1-1 By: Gray, et al. (Senate Sponsor - Harris) H.B. No. 1401
1-2 (In the Senate - Received from the House April 8, 1999;
1-3 April 9, 1999, read first time and referred to Committee on Health
1-4 Services; April 28, 1999, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; April 28, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the continuation and functions of the Texas Commission
1-9 for the Deaf and Hard of Hearing.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 81.002, Human Resources Code, is amended
1-12 by amending Subsections (d) and (e) and adding Subsection (g) to
1-13 read as follows:
1-14 (d) A person may not be a member of the commission and may
1-15 not be a commission employee employed in a "bona fide executive,
1-16 administrative, or professional capacity," as that phrase is used
1-17 for purposes of establishing an exemption to the overtime
1-18 provisions of the federal Fair Labor Standards Act of 1938 (29
1-19 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
1-20 (1) the person is an officer, employee, or paid
1-21 consultant of a Texas trade association in the field of services
1-22 for people who are deaf or hard of hearing; or
1-23 (2) the person's spouse is an officer, manager, or
1-24 paid consultant of a Texas trade association in the field of
1-25 services for people who are deaf or hard of hearing. [An officer,
1-26 employee, or paid consultant of an association representing the
1-27 interests of persons who are deaf or hard of hearing may not be a
1-28 member or employee of the commission, nor may a person who cohabits
1-29 with or is the spouse of an officer, managerial employee, or paid
1-30 consultant of an association representing the interests of persons
1-31 who are deaf or hard of hearing be a member of the commission or an
1-32 employee of the commission grade 17 and over, including exempt
1-33 employees, according to the position classification schedule under
1-34 the General Appropriations Act.]
1-35 (e) A person may not be a member of the commission or act as
1-36 the general counsel to the commission if the person is required to
1-37 register as a lobbyist under Chapter 305, Government Code, because
1-38 of the person's activities for compensation on behalf of a
1-39 profession related to the operation of [who is required to register
1-40 as a lobbyist under Chapter 305, Government Code, by virtue of his
1-41 activities for compensation in or on behalf of a profession related
1-42 to the operation of the commission, may not serve as a member of
1-43 the commission or act as the general counsel to] the commission.
1-44 (g) In this section, "Texas trade association" means a
1-45 cooperative and voluntarily joined association of business or
1-46 professional competitors in this state designed to assist its
1-47 members and its industry or profession in dealing with mutual
1-48 business or professional problems and in promoting their common
1-49 interest.
1-50 SECTION 2. Section 81.0021(c), Human Resources Code, is
1-51 amended to read as follows:
1-52 (c) If the executive director has knowledge that a potential
1-53 ground for removal exists, he shall notify the chairman of the
1-54 commission of such ground. The chairman of the commission shall
1-55 then notify the governor and the attorney general that a potential
1-56 ground for removal exists. If the potential ground for removal
1-57 involves the chairman, the executive director shall notify the next
1-58 highest ranking officer of the commission, who shall then notify
1-59 the governor and the attorney general that a potential ground for
1-60 removal exists.
1-61 SECTION 3. Chapter 81, Human Resources Code, is amended by
1-62 adding Section 81.0022 to read as follows:
1-63 Sec. 81.0022. TRAINING. (a) A person who is appointed to
1-64 and qualifies for office as a member of the commission may not
2-1 vote, deliberate, or be counted as a member in attendance at a
2-2 meeting of the commission until the person completes a training
2-3 program that complies with this section.
2-4 (b) The training program must provide the person with
2-5 information regarding:
2-6 (1) the legislation that created the commission;
2-7 (2) the programs operated by the commission;
2-8 (3) the role and functions of the commission;
2-9 (4) the rules of the commission, with an emphasis on
2-10 the rules that relate to disciplinary and investigatory authority;
2-11 (5) the current budget for the commission;
2-12 (6) the results of the most recent formal audit of the
2-13 commission;
2-14 (7) the requirements of:
2-15 (A) the open meetings law, Chapter 551,
2-16 Government Code;
2-17 (B) the public information law, Chapter 552,
2-18 Government Code;
2-19 (C) the administrative procedure law, Chapter
2-20 2001, Government Code; and
2-21 (D) other laws relating to public officials,
2-22 including conflict-of-interest laws; and
2-23 (8) any applicable ethics policies adopted by the
2-24 commission or the Texas Ethics Commission.
