By Gray                                               H.B. No. 1401
         76R833 DB-D                           
                                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 interpreter services, information and
 5-8     referral services, advocacy services, services to elderly persons
 5-9     who are deaf or hard of hearing, and training in accessing basic
5-10     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 interpretation
 6-2     services within a particular service region to provide
 6-3     interpretation services at a fair market price [annually review the
 6-4     schedule of fees recommended by the commission for the payment of
 6-5     interpreters and, as a result of the findings of the review and
 6-6     other relevant information, adopt by rule a schedule of maximum
 6-7     allowable hourly fees to be paid to interpreters with varied levels
 6-8     of skill by a state agency, court, or a political subdivision of
 6-9     the state];
6-10                 (7)  assist institutions of higher education in
6-11     initiating training programs for interpreters and develop
6-12     guidelines for instruction to promote uniformity of signs taught
6-13     within those programs; and
6-14                 (8)  with the assistance of the Texas Education Agency,
6-15     develop standards for evaluation of the programs described by
6-16     Subdivision (7).
6-17           (b)  The commission may:
6-18                 (1)  appoint one or more advisory committees to consult
6-19     with and advise the commission;
6-20                 (2)  charge and collect authorized fees and accept
6-21     gifts, grants, and donations of money, personal property, or real
6-22     property for use in expanding and improving services to persons of
6-23     this state who are deaf or hard of hearing;
6-24                 (3)  adopt rules necessary to implement this chapter;
6-25                 (4)  contract with or provide grants to agencies,
6-26     organizations, or individuals as necessary to implement this
6-27     chapter; [and]
 7-1                 (5)  charge and collect a fee for training interpreters
 7-2     in a reasonable amount to be set by the commission to defray the
 7-3     cost of conducting the training;
 7-4                 (6)  develop guidelines for trilingual interpretation
 7-5     services; and
 7-6                 (7)  provide training programs for persons who provide
 7-7     trilingual interpretation services.
 7-8           (c)  The schedule of fees adopted under Subsection (a)(6)
 7-9     shall be adopted by other state agencies.  If the commission
7-10     determines by rule that certificates issued to interpreters by
7-11     different entities represent equivalent skill levels, the fees
7-12     recommended for the payment of interpreters holding those
7-13     certificates must be equivalent.  On request, the commission shall
7-14     send a copy of the fee schedule to a governmental entity.
7-15           (d)  The commission shall file annually with the governor and
7-16     the presiding officer of each house of the legislature a complete
7-17     and detailed written report accounting for all funds received and
7-18     disbursed by the commission during the preceding year.  The form of
7-19     the annual report and the reporting time shall be that provided in
7-20     the General Appropriations Act.
7-21           (e)  [The commission shall provide to its members and
7-22     employees as often as is necessary information regarding their
7-23     qualifications under this chapter and their responsibilities under
7-24     applicable laws relating to standards of conduct for state officers
7-25     or employees.]
7-26           [(f)]  The commission shall develop and implement policies
7-27     that clearly define the respective responsibilities of the
 8-1     governing body of the commission and the staff of the commission.
 8-2           (f) [(g)]  The commission shall establish and charge
 8-3     reasonable fees for some or all commission publications to cover
 8-4     the commission's publication costs.  However, the commission shall
 8-5     waive the fee if a person who is deaf or hard of hearing is
 8-6     financially unable to pay for the publication, and may waive the
 8-7     fees for publications provided to certain entities.  The commission
 8-8     shall adopt rules to implement this subsection.  The rules must
 8-9     specify the standards used for determining ability to pay for a
8-10     publication and must specify the types of entities for which the
8-11     fees will be waived.
8-12           SECTION 7.  Section 81.007, Human Resources Code, is amended
8-13     by amending Subsections (f) and (g) and adding Subsection (l) to
8-14     read as follows:
8-15           (f)  The commission may waive any prerequisite to obtaining a
8-16     certificate [certification requirement] for an applicant after
8-17     reviewing the applicant's credentials and determining that the
8-18     applicant holds a certificate issued by another jurisdiction that
8-19     has [with a valid certificate from another state having]
8-20     certification requirements substantially equivalent to those of
8-21     this state.  The commission may waive any prerequisite to obtaining
8-22     a certificate for an applicant who holds a certificate issued by
8-23     another jurisdiction with which this state has a reciprocity
8-24     agreement.  The commission may make an agreement, subject to the
8-25     approval of the governor, with another state to allow for
8-26     certification by reciprocity.
8-27           (g)  The commission by rule may adopt a system under which
 9-1     certificates expire on various dates during the year.  For the year
 9-2     in which the  certificate expiration date is changed, the
 9-3     commission shall prorate certificate fees on a monthly basis so
 9-4     that each certificate holder pays only that portion of the
 9-5     certificate fee that is allocable to the number of months during
 9-6     which the certificate is valid.  On renewal of the certificate on
 9-7     the new expiration date, the total certificate renewal fee is
 9-8     payable.
