visually impaired or a field
3-18 that otherwise relates to persons who are blind or visually
3-19 impaired; or
3-20 (2) the person's spouse is an officer, manager, or
3-21 paid consultant of a Texas trade association in the field of
3-22 service provision to persons who are blind or visually impaired or
3-23 a field that otherwise relates to persons who are blind or visually
3-24 impaired.
3-25 In this subsection "Texas trade association" means a
3-26 cooperative and voluntarily joined association of business or
3-27 professional competitors in this state designed to assist its
4-1 members and its industry or profession in dealing with mutual
4-2 business or professional problems and in promoting their common
4-3 interest. [An officer, employee, or paid consultant of an
4-4 association that has as its primary interest the provision of
4-5 services to, or other matters relating to, the blind may not be a
4-6 member or employee of the commission, nor may a person who cohabits
4-7 with or is the spouse of an officer, managerial employee, or paid
4-8 consultant of such an association be a member of the commission or
4-9 an employee of the commission grade 17 or over, including exempt
4-10 employees, according to the position classification schedule under
4-11 the General Appropriations Act.]
4-12 (c) A person may not be a member of the commission or act as
4-13 the general counsel to the commission if the person [who] is
4-14 required to register as a lobbyist under Chapter 305, Government
4-15 Code, because [by virtue] of the person's [his] activities for
4-16 compensation on behalf of a profession related to the operation of
4-17 the commission [provider of services to the blind, may not serve as
4-18 a member of the commission or act as the general counsel to the
4-19 commission].
4-20 (d) [(c)] Members of the commission hold office for terms of
4-21 six years with the terms of three members expiring on February 1 of
4-22 odd-numbered years.
4-23 (e) [(d)] Commission members and consumer advisory committee
4-24 members are entitled to a per diem, set by the General
4-25 Appropriations Act, for each day of attendance at an official
4-26 meeting as authorized by the commission. Commission members are
4-27 entitled to reimbursement for necessary expenses of travel on
5-1 official business. Consumer advisory committee members are
5-2 entitled to reimbursement for travel expenses in the same manner as
5-3 state employees. A commission member or consumer advisory
5-4 committee member who is disabled and, because of the disability,
5-5 requires special aids or a travel attendant in order to attend an
5-6 official meeting is entitled to reimbursement for the cost of the
5-7 special aids or attendant in accordance with rules set by the
5-8 commission.
5-9 (f) [(e)] The governor shall designate a member of the
5-10 commission to serve as presiding officer, and the officer shall
5-11 serve at the governor's pleasure.
5-12 (g) [(f)] Five members of the commission constitute a quorum
5-13 for the transaction of business.
5-14 (h) [(g)] The commission shall adopt rules prescribing the
5-15 policies and procedures followed by the commission in the
5-16 administration of its programs.
5-17 SECTION 2. Section 91.012(a), Human Resources Code, is
5-18 amended to read as follows:
5-19 (a) The commission shall [annually] appoint an executive
5-20 director with the approval of the governor.
5-21 SECTION 3. Section 91.015(c), Human Resources Code, is
5-22 amended to read as follows:
5-23 (c) If the executive director [agency head] has knowledge
5-24 that a potential ground for removal exists, the executive director
5-25 [he] shall notify the presiding officer [chairman] of the
5-26 commission of the potential [such] ground. The presiding officer
5-27 [chairman of the commission] shall then notify the governor and the
6-1 attorney general that a potential ground for removal exists. If
6-2 the potential ground for removal involves the presiding officer,
6-3 the executive director shall notify the next highest ranking
6-4 officer of the commission, who shall then notify the governor and
6-5 the attorney general that a potential ground for removal exists.
6-6 SECTION 4. Section 91.016, Human Resources Code, is amended
6-7 by amending Subsections (c) and (d) and adding Subsection (e) to
6-8 read as follows:
6-9 (c) The executive director or the executive director's
6-10 designee [commission] shall provide to [its] members and employees
6-11 of the commission as often as is necessary information regarding
6-12 their qualifications under this title and their responsibilities
6-13 under applicable laws relating to standards of conduct for state
6-14 officers or employees.
