By Gray H.B. No. 1402
76R838 AJA-D
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 adding Subdivision (8) to read as follows:
1-7 (8) "Board" means the board of the Texas
1-8 Rehabilitation Commission.
1-9 SECTION 2. Section 111.012, Human Resources Code, is amended
1-10 to read as follows:
1-11 Sec. 111.012. SUNSET PROVISION. The Texas Rehabilitation
1-12 Commission is subject to Chapter 325, Government Code (Texas Sunset
1-13 Act). Unless continued in existence as provided by that chapter,
1-14 the commission is abolished and this chapter expires September 1,
1-15 2007 [1999].
1-16 SECTION 3. Section 111.013(b), Human Resources Code, is
1-17 amended to read as follows:
1-18 (b) Appointees must be outstanding citizens of the state who
1-19 are members of the general public and have demonstrated a
1-20 constructive interest in rehabilitation services. Appointments to
1-21 the board shall be made without regard to the race, color,
1-22 disability [handicap], sex, religion, age, or national origin of
1-23 the appointees. A person is not eligible for appointment as a
1-24 board member if the person or the person's spouse:
2-1 (1) is employed by or participates in the management
2-2 of a business entity or other organization regulated by the agency
2-3 or receiving funds from the commission;
2-4 (2) owns, controls, or has, directly or indirectly,
2-5 more than a 10 percent interest in a business entity or other
2-6 organization regulated by the agency or receiving funds from the
2-7 commission; or
2-8 (3) uses or receives a substantial amount of tangible
2-9 goods, services, or funds from the commission.
2-10 SECTION 4. Section 111.0131, Human Resources Code, is
2-11 amended to read as follows:
2-12 Sec. 111.0131. REMOVAL OF BOARD MEMBERS. (a) It is a
2-13 ground for removal from the board that [if] a member:
2-14 (1) does not have at the time of taking office
2-15 [appointment] the qualifications required by [Subsection (b) of]
2-16 Section 111.013(b) [111.013 of this code] for appointment to the
2-17 board;
2-18 (2) does not maintain during [the] service on the
2-19 board the qualifications required by [Subsection (b) of] Section
2-20 111.013(b) [111.013] for appointment to the board;
2-21 (3) is ineligible for membership under Section 111.013
2-22 or [violates a prohibition established by Section] 111.025 [of this
2-23 code];
2-24 (4) cannot, because of illness or disability, [is
2-25 unable to] discharge the member's [his] duties for a substantial
2-26 part [portion] of the member's term [for which he was appointed
2-27 because of illness or disability]; or
3-1 (5) is absent from more than half of the regularly
3-2 scheduled board meetings that the member is eligible to attend
3-3 during a [each] calendar year without an excuse approved by a [,
3-4 except when the absence is excused by] majority vote of the board.
3-5 (b) The validity of an action of the board is not affected
3-6 by the fact that it is [was] taken when a ground for removal of a
3-7 board member exists [of the board existed].
3-8 (c) If the commissioner has knowledge that a potential
3-9 ground for removal exists, the commissioner [he] shall notify the
3-10 chairman of the board of the potential ground. The chairman of the
3-11 board shall then notify the governor and the attorney general that
3-12 a potential ground for removal exists. If the potential ground for
3-13 removal involves the presiding officer, the commissioner shall
3-14 notify the next highest ranking officer of the board, who shall
3-15 then notify the governor and the attorney general that a potential
3-16 ground for removal exists.
3-17 SECTION 5. Subchapter B, Chapter 111, Human Resources Code,
3-18 is amended by adding Section 111.0132 to read as follows:
3-19 Sec. 111.0132. TRAINING OF BOARD MEMBERS. (a) A person who
3-20 is appointed to and qualifies for office as a member of the board
3-21 may not vote, deliberate, or be counted as a member in attendance
3-22 at a meeting of the board until the person completes a training
3-23 program that complies with this section.