2-25 (c) A person appointed to the commission is entitled to
2-26 reimbursement, as provided by the General Appropriations Act, for
2-27 the travel expenses incurred in attending the training program
2-28 regardless of whether the attendance at the program occurs before
2-29 or after the person qualifies for office.
2-30 SECTION 4. Section 81.004, Human Resources Code, is amended
2-31 to read as follows:
2-32 Sec. 81.004. SUNSET PROVISION. The Texas Commission for the
2-33 Deaf and Hard of Hearing is subject to Chapter 325, Government Code
2-34 (Texas Sunset Act). Unless the commission is continued in existence
2-35 as provided by that chapter, the commission is abolished and this
2-36 chapter expires September 1, 2011 [1999].
2-37 SECTION 5. Section 81.005(b), Human Resources Code, is
2-38 amended to read as follows:
2-39 (b) The commission shall hold at least six meetings a year.
2-40 The [During at least one of those meetings, the] commission shall
2-41 receive public comment on the operations of the commission and the
2-42 concerns of the deaf or hard of hearing community. The commission
2-43 shall develop and implement policies that will provide the public
2-44 with a reasonable opportunity to appear before the commission and
2-45 to speak on any issue under the jurisdiction of the commission.
2-46 SECTION 6. Section 81.006, Human Resources Code, is amended
2-47 to read as follows:
2-48 Sec. 81.006. DUTIES AND POWERS. (a) The commission shall:
2-49 (1) develop and implement a statewide program of
2-50 advocacy and education to ensure continuity of services to persons
2-51 who are deaf or hard of hearing;
2-52 (2) provide direct services to persons who are deaf or
2-53 hard of hearing, including communication access [interpreter
2-54 services], information and referral services, advocacy services,
2-55 services to elderly persons who are deaf or hard of hearing, and
2-56 training in accessing basic life skills;
2-57 (3) work to ensure more effective coordination and
2-58 cooperation among public and nonprofit organizations providing
2-59 social and educational services to individuals who are deaf or hard
2-60 of hearing;
2-61 (4) maintain a registry of available interpreters for
2-62 persons who are deaf or hard of hearing by updating the registry at
2-63 least quarterly and making the registry available to interested
2-64 persons at cost;
2-65 (5) establish a system to approve and provide courses
2-66 and workshops for the instruction and continuing education of
2-67 interpreters for persons who are deaf or hard of hearing;
2-68 (6) annually adopt by rule a schedule of fees, payable
2-69 by the commission for interpreter services with graduated fee
3-1 amounts, that:
3-2 (A) reflects the skill level of the interpreter;
3-3 and
3-4 (B) applies only when the commission determines
3-5 that there is not sufficient competition among interpreter services
3-6 within a particular service region to provide interpreter services
3-7 at a fair market price [annually review the schedule of fees
3-8 recommended by the commission for the payment of interpreters and,
3-9 as a result of the findings of the review and other relevant
3-10 information, adopt by rule a schedule of maximum allowable hourly
3-11 fees to be paid to interpreters with varied levels of skill by a
3-12 state agency, court, or a political subdivision of the state];
3-13 (7) assist institutions of higher education in
3-14 initiating training programs for interpreters and develop
3-15 guidelines for instruction to promote uniformity of signs taught
3-16 within those programs; and
3-17 (8) with the assistance of the Texas Education Agency,
3-18 develop standards for evaluation of the programs described by
3-19 Subdivision (7).