 9-9           (l)  The commission shall recognize, prepare, or administer
9-10     continuing education programs for its certificate holders.  A
9-11     certificate holder must participate in the programs to the extent
9-12     required by the commission to keep the person's certificate.
9-13           SECTION 8.  Section 81.0071, Human Resources Code, is amended
9-14     by amending Subsection (a) and adding Subsection (c) to read as
9-15     follows:
9-16           (a)  Not later than the 60th day after the date [day] on
9-17     which a certification examination is administered under this
9-18     chapter, the commission shall notify each examinee of the results
9-19     of the examination.  However, if an examination is graded or
9-20     reviewed by a national testing service, the commission shall notify
9-21     examinees of the results of the examination not later than the 14th
9-22     day after the date [day] on which the commission receives the
9-23     results from the testing service.  If the notice of the examination
9-24     results will be delayed for longer than 90 days after the
9-25     examination date, the commission shall notify each examinee of the
9-26     reason for the delay before the 90th day.
9-27           (c)  The commission may require a testing service to notify a
 10-1    person of the results of the person's examination.
 10-2          SECTION 9.  Chapter 81, Human Resources Code, is amended by
 10-3    adding Section 81.0073 to read as follows:
 10-4          Sec. 81.0073.  CERTIFICATE RENEWAL.  (a)  A person who is
 10-5    otherwise eligible to renew a certificate may renew an unexpired
 10-6    certificate by paying the required renewal fee to the commission
 10-7    before the expiration date of the certificate.  A person whose
 10-8    certificate has expired may not engage in activities that require a
 10-9    certificate until the certificate has been renewed.
10-10          (b)  A person whose certificate has been expired for 90 days
10-11    or less may renew the certificate by paying to the commission a
10-12    renewal fee that is equal to 1-1/2 times the normally required
10-13    renewal fee.
10-14          (c)  A person whose certificate has been expired for more
10-15    than 90 days but less than one year may renew the certificate by
10-16    paying to the commission a renewal fee that is equal to two times
10-17    the normally required renewal fee.
10-18          (d)  A person whose certificate has been expired for one year
10-19    or more may not renew the certificate.  The person may obtain a new
10-20    certificate by complying with the requirements and procedures,
10-21    including the examination requirements, for obtaining an original
10-22    certificate.
10-23          (e)  A person who was certified in this state, moved to
10-24    another state, and is currently certified and has been in practice
10-25    in the other state for the two years preceding the date of
10-26    application may  obtain a new certificate without reexamination.
10-27    The person must pay to the commission a fee that is equal to two
 11-1    times the normally required renewal fee for the certificate.
 11-2          (f)  Not later than the 30th day before the date a person's
 11-3    certificate is scheduled to expire, the commission shall send
 11-4    written notice of the impending expiration to the person at the
 11-5    person's last known address according to the records of the
 11-6    commission.
 11-7          SECTION 10.  Chapter 81, Human Resources Code, is amended by
 11-8    adding Section 81.0074 to read as follows:
 11-9          Sec. 81.0074.  PROVISIONAL CERTIFICATE.  (a)  The commission
11-10    may issue a provisional certificate to an applicant currently
11-11    certified in another jurisdiction who seeks a certificate in this
11-12    state and who:
11-13                (1)  has been certified in good standing as an
11-14    interpreter for at least two years in another jurisdiction,
11-15    including a foreign country, that has certification requirements
11-16    substantially equivalent to the requirements of this chapter;
11-17                (2)  has passed a national or other examination
11-18    recognized by the commission relating to the practice of
11-19    interpretation for people who are deaf or hard of hearing; and
11-20                (3)  is sponsored by a person certified by the
11-21    commission under this chapter with whom the provisional certificate
11-22    holder will practice during the time the person holds a provisional
11-23    certificate.
11-24          (b)  The commission may waive the requirement of Subsection
11-25    (a)(3) for an applicant if the commission determines that
11-26    compliance with that subsection would be a hardship to the
11-27    applicant.
 12-1          (c)  A provisional certificate is valid until the date the
 12-2    commission approves or denies the provisional certificate holder's
 12-3    application for a certificate.  The commission shall issue a
 12-4    certificate under this chapter to the provisional certificate
 12-5    holder if:
 12-6                (1)  the provisional certificate holder is eligible to
 12-7    be certified under Section 81.007(f); or
 12-8                (2)  the provisional certificate holder passes the part
 12-9    of the examination under this chapter that relates to the
12-10    applicant's knowledge and understanding of the laws and rules
12-11    relating to the practice of interpretation for people who are deaf
12-12    or hard of hearing in this state, and:
12-13                      (A)  the commission verifies that the provisional
12-14    certificate holder meets the academic and experience requirements
12-15    for a certificate under this chapter; and
12-16                      (B)  the provisional certificate holder satisfies
12-17    any other certification requirements under this chapter.
12-18          (d)  The commission must approve or deny a provisional
12-19    certificate holder's application for a certificate not later than
12-20    the 180th day after the date the provisional certificate is issued.
12-21    The commission may extend the 180-day period if the results of an
12-22    examination have not been received by the commission before the end
12-23    of that period.