3-24 (b) The training program must provide the person with
3-25 information regarding:
3-26 (1) the legislation that created the commission and
3-27 the board;
4-1 (2) the programs operated by the commission;
4-2 (3) the role and functions of the commission;
4-3 (4) the rules of the commission with an emphasis on
4-4 the rules that relate to disciplinary and investigatory authority;
4-5 (5) the current budget for the commission;
4-6 (6) the results of the most recent formal audit of the
4-7 commission;
4-8 (7) the requirements of:
4-9 (A) the open meetings law, Chapter 551,
4-10 Government Code;
4-11 (B) the public information law, Chapter 552,
4-12 Government Code;
4-13 (C) the administrative procedure law, Chapter
4-14 2001, Government Code; and
4-15 (D) other laws relating to public officials,
4-16 including conflict of interest laws; and
4-17 (8) any applicable ethics policies adopted by the
4-18 commission or the Texas Ethics Commission.
4-19 (c) A person appointed to the board is entitled to
4-20 reimbursement, as provided by the General Appropriations Act, for
4-21 the travel expenses incurred in attending the training program
4-22 regardless of whether the attendance at the program occurs before
4-23 or after the person qualifies for office.
4-24 SECTION 6. Subchapter B, Chapter 111, Human Resources Code,
4-25 is amended by adding Section 111.0161 to read as follows:
4-26 Sec. 111.0161. ADVISORY COMMITTEES REPORT TO BOARD.
4-27 (a) Each advisory committee established by law or rule to advise
5-1 the commission shall report to and advise the board on the
5-2 committee's activities and the results of the committee's work.
5-3 For the purpose of performing its advisory functions, each
5-4 committee shall work with the commissioner, the commission's staff,
5-5 and the board.
5-6 (b) The board shall adopt rules to implement this section.
5-7 SECTION 7. Section 111.017, Human Resources Code, is amended
5-8 to read as follows:
5-9 Sec. 111.017. COMMISSIONER. [This chapter is administered
5-10 by the commissioner under operational policies established by the
5-11 board.] The commissioner is appointed by the board, with the
5-12 approval of the governor, and [on the basis of education, training,
5-13 experience, and demonstrated ability. The commissioner] serves at
5-14 the pleasure of the board. The commissioner is the executive head
5-15 of the agency [and is secretary to the board, as well as chief
5-16 administrative officer of the agency].
5-17 SECTION 8. Section 111.018, Human Resources Code, is amended
5-18 to read as follows:
5-19 Sec. 111.018. ADMINISTRATIVE REGULATIONS AND POLICIES. (a)
5-20 The board shall:
5-21 (1) adopt policies and rules to effectively carry out
5-22 the purposes of this chapter; and
5-23 (2) supervise the commissioner's administration of
5-24 this chapter.
5-25 (b) In carrying out his or her duties under this chapter,
5-26 the commissioner shall, with the approval of the board, implement
5-27 policies addressing [make regulations governing] personnel
6-1 standards, the protection of records and confidential information,
6-2 the manner and form of filing applications, eligibility,
6-3 investigation, and determination for rehabilitation and other
6-4 services, procedures for hearings, and other regulations subject to
6-5 this section as necessary to carry out the purposes of this
6-6 chapter.
6-7 (c) [(b)] The commissioner shall develop a career ladder
6-8 program, one part of which must require the posting throughout the
6-9 commission of all nonentry level positions concurrently with any
6-10 public posting.
6-11 (d) [(c)] The commissioner shall develop a system of annual
6-12 performance evaluations based on measurable job tasks. All merit
6-13 pay for employees must be based on the system established under
6-14 this subsection.
6-15 (e) [(d)] The board shall provide to its members and
6-16 employees as often as is necessary information regarding their
6-17 qualifications under this chapter and their responsibilities under
6-18 applicable laws relating to standards of conduct for state officers
6-19 or employees.
