76R9915 AJA-D                           
         By Gray, Bosse, McCall, Naishtat                      H.B. No. 1402
         Substitute the following for H.B. No. 1402:
         By Naishtat                                       C.S.H.B. No. 1402
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the continuation and functions of the Texas
 1-3     Rehabilitation Commission.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 111.002, Human Resources Code, is amended
 1-6     by amending Subdivision (7) and adding Subdivision (8) to read as
 1-7     follows:
 1-8                 (7)  "Extended rehabilitation services program" means a
 1-9     program that provides rehabilitation services to an individual with
1-10     a significant [severe] disability who is not capable of entering
1-11     the competitive labor market but who may achieve maximum personal
1-12     independence through the provision of rehabilitation services.
1-13                 (8)  "Board" means the board of the Texas
1-14     Rehabilitation Commission.
1-15           SECTION 2.  Section 111.012, Human Resources Code, is amended
1-16     to read as follows:
1-17           Sec. 111.012.  SUNSET PROVISION.  The Texas Rehabilitation
1-18     Commission is subject to Chapter 325, Government Code (Texas Sunset
1-19     Act).  Unless continued in existence as provided by that chapter,
1-20     the commission is abolished and this chapter expires September 1,
1-21     2011 [1999].
1-22           SECTION 3.  Section 111.013(b), Human Resources Code, is
1-23     amended to read as follows:
1-24           (b)  Appointees must be outstanding citizens of the state who
 2-1     are members of the general public and have demonstrated a
 2-2     constructive interest in rehabilitation services.  Appointments to
 2-3     the board shall be made without regard to the race, color,
 2-4     disability [handicap], sex, religion, age, or national origin of
 2-5     the appointees.  A person is not eligible for appointment as a
 2-6     board member if the person or the person's spouse:
 2-7                 (1)  is employed by or participates in the management
 2-8     of a business entity or other organization regulated by the agency
 2-9     or receiving funds from the commission;
2-10                 (2)  owns, controls, or has, directly or indirectly,
2-11     more than a 10 percent interest in a business entity or other
2-12     organization regulated by the agency or receiving funds from the
2-13     commission; or
2-14                 (3)  uses or receives a substantial amount of tangible
2-15     goods, services, or funds from the commission.
2-16           SECTION 4.  Section 111.0131, Human Resources Code, is
2-17     amended to read as follows:
2-18           Sec. 111.0131.  REMOVAL OF BOARD MEMBERS.  (a)  It is a
2-19     ground for removal from the board that [if] a member:
2-20                 (1)  does not have at the time of taking office
2-21     [appointment] the qualifications required by [Subsection (b) of]
2-22     Section 111.013(b) [111.013 of this code] for appointment to the
2-23     board;
2-24                 (2)  does not maintain during [the] service on the
2-25     board the qualifications required by [Subsection (b) of] Section
2-26     111.013(b) [111.013] for appointment to the board;
2-27                 (3)  is ineligible for membership under Section 111.013
 3-1     or [violates a prohibition established by Section] 111.025 [of this
 3-2     code];
 3-3                 (4)  cannot, because of illness or disability, [is
 3-4     unable to] discharge the member's [his] duties for a substantial
 3-5     part [portion] of the member's term [for which he was appointed
 3-6     because of illness or disability]; or
 3-7                 (5)  is absent from more than half of the regularly
 3-8     scheduled board meetings that the member is eligible to attend
 3-9     during a [each] calendar year without an excuse approved by a [,
3-10     except when the absence is excused by] majority vote of the board.
3-11           (b)  The validity of an action of the board is not affected
3-12     by the fact that it is [was] taken when a ground for removal of a
3-13     board  member exists [of the board existed].
3-14           (c)  If the commissioner has knowledge that a potential
3-15     ground for removal exists, the commissioner [he] shall notify the
3-16     chairman of the board of the potential ground.  The chairman of the
3-17     board shall then notify the governor and the attorney general that
3-18     a potential ground for removal exists.  If the potential ground for
3-19     removal involves the presiding officer, the commissioner shall
3-20     notify the next highest ranking officer of the board, who shall
3-21     then notify the governor and the attorney general that a potential
3-22     ground for removal exists.