12-24          (e)  The commission may establish a fee for provisional
12-25    certificates in an amount reasonable and necessary to cover the
12-26    cost of issuing the certificate.
12-27          SECTION 11.  Section 81.008, Human Resources Code, is amended
 13-1    by amending Subsection (d) and adding Subsections (e) and (f) to
 13-2    read as follows:
 13-3          (d)  The executive director or the executive director's [his
 13-4    or her] designee shall prepare and maintain a written policy
 13-5    statement [plan] to assure implementation of a program of equal
 13-6    employment opportunity whereby all personnel transactions are made
 13-7    without regard to race, color, disability [handicap], sex,
 13-8    religion, age, or national origin.  The policy statement must [plan
 13-9    shall] include:
13-10                (1)  personnel policies, including policies relating to
13-11    recruitment, evaluation, selection, training, and promotion of
13-12    personnel, that show the intent of the commission to avoid the
13-13    unlawful employment practices described by Chapter 21, Labor Code
13-14    [a comprehensive analysis which meets federal and state guidelines
13-15    of all the agency's work force by race, sex, ethnic origin, class
13-16    of position, and salary or wages]; and
13-17                (2)  an analysis of the extent to which the composition
13-18    of the commission's personnel is in accordance with state and
13-19    federal law and a description of reasonable methods to achieve
13-20    compliance with state and federal law [plans for recruitment,
13-21    evaluation, selection, appointment, training, promotion, and other
13-22    personnel policies;]
13-23                [(3)  procedures by which a determination can be made
13-24    of significant underutilization in the agency work force of all
13-25    persons for whom federal and state guidelines encourage a more
13-26    equitable balance and steps reasonably designed to overcome any
13-27    identified underutilization; and]
 14-1                [(4)  objectives and goals, with appropriate timetables
 14-2    for the achievement of the objectives and goals, assignments of
 14-3    responsibility for their achievement, and an appropriate program
 14-4    for reviewing and maintaining these goals and objectives once
 14-5    achieved].
 14-6          (e)  The policy statement must:
 14-7                (1)  be updated annually;
 14-8                (2)  be reviewed by the state Commission on Human
 14-9    Rights for compliance with Subsection (d)(1); and
14-10                (3)  be filed with the governor's office.
14-11          (f)  The executive director or the executive director's
14-12    designee shall provide to members of the commission and to
14-13    commission employees, as often as necessary, information regarding
14-14    the requirements for office or employment under this chapter,
14-15    including information regarding a person's responsibilities under
14-16    applicable laws relating to standards of conduct for state officers
14-17    or employees.
14-18          SECTION 12.  Section 81.014, Human Resources Code, is amended
14-19    by amending Subsections (c) and (d) and adding Subsections (e) and
14-20    (f) to read as follows:
14-21          (c)  The [If a written complaint is filed with the commission
14-22    relating to a person or entity regulated by the commission, the]
14-23    commission, at least [as frequently as] quarterly [and] until final
14-24    disposition of the complaint, shall notify the person filing the
14-25    complaint and each person who is a subject of the complaint
14-26    [parties to the complaint] of the status of the investigation
14-27    [complaint] unless the notice would jeopardize an undercover
 15-1    investigation.
 15-2          (d)  The commission shall maintain a [keep an information]
 15-3    file on [about] each written complaint filed with the commission
 15-4    [relating to a person or entity regulated by the commission].  The
 15-5    file must include:
 15-6                (1)  the name of the person who filed the complaint;
 15-7                (2)  the date the complaint is received by the
 15-8    commission;
 15-9                (3)  the subject matter of the complaint;
15-10                (4)  the name of each person contacted in relation to
15-11    the complaint;
15-12                (5)  a summary of the results of the review or
15-13    investigation of the complaint; and
15-14                (6)  an explanation of the reason the file was closed,
15-15    if the commission closed the file without taking action other than
15-16    to investigate the complaint.
15-17          (e)  The commission shall provide to the person filing the
15-18    complaint and to each person who is a subject of the complaint a
15-19    copy of the commission's policies and procedures relating to
15-20    complaint investigation and resolution.
15-21          (f)  The commission shall adopt rules to establish reasonable
15-22    time limits for the resolution of complaints.
15-23          SECTION 13.  The changes in law made by this Act in the
15-24    qualifications of, and the prohibitions applying to, members of the
15-25    Texas Commission for the Deaf and Hard of Hearing do not affect the
15-26    entitlement of a member serving on the commission immediately
15-27    before September 1, 1999, to continue to carry out the functions of
 16-1    the commission for the remainder of the member's term.  The changes
 16-2    in law apply only to a member appointed on or after September 1,
 16-3    1999.
 16-4          SECTION 14.  This Act takes effect September 1, 1999.
 16-5          SECTION 15.  The importance of this legislation and the
 16-6    crowded condition of the calendars in both houses create an
 16-7    emergency and an imperative public necessity that the
 16-8    constitutional rule requiring bills to be read on three several
 16-9    days in each house be suspended, and this rule is hereby suspended.