6-20 (f) [(e)] The board shall develop and implement policies
6-21 that clearly separate the policymaking [respective]
6-22 responsibilities of the board and the management responsibilities
6-23 of [,] the commissioner and staff of the commission. The board may
6-24 delegate to the commissioner, or to a person acting as commissioner
6-25 in the commissioner's absence, any power or duty imposed on the
6-26 board or commission by law except that the board may not delegate
6-27 the power to adopt rules. The delegation of a power or duty must
7-1 be in writing. Any delegation of the board's authority must be
7-2 adopted by the board in a public meeting [, and the other
7-3 employees].
7-4 (g) [(f)] The commissioner or the commissioner's designee
7-5 shall prepare and maintain a written policy statement that
7-6 implements [to assure implementation of] a program of equal
7-7 employment opportunity to ensure that [whereby] all personnel
7-8 decisions [transactions] are made without regard to race, color,
7-9 disability [handicap], sex, religion, age, or national origin. The
7-10 policy statement must include:
7-11 (1) personnel policies, including policies relating to
7-12 recruitment, evaluation, selection, [appointment,] training, and
7-13 promotion of personnel, that show the intent of the commission to
7-14 avoid the unlawful employment practices described by Chapter 21,
7-15 Labor Code; and
7-16 (2) an analysis of the extent to which the composition
7-17 of the commission's personnel is in accordance with state and
7-18 federal law and a description of reasonable methods to achieve
7-19 compliance with state and federal law [;]
7-20 [(2) a comprehensive analysis of the commission's work
7-21 force that meets federal and state guidelines;]
7-22 [(3) procedures by which a determination can be made
7-23 of significant underuse in the agency work force of all persons for
7-24 whom federal or state guidelines encourage a more equitable
7-25 balance; and]
7-26 [(4) reasonable methods to address appropriately areas
7-27 of significant underuse in the agency work force of all persons for
8-1 whom federal or state guidelines encourage a more equitable
8-2 balance].
8-3 (h) The policy statement must:
8-4 (1) be updated annually;
8-5 (2) be reviewed by the state Commission on Human
8-6 Rights for compliance with Subsection (g)(1); and
8-7 (3) be filed with the governor's office [(g) The
8-8 policy statement required by Subsection (f) of this section shall
8-9 be filed with the governor's office before November 1 of each year
8-10 and shall cover the preceding annual period. The governor's office
8-11 shall develop from the information submitted a biennial report to
8-12 the legislature. The report may be made separately or as a part of
8-13 other biennial reports made to the legislature].
8-14 SECTION 9. Section 111.019, Human Resources Code, is amended
8-15 to read as follows:
8-16 Sec. 111.019. PLANNING. The commission [commissioner] shall
8-17 [, with the approval of the board,] make long-range and
8-18 intermediate plans for the scope and development of the program and
8-19 make decisions regarding the allocation of resources in carrying
8-20 out the plans.
8-21 SECTION 10. Section 111.021, Human Resources Code, is
8-22 amended by adding Subsection (c) to read as follows:
8-23 (c) The commission shall post on the Internet in an
8-24 accessible format the reports required under this section and any
8-25 other agency performance data required to be reported to this state
8-26 or the federal government. If a report or performance data
8-27 contains confidential information, the commission shall remove the
9-1 confidential information before posting the report or performance
9-2 data.
9-3 SECTION 11. Section 111.022, Human Resources Code, is
9-4 amended to read as follows:
9-5 Sec. 111.022. DISBURSEMENT OF FUNDS. The commission
9-6 [commissioner] shall make certification for disbursement, in
9-7 accordance with regulations, of funds available for carrying out
9-8 the purposes of this chapter.
9-9 SECTION 12. Section 111.023, Human Resources Code, is
9-10 amended to read as follows:
9-11 Sec. 111.023. OTHER DUTIES. The board [commissioner] shall
9-12 take other action as necessary or appropriate to carry out the
9-13 purposes of this chapter.
