1-1 By: Gray, Bosse, McCall, Naishtat H.B. No. 1402
1-2 (Senate Sponsor - Madla)
1-3 (In the Senate - Received from the House April 8, 1999;
1-4 April 9, 1999, read first time and referred to Committee on Health
1-5 Services; April 22, 1999, reported favorably, as amended, by the
1-6 following vote: Yeas 5, Nays 0; April 22, 1999, sent to printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Madla
1-8 Amend H.B. 1402 by inserting the following appropriately
1-9 numbered sections of the bill and renumbering subsequent sections
1-10 of the bill accordingly:
1-11 SECTION 25. Section 411.117, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 411.117. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
1-14 TEXAS REHABILITATION COMMISSION. The Texas Rehabilitation
1-15 Commission is entitled to obtain from the department criminal
1-16 history record information maintained by the department that
1-17 relates to a person who is:
1-18 (1) an applicant for rehabilitation services of the
1-19 Texas Rehabilitation Commission; [or]
1-20 (2) a client of the Texas Rehabilitation Commission;
1-21 or
1-22 (3) an applicant for employment whose potential duties
1-23 include direct contact with clients of the Texas Rehabilitation
1-24 Commission.
1-25 SECTION 22. Subchapter C, Chapter 111, Human Resources Code,
1-26 is amended by adding Section 111.058 to read as follows:
1-27 Sec. 111.058. CRIMINAL HISTORY RECORD INFORMATION. (a) The
1-28 board by rule shall establish criteria for denying a person's
1-29 application for employment based on criminal history background
1-30 information obtained pursuant to Section 411.117, Government Code.
1-31 (b) The commission shall treat all criminal history record
1-32 information as privileged and confidential and for commission use
1-33 only.
1-34 COMMITTEE AMENDMENT NO. 2 By: Madla
1-35 Amend H.B. 1402 as follows:
1-36 (1) In Section 21 of the bill, on page 7, line 47, between
1-37 "METHODS." and "The", insert "(a)".
1-38 (2) In Section 21 of the bill, on page 7, between lines 61
1-39 and 62, insert new subsection (b) as follows:
1-40 (b) Nothing in this section shall be construed to limit the
1-41 commission's ability to procure goods and services from persons
1-42 with disabilities.
1-43 A BILL TO BE ENTITLED
1-44 AN ACT
1-45 relating to the continuation and functions of the Texas
1-46 Rehabilitation Commission.
1-47 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-48 SECTION 1. Section 111.002, Human Resources Code, is amended
1-49 by amending Subdivision (7) and adding Subdivision (8) to read as
1-50 follows:
1-51 (7) "Extended rehabilitation services program" means a
1-52 program that provides rehabilitation services to an individual with
1-53 a significant [severe] disability who is not capable of entering
1-54 the competitive labor market but who may achieve maximum personal
1-55 independence through the provision of rehabilitation services.
1-56 (8) "Board" means the board of the Texas
1-57 Rehabilitation Commission.
1-58 SECTION 2. Section 111.012, Human Resources Code, is amended
1-59 to read as follows:
1-60 Sec. 111.012. SUNSET PROVISION. The Texas Rehabilitation
1-61 Commission is subject to Chapter 325, Government Code (Texas Sunset
2-1 Act). Unless continued in existence as provided by that chapter,
2-2 the commission is abolished and this chapter expires September 1,
2-3 2011 [1999].
2-4 SECTION 3. Section 111.013(b), Human Resources Code, is
2-5 amended to read as follows:
2-6 (b) Appointees must be outstanding citizens of the state who
2-7 are members of the general public and have demonstrated a
2-8 constructive interest in rehabilitation services. Appointments to
2-9 the board shall be made without regard to the race, color,
2-10 disability [handicap], sex, religion, age, or national origin of
2-11 the appointees. A person is not eligible for appointment as a
2-12 board member if the person or the person's spouse:
2-13 (1) is employed by or participates in the management
2-14 of a business entity or other organization regulated by the agency
2-15 or receiving funds from the commission;
2-16 (2) owns, controls, or has, directly or indirectly,
2-17 more than a 10 percent interest in a business entity or other
2-18 organization regulated by the agency or receiving funds from the
2-19 commission; or
2-20 (3) uses or receives a substantial amount of tangible
2-21 goods, services, or funds from the commission.