6-15 (d) The commission shall develop and implement policies
6-16 which clearly separate the policymaking [respective]
6-17 responsibilities of the commission [governing body of the agency]
6-18 and the management responsibilities of the executive director and
6-19 the staff of the commission [agency].
6-20 (e) The commission by rule may develop and implement
6-21 policies allowing shift differentials to be paid to employees in
6-22 the vocational rehabilitation program.
6-23 SECTION 5. Subchapter B, Chapter 91, Human Resources Code,
6-24 is amended by amending Sections 91.017 and 91.018 and adding
6-25 Section 91.0165 to read as follows:
6-26 Sec. 91.0165. CRIMINAL HISTORY RECORD INFORMATION. (a) The
6-27 commission may obtain from any law enforcement or criminal justice
7-1 agency the criminal history record information that relates to a
7-2 person applying to become an employee of the commission.
7-3 (b) The commission by rule shall establish criteria for
7-4 denying a person's employment application based on the results of a
7-5 criminal history check.
7-6 Sec. 91.017. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
7-7 (a) The executive director or the executive director's [his or
7-8 her] designee shall prepare and maintain a written policy statement
7-9 [plan] to ensure that [assure implementation of a program of equal
7-10 employment opportunity whereby] all personnel transactions are made
7-11 without regard to race, color, disability [handicap], sex,
7-12 religion, age, or national origin. The policy statement must [plan
7-13 shall] include:
7-14 (1) personnel policies, including policies relating to
7-15 recruitment, evaluation, selection, training, and promotion of
7-16 personnel, that show the intent of the commission to avoid the
7-17 unlawful employment practices described by Chapter 21, Labor Code;
7-18 and
7-19 (2) an analysis of the extent to which the composition
7-20 of the commission's personnel is in accordance with state and
7-21 federal law and a description of reasonable methods to achieve
7-22 compliance with state and federal law [a comprehensive analysis
7-23 which meets federal and state guidelines of all the commission's
7-24 work force by race, sex, ethnic origin, class of position, and
7-25 salary or wages;]
7-26 [(2) plans for recruitment, evaluation, selection,
7-27 appointment, training, promotion, and other personnel policies;]
8-1 [(3) procedures by which a determination can be made
8-2 of significant underutilization in the agency work force of all
8-3 persons for whom federal and state guidelines encourage a more
8-4 equitable balance and steps reasonably designed to overcome any
8-5 identified underutilization; and]
8-6 [(4) objectives and goals, with appropriate timetables
8-7 for the achievement of the objectives and goals, assignments of
8-8 responsibility for their achievement, and an appropriate program
8-9 for reviewing and maintaining these goals and objectives once
8-10 achieved].
8-11 (b) The policy statement must:
8-12 (1) be updated annually;
8-13 (2) be reviewed by the state Commission on Human
8-14 Rights for compliance with Subsection (a)(1); and
8-15 (3) be filed with the governor's office.
8-16 Sec. 91.018. RELATIONS WITH PUBLIC. (a) The commission
8-17 shall prepare information of public interest describing the
8-18 functions of the commission and describing the commission's
8-19 procedures by which complaints are filed with and resolved by the
8-20 commission. The commission shall make the information available to
8-21 the general public and appropriate state agencies.
8-22 (b) The commission shall promulgate rules establishing
8-23 methods by which consumers or service recipients can be notified of
8-24 the name, mailing address, and telephone number of the commission
8-25 for the purpose of directing complaints to the commission. The
8-26 commission may provide for the notification through inclusion of
8-27 the information:
9-1 (1) on each registration form, application, or written
9-2 contract for services of a person or entity regulated or authorized
9-3 by this title;
9-4 (2) on a sign that is prominently displayed in the
9-5 place of business of each person or entity regulated or authorized
9-6 by this title; or
9-7 (3) in a bill for service provided by a person or
9-8 entity regulated or authorized by this title.