9-14 SECTION 13. Section 111.024, Human Resources Code, is
9-15 amended to read as follows:
9-16 Sec. 111.024. DELEGATION TO EMPLOYEES. The commissioner
9-17 may, with the approval of the board, delegate to any officer or
9-18 employee of the commission responsibilities of [those powers and
9-19 duties, except the making of regulations and the appointment of
9-20 personnel,] the commissioner as [finds] necessary to carry out the
9-21 purposes of this chapter.
9-22 SECTION 14. Section 111.025, Human Resources Code, is
9-23 amended to read as follows:
9-24 Sec. 111.025. RESTRICTIONS ON BOARD MEMBERSHIP AND
9-25 EMPLOYMENT. (a) In this section, "Texas trade association" means
9-26 a cooperative and voluntarily joined association of business or
9-27 professional competitors in this state designed to assist its
10-1 members and its industry or profession in dealing with mutual
10-2 business or professional problems and in promoting their common
10-3 interest.
10-4 (b) A person may not be a member of the board and may not be
10-5 a commission employee employed in a "bona fide executive,
10-6 administrative, or professional capacity," as that phrase is used
10-7 for purposes of establishing an exemption to the overtime
10-8 provisions of the federal Fair Labor Standards Act of 1938 (29
10-9 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
10-10 (1) the person is an officer, employee, or paid
10-11 consultant of a Texas trade association in the field of
10-12 rehabilitation; or
10-13 (2) the person's spouse is an officer, manager, or
10-14 paid consultant of a Texas trade association in the field of
10-15 rehabilitation.
10-16 (c) A person may not be a member of the board or act as the
10-17 general counsel to the board or the commission if the person is
10-18 required to register as a lobbyist under Chapter 305, Government
10-19 Code, because of the person's activities for compensation on behalf
10-20 of a profession related to the operation of the commission [An
10-21 officer, employee, or paid consultant of an organization that
10-22 receives funds from the commission in payment for the provision of
10-23 rehabilitation services may not be a member or employee of the
10-24 board, nor may a person who cohabits with or is the spouse of an
10-25 officer, managerial employee, or paid consultant of such an
10-26 association be a member of the board or an employee of the board
10-27 grade 17 or over, including exempt employees, according to the
11-1 position classification schedule under the General Appropriations
11-2 Act.]
11-3 [(b) A person who is required to register as a lobbyist
11-4 under Chapter 305, Government Code, by virtue of his activities on
11-5 behalf of a provider of rehabilitation services, may not serve as a
11-6 member of the board or act as the general counsel to the board].
11-7 SECTION 15. Section 111.026, Human Resources Code, is
11-8 amended by adding Subsections (c), (d), and (e) to read as follows:
11-9 (c) The commission shall maintain a file on each written
11-10 complaint filed with the commission. The file must include:
11-11 (1) the name of the person who filed the complaint;
11-12 (2) the date the complaint is received by the
11-13 commission;
11-14 (3) the subject matter of the complaint;
11-15 (4) the name of each person contacted in relation to
11-16 the complaint;
11-17 (5) a summary of the results of the review or
11-18 investigation of the complaint; and
11-19 (6) an explanation of the reason the file was closed
11-20 if the agency closed the file without taking action other than to
11-21 investigate the complaint.
11-22 (d) The commission shall provide to the person filing the
11-23 complaint and to each person who is a subject of the complaint a
11-24 copy of the commission's policies and procedures relating to
11-25 complaint investigation and resolution.
11-26 (e) The commission, at least quarterly until final
11-27 disposition of the complaint, shall notify the person filing the
12-1 complaint and each person who is a subject of the complaint of the
12-2 status of the investigation unless the notice would jeopardize an
12-3 undercover investigation.
