1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Commission
1-3 for the Deaf and Hard of Hearing.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 81.002, Human Resources Code, is amended
1-6 by amending Subsections (d) and (e) and adding Subsection (g) to
1-7 read as follows:
1-8 (d) A person may not be a member of the commission and may
1-9 not be a commission employee employed in a "bona fide executive,
1-10 administrative, or professional capacity," as that phrase is used
1-11 for purposes of establishing an exemption to the overtime
1-12 provisions of the federal Fair Labor Standards Act of 1938 (29
1-13 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
1-14 (1) the person is an officer, employee, or paid
1-15 consultant of a Texas trade association in the field of services
1-16 for people who are deaf or hard of hearing; or
1-17 (2) the person's spouse is an officer, manager, or
1-18 paid consultant of a Texas trade association in the field of
1-19 services for people who are deaf or hard of hearing. [An officer,
1-20 employee, or paid consultant of an association representing the
1-21 interests of persons who are deaf or hard of hearing may not be a
1-22 member or employee of the commission, nor may a person who cohabits
1-23 with or is the spouse of an officer, managerial employee, or paid
1-24 consultant of an association representing the interests of persons
2-1 who are deaf or hard of hearing be a member of the commission or an
2-2 employee of the commission grade 17 and over, including exempt
2-3 employees, according to the position classification schedule under
2-4 the General Appropriations Act.]
2-5 (e) A person may not be a member of the commission or act as
2-6 the general counsel to the commission if the person is required to
2-7 register as a lobbyist under Chapter 305, Government Code, because
2-8 of the person's activities for compensation on behalf of a
2-9 profession related to the operation of [who is required to register
2-10 as a lobbyist under Chapter 305, Government Code, by virtue of his
2-11 activities for compensation in or on behalf of a profession related
2-12 to the operation of the commission, may not serve as a member of
2-13 the commission or act as the general counsel to] the commission.
2-14 (g) In this section, "Texas trade association" means a
2-15 cooperative and voluntarily joined association of business or
2-16 professional competitors in this state designed to assist its
2-17 members and its industry or profession in dealing with mutual
2-18 business or professional problems and in promoting their common
2-19 interest.
2-20 SECTION 2. Section 81.0021(c), Human Resources Code, is
2-21 amended to read as follows:
2-22 (c) If the executive director has knowledge that a potential
2-23 ground for removal exists, he shall notify the chairman of the
2-24 commission of such ground. The chairman of the commission shall
2-25 then notify the governor and the attorney general that a potential
2-26 ground for removal exists. If the potential ground for removal
2-27 involves the chairman, the executive director shall notify the next
3-1 highest ranking officer of the commission, who shall then notify
3-2 the governor and the attorney general that a potential ground for
3-3 removal exists.
3-4 SECTION 3. Chapter 81, Human Resources Code, is amended by
3-5 adding Section 81.0022 to read as follows:
3-6 Sec. 81.0022. TRAINING. (a) A person who is appointed to
3-7 and qualifies for office as a member of the commission may not
3-8 vote, deliberate, or be counted as a member in attendance at a
3-9 meeting of the commission until the person completes a training
3-10 program that complies with this section.
3-11 (b) The training program must provide the person with
3-12 information regarding:
3-13 (1) the legislation that created the commission;
3-14 (2) the programs operated by the commission;
3-15 (3) the role and functions of the commission;
3-16 (4) the rules of the commission, with an emphasis on
3-17 the rules that relate to disciplinary and investigatory authority;
3-18 (5) the current budget for the commission;
3-19 (6) the results of the most recent formal audit of the
3-20 commission;
3-21 (7) the requirements of:
3-22 (A) the open meetings law, Chapter 551,
3-23 Government Code;
3-24 (B) the public information law, Chapter 552,
3-25 Government Code;
3-26 (C) the administrative procedure law, Chapter
3-27 2001, Government Code; and
4-1 (D) other laws relating to public officials,
4-2 including conflict-of-interest laws; and
4-3 (8) any applicable ethics policies adopted by the
4-4 commission or the Texas Ethics Commission.