3-20 (b) The commission may:
3-21 (1) appoint one or more advisory committees to consult
3-22 with and advise the commission;
3-23 (2) charge and collect authorized fees and accept
3-24 gifts, grants, and donations of money, personal property, or real
3-25 property for use in expanding and improving services to persons of
3-26 this state who are deaf or hard of hearing;
3-27 (3) adopt rules necessary to implement this chapter;
3-28 (4) contract with or provide grants to agencies,
3-29 organizations, or individuals as necessary to implement this
3-30 chapter; [and]
3-31 (5) charge and collect a fee for training interpreters
3-32 in a reasonable amount to be set by the commission to defray the
3-33 cost of conducting the training;
3-34 (6) develop guidelines for trilingual interpreter
3-35 services; and
3-36 (7) provide training programs for persons who provide
3-37 trilingual interpreter services.
3-38 (c) The schedule of fees adopted under Subsection (a)(6)
3-39 shall be adopted by other state agencies. If the commission
3-40 determines by rule that certificates issued to interpreters by
3-41 different entities represent equivalent skill levels, the fees
3-42 recommended for the payment of interpreters holding those
3-43 certificates must be equivalent. On request, the commission shall
3-44 send a copy of the fee schedule to a governmental entity.
3-45 (d) The commission shall file annually with the governor and
3-46 the presiding officer of each house of the legislature a complete
3-47 and detailed written report accounting for all funds received and
3-48 disbursed by the commission during the preceding year. The form of
3-49 the annual report and the reporting time shall be that provided in
3-50 the General Appropriations Act.
3-51 (e) [The commission shall provide to its members and
3-52 employees as often as is necessary information regarding their
3-53 qualifications under this chapter and their responsibilities under
3-54 applicable laws relating to standards of conduct for state officers
3-55 or employees.]
3-56 [(f)] The commission shall develop and implement policies
3-57 that clearly define the respective responsibilities of the
3-58 governing body of the commission and the staff of the commission.
3-59 (f) [(g)] The commission shall establish and charge
3-60 reasonable fees for some or all commission publications to cover
3-61 the commission's publication costs. However, the commission shall
3-62 waive the fee if a person who is deaf or hard of hearing is
3-63 financially unable to pay for the publication, and may waive the
3-64 fees for publications provided to certain entities. The commission
3-65 shall adopt rules to implement this subsection. The rules must
3-66 specify the standards used for determining ability to pay for a
3-67 publication and must specify the types of entities for which the
3-68 fees will be waived.
3-69 SECTION 7. Section 81.007, Human Resources Code, is amended
4-1 by amending Subsections (f), (g), and (k) and adding Subsection (l)
4-2 to read as follows:
4-3 (f) The commission may waive any prerequisite to obtaining a
4-4 certificate [certification requirement] for an applicant after
4-5 reviewing the applicant's credentials and determining that the
4-6 applicant holds a certificate issued by another jurisdiction that
4-7 has [with a valid certificate from another state having]
4-8 certification requirements substantially equivalent to those of
4-9 this state. The commission may waive any prerequisite to obtaining
4-10 a certificate for an applicant who holds a certificate issued by
4-11 another jurisdiction with which this state has a reciprocity
4-12 agreement. The commission may make an agreement, subject to the
4-13 approval of the governor, with another state to allow for
4-14 certification by reciprocity.
4-15 (g) The commission by rule may adopt a system under which
4-16 certificates expire on various dates during the year. For the year
4-17 in which the certificate expiration date is changed, the
4-18 commission shall prorate certificate fees on a monthly basis so
4-19 that each certificate holder pays only that portion of the
4-20 certificate fee that is allocable to the number of months during
4-21 which the certificate is valid. On renewal of the certificate on
4-22 the new expiration date, the total certificate renewal fee is
4-23 payable.
4-24 (k) The commission shall compensate an evaluator[,] based on
4-25 a fee [the following] schedule as determined by commission rule[:]
4-26 [(1) $25 for each candidate evaluated for Level I
4-27 certification;]
4-28 [(2) $35 for each candidate evaluated for Level III
4-29 certification;]
4-30 [(3) $40 for each candidate evaluated for Level IV
4-31 certification; and]
4-32 [(4) $45 for each candidate evaluated for Level V
4-33 certification].