12-4 SECTION 16. Section 111.052(a), Human Resources Code, is
12-5 amended to read as follows:
12-6 (a) The commission shall, to the extent of resources
12-7 available and priorities established by the board, provide
12-8 rehabilitation services directly or through public or private
12-9 resources to individuals determined by the commission
12-10 [commissioner] to be eligible for the services under a vocational
12-11 rehabilitation program, an extended rehabilitation services
12-12 program, or other program established to provide rehabilitative
12-13 services.
12-14 SECTION 17. Subchapter C, Chapter 111, Human Resources Code,
12-15 is amended by adding Section 111.0525 to read as follows:
12-16 Sec. 111.0525. COORDINATION WITH STATE AGENCIES. (a) The
12-17 commission shall target extended rehabilitation services to those
12-18 individuals who are not eligible to receive similar services from
12-19 the Texas Department of Mental Health and Mental Retardation or
12-20 another agency.
12-21 (b) The commission shall enter into an agreement with the
12-22 Texas Department of Mental Health and Mental Retardation to reduce
12-23 duplication and fragmentation of employment services by defining
12-24 each agency's role and responsibilities for shared client
12-25 populations.
12-26 (c) The commission shall establish a formal referral process
12-27 with the Texas Workforce Commission to ensure that appropriate
13-1 vocational rehabilitation clients are referred to and receive
13-2 services provided by the Texas Workforce Commission or local
13-3 workforce development agencies.
13-4 SECTION 18. Subchapter C, Chapter 111, Human Resources Code,
13-5 is amended by adding Section 111.0551 to read as follows:
13-6 Sec. 111.0551. PROVISION OF MEDICAL SERVICES. In carrying
13-7 out the purposes of this chapter, the commission shall:
13-8 (1) meet health care industry standards in the
13-9 approval of medical services for clients, including the
13-10 advisability of obtaining second opinions;
13-11 (2) adopt a system of quality control that includes
13-12 medical consultation;
13-13 (3) where applicable, include an assessment of whether
13-14 the medical services will benefit the client's ability to return to
13-15 work; and
13-16 (4) conduct an analysis of the risk associated with
13-17 funding medical procedures and maintain a risk management plan that
13-18 reflects current medical knowledge and expertise.
13-19 SECTION 19. Subchapter C, Chapter 111, Human Resources Code,
13-20 is amended by adding Section 111.0552 to read as follows:
13-21 Sec. 111.0552. RATES FOR MEDICAL SERVICES. (a) The board
13-22 shall adopt rules and standards governing the determination of
13-23 rates the commission will pay for medical services.
13-24 (b) Annually, the board shall adopt by rule a schedule of
13-25 rates based on the rules and standards adopted under Subsection
13-26 (a). In adopting the rate schedule, the board shall:
13-27 (1) compare the proposed rate schedule to other
14-1 cost-based rates for medical services, including Medicaid and
14-2 Medicare rates; and
14-3 (2) for any rate adopted that exceeds the Medicare or
14-4 Medicaid rate, document the reasons why the rate adopted ensures
14-5 the best value in the use of dollars for clients.
14-6 (c) The board shall hold a public hearing before adopting
14-7 rules under this section to allow interested persons to present
14-8 comments.
14-9 SECTION 20. Subchapter C, Chapter 111, Human Resources Code,
14-10 is amended by adding Section 111.0553 to read as follows:
14-11 Sec. 111.0553. PROCUREMENT METHODS. The commission shall
14-12 develop and, following review and approval by the board, implement
14-13 agency-wide procurement procedures to:
14-14 (1) ensure compliance with the best-value purchasing
14-15 requirements of Section 2155.144(c), Government Code;
14-16 (2) document that a best-value review of vendors has
14-17 occurred;
14-18 (3) document the reasons for selecting a vendor;
14-19 (4) negotiate price discounts with high-volume
14-20 vendors;
14-21 (5) consolidate purchases with other agencies,
14-22 including the Texas Department of Health and the General Services
14-23 Commission, to achieve best value; and
14-24 (6) provide effective public notification to potential
14-25 vendors of planned commission purchases.