4-5 (c) A person appointed to the commission is entitled to
4-6 reimbursement, as provided by the General Appropriations Act, for
4-7 the travel expenses incurred in attending the training program
4-8 regardless of whether the attendance at the program occurs before
4-9 or after the person qualifies for office.
4-10 SECTION 4. Section 81.004, Human Resources Code, is amended
4-11 to read as follows:
4-12 Sec. 81.004. SUNSET PROVISION. The Texas Commission for the
4-13 Deaf and Hard of Hearing is subject to Chapter 325, Government Code
4-14 (Texas Sunset Act). Unless the commission is continued in existence
4-15 as provided by that chapter, the commission is abolished and this
4-16 chapter expires September 1, 2011 [1999].
4-17 SECTION 5. Section 81.005(b), Human Resources Code, is
4-18 amended to read as follows:
4-19 (b) The commission shall hold at least six meetings a year.
4-20 The [During at least one of those meetings, the] commission shall
4-21 receive public comment on the operations of the commission and the
4-22 concerns of the deaf or hard of hearing community. The commission
4-23 shall develop and implement policies that will provide the public
4-24 with a reasonable opportunity to appear before the commission and
4-25 to speak on any issue under the jurisdiction of the commission.
4-26 SECTION 6. Section 81.006, Human Resources Code, is amended
4-27 to read as follows:
5-1 Sec. 81.006. DUTIES AND POWERS. (a) The commission shall:
5-2 (1) develop and implement a statewide program of
5-3 advocacy and education to ensure continuity of services to persons
5-4 who are deaf or hard of hearing;
5-5 (2) provide direct services to persons who are deaf or
5-6 hard of hearing, including communication access [interpreter
5-7 services], information and referral services, advocacy services,
5-8 services to elderly persons who are deaf or hard of hearing, and
5-9 training in accessing basic life skills;
5-10 (3) work to ensure more effective coordination and
5-11 cooperation among public and nonprofit organizations providing
5-12 social and educational services to individuals who are deaf or hard
5-13 of hearing;
5-14 (4) maintain a registry of available interpreters for
5-15 persons who are deaf or hard of hearing by updating the registry at
5-16 least quarterly and making the registry available to interested
5-17 persons at cost;
5-18 (5) establish a system to approve and provide courses
5-19 and workshops for the instruction and continuing education of
5-20 interpreters for persons who are deaf or hard of hearing;
5-21 (6) annually adopt by rule a schedule of fees, payable
5-22 by the commission for interpreter services with graduated fee
5-23 amounts, that:
5-24 (A) reflects the skill level of the interpreter;
5-25 and
5-26 (B) applies only when the commission determines
5-27 that there is not sufficient competition among interpreter services
6-1 within a particular service region to provide interpreter services
6-2 at a fair market price [annually review the schedule of fees
6-3 recommended by the commission for the payment of interpreters and,
6-4 as a result of the findings of the review and other relevant
6-5 information, adopt by rule a schedule of maximum allowable hourly
6-6 fees to be paid to interpreters with varied levels of skill by a
6-7 state agency, court, or a political subdivision of the state];
6-8 (7) assist institutions of higher education in
6-9 initiating training programs for interpreters and develop
6-10 guidelines for instruction to promote uniformity of signs taught
6-11 within those programs; and
6-12 (8) with the assistance of the Texas Education Agency,
6-13 develop standards for evaluation of the programs described by
6-14 Subdivision (7).