4-34 (l) The commission shall recognize, prepare, or administer
4-35 continuing education programs for its certificate holders. A
4-36 certificate holder must participate in the programs to the extent
4-37 required by the commission to keep the person's certificate.
4-38 SECTION 8. Section 81.0071, Human Resources Code, is amended
4-39 by amending Subsection (a) and adding Subsection (c) to read as
4-40 follows:
4-41 (a) Not later than the 60th day after the date [day] on
4-42 which a certification examination is administered under this
4-43 chapter, the commission shall notify each examinee of the results
4-44 of the examination. However, if an examination is graded or
4-45 reviewed by a national testing service, the commission shall notify
4-46 examinees of the results of the examination not later than the 14th
4-47 day after the date [day] on which the commission receives the
4-48 results from the testing service. If the notice of the examination
4-49 results will be delayed for longer than 90 days after the
4-50 examination date, the commission shall notify each examinee of the
4-51 reason for the delay before the 90th day.
4-52 (c) The commission may require a testing service to notify a
4-53 person of the results of the person's examination.
4-54 SECTION 9. Chapter 81, Human Resources Code, is amended by
4-55 adding Section 81.0073 to read as follows:
4-56 Sec. 81.0073. CERTIFICATE RENEWAL. (a) A person who is
4-57 otherwise eligible to renew a certificate may renew an unexpired
4-58 certificate by paying the required renewal fee to the commission
4-59 before the expiration date of the certificate. A person whose
4-60 certificate has expired may not engage in activities that require a
4-61 certificate until the certificate has been renewed.
4-62 (b) A person whose certificate has been expired for 90 days
4-63 or less may renew the certificate by paying to the commission a
4-64 renewal fee that is equal to 1-1/2 times the normally required
4-65 renewal fee.
4-66 (c) A person whose certificate has been expired for more
4-67 than 90 days but less than one year may renew the certificate by
4-68 paying to the commission a renewal fee that is equal to two times
4-69 the normally required renewal fee.
5-1 (d) A person whose certificate has been expired for one year
5-2 or more may not renew the certificate. The person may obtain a new
5-3 certificate by complying with the requirements and procedures,
5-4 including the examination requirements, for obtaining an original
5-5 certificate.
5-6 (e) A person who was certified in this state, moved to
5-7 another state, and is currently certified and has been in practice
5-8 in the other state for the two years preceding the date of
5-9 application may obtain a new certificate without reexamination.
5-10 The person must pay to the commission a fee that is equal to two
5-11 times the normally required renewal fee for the certificate.
5-12 (f) Not later than the 30th day before the date a person's
5-13 certificate is scheduled to expire, the commission shall send
5-14 written notice of the impending expiration to the person at the
5-15 person's last known address according to the records of the
5-16 commission.
5-17 SECTION 10. Chapter 81, Human Resources Code, is amended by
5-18 adding Section 81.0074 to read as follows:
5-19 Sec. 81.0074. PROVISIONAL CERTIFICATE. (a) The commission
5-20 may issue a provisional certificate to an applicant currently
5-21 certified in another jurisdiction who seeks a certificate in this
5-22 state and who:
5-23 (1) has been certified in good standing as an
5-24 interpreter for at least two years in another jurisdiction,
5-25 including a foreign country, that has certification requirements
5-26 substantially equivalent to the requirements of this chapter;
5-27 (2) has passed a national or other examination
5-28 recognized by the commission relating to the practice of
5-29 interpretation for people who are deaf or hard of hearing; and
5-30 (3) is sponsored by a person certified by the
5-31 commission under this chapter with whom the provisional certificate
5-32 holder will practice during the time the person holds a provisional
5-33 certificate.
5-34 (b) The commission may waive the requirement of Subsection
5-35 (a)(3) for an applicant if the commission determines that
5-36 compliance with that subsection would be a hardship to the
5-37 applicant.