3-23           SECTION 5.  Subchapter B, Chapter 111, Human Resources Code,
3-24     is amended by adding Section 111.0132 to read as follows:
3-25           Sec. 111.0132.  TRAINING OF BOARD MEMBERS.  (a)  A person who
3-26     is appointed to and qualifies for office as a member of the board
3-27     may not vote, deliberate, or be counted as a member in attendance
 4-1     at a meeting of the board until the person completes a training
 4-2     program that complies with this section.
 4-3           (b)  The training program must provide the person with
 4-4     information regarding:
 4-5                 (1)  the legislation that created the commission and
 4-6     the board;
 4-7                 (2)  the programs operated by the commission;
 4-8                 (3)  the role and functions of the commission;
 4-9                 (4)  the rules of the commission with an emphasis on
4-10     the rules that relate to disciplinary and investigatory authority;
4-11                 (5)  the current budget for the commission;
4-12                 (6)  the results of the most recent formal audit of the
4-13     commission;
4-14                 (7)  the requirements of:
4-15                       (A)  the open meetings law, Chapter 551,
4-16     Government Code;
4-17                       (B)  the public information law, Chapter 552,
4-18     Government Code;
4-19                       (C)  the administrative procedure law, Chapter
4-20     2001, Government Code; and
4-21                       (D)  other laws relating to public officials,
4-22     including conflict of interest laws; and
4-23                 (8)  any applicable ethics policies adopted by the
4-24     commission or the Texas Ethics Commission.
4-25           (c)  A person appointed to the board is entitled to
4-26     reimbursement, as provided by the General Appropriations Act, for
4-27     the travel expenses incurred in attending the training program
 5-1     regardless of whether the attendance at the program occurs before
 5-2     or after the person qualifies for office.
 5-3           SECTION 6.  Section 111.016, Human Resources Code, is amended
 5-4     to read as follows:
 5-5           Sec. 111.016.  REHABILITATION [ADVISORY] COUNCIL OF TEXAS.
 5-6     The Rehabilitation [Advisory] Council of Texas is created by this
 5-7     section in accordance with the federal Rehabilitation Act
 5-8     Amendments of 1992, Pub. L. 102-569, and the federal Rehabilitation
 5-9     Act Amendments of 1998, Pub. L. 105-220.  The board shall adopt
5-10     rules for the implementation of regulations and the administration
5-11     of the council.
5-12           SECTION 7.  Subchapter B, Chapter 111, Human Resources Code,
5-13     is amended by adding Section 111.0161 to read as follows:
5-14           Sec. 111.0161.  ADVISORY COMMITTEES REPORT TO BOARD.
5-15     (a)  Each advisory committee established by law or rule to advise
5-16     the commission shall report to and advise the board on the
5-17     committee's activities and the results of the committee's work.
5-18     For the purpose of performing its advisory functions, each
5-19     committee shall work with the commissioner, the commission's staff,
5-20     and the board.
5-21           (b)  The board shall adopt rules to implement this section.
5-22           SECTION 8.  Section 111.017, Human Resources Code, is amended
5-23     to read as follows:
5-24           Sec. 111.017.  COMMISSIONER.  [This chapter is administered
5-25     by the commissioner under operational policies established by the
5-26     board.]  The commissioner is appointed by the board, with the
5-27     approval of the governor, and [on the basis of education, training,
 6-1     experience, and demonstrated ability.  The commissioner] serves at
 6-2     the pleasure of the board.  The commissioner is the executive head
 6-3     of the agency [and is secretary to the board, as well as chief
 6-4     administrative officer of the agency].