6-15 (b) The commission may:
6-16 (1) appoint one or more advisory committees to consult
6-17 with and advise the commission;
6-18 (2) charge and collect authorized fees and accept
6-19 gifts, grants, and donations of money, personal property, or real
6-20 property for use in expanding and improving services to persons of
6-21 this state who are deaf or hard of hearing;
6-22 (3) adopt rules necessary to implement this chapter;
6-23 (4) contract with or provide grants to agencies,
6-24 organizations, or individuals as necessary to implement this
6-25 chapter; [and]
6-26 (5) charge and collect a fee for training interpreters
6-27 in a reasonable amount to be set by the commission to defray the
7-1 cost of conducting the training;
7-2 (6) develop guidelines for trilingual interpreter
7-3 services; and
7-4 (7) provide training programs for persons who provide
7-5 trilingual interpreter services.
7-6 (c) The schedule of fees adopted under Subsection (a)(6)
7-7 shall be adopted by other state agencies. If the commission
7-8 determines by rule that certificates issued to interpreters by
7-9 different entities represent equivalent skill levels, the fees
7-10 recommended for the payment of interpreters holding those
7-11 certificates must be equivalent. On request, the commission shall
7-12 send a copy of the fee schedule to a governmental entity.
7-13 (d) The commission shall file annually with the governor and
7-14 the presiding officer of each house of the legislature a complete
7-15 and detailed written report accounting for all funds received and
7-16 disbursed by the commission during the preceding year. The form of
7-17 the annual report and the reporting time shall be that provided in
7-18 the General Appropriations Act.
7-19 (e) [The commission shall provide to its members and
7-20 employees as often as is necessary information regarding their
7-21 qualifications under this chapter and their responsibilities under
7-22 applicable laws relating to standards of conduct for state officers
7-23 or employees.]
7-24 [(f)] The commission shall develop and implement policies
7-25 that clearly define the respective responsibilities of the
7-26 governing body of the commission and the staff of the commission.
7-27 (f) [(g)] The commission shall establish and charge
8-1 reasonable fees for some or all commission publications to cover
8-2 the commission's publication costs. However, the commission shall
8-3 waive the fee if a person who is deaf or hard of hearing is
8-4 financially unable to pay for the publication, and may waive the
8-5 fees for publications provided to certain entities. The commission
8-6 shall adopt rules to implement this subsection. The rules must
8-7 specify the standards used for determining ability to pay for a
8-8 publication and must specify the types of entities for which the
8-9 fees will be waived.
8-10 SECTION 7. Section 81.007, Human Resources Code, is amended
8-11 by amending Subsections (f), (g), and (k) and adding Subsection (l)
8-12 to read as follows:
8-13 (f) The commission may waive any prerequisite to obtaining a
8-14 certificate [certification requirement] for an applicant after
8-15 reviewing the applicant's credentials and determining that the
8-16 applicant holds a certificate issued by another jurisdiction that
8-17 has [with a valid certificate from another state having]
8-18 certification requirements substantially equivalent to those of
8-19 this state. The commission may waive any prerequisite to obtaining
8-20 a certificate for an applicant who holds a certificate issued by
8-21 another jurisdiction with which this state has a reciprocity
8-22 agreement. The commission may make an agreement, subject to the
8-23 approval of the governor, with another state to allow for
8-24 certification by reciprocity.
8-25 (g) The commission by rule may adopt a system under which
8-26 certificates expire on various dates during the year. For the year
8-27 in which the certificate expiration date is changed, the
9-1 commission shall prorate certificate fees on a monthly basis so
9-2 that each certificate holder pays only that portion of the
9-3 certificate fee that is allocable to the number of months during
9-4 which the certificate is valid. On renewal of the certificate on
9-5 the new expiration date, the total certificate renewal fee is
9-6 payable.
9-7 (k) The commission shall compensate an evaluator[,] based on
9-8 a fee [the following] schedule as determined by commission rule[:]
9-9 [(1) $25 for each candidate evaluated for Level I
9-10 certification;]
9-11 [(2) $35 for each candidate evaluated for Level III
9-12 certification;]
9-13 [(3) $40 for each candidate evaluated for Level IV
9-14 certification; and]
9-15 [(4) $45 for each candidate evaluated for Level V
9-16 certification].