5-38 (c) A provisional certificate is valid until the date the
5-39 commission approves or denies the provisional certificate holder's
5-40 application for a certificate. The commission shall issue a
5-41 certificate under this chapter to the provisional certificate
5-42 holder if:
5-43 (1) the provisional certificate holder is eligible to
5-44 be certified under Section 81.007(f); or
5-45 (2) the provisional certificate holder passes the part
5-46 of the examination under this chapter that relates to the
5-47 applicant's knowledge and understanding of the laws and rules
5-48 relating to the practice of interpretation for people who are deaf
5-49 or hard of hearing in this state, and:
5-50 (A) the commission verifies that the provisional
5-51 certificate holder meets the academic and experience requirements
5-52 for a certificate under this chapter; and
5-53 (B) the provisional certificate holder satisfies
5-54 any other certification requirements under this chapter.
5-55 (d) The commission must approve or deny a provisional
5-56 certificate holder's application for a certificate not later than
5-57 the 180th day after the date the provisional certificate is issued.
5-58 The commission may extend the 180-day period if the results of an
5-59 examination have not been received by the commission before the end
5-60 of that period.
5-61 (e) The commission may establish a fee for provisional
5-62 certificates in an amount reasonable and necessary to cover the
5-63 cost of issuing the certificate.
5-64 SECTION 11. Section 81.008, Human Resources Code, is amended
5-65 by amending Subsection (d) and adding Subsections (e) and (f) to
5-66 read as follows:
5-67 (d) The executive director or the executive director's [his
5-68 or her] designee shall prepare and maintain a written policy
5-69 statement [plan] to assure implementation of a program of equal
6-1 employment opportunity whereby all personnel transactions are made
6-2 without regard to race, color, disability [handicap], sex,
6-3 religion, age, or national origin. The policy statement must [plan
6-4 shall] include:
6-5 (1) personnel policies, including policies relating to
6-6 recruitment, evaluation, selection, training, and promotion of
6-7 personnel, that show the intent of the commission to avoid the
6-8 unlawful employment practices described by Chapter 21, Labor Code
6-9 [a comprehensive analysis which meets federal and state guidelines
6-10 of all the agency's work force by race, sex, ethnic origin, class
6-11 of position, and salary or wages]; and
6-12 (2) an analysis of the extent to which the composition
6-13 of the commission's personnel is in accordance with state and
6-14 federal law and a description of reasonable methods to achieve
6-15 compliance with state and federal law [plans for recruitment,
6-16 evaluation, selection, appointment, training, promotion, and other
6-17 personnel policies;]
6-18 [(3) procedures by which a determination can be made
6-19 of significant underutilization in the agency work force of all
6-20 persons for whom federal and state guidelines encourage a more
6-21 equitable balance and steps reasonably designed to overcome any
6-22 identified underutilization; and]
6-23 [(4) objectives and goals, with appropriate timetables
6-24 for the achievement of the objectives and goals, assignments of
6-25 responsibility for their achievement, and an appropriate program
6-26 for reviewing and maintaining these goals and objectives once
6-27 achieved].
6-28 (e) The policy statement must:
6-29 (1) be updated annually;
6-30 (2) be reviewed by the state Commission on Human
6-31 Rights for compliance with Subsection (d)(1); and
6-32 (3) be filed with the governor's office.
6-33 (f) The executive director or the executive director's
6-34 designee shall provide to members of the commission and to
6-35 commission employees, as often as necessary, information regarding
6-36 the requirements for office or employment under this chapter,
6-37 including information regarding a person's responsibilities under
6-38 applicable laws relating to standards of conduct for state officers
6-39 or employees.
6-40 SECTION 12. Section 81.014, Human Resources Code, is amended
6-41 by amending Subsections (c) and (d) and adding Subsections (e) and
6-42 (f) to read as follows:
6-43 (c) The [If a written complaint is filed with the commission
6-44 relating to a person or entity regulated by the commission, the]
6-45 commission, at least [as frequently as] quarterly [and] until final
6-46 disposition of the complaint, shall notify the person filing the
6-47 complaint and each person who is a subject of [parties to] the
6-48 complaint of the status of the investigation [complaint] unless the
6-49 notice would jeopardize an undercover investigation.
6-50 (d) The commission shall maintain a [keep an information]
6-51 file on [about] each written complaint filed with the commission
6-52 [relating to a person or entity regulated by the commission]. The
6-53 file must include:
6-54 (1) the name of the person who filed the complaint;
6-55 (2) the date the complaint is received by the
6-56 commission;
6-57 (3) the subject matter of the complaint;
6-58 (4) the name of each person contacted in relation to
6-59 the complaint;
6-60 (5) a summary of the results of the review or
6-61 investigation of the complaint; and
6-62 (6) an explanation of the reason the file was closed,
6-63 if the commission closed the file without taking action other than
6-64 to investigate the complaint.
6-65 (e) The commission shall provide to the person filing the
6-66 complaint and to each person who is a subject of the complaint a
6-67 copy of the commission's policies and procedures relating to
6-68 complaint investigation and resolution.
6-69 (f) The commission shall adopt rules to establish reasonable
7-1 time limits for the resolution of complaints.
7-2 SECTION 13. Section 81.017(a), Human Resources Code, is
7-3 amended to read as follows:
7-4 (a) The commission and each of the following agencies shall
7-5 adopt [by rule] a memorandum of understanding to coordinate the
7-6 delivery of services to persons who are deaf or hard of hearing and
7-7 to reduce duplication of services:
7-8 (1) the Texas Department of Human Services;
7-9 (2) the Texas Department of Mental Health and Mental
7-10 Retardation;
7-11 (3) the Texas Workforce Commission;
7-12 (4) the Texas Department of Health;
7-13 (5) the Texas Higher Education Coordinating Board;
7-14 (6) the Texas Education Agency;
7-15 (7) the Texas Department on Aging;
7-16 (8) the Texas School for the Deaf;
7-17 (9) the Texas Rehabilitation Commission;
7-18 (10) the institutional division of the Texas
7-19 Department of Criminal Justice; and
7-20 (11) any other state agency involved in providing
7-21 services to persons who are deaf or hard of hearing.
7-22 SECTION 14. Section 81.019(b), Human Resources Code, is
7-23 amended to read as follows:
7-24 (b) A person who is deaf or hard of hearing may apply to the
7-25 commission for the symbol or other device. The commission may
7-26 require acceptable medical proof that a person is deaf or hard of
7-27 hearing and may set a fee[, not to exceed $2] for each device[,] to
7-28 defray the costs of administering this section.
7-29 SECTION 15. Chapter 81, Human Resources Code, is amended by
7-30 adding Section 81.020 to read as follows:
7-31 Sec. 81.020. ASSISTANCE REGARDING TELECOMMUNICATIONS
7-32 DEVICES. The commission may not advertise, distribute, or publish
7-33 the name or address or other related information received by the
7-34 commission about an individual who applies for assistance regarding
7-35 telecommunications devices.
7-36 SECTION 16. The changes in law made by this Act in the
7-37 qualifications of, and the prohibitions applying to, members of the
7-38 Texas Commission for the Deaf and Hard of Hearing do not affect the
7-39 entitlement of a member serving on the commission immediately
7-40 before September 1, 1999, to continue to carry out the functions of
7-41 the commission for the remainder of the member's term. The changes
7-42 in law apply only to a member appointed on or after September 1,
7-43 1999.
7-44 SECTION 17. This Act takes effect September 1, 1999.
7-45 SECTION 18. The importance of this legislation and the
7-46 crowded condition of the calendars in both houses create an
7-47 emergency and an imperative public necessity that the
7-48 constitutional rule requiring bills to be read on three several
7-49 days in each house be suspended, and this rule is hereby suspended.
7-50 * * * * *