9-9 (c) Except as required by federal regulations for resolving
9-10 complaints received from people who are receiving service from the
9-11 commission, the [The] commission shall maintain a [keep an
9-12 information] file on [about] each written complaint filed with the
9-13 commission. The file must include:
9-14 (1) the name of the person who filed the complaint;
9-15 (2) the date the complaint is received by the
9-16 commission;
9-17 (3) the subject matter of the complaint;
9-18 (4) the name of each person contacted in relation to
9-19 the complaint;
9-20 (5) a summary of the results of the review or
9-21 investigation of the complaint; and
9-22 (6) an explanation of the reason the file was closed
9-23 if the agency closed the file without taking action other than to
9-24 investigate the complaint [relating to a licensee or entity
9-25 regulated by the commission].
9-26 (d) The [If a written complaint is filed with the commission
9-27 relating to a licensee or entity regulated by the commission, the]
10-1 commission, at least [as frequently as] quarterly [and] until final
10-2 disposition of the complaint, shall notify the person filing the
10-3 complaint and each person who is a subject of [parties to] the
10-4 complaint of the status of the complaint unless the notice would
10-5 jeopardize an undercover investigation.
10-6 (e) The commission shall provide to the person filing the
10-7 complaint and to each person who is a subject of the complaint a
10-8 copy of the commission's policies and procedures relating to
10-9 complaint investigation and resolution.
10-10 (f) The commission shall develop and implement policies that
10-11 will provide the public with a reasonable opportunity to appear
10-12 before the commission and to speak on any issue under the
10-13 jurisdiction of the commission.
10-14 (g) [(f)] The commission shall establish a consumer advisory
10-15 committee and adopt rules relating to the committee's size,
10-16 geographical representation, meetings, duties, and reporting
10-17 requirements.
10-18 SECTION 6. Section 91.019, Human Resources Code, is amended
10-19 to read as follows:
10-20 Sec. 91.019. REPORT; POSTING OF REPORT AND PERFORMANCE DATA.
10-21 (a) The commission shall file annually with the governor and the
10-22 presiding officer of each house of the legislature a complete and
10-23 detailed written report accounting for all funds received and
10-24 disbursed by the commission during the preceding year. The form of
10-25 the annual report and the reporting time shall be that provided in
10-26 the General Appropriations Act.
10-27 (b) The commission shall post on the Internet in an
11-1 accessible format the report required under this section and any
11-2 other agency performance data required to be reported to this state
11-3 or the federal government. If a report or performance data contain
11-4 confidential information, the commission shall remove the
11-5 confidential information before posting the report or performance
11-6 data.
11-7 SECTION 7. Subchapter B, Chapter 91, Human Resources Code,
11-8 is amended by adding Section 91.020 to read as follows:
11-9 Sec. 91.020. TRAINING OF COMMISSION MEMBERS. (a) A person
11-10 who is appointed to and qualifies for office as a member of the
11-11 commission may not vote, deliberate, or be counted as a member in
11-12 attendance at a meeting of the commission until the person
11-13 completes a training program that complies with this section.
11-14 (b) The training program must provide the person with
11-15 information regarding:
11-16 (1) the legislation that created the commission;
11-17 (2) the programs operated by the commission;
11-18 (3) the role and functions of the commission;
11-19 (4) the rules of the commission with an emphasis on
11-20 the rules that relate to disciplinary and investigatory authority;
11-21 (5) the current budget for the commission;
11-22 (6) the results of the most recent formal audit of the
11-23 commission;
11-24 (7) the requirements of:
11-25 (A) the open meetings law, Chapter 551,
11-26 Government Code;
11-27 (B) the public information law, Chapter 552,
12-1 Government Code;
12-2 (C) the administrative procedure law, Chapter
12-3 2001, Government Code; and
12-4 (D) other laws relating to public officials,
12-5 including conflict of interest laws; and
12-6 (8) any applicable ethics policies adopted by the
12-7 commission or the Texas Ethics Commission.
12-8 (c) A person appointed to the commission is entitled to
12-9 reimbursement, as provided by the General Appropriations Act, for
12-10 the travel expenses incurred in attending the training program
12-11 regardless of whether the attendance at the program occurs before
12-12 or after the person qualifies for office.