 6-5           SECTION 9.  Section 111.018, Human Resources Code, is amended
 6-6     to read as follows:
 6-7           Sec. 111.018.  ADMINISTRATIVE REGULATIONS AND POLICIES.  (a)
 6-8     The board shall:
 6-9                 (1)  adopt policies and rules to effectively carry out
6-10     the purposes of this chapter; and
6-11                 (2)  supervise the commissioner's administration of
6-12     this chapter.
6-13           (b)  In carrying out his or her duties under this chapter,
6-14     the commissioner shall, with the approval of the board, implement
6-15     policies addressing [make regulations governing] personnel
6-16     standards, the protection of records and confidential information,
6-17     the manner and form of filing applications, eligibility,
6-18     investigation, and determination for rehabilitation and other
6-19     services, procedures for hearings, and other regulations subject to
6-20     this section as necessary to carry out the purposes of this
6-21     chapter.
6-22           (c) [(b)]  The commissioner shall develop a career ladder
6-23     program, one part of which must require the posting throughout the
6-24     commission of all nonentry level positions concurrently with any
6-25     public posting.
6-26           (d) [(c)]  The commissioner shall develop a system of annual
6-27     performance evaluations based on measurable job tasks.  All merit
 7-1     pay for employees must be based on the system established under
 7-2     this subsection.
 7-3           (e) [(d)]  The board shall provide to its members and
 7-4     employees as often as is necessary information regarding their
 7-5     qualifications under this chapter and their responsibilities under
 7-6     applicable laws relating to standards of conduct for state officers
 7-7     or employees.
 7-8           (f) [(e)]  The board shall develop and implement policies
 7-9     that clearly separate the policymaking [respective]
7-10     responsibilities of the board and the management responsibilities
7-11     of [,] the commissioner and staff of the commission.  The board may
7-12     delegate to the commissioner, or to a person acting as commissioner
7-13     in the commissioner's absence, any power or duty imposed on the
7-14     board or commission by law except that the board may not delegate
7-15     the power to adopt rules.  The delegation of a power or duty must
7-16     be in writing.  Any delegation of the board's authority must be
7-17     adopted by the board in a public meeting [, and the other
7-18     employees].
7-19           (g) [(f)]  The commissioner or the commissioner's designee
7-20     shall prepare and maintain a written policy statement that
7-21     implements [to assure implementation of] a program of equal
7-22     employment opportunity to ensure that [whereby] all personnel
7-23     decisions [transactions] are made without regard to race, color,
7-24     disability [handicap], sex, religion, age, or national origin.  The
7-25     policy statement must include:
7-26                 (1)  personnel policies, including policies relating to
7-27     recruitment, evaluation, selection, [appointment,] training, and
 8-1     promotion of personnel, that show the intent of the commission to
 8-2     avoid the unlawful employment practices described by Chapter 21,
 8-3     Labor Code; and
 8-4                 (2)  an analysis of the extent to which the composition
 8-5     of the commission's personnel is in accordance with state and
 8-6     federal law and a description of reasonable methods to achieve
 8-7     compliance with state and federal law [;]
 8-8                 [(2)  a comprehensive analysis of the commission's work
 8-9     force that meets federal and state guidelines;]
8-10                 [(3)  procedures by which a determination can be made
8-11     of significant underuse in the agency work force of all persons for
8-12     whom federal or state guidelines encourage a more equitable
8-13     balance; and]
8-14                 [(4)  reasonable methods to address appropriately areas
8-15     of significant underuse in the agency work force of all persons for
8-16     whom federal or state guidelines encourage a more equitable
8-17     balance].
8-18           (h)  The policy statement must:
8-19                 (1)  be updated annually;
8-20                 (2)  be reviewed by the state Commission on Human
8-21     Rights for compliance with Subsection (g)(1); and
8-22                 (3)  be filed with the governor's office  [(g)  The
8-23     policy statement required by Subsection (f) of this section shall
8-24     be filed with the governor's office before November 1 of each year
8-25     and shall cover the preceding annual period.  The governor's office
8-26     shall develop from the information submitted a biennial report to
8-27     the legislature.  The report may be made separately or as a part of
 9-1     other biennial reports made to the legislature].