9-17 (l) The commission shall recognize, prepare, or administer
9-18 continuing education programs for its certificate holders. A
9-19 certificate holder must participate in the programs to the extent
9-20 required by the commission to keep the person's certificate.
9-21 SECTION 8. Section 81.0071, Human Resources Code, is amended
9-22 by amending Subsection (a) and adding Subsection (c) to read as
9-23 follows:
9-24 (a) Not later than the 60th day after the date [day] on
9-25 which a certification examination is administered under this
9-26 chapter, the commission shall notify each examinee of the results
9-27 of the examination. However, if an examination is graded or
10-1 reviewed by a national testing service, the commission shall notify
10-2 examinees of the results of the examination not later than the 14th
10-3 day after the date [day] on which the commission receives the
10-4 results from the testing service. If the notice of the examination
10-5 results will be delayed for longer than 90 days after the
10-6 examination date, the commission shall notify each examinee of the
10-7 reason for the delay before the 90th day.
10-8 (c) The commission may require a testing service to notify a
10-9 person of the results of the person's examination.
10-10 SECTION 9. Chapter 81, Human Resources Code, is amended by
10-11 adding Section 81.0073 to read as follows:
10-12 Sec. 81.0073. CERTIFICATE RENEWAL. (a) A person who is
10-13 otherwise eligible to renew a certificate may renew an unexpired
10-14 certificate by paying the required renewal fee to the commission
10-15 before the expiration date of the certificate. A person whose
10-16 certificate has expired may not engage in activities that require a
10-17 certificate until the certificate has been renewed.
10-18 (b) A person whose certificate has been expired for 90 days
10-19 or less may renew the certificate by paying to the commission a
10-20 renewal fee that is equal to 1-1/2 times the normally required
10-21 renewal fee.
10-22 (c) A person whose certificate has been expired for more
10-23 than 90 days but less than one year may renew the certificate by
10-24 paying to the commission a renewal fee that is equal to two times
10-25 the normally required renewal fee.
10-26 (d) A person whose certificate has been expired for one year
10-27 or more may not renew the certificate. The person may obtain a new
11-1 certificate by complying with the requirements and procedures,
11-2 including the examination requirements, for obtaining an original
11-3 certificate.
11-4 (e) A person who was certified in this state, moved to
11-5 another state, and is currently certified and has been in practice
11-6 in the other state for the two years preceding the date of
11-7 application may obtain a new certificate without reexamination.
11-8 The person must pay to the commission a fee that is equal to two
11-9 times the normally required renewal fee for the certificate.
11-10 (f) Not later than the 30th day before the date a person's
11-11 certificate is scheduled to expire, the commission shall send
11-12 written notice of the impending expiration to the person at the
11-13 person's last known address according to the records of the
11-14 commission.
11-15 SECTION 10. Chapter 81, Human Resources Code, is amended by
11-16 adding Section 81.0074 to read as follows:
11-17 Sec. 81.0074. PROVISIONAL CERTIFICATE. (a) The commission
11-18 may issue a provisional certificate to an applicant currently
11-19 certified in another jurisdiction who seeks a certificate in this
11-20 state and who:
11-21 (1) has been certified in good standing as an
11-22 interpreter for at least two years in another jurisdiction,
11-23 including a foreign country, that has certification requirements
11-24 substantially equivalent to the requirements of this chapter;
11-25 (2) has passed a national or other examination
11-26 recognized by the commission relating to the practice of
11-27 interpretation for people who are deaf or hard of hearing; and
12-1 (3) is sponsored by a person certified by the
12-2 commission under this chapter with whom the provisional certificate
12-3 holder will practice during the time the person holds a provisional
12-4 certificate.
12-5 (b) The commission may waive the requirement of Subsection
12-6 (a)(3) for an applicant if the commission determines that
12-7 compliance with that subsection would be a hardship to the
12-8 applicant.