12-13 SECTION 8. Subchapter C, Chapter 91, Human Resources Code,
12-14 is amended by amending Section 91.028 and adding Sections 91.022,
12-15 91.029, 91.031, and 91.032 to read as follows:
12-16 Sec. 91.022. SERVICE DELIVERY. (a) The commission shall
12-17 establish and maintain, by rule, guidelines for the delivery of
12-18 services by the commission. The guidelines must be consistent with
12-19 state and federal law and regulations and must include rules
12-20 relating to:
12-21 (1) oversight and monitoring of service delivery;
12-22 (2) guidance to counselors on service delivery
12-23 procedures;
12-24 (3) case management benchmarks establishing reasonable
12-25 time frames for service delivery; and
12-26 (4) financial planning information for the commission.
12-27 (b) The commission shall establish written procedures
13-1 relating to the evaluation of services delivered by the commission
13-2 to provide guidance to counselors and commission employees. These
13-3 procedures must include methods to evaluate:
13-4 (1) client progress;
13-5 (2) service delivery effectiveness; and
13-6 (3) counselor performance.
13-7 Sec. 91.028. SERVICES FOR [VISUALLY HANDICAPPED] CHILDREN
13-8 WITH VISUAL IMPAIRMENTS. (a) The commission may provide services
13-9 to [visually handicapped] children with visual impairments to
13-10 supplement the services provided by other state agencies if the
13-11 commission determines that the provision of the services is
13-12 appropriate and that the services will assist the children in
13-13 achieving financial self-sufficiency and a fuller and richer life.
13-14 It is the intention of the legislature that all state agencies
13-15 concerned with [visually handicapped] children with visual
13-16 impairments cooperate fully to achieve this purpose.
13-17 (b) The commission shall establish, by rule, the income
13-18 level at which the Medicaid eligibility of a client applying for
13-19 services under Subsection (a) shall be verified.
13-20 (c) The commission shall verify the Medicaid eligibility of
13-21 a client applying for services under Subsection (a) whose income
13-22 level is equal to or less than the income level established by the
13-23 commission under Subsection (b).
13-24 (d) The commission shall verify the Medicaid eligibility of
13-25 a client who is required by the commission to apply for Medicaid
13-26 not later than the 90th day after the date the application for
13-27 services from the commission is made.
14-1 (e) In verifying Medicaid eligibility, an employee of the
14-2 commission shall:
14-3 (1) examine appropriate state or private Medicaid
14-4 eligibility databases; and
14-5 (2) record on each client's application for services
14-6 whether Medicaid eligibility was verified, the source of the
14-7 verification, and the date of the verification.
14-8 (f) Except as provided by Subsection (g), a person may not
14-9 solicit, disclose, receive, use, or knowingly permit the use of
14-10 records or other information concerning an applicant for or
14-11 recipient of children's program services that is directly or
14-12 indirectly acquired by an officer or employee of the state or its
14-13 political subdivisions in the course of the officer's or employee's
14-14 official duties.
14-15 (g) A person may use the information provided under
14-16 Subsection (f) in accordance with commission rules, only for
14-17 purposes directly connected with the administration of the
14-18 children's program and for the investigation of a complaint filed
14-19 against an agency, employee, or contracted provider of services.
14-20 Sec. 91.029. RATES FOR MEDICAL SERVICES. (a) The
14-21 commission shall adopt rules and standards governing the
14-22 determination of rates the commission will pay for medical services
14-23 provided under this chapter. The rules and standards must include
14-24 a schedule for periodic reevaluation of the rates.
14-25 (b) The commission shall adopt rules establishing a schedule
14-26 of rates based on the rules and standards adopted under Subsection
14-27 (a). In adopting the rate schedule, the commission shall:
15-1 (1) compare the proposed rate schedule to other
15-2 cost-based rates for medical services, including Medicaid and
15-3 Medicare rates; and
15-4 (2) document the reason that any rate exceeds the
15-5 Medicaid or Medicare rate for the same service.
15-6 Sec. 91.031. CONTRACTS FOR SERVICE. (a) The commission
15-7 shall include in its contracts with service providers provisions
15-8 relating to:
15-9 (1) clearly defined and measurable program performance
15-10 standards that directly relate to the service provided;
15-11 (2) clearly defined penalties for nonperformance of a
15-12 contract term; and
15-13 (3) clearly specified accounting, reporting, and
15-14 auditing requirements applicable to money received under the
15-15 contract.