 9-2           SECTION 10.  Section 111.019, Human Resources Code, is
 9-3     amended to read as follows:
 9-4           Sec. 111.019.  PLANNING.  The commission [commissioner]
 9-5     shall[, with the approval of the board,] make long-range and
 9-6     intermediate plans for the scope and development of the program and
 9-7     make decisions regarding the allocation of resources in carrying
 9-8     out the plans.
 9-9           SECTION 11.  Section 111.021, Human Resources Code, is
9-10     amended by adding Subsection (c) to read as follows:
9-11           (c)  The commission shall post on the Internet in an
9-12     accessible format the reports required under this section and any
9-13     other agency performance data required to be reported to this state
9-14     or the federal government.  If a report or performance data
9-15     contains confidential information, the commission shall remove the
9-16     confidential information before posting the report or performance
9-17     data.
9-18           SECTION 12.  Section 111.022, Human Resources Code, is
9-19     amended to read as follows:
9-20           Sec. 111.022.  DISBURSEMENT OF FUNDS.  The commission
9-21     [commissioner] shall make certification for disbursement, in
9-22     accordance with regulations, of funds available for carrying out
9-23     the purposes of this chapter.
9-24           SECTION 13.  Section 111.023, Human Resources Code, is
9-25     amended to read as follows:
9-26           Sec. 111.023.  OTHER DUTIES.  The board [commissioner] shall
9-27     take other action as necessary or appropriate to carry out the
 10-1    purposes of this chapter.
 10-2          SECTION 14.  Section 111.024, Human Resources Code, is
 10-3    amended to read as follows:
 10-4          Sec. 111.024.  DELEGATION TO EMPLOYEES.   The commissioner
 10-5    may, with the approval of the board, delegate to any officer or
 10-6    employee of the commission responsibilities of [those powers and
 10-7    duties, except the making of regulations and the appointment of
 10-8    personnel,] the commissioner as [finds] necessary to carry out the
 10-9    purposes of this chapter.
10-10          SECTION 15.  Section 111.025, Human Resources Code, is
10-11    amended to read as follows:
10-12          Sec. 111.025.  RESTRICTIONS ON BOARD MEMBERSHIP AND
10-13    EMPLOYMENT.  (a)  In this section, "Texas trade association" means
10-14    a cooperative and voluntarily joined association of business or
10-15    professional competitors in this state designed to assist its
10-16    members and its industry or profession in dealing with mutual
10-17    business or professional problems and in promoting their common
10-18    interest.
10-19          (b)  A person may not be a member of the board and may not be
10-20    a commission employee employed in a "bona fide executive,
10-21    administrative, or professional capacity," as that phrase is used
10-22    for purposes of establishing an exemption to the overtime
10-23    provisions of the federal Fair Labor Standards Act of 1938 (29
10-24    U.S.C. Section 201 et seq.) and its subsequent amendments, if:
10-25                (1)  the person is an officer, employee, or paid
10-26    consultant of a Texas trade association in the field of
10-27    rehabilitation; or
 11-1                (2)  the person's spouse is an officer, manager, or
 11-2    paid consultant of a Texas trade association in the field of
 11-3    rehabilitation.
 11-4          (c)  A person may not be a member of the board or act as the
 11-5    general counsel to the board or the commission if the person is
 11-6    required to register as a lobbyist under Chapter 305, Government
 11-7    Code, because of the person's activities for compensation on behalf
 11-8    of a profession related to the operation of the commission [An
 11-9    officer, employee, or paid consultant of an organization that
11-10    receives funds from the commission in payment for the provision of
11-11    rehabilitation services may not be a member or employee of the
11-12    board, nor may a person who cohabits with or is the spouse of an
11-13    officer, managerial employee, or paid consultant of such an
11-14    association be a member of the board or an employee of the board
11-15    grade 17 or over, including exempt employees, according to the
11-16    position classification schedule under the General Appropriations
11-17    Act.]