14-26 SECTION 21. Chapter 111, Human Resources Code, is amended by
14-27 adding Subchapter D to read as follows:
15-1 SUBCHAPTER D. VOCATIONAL REHABILITATION SERVICES
15-2 Sec. 111.070. PROVISION OF SERVICES. (a) The board by rule
15-3 shall establish and maintain guidelines for providing vocational
15-4 rehabilitation services that are consistent with state and federal
15-5 laws and regulations and that include:
15-6 (1) a system of organization for the delivery of
15-7 vocational rehabilitation services statewide;
15-8 (2) eligibility requirements for vocational
15-9 rehabilitation services;
15-10 (3) requirements for the rehabilitation planning
15-11 process;
15-12 (4) the types of services that may be provided to a
15-13 client through a vocational rehabilitation program; and
15-14 (5) requirements for client participation in the costs
15-15 of vocational rehabilitation services, including documentation that
15-16 a client has sought benefits for which the client is eligible from
15-17 sources other than the commission and that may assist the client in
15-18 obtaining vocational rehabilitation goods or services.
15-19 (b) The board shall annually assess the effectiveness of the
15-20 state's vocational rehabilitation program.
15-21 Sec. 111.071. TRAINING AND SUPERVISION OF COUNSELORS.
15-22 (a) The commission shall provide specific guidance to vocational
15-23 rehabilitation counselors in:
15-24 (1) selecting vocational objectives according to a
15-25 client's skills, experience, and knowledge;
15-26 (2) documenting a client's impediment to employment;
15-27 (3) selecting rehabilitation services that are
16-1 reasonable and necessary to achieve a client's vocational
16-2 objective;
16-3 (4) measuring client progress toward the vocational
16-4 objective, including the documented, periodic evaluation of the
16-5 client's rehabilitation and participation; and
16-6 (5) determining eligibility of employed and unemployed
16-7 applicants for rehabilitation services using criteria defined by
16-8 board rule to document whether a client is substantially
16-9 underemployed or at risk of losing employment.
16-10 (b) The board by rule shall require monitoring and oversight
16-11 of vocational rehabilitation counselor performance and decision
16-12 making in accordance with this section.
16-13 Sec. 111.072. CLIENT ORIENTATION MATERIALS. The commission
16-14 shall develop and distribute at intake client orientation materials
16-15 for the vocational rehabilitation program that include information
16-16 on the commission's decision making criteria.
16-17 Sec. 111.073. TRANSITION PLANNING. The commission shall:
16-18 (1) assess the statewide need for services necessary
16-19 to prepare students with disabilities for a successful transition
16-20 to employment;
16-21 (2) establish collaborative relationships with each
16-22 school district with education service centers to the maximum
16-23 extent possible within available resources; and
16-24 (3) develop strategies to assist vocational
16-25 rehabilitation counselors in identifying and reaching students in
16-26 need of transition planning.
16-27 SECTION 22. Section 302.021, Labor Code, is amended by
17-1 adding Subsection (d) to read as follows:
17-2 (d) To the extent permitted under federal law, the division
17-3 shall promote and monitor services provided to persons with
17-4 disabilities, including persons referred from the Texas
17-5 Rehabilitation Commission.
17-6 SECTION 23. This Act takes effect September 1, 1999.
17-7 SECTION 24. The board of the Texas Rehabilitation Commission
17-8 shall adopt each rule required to implement the changes in law made
17-9 by this Act not later than January 1, 2000.
17-10 SECTION 25. The importance of this legislation and the
17-11 crowded condition of the calendars in both houses create an
17-12 emergency and an imperative public necessity that the
17-13 constitutional rule requiring bills to be read on three several
17-14 days in each house be suspended, and this rule is hereby suspended.