15-16 (b) The commission shall monitor a service provider's
15-17 performance under a contract for service. In monitoring
15-18 performance, the commission shall:
15-19 (1) use a risk-assessment methodology to institute
15-20 statewide monitoring of contract compliance of service providers;
15-21 and
15-22 (2) evaluate service providers based on clearly
15-23 defined and measurable program performance objectives.
15-24 Sec. 91.032. CONTRACTS FOR ADAPTIVE TECHNOLOGY. The
15-25 commission shall include in a contract with a supplier of adaptive
15-26 technology equipment provisions that require the supplier to
15-27 provide training for clients receiving the adaptive technology
16-1 equipment.
16-2 SECTION 9. Chapter 94, Human Resources Code, is amended by
16-3 adding Section 94.016 to read as follows:
16-4 Sec. 94.016. BUSINESS ENTERPRISES PROGRAM. (a) The
16-5 commission is authorized to administer the Business Enterprises
16-6 Program in accordance with the provisions of the Randolph-Sheppard
16-7 Act (20 U.S.C. Section 107 et seq.).
16-8 (b) The commission is authorized to administer a retirement
16-9 program for individuals licensed to operate vending facilities in
16-10 accordance with applicable state and federal laws.
16-11 (c) A trust fund for a retirement program for individuals
16-12 licensed to operate vending facilities under the Business
16-13 Enterprises Program is established with the comptroller of public
16-14 accounts. This trust fund will be set up in the state treasury.
16-15 (d) All federal vending revenue shall be credited to this
16-16 Business Enterprises Program trust fund. Federal vending revenue,
16-17 as defined in the Code of Federal Regulations: 395.1, Subpart
16-18 A-Definitions, are receipts (other than those of a blind vendor)
16-19 from vending machine operations on federal property, after
16-20 deducting the cost of goods sold (including reasonable service and
16-21 maintenance costs) in accordance with customary business practices
16-22 of commercial vending concerns, where the machines are operated,
16-23 serviced, or maintained by, or with the approval of, a department,
16-24 agency, or instrumentality of the United States, or commissions
16-25 paid (other than to a blind vendor) by a commercial vending concern
16-26 which operates, services, and maintains vending machines on federal
16-27 property for, or with the approval of, a department, agency, or
17-1 instrumentality of the United States.
17-2 (e) All expenditures authorized by the Randolph-Sheppard Act
17-3 from federal vending revenue funds shall be paid from the Business
17-4 Enterprises Program trust fund.
17-5 SECTION 10. Subchapter F, Chapter 411, Government Code, is
17-6 amended by adding Section 411.0985 to read as follows:
17-7 Sec. 411.0985. ACCESS TO CRIMINAL HISTORY RECORD
17-8 INFORMATION: TEXAS COMMISSION FOR THE BLIND. (a) The Texas
17-9 Commission for the Blind is entitled to obtain from the department
17-10 criminal history record information maintained by the department
17-11 that relates to a person who is an applicant for employment with
17-12 the commission.
17-13 (b) Criminal history record information obtained by the
17-14 Texas Commission for the Blind under Subsection (a) may be used
17-15 only to evaluate an applicant for employment with the commission.
17-16 (c) The Texas Commission for the Blind may not release or
17-17 disclose information obtained under Subsection (a) except on court
17-18 order.
17-19 (d) After the expiration of any probationary term of the
17-20 person's employment, the Texas Commission for the Blind shall
17-21 destroy all criminal history record information obtained under
17-22 Subsection (a).
17-23 SECTION 11. The changes in law made by this Act in the
17-24 prohibitions applying to members of the Texas Commission for the
17-25 Blind do not affect the entitlement of a member serving on the
17-26 commission immediately before September 1, 1999, to continue to
17-27 carry out the functions of the commission for the remainder of the
18-1 member's term. The changes in law apply only to a member appointed
18-2 on or after September 1, 1999.
18-3 SECTION 12. This Act takes effect September 1, 1999.
18-4 SECTION 13. The importance of this legislation and the
18-5 crowded condition of the calendars in both houses create an
18-6 emergency and an imperative public necessity that the
18-7 constitutional rule requiring bills to be read on three several
18-8 days in each house be suspended, and this rule is hereby suspended.