11-18          [(b)  A person who is required to register as a lobbyist
11-19    under Chapter 305, Government Code, by virtue of his activities on
11-20    behalf of a provider of rehabilitation services, may not serve as a
11-21    member of the board or act as the general counsel to the board].
11-22          SECTION 16.  Section 111.026, Human Resources Code, is
11-23    amended by adding Subsections (c), (d), and (e) to read as follows:
11-24          (c)  The commission shall maintain a file on each written
11-25    complaint filed with the commission.  The file must include:
11-26                (1)  the name of the person who filed the complaint;
11-27                (2)  the date the complaint is received by the
 12-1    commission;
 12-2                (3)  the subject matter of the complaint;
 12-3                (4)  the name of each person contacted in relation to
 12-4    the complaint;
 12-5                (5)  a summary of the results of the review or
 12-6    investigation of the complaint; and
 12-7                (6)  an explanation of the reason the file was closed
 12-8    if the agency closed the file without taking action other than to
 12-9    investigate the complaint.
12-10          (d)  The commission shall provide to the person filing the
12-11    complaint and to each person who is a subject of the complaint a
12-12    copy of the commission's policies and procedures relating to
12-13    complaint investigation and resolution.
12-14          (e)  The commission, at least quarterly until final
12-15    disposition of the complaint, shall notify the person filing the
12-16    complaint and each person who is a subject of the complaint of the
12-17    status of the investigation unless the notice would jeopardize an
12-18    undercover investigation.
12-19          SECTION 17.  Section 111.052, Human Resources Code, is
12-20    amended to read as follows:
12-21          Sec. 111.052.  GENERAL FUNCTIONS.  (a)  The commission shall,
12-22    to the extent of resources available and priorities established by
12-23    the board, provide rehabilitation services directly or through
12-24    public or private resources to individuals determined by the
12-25    commission [commissioner] to be eligible for the services under a
12-26    vocational rehabilitation program, an extended rehabilitation
12-27    services program, or other program established to provide
 13-1    rehabilitative services.
 13-2          (b)  In carrying out the purposes of this chapter, the
 13-3    commission may:
 13-4                (1)  cooperate with other departments, agencies,
 13-5    political subdivisions, and institutions, both public and private,
 13-6    in providing the services authorized by this chapter to eligible
 13-7    individuals, in studying the problems involved, and in planning,
 13-8    establishing, developing, and providing necessary or desirable
 13-9    programs, facilities, and services, including those jointly
13-10    administered with state agencies;
13-11                (2)  enter into reciprocal agreements with other
13-12    states;
13-13                (3)  establish or construct rehabilitation facilities
13-14    and workshops, contract with or provide grants to agencies,
13-15    organizations, or individuals as necessary to implement this
13-16    chapter, make contracts or other arrangements with public and other
13-17    nonprofit agencies, organizations, or institutions for the
13-18    establishment of workshops and rehabilitation facilities, and
13-19    operate facilities for carrying out the purposes of this chapter;
13-20                (4)  conduct research and compile statistics relating
13-21    to the provision of services to or the need for services by
13-22    disabled individuals;
13-23                (5)  provide for the establishment, supervision,
13-24    management, and control of small business enterprises to be
13-25    operated by [severely handicapped] individuals with significant
13-26    disabilities where their operation will be improved through the
13-27    management and supervision of the commission;
 14-1                (6)  contract with schools, hospitals, private
 14-2    industrial firms, and other agencies and with doctors, nurses,
 14-3    technicians, and other persons for training, physical restoration,
 14-4    transportation, and other rehabilitation services; and
 14-5                (7)  contract with a public or private agency to
 14-6    provide and pay for rehabilitative services under the extended
 14-7    rehabilitation services program, including alternative sheltered
 14-8    employment or community integrated employment for a person
 14-9    participating in the program.
14-10          SECTION 18.  Subchapter C, Chapter 111, Human Resources Code,
14-11    is amended by adding Section 111.0525 to read as follows:
14-12          Sec. 111.0525.  COORDINATION WITH STATE AGENCIES.  (a)  The
14-13    commission shall target extended rehabilitation services to those
14-14    individuals who are not eligible to receive similar services from
14-15    the Texas Department of Mental Health and Mental Retardation or
14-16    another agency.
14-17          (b)  The commission shall enter into an agreement with the
14-18    Texas Department of Mental Health and Mental Retardation to reduce
14-19    duplication and fragmentation of employment services by defining
14-20    each agency's role and responsibilities for shared client
14-21    populations.
14-22          (c)  The commission shall establish a formal referral process
14-23    with the Texas Workforce Commission to ensure that appropriate
14-24    vocational rehabilitation clients are referred to and receive
14-25    services provided by the Texas Workforce Commission or local
14-26    workforce development agencies.
14-27          SECTION 19.  Subchapter C, Chapter 111, Human Resources Code,
 15-1    is amended by adding Section 111.0551 to read as follows:
 15-2          Sec. 111.0551.  PROVISION OF MEDICAL SERVICES.  In carrying
 15-3    out the purposes of this chapter, the commission shall:
 15-4                (1)  meet health care industry standards in the
 15-5    approval of medical services for clients, including the
 15-6    advisability of obtaining second opinions;
 15-7                (2)  adopt a system of quality control that includes
 15-8    medical consultation;
 15-9                (3)  where applicable, include an assessment of whether
15-10    the medical services will benefit the client's ability to return to
15-11    work; and
15-12                (4)  conduct an analysis of the risk associated with
15-13    funding medical procedures and maintain a risk management plan that
15-14    reflects current medical knowledge and expertise.
15-15          SECTION 20.  Subchapter C, Chapter 111, Human Resources Code,
15-16    is amended by adding Section 111.0552 to read as follows:
15-17          Sec. 111.0552.  RATES FOR MEDICAL SERVICES.  (a)  The board
15-18    shall adopt rules and standards governing the determination of
15-19    rates the commission will pay for medical services and health care
15-20    services.
15-21          (b)  Annually, the board shall adopt by rule a schedule of
15-22    rates based on the rules and standards adopted under Subsection
15-23    (a).  In adopting the rate schedule, the board shall:
15-24                (1)  compare the proposed rate schedule to other
15-25    cost-based rates for medical services, including Medicaid and
15-26    Medicare rates; and
15-27                (2)  for any rate adopted that exceeds the Medicare or
 16-1    Medicaid rate, document the reasons why the rate adopted ensures
 16-2    the best value in the use of dollars for clients.
 16-3          (c)  The board shall hold a public hearing before adopting
 16-4    rules under this section to allow interested persons to present
 16-5    comments.
 16-6          SECTION 21.  Subchapter C, Chapter 111, Human Resources Code,
 16-7    is amended by adding Section 111.0553 to read as follows:
 16-8          Sec. 111.0553.  PROCUREMENT METHODS.   The commission shall
 16-9    develop and, following review and approval by the board, implement
16-10    agency-wide  procurement procedures to:
16-11                (1)  ensure compliance with the best-value purchasing
16-12    requirements of Section 2155.144(c), Government Code;
16-13                (2)  document that a best-value review of vendors has
16-14    occurred;
16-15                (3)  document the reasons for selecting a vendor;
16-16                (4)  negotiate price discounts with high-volume
16-17    vendors;
16-18                (5)  consolidate purchases with other agencies,
16-19    including the Texas Department of Health and the General Services
16-20    Commission, to achieve best value; and
16-21                (6)  provide effective public notification to potential
16-22    vendors of planned commission purchases.