12-9 (c) A provisional certificate is valid until the date the
12-10 commission approves or denies the provisional certificate holder's
12-11 application for a certificate. The commission shall issue a
12-12 certificate under this chapter to the provisional certificate
12-13 holder if:
12-14 (1) the provisional certificate holder is eligible to
12-15 be certified under Section 81.007(f); or
12-16 (2) the provisional certificate holder passes the part
12-17 of the examination under this chapter that relates to the
12-18 applicant's knowledge and understanding of the laws and rules
12-19 relating to the practice of interpretation for people who are deaf
12-20 or hard of hearing in this state, and:
12-21 (A) the commission verifies that the provisional
12-22 certificate holder meets the academic and experience requirements
12-23 for a certificate under this chapter; and
12-24 (B) the provisional certificate holder satisfies
12-25 any other certification requirements under this chapter.
12-26 (d) The commission must approve or deny a provisional
12-27 certificate holder's application for a certificate not later than
13-1 the 180th day after the date the provisional certificate is issued.
13-2 The commission may extend the 180-day period if the results of an
13-3 examination have not been received by the commission before the end
13-4 of that period.
13-5 (e) The commission may establish a fee for provisional
13-6 certificates in an amount reasonable and necessary to cover the
13-7 cost of issuing the certificate.
13-8 SECTION 11. Section 81.008, Human Resources Code, is amended
13-9 by amending Subsection (d) and adding Subsections (e) and (f) to
13-10 read as follows:
13-11 (d) The executive director or the executive director's [his
13-12 or her] designee shall prepare and maintain a written policy
13-13 statement [plan] to assure implementation of a program of equal
13-14 employment opportunity whereby all personnel transactions are made
13-15 without regard to race, color, disability [handicap], sex,
13-16 religion, age, or national origin. The policy statement must [plan
13-17 shall] include:
13-18 (1) personnel policies, including policies relating to
13-19 recruitment, evaluation, selection, training, and promotion of
13-20 personnel, that show the intent of the commission to avoid the
13-21 unlawful employment practices described by Chapter 21, Labor Code
13-22 [a comprehensive analysis which meets federal and state guidelines
13-23 of all the agency's work force by race, sex, ethnic origin, class
13-24 of position, and salary or wages]; and
13-25 (2) an analysis of the extent to which the composition
13-26 of the commission's personnel is in accordance with state and
13-27 federal law and a description of reasonable methods to achieve
14-1 compliance with state and federal law [plans for recruitment,
14-2 evaluation, selection, appointment, training, promotion, and other
14-3 personnel policies;]
14-4 [(3) procedures by which a determination can be made
14-5 of significant underutilization in the agency work force of all
14-6 persons for whom federal and state guidelines encourage a more
14-7 equitable balance and steps reasonably designed to overcome any
14-8 identified underutilization; and]
14-9 [(4) objectives and goals, with appropriate timetables
14-10 for the achievement of the objectives and goals, assignments of
14-11 responsibility for their achievement, and an appropriate program
14-12 for reviewing and maintaining these goals and objectives once
14-13 achieved].
14-14 (e) The policy statement must:
14-15 (1) be updated annually;
14-16 (2) be reviewed by the state Commission on Human
14-17 Rights for compliance with Subsection (d)(1); and
14-18 (3) be filed with the governor's office.
14-19 (f) The executive director or the executive director's
14-20 designee shall provide to members of the commission and to
14-21 commission employees, as often as necessary, information regarding
14-22 the requirements for office or employment under this chapter,
14-23 including information regarding a person's responsibilities under
14-24 applicable laws relating to standards of conduct for state officers
14-25 or employees.
14-26 SECTION 12. Section 81.014, Human Resources Code, is amended
14-27 by amending Subsections (c) and (d) and adding Subsections (e) and
15-1 (f) to read as follows:
15-2 (c) The [If a written complaint is filed with the commission
15-3 relating to a person or entity regulated by the commission, the]
15-4 commission, at least [as frequently as] quarterly [and] until final
15-5 disposition of the complaint, shall notify the person filing the
15-6 complaint and each person who is a subject of [parties to] the
15-7 complaint of the status of the investigation [complaint] unless the
15-8 notice would jeopardize an undercover investigation.
