76R9302 DB-D
By Gray, Bosse, McCall, Naishtat H.B. No. 1401
Substitute the following for H.B. No. 1401:
By Gray C.S.H.B. No. 1401
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 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 the commission [A person who
2-10 is required to register as a lobbyist under Chapter 305, Government
2-11 Code, by virtue of his activities for compensation in or on behalf
2-12 of a profession related to the operation of the commission, may not
2-13 serve as a member of the commission or act as the general counsel
2-14 to the commission].
2-15 (g) In this section, "Texas trade association" means a
2-16 cooperative and voluntarily joined association of business or
2-17 professional competitors in this state designed to assist its
2-18 members and its industry or profession in dealing with mutual
2-19 business or professional problems and in promoting their common
2-20 interest.
2-21 SECTION 2. Section 81.0021(c), Human Resources Code, is
2-22 amended to read as follows:
2-23 (c) If the executive director has knowledge that a potential
2-24 ground for removal exists, he shall notify the chairman of the
2-25 commission of such ground. The chairman of the commission shall
2-26 then notify the governor and the attorney general that a potential
2-27 ground for removal exists. If the potential ground for removal
3-1 involves the chairman, the executive director shall notify the next
3-2 highest ranking officer of the commission, who shall then notify
3-3 the governor and the attorney general that a potential ground for
3-4 removal exists.
3-5 SECTION 3. Chapter 81, Human Resources Code, is amended by
3-6 adding Section 81.0022 to read as follows:
3-7 Sec. 81.0022. TRAINING. (a) A person who is appointed to
3-8 and qualifies for office as a member of the commission may not
3-9 vote, deliberate, or be counted as a member in attendance at a
3-10 meeting of the commission until the person completes a training
3-11 program that complies with this section.
3-12 (b) The training program must provide the person with
3-13 information regarding:
3-14 (1) the legislation that created the commission;
3-15 (2) the programs operated by the commission;
3-16 (3) the role and functions of the commission;
3-17 (4) the rules of the commission with an emphasis on
3-18 the rules that relate to disciplinary and investigatory authority;
3-19 (5) the current budget for the commission;
3-20 (6) the results of the most recent formal audit of the
3-21 commission;
3-22 (7) the requirements of:
3-23 (A) the open meetings law, Chapter 551,
3-24 Government Code;
3-25 (B) the public information law, Chapter 552,
3-26 Government Code;
3-27 (C) the administrative procedure law, Chapter
4-1 2001, Government Code; and
4-2 (D) other laws relating to public officials,
4-3 including conflict-of-interest laws; and
4-4 (8) any applicable ethics policies adopted by the
4-5 commission or the Texas Ethics Commission.
4-6 (c) A person appointed to the commission is entitled to
4-7 reimbursement, as provided by the General Appropriations Act, for
4-8 the travel expenses incurred in attending the training program
4-9 regardless of whether the attendance at the program occurs before
4-10 or after the person qualifies for office.
4-11 SECTION 4. Section 81.004, Human Resources Code, is amended
4-12 to read as follows:
4-13 Sec. 81.004. SUNSET PROVISION. The Texas Commission for the
4-14 Deaf and Hard of Hearing is subject to Chapter 325, Government Code
4-15 (Texas Sunset Act). Unless the commission is continued in existence
4-16 as provided by that chapter, the commission is abolished and this
4-17 chapter expires September 1, 2007 [1999].
4-18 SECTION 5. Section 81.005(b), Human Resources Code, is
4-19 amended to read as follows:
4-20 (b) The commission shall hold at least six meetings a year.
4-21 The [During at least one of those meetings, the] commission shall
4-22 receive public comment on the operations of the commission and the
4-23 concerns of the deaf or hard of hearing community. The commission
4-24 shall develop and implement policies that will provide the public
4-25 with a reasonable opportunity to appear before the commission and
4-26 to speak on any issue under the jurisdiction of the commission.
4-27 SECTION 6. Section 81.006, Human Resources Code, is amended
5-1 to read as follows:
5-2 Sec. 81.006. DUTIES AND POWERS. (a) The commission shall:
5-3 (1) develop and implement a statewide program of
5-4 advocacy and education to ensure continuity of services to persons
5-5 who are deaf or hard of hearing;
5-6 (2) provide direct services to persons who are deaf or
5-7 hard of hearing, including communication access [interpreter
5-8 services], information and referral services, advocacy services,
5-9 services to elderly persons who are deaf or hard of hearing, and
5-10 training in accessing basic life skills;
5-11 (3) work to ensure more effective coordination and
5-12 cooperation among public and nonprofit organizations providing
5-13 social and educational services to individuals who are deaf or hard
5-14 of hearing;
5-15 (4) maintain a registry of available interpreters for
5-16 persons who are deaf or hard of hearing by updating the registry at
5-17 least quarterly and making the registry available to interested
5-18 persons at cost;
5-19 (5) establish a system to approve and provide courses
5-20 and workshops for the instruction and continuing education of
5-21 interpreters for persons who are deaf or hard of hearing;
5-22 (6) annually adopt by rule a schedule of fees, payable
5-23 by the commission for interpreter services with graduated fee
5-24 amounts, that:
5-25 (A) reflects the skill level of the interpreter;
5-26 and
5-27 (B) applies only when the commission determines
6-1 that there is not sufficient competition among interpreter services
6-2 within a particular service region to provide interpreter services
6-3 at a fair market price [annually review the schedule of fees
6-4 recommended by the commission for the payment of interpreters and,
6-5 as a result of the findings of the review and other relevant
6-6 information, adopt by rule a schedule of maximum allowable hourly
6-7 fees to be paid to interpreters with varied levels of skill by a
6-8 state agency, court, or a political subdivision of the state];
6-9 (7) assist institutions of higher education in
6-10 initiating training programs for interpreters and develop
6-11 guidelines for instruction to promote uniformity of signs taught
6-12 within those programs; and
6-13 (8) with the assistance of the Texas Education Agency,
6-14 develop standards for evaluation of the programs described by
6-15 Subdivision (7).
6-16 (b) The commission may:
6-17 (1) appoint one or more advisory committees to consult
6-18 with and advise the commission;
6-19 (2) charge and collect authorized fees and accept
6-20 gifts, grants, and donations of money, personal property, or real
6-21 property for use in expanding and improving services to persons of
6-22 this state who are deaf or hard of hearing;
6-23 (3) adopt rules necessary to implement this chapter;
6-24 (4) contract with or provide grants to agencies,
6-25 organizations, or individuals as necessary to implement this
6-26 chapter; [and]
6-27 (5) charge and collect a fee for training interpreters
7-1 in a reasonable amount to be set by the commission to defray the
7-2 cost of conducting the training;
7-3 (6) develop guidelines for trilingual interpreter
7-4 services; and
7-5 (7) provide training programs for persons who provide
7-6 trilingual interpreter services.
7-7 (c) The schedule of fees adopted under Subsection (a)(6)
7-8 shall be adopted by other state agencies. If the commission
7-9 determines by rule that certificates issued to interpreters by
7-10 different entities represent equivalent skill levels, the fees
7-11 recommended for the payment of interpreters holding those
7-12 certificates must be equivalent. On request, the commission shall
7-13 send a copy of the fee schedule to a governmental entity.
7-14 (d) The commission shall file annually with the governor and
7-15 the presiding officer of each house of the legislature a complete
7-16 and detailed written report accounting for all funds received and
7-17 disbursed by the commission during the preceding year. The form of
7-18 the annual report and the reporting time shall be that provided in
7-19 the General Appropriations Act.
7-20 (e) [The commission shall provide to its members and
7-21 employees as often as is necessary information regarding their
7-22 qualifications under this chapter and their responsibilities under
7-23 applicable laws relating to standards of conduct for state officers
7-24 or employees.]
7-25 [(f)] The commission shall develop and implement policies
7-26 that clearly define the respective responsibilities of the
7-27 governing body of the commission and the staff of the commission.
8-1 (f) [(g)] The commission shall establish and charge
8-2 reasonable fees for some or all commission publications to cover
8-3 the commission's publication costs. However, the commission shall
8-4 waive the fee if a person who is deaf or hard of hearing is
8-5 financially unable to pay for the publication, and may waive the
8-6 fees for publications provided to certain entities. The commission
8-7 shall adopt rules to implement this subsection. The rules must
8-8 specify the standards used for determining ability to pay for a
8-9 publication and must specify the types of entities for which the
8-10 fees will be waived.
8-11 SECTION 7. Section 81.007, Human Resources Code, is amended
8-12 by amending Subsections (f), (g), and (k) and adding Subsection (l)
8-13 to read as follows:
8-14 (f) The commission may waive any prerequisite to obtaining a
8-15 certificate [certification requirement] for an applicant after
8-16 reviewing the applicant's credentials and determining that the
8-17 applicant holds a certificate issued by another jurisdiction that
8-18 has [with a valid certificate from another state having]
8-19 certification requirements substantially equivalent to those of
8-20 this state. The commission may waive any prerequisite to obtaining
8-21 a certificate for an applicant who holds a certificate issued by
8-22 another jurisdiction with which this state has a reciprocity
8-23 agreement. The commission may make an agreement, subject to the
8-24 approval of the governor, with another state to allow for
8-25 certification by reciprocity.
8-26 (g) The commission by rule may adopt a system under which
8-27 certificates expire on various dates during the year. For the year
9-1 in which the certificate expiration date is changed, the
9-2 commission shall prorate certificate fees on a monthly basis so
9-3 that each certificate holder pays only that portion of the
9-4 certificate fee that is allocable to the number of months during
9-5 which the certificate is valid. On renewal of the certificate on
9-6 the new expiration date, the total certificate renewal fee is
9-7 payable.
9-8 (k) The commission shall compensate an evaluator[,] based on
9-9 a fee [the following] schedule as determined by commission rule[:]
9-10 [(1) $25 for each candidate evaluated for Level I
9-11 certification;]
9-12 [(2) $35 for each candidate evaluated for Level III
9-13 certification;]
9-14 [(3) $40 for each candidate evaluated for Level IV
9-15 certification; and]
9-16 [(4) $45 for each candidate evaluated for Level V
9-17 certification].
9-18 (l) The commission shall recognize, prepare, or administer
9-19 continuing education programs for its certificate holders. A
9-20 certificate holder must participate in the programs to the extent
9-21 required by the commission to keep the person's certificate.
9-22 SECTION 8. Section 81.0071, Human Resources Code, is amended
9-23 by amending Subsection (a) and adding Subsection (c) to read as
9-24 follows:
9-25 (a) Not later than the 60th day after the date [day] on
9-26 which a certification examination is administered under this
9-27 chapter, the commission shall notify each examinee of the results
10-1 of the examination. However, if an examination is graded or
10-2 reviewed by a national testing service, the commission shall notify
10-3 examinees of the results of the examination not later than the 14th
10-4 day after the date [day] on which the commission receives the
10-5 results from the testing service. If the notice of the examination
10-6 results will be delayed for longer than 90 days after the
10-7 examination date, the commission shall notify each examinee of the
10-8 reason for the delay before the 90th day.
10-9 (c) The commission may require a testing service to notify a
10-10 person of the results of the person's examination.
10-11 SECTION 9. Chapter 81, Human Resources Code, is amended by
10-12 adding Section 81.0073 to read as follows:
10-13 Sec. 81.0073. CERTIFICATE RENEWAL. (a) A person who is
10-14 otherwise eligible to renew a certificate may renew an unexpired
10-15 certificate by paying the required renewal fee to the commission
10-16 before the expiration date of the certificate. A person whose
10-17 certificate has expired may not engage in activities that require a
10-18 certificate until the certificate has been renewed.
10-19 (b) A person whose certificate has been expired for 90 days
10-20 or less may renew the certificate by paying to the commission a
10-21 renewal fee that is equal to 1-1/2 times the normally required
10-22 renewal fee.
10-23 (c) A person whose certificate has been expired for more
10-24 than 90 days but less than one year may renew the certificate by
10-25 paying to the commission a renewal fee that is equal to two times
10-26 the normally required renewal fee.
10-27 (d) A person whose certificate has been expired for one year
11-1 or more may not renew the certificate. The person may obtain a new
11-2 certificate by complying with the requirements and procedures,
11-3 including the examination requirements, for obtaining an original
11-4 certificate.
11-5 (e) A person who was certified in this state, moved to
11-6 another state, and is currently certified and has been in practice
11-7 in the other state for the two years preceding the date of
11-8 application may obtain a new certificate without reexamination.
11-9 The person must pay to the commission a fee that is equal to two
11-10 times the normally required renewal fee for the certificate.
11-11 (f) Not later than the 30th day before the date a person's
11-12 certificate is scheduled to expire, the commission shall send
11-13 written notice of the impending expiration to the person at the
11-14 person's last known address according to the records of the
11-15 commission.
11-16 SECTION 10. Chapter 81, Human Resources Code, is amended by
11-17 adding Section 81.0074 to read as follows:
11-18 Sec. 81.0074. PROVISIONAL CERTIFICATE. (a) The commission
11-19 may issue a provisional certificate to an applicant currently
11-20 certified in another jurisdiction who seeks a certificate in this
11-21 state and who:
11-22 (1) has been certified in good standing as an
11-23 interpreter for at least two years in another jurisdiction,
11-24 including a foreign country, that has certification requirements
11-25 substantially equivalent to the requirements of this chapter;
11-26 (2) has passed a national or other examination
11-27 recognized by the commission relating to the practice of
12-1 interpretation for people who are deaf or hard of hearing; and
12-2 (3) is sponsored by a person certified by the
12-3 commission under this chapter with whom the provisional certificate
12-4 holder will practice during the time the person holds a provisional
12-5 certificate.
12-6 (b) The commission may waive the requirement of Subsection
12-7 (a)(3) for an applicant if the commission determines that
12-8 compliance with that subsection would be a hardship to the
12-9 applicant.
12-10 (c) A provisional certificate is valid until the date the
12-11 commission approves or denies the provisional certificate holder's
12-12 application for a certificate. The commission shall issue a
12-13 certificate under this chapter to the provisional certificate
12-14 holder if:
12-15 (1) the provisional certificate holder is eligible to
12-16 be certified under Section 81.007(f); or
12-17 (2) the provisional certificate holder passes the part
12-18 of the examination under this chapter that relates to the
12-19 applicant's knowledge and understanding of the laws and rules
12-20 relating to the practice of interpretation for people who are deaf
12-21 or hard of hearing in this state, and:
12-22 (A) the commission verifies that the provisional
12-23 certificate holder meets the academic and experience requirements
12-24 for a certificate under this chapter; and
12-25 (B) the provisional certificate holder satisfies
12-26 any other certification requirements under this chapter.
12-27 (d) The commission must approve or deny a provisional
13-1 certificate holder's application for a certificate not later than
13-2 the 180th day after the date the provisional certificate is issued.
13-3 The commission may extend the 180-day period if the results of an
13-4 examination have not been received by the commission before the end
13-5 of that period.
13-6 (e) The commission may establish a fee for provisional
13-7 certificates in an amount reasonable and necessary to cover the
13-8 cost of issuing the certificate.
13-9 SECTION 11. Section 81.008, Human Resources Code, is amended
13-10 by amending Subsection (d) and adding Subsections (e) and (f) to
13-11 read as follows:
13-12 (d) The executive director or the executive director's [his
13-13 or her] designee shall prepare and maintain a written policy
13-14 statement [plan] to assure implementation of a program of equal
13-15 employment opportunity whereby all personnel transactions are made
13-16 without regard to race, color, disability [handicap], sex,
13-17 religion, age, or national origin. The policy statement must [plan
13-18 shall] include:
13-19 (1) personnel policies, including policies relating to
13-20 recruitment, evaluation, selection, training, and promotion of
13-21 personnel, that show the intent of the commission to avoid the
13-22 unlawful employment practices described by Chapter 21, Labor Code
13-23 [a comprehensive analysis which meets federal and state guidelines
13-24 of all the agency's work force by race, sex, ethnic origin, class
13-25 of position, and salary or wages]; and
13-26 (2) an analysis of the extent to which the composition
13-27 of the commission's personnel is in accordance with state and
14-1 federal law and a description of reasonable methods to achieve
14-2 compliance with state and federal law [plans for recruitment,
14-3 evaluation, selection, appointment, training, promotion, and other
14-4 personnel policies;]
14-5 [(3) procedures by which a determination can be made
14-6 of significant underutilization in the agency work force of all
14-7 persons for whom federal and state guidelines encourage a more
14-8 equitable balance and steps reasonably designed to overcome any
14-9 identified underutilization; and]
14-10 [(4) objectives and goals, with appropriate timetables
14-11 for the achievement of the objectives and goals, assignments of
14-12 responsibility for their achievement, and an appropriate program
14-13 for reviewing and maintaining these goals and objectives once
14-14 achieved].
14-15 (e) The policy statement must:
14-16 (1) be updated annually;
14-17 (2) be reviewed by the state Commission on Human
14-18 Rights for compliance with Subsection (d)(1); and
14-19 (3) be filed with the governor's office.
14-20 (f) The executive director or the executive director's
14-21 designee shall provide to members of the commission and to
14-22 commission employees, as often as necessary, information regarding
14-23 the requirements for office or employment under this chapter,
14-24 including information regarding a person's responsibilities under
14-25 applicable laws relating to standards of conduct for state officers
14-26 or employees.
14-27 SECTION 12. Section 81.014, Human Resources Code, is amended
15-1 by amending Subsections (c) and (d) and adding Subsections (e) and
15-2 (f) to read as follows:
15-3 (c) The [If a written complaint is filed with the commission
15-4 relating to a person or entity regulated by the commission, the]
15-5 commission, at least [as frequently as] quarterly [and] until final
15-6 disposition of the complaint, shall notify the person filing the
15-7 complaint and each person who is a subject of the complaint
15-8 [parties to the complaint] of the status of the investigation
15-9 [complaint] unless the notice would jeopardize an undercover
15-10 investigation.
15-11 (d) The commission shall maintain a [keep an information]
15-12 file on [about] each written complaint filed with the commission
15-13 [relating to a person or entity regulated by the commission]. The
15-14 file must include:
15-15 (1) the name of the person who filed the complaint;
15-16 (2) the date the complaint is received by the
15-17 commission;
15-18 (3) the subject matter of the complaint;
15-19 (4) the name of each person contacted in relation to
15-20 the complaint;
15-21 (5) a summary of the results of the review or
15-22 investigation of the complaint; and
15-23 (6) an explanation of the reason the file was closed,
15-24 if the commission closed the file without taking action other than
15-25 to investigate the complaint.
15-26 (e) The commission shall provide to the person filing the
15-27 complaint and to each person who is a subject of the complaint a
16-1 copy of the commission's policies and procedures relating to
16-2 complaint investigation and resolution.
16-3 (f) The commission shall adopt rules to establish reasonable
16-4 time limits for the resolution of complaints.
16-5 SECTION 13. Section 81.019(b), Human Resources Code, is
16-6 amended to read as follows:
16-7 (b) A person who is deaf or hard of hearing may apply to the
16-8 commission for the symbol or other device. The commission may
16-9 require acceptable medical proof that a person is deaf or hard of
16-10 hearing and may set a fee[, not to exceed $2] for each device[,] to
16-11 defray the costs of administering this section.
16-12 SECTION 14. Chapter 81, Human Resources Code, is amended by
16-13 adding Section 81.020 to read as follows:
16-14 Sec. 81.020. ASSISTANCE REGARDING TELECOMMUNICATIONS
16-15 DEVICES. The commission may not advertise, distribute, or publish
16-16 the name or address or other related information received by the
16-17 commission about an individual who applies for assistance regarding
16-18 telecommunications devices.
16-19 SECTION 15. The changes in law made by this Act in the
16-20 qualifications of, and the prohibitions applying to, members of the
16-21 Texas Commission for the Deaf and Hard of Hearing do not affect the
16-22 entitlement of a member serving on the commission immediately
16-23 before September 1, 1999, to continue to carry out the functions of
16-24 the commission for the remainder of the member's term. The changes
16-25 in law apply only to a member appointed on or after September 1,
16-26 1999.
16-27 SECTION 16. This Act takes effect September 1, 1999.
17-1 SECTION 17. The importance of this legislation and the
17-2 crowded condition of the calendars in both houses create an
17-3 emergency and an imperative public necessity that the
17-4 constitutional rule requiring bills to be read on three several
17-5 days in each house be suspended, and this rule is hereby suspended.