16-23          SECTION 22.  Chapter 111, Human Resources Code, is amended by
16-24    adding Subchapter D to read as follows:
16-25             SUBCHAPTER D.  VOCATIONAL REHABILITATION SERVICES
16-26          Sec. 111.070.  PROVISION OF SERVICES.  (a)  The board by rule
16-27    shall establish and maintain guidelines for providing vocational
 17-1    rehabilitation services that are consistent with state and federal
 17-2    laws and regulations and that include:
 17-3                (1)  a system of organization for the delivery of
 17-4    vocational rehabilitation services statewide;
 17-5                (2)  eligibility requirements for vocational
 17-6    rehabilitation services;
 17-7                (3)  requirements for the rehabilitation planning
 17-8    process;
 17-9                (4)  the types of services that may be provided to a
17-10    client through a vocational rehabilitation program; and
17-11                (5)  requirements for client participation in the costs
17-12    of vocational rehabilitation services, including documentation that
17-13    a client has sought benefits for which the client is eligible from
17-14    sources other than the commission and that may assist the client in
17-15    obtaining vocational rehabilitation goods or services.
17-16          (b)  The board shall annually assess the effectiveness of the
17-17    state's vocational rehabilitation program.
17-18          Sec. 111.071.  TRAINING AND SUPERVISION OF COUNSELORS.
17-19    (a)  The commission shall provide specific guidance to vocational
17-20    rehabilitation counselors in:
17-21                (1)  selecting vocational objectives according to a
17-22    client's skills, experience, and knowledge;
17-23                (2)  documenting a client's impediment to employment;
17-24                (3)  selecting rehabilitation services that are
17-25    reasonable and necessary to achieve a client's vocational
17-26    objective;
17-27                (4)  measuring client progress toward the vocational
 18-1    objective, including the documented, periodic evaluation of the
 18-2    client's rehabilitation and participation; and
 18-3                (5)  determining eligibility of employed and unemployed
 18-4    applicants for rehabilitation services using criteria defined by
 18-5    board rule to document whether a client is substantially
 18-6    underemployed or at risk of losing employment.
 18-7          (b)  The board by rule shall require monitoring and oversight
 18-8    of vocational rehabilitation counselor performance and decision
 18-9    making in accordance with this section.
18-10          Sec. 111.072.  CLIENT ORIENTATION MATERIALS.  The commission
18-11    shall develop and distribute at intake client orientation materials
18-12    for the vocational rehabilitation program that include information
18-13    on the commission's decision-making criteria.
18-14          Sec. 111.073.  TRANSITION PLANNING.  The commission shall:
18-15                (1)  assess the statewide need for services necessary
18-16    to prepare students with disabilities for a successful transition
18-17    to employment;
18-18                (2)  establish collaborative relationships with each
18-19    school district with education service centers to the maximum
18-20    extent possible within available resources; and
18-21                (3)  develop strategies to assist vocational
18-22    rehabilitation counselors in identifying and reaching students in
18-23    need of transition planning.
18-24          SECTION 23.  Section 302.021, Labor Code, is amended by
18-25    adding Subsection (d) to read as follows:
18-26          (d)  To the extent permitted under federal law, the division
18-27    shall promote and monitor services provided to persons with
 19-1    disabilities, including persons referred from the Texas
 19-2    Rehabilitation Commission.
 19-3          SECTION 24.  This Act takes effect September 1, 1999.
 19-4          SECTION 25.  (a)  The board of the Texas Rehabilitation
 19-5    Commission shall adopt each rule required to implement the changes
 19-6    in law made by this Act not later than January 1, 2000.
 19-7          (b)  Section 111.0132, Human Resources Code, as added by this
 19-8    Act, does not apply to a member of the board of the Texas
 19-9    Rehabilitation Commission appointed before the effective date of
19-10    this Act for the remainder of that member's term.
19-11          SECTION 26.  The importance of this legislation and the
19-12    crowded condition of the calendars in both houses create an
19-13    emergency and an imperative public necessity that the
19-14    constitutional rule requiring bills to be read on three several
19-15    days in each house be suspended, and this rule is hereby suspended.