15-9 (d) The commission shall maintain a [keep an information]
15-10 file on [about] each written complaint filed with the commission
15-11 [relating to a person or entity regulated by the commission]. The
15-12 file must include:
15-13 (1) the name of the person who filed the complaint;
15-14 (2) the date the complaint is received by the
15-15 commission;
15-16 (3) the subject matter of the complaint;
15-17 (4) the name of each person contacted in relation to
15-18 the complaint;
15-19 (5) a summary of the results of the review or
15-20 investigation of the complaint; and
15-21 (6) an explanation of the reason the file was closed,
15-22 if the commission closed the file without taking action other than
15-23 to investigate the complaint.
15-24 (e) The commission shall provide to the person filing the
15-25 complaint and to each person who is a subject of the complaint a
15-26 copy of the commission's policies and procedures relating to
15-27 complaint investigation and resolution.
16-1 (f) The commission shall adopt rules to establish reasonable
16-2 time limits for the resolution of complaints.
16-3 SECTION 13. Section 81.017(a), Human Resources Code, is
16-4 amended to read as follows:
16-5 (a) The commission and each of the following agencies shall
16-6 adopt [by rule] a memorandum of understanding to coordinate the
16-7 delivery of services to persons who are deaf or hard of hearing and
16-8 to reduce duplication of services:
16-9 (1) the Texas Department of Human Services;
16-10 (2) the Texas Department of Mental Health and Mental
16-11 Retardation;
16-12 (3) the Texas Workforce Commission;
16-13 (4) the Texas Department of Health;
16-14 (5) the Texas Higher Education Coordinating Board;
16-15 (6) the Texas Education Agency;
16-16 (7) the Texas Department on Aging;
16-17 (8) the Texas School for the Deaf;
16-18 (9) the Texas Rehabilitation Commission;
16-19 (10) the institutional division of the Texas
16-20 Department of Criminal Justice; and
16-21 (11) any other state agency involved in providing
16-22 services to persons who are deaf or hard of hearing.
16-23 SECTION 14. Section 81.019(b), Human Resources Code, is
16-24 amended to read as follows:
16-25 (b) A person who is deaf or hard of hearing may apply to the
16-26 commission for the symbol or other device. The commission may
16-27 require acceptable medical proof that a person is deaf or hard of
17-1 hearing and may set a fee[, not to exceed $2] for each device[,] to
17-2 defray the costs of administering this section.
17-3 SECTION 15. Chapter 81, Human Resources Code, is amended by
17-4 adding Section 81.020 to read as follows:
17-5 Sec. 81.020. ASSISTANCE REGARDING TELECOMMUNICATIONS
17-6 DEVICES. The commission may not advertise, distribute, or publish
17-7 the name or address or other related information received by the
17-8 commission about an individual who applies for assistance regarding
17-9 telecommunications devices.
17-10 SECTION 16. The changes in law made by this Act in the
17-11 qualifications of, and the prohibitions applying to, members of the
17-12 Texas Commission for the Deaf and Hard of Hearing do not affect the
17-13 entitlement of a member serving on the commission immediately
17-14 before September 1, 1999, to continue to carry out the functions of
17-15 the commission for the remainder of the member's term. The changes
17-16 in law apply only to a member appointed on or after September 1,
17-17 1999.
17-18 SECTION 17. This Act takes effect September 1, 1999.
17-19 SECTION 18. The importance of this legislation and the
17-20 crowded condition of the calendars in both houses create an
17-21 emergency and an imperative public necessity that the
17-22 constitutional rule requiring bills to be read on three several
17-23 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1401 was passed by the House on April
7, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1401 was passed by the Senate on May
6, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor