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                                  * * * * *