2-22 SECTION 4. Section 111.0131, Human Resources Code, is
2-23 amended to read as follows:
2-24 Sec. 111.0131. REMOVAL OF BOARD MEMBERS. (a) It is a
2-25 ground for removal from the board that [if] a member:
2-26 (1) does not have at the time of taking office
2-27 [appointment] the qualifications required by [Subsection (b) of]
2-28 Section 111.013(b) [111.013 of this code] for appointment to the
2-29 board;
2-30 (2) does not maintain during [the] service on the
2-31 board the qualifications required by [Subsection (b) of] Section
2-32 111.013(b) [111.013] for appointment to the board;
2-33 (3) is ineligible for membership under Section 111.013
2-34 or [violates a prohibition established by Section] 111.025 [of this
2-35 code];
2-36 (4) cannot, because of illness or disability, [is
2-37 unable to] discharge the member's [his] duties for a substantial
2-38 part [portion] of the member's term [for which he was appointed
2-39 because of illness or disability]; or
2-40 (5) is absent from more than half of the regularly
2-41 scheduled board meetings that the member is eligible to attend
2-42 during a [each] calendar year without an excuse approved by a [,
2-43 except when the absence is excused by] majority vote of the board.
2-44 (b) The validity of an action of the board is not affected
2-45 by the fact that it is [was] taken when a ground for removal of a
2-46 board member exists [of the board existed].
2-47 (c) If the commissioner has knowledge that a potential
2-48 ground for removal exists, the commissioner [he] shall notify the
2-49 chairman of the board of the potential ground. The chairman of the
2-50 board shall then notify the governor and the attorney general that
2-51 a potential ground for removal exists. If the potential ground for
2-52 removal involves the presiding officer, the commissioner shall
2-53 notify the next highest ranking officer of the board, who shall
2-54 then notify the governor and the attorney general that a potential
2-55 ground for removal exists.
2-56 SECTION 5. Subchapter B, Chapter 111, Human Resources Code,
2-57 is amended by adding Section 111.0132 to read as follows:
2-58 Sec. 111.0132. TRAINING OF BOARD MEMBERS. (a) A person who
2-59 is appointed to and qualifies for office as a member of the board
2-60 may not vote, deliberate, or be counted as a member in attendance
2-61 at a meeting of the board until the person completes a training
2-62 program that complies with this section.
2-63 (b) The training program must provide the person with
2-64 information regarding:
2-65 (1) the legislation that created the commission and
2-66 the board;
2-67 (2) the programs operated by the commission;
2-68 (3) the role and functions of the commission;
2-69 (4) the rules of the commission with an emphasis on
3-1 the rules that relate to disciplinary and investigatory authority;
3-2 (5) the current budget for the commission;
3-3 (6) the results of the most recent formal audit of the
3-4 commission;
3-5 (7) the requirements of:
3-6 (A) the open meetings law, Chapter 551,
3-7 Government Code;
3-8 (B) the public information law, Chapter 552,
3-9 Government Code;
3-10 (C) the administrative procedure law, Chapter
3-11 2001, Government Code; and
3-12 (D) other laws relating to public officials,
3-13 including conflict of interest laws; and
3-14 (8) any applicable ethics policies adopted by the
3-15 commission or the Texas Ethics Commission.
3-16 (c) A person appointed to the board is entitled to
3-17 reimbursement, as provided by the General Appropriations Act, for
3-18 the travel expenses incurred in attending the training program
3-19 regardless of whether the attendance at the program occurs before
3-20 or after the person qualifies for office.
3-21 SECTION 6. Section 111.016, Human Resources Code, is amended
3-22 to read as follows:
3-23 Sec. 111.016. REHABILITATION [ADVISORY] COUNCIL OF TEXAS.
3-24 The Rehabilitation [Advisory] Council of Texas is created by this
3-25 section in accordance with the federal Rehabilitation Act
3-26 Amendments of 1992, Pub. L. 102-569, and the federal Rehabilitation
3-27 Act Amendments of 1998, Pub. L. 105-220. The board shall adopt
3-28 rules for the implementation of regulations and the administration
3-29 of the council.
3-30 SECTION 7. Subchapter B, Chapter 111, Human Resources Code,
3-31 is amended by adding Section 111.0161 to read as follows:
3-32 Sec. 111.0161. ADVISORY COMMITTEES REPORT TO BOARD.
3-33 (a) Each advisory committee established by law or rule to advise
3-34 the commission shall report to and advise the board on the
3-35 committee's activities and the results of the committee's work.
3-36 For the purpose of performing its advisory functions, each
3-37 committee shall work with the commissioner, the commission's staff,
3-38 and the board.
3-39 (b) The board shall adopt rules to implement this section.
3-40 SECTION 8. Section 111.017, Human Resources Code, is amended
3-41 to read as follows:
3-42 Sec. 111.017. COMMISSIONER. [This chapter is administered
3-43 by the commissioner under operational policies established by the
3-44 board.] The commissioner is appointed by the board, with the
3-45 approval of the governor, and [on the basis of education, training,
3-46 experience, and demonstrated ability. The commissioner] serves at
3-47 the pleasure of the board. The commissioner is the executive head
3-48 of the agency [and is secretary to the board, as well as chief
3-49 administrative officer of the agency].
3-50 SECTION 9. Section 111.018, Human Resources Code, is amended
3-51 to read as follows:
3-52 Sec. 111.018. ADMINISTRATIVE REGULATIONS AND POLICIES. (a)
3-53 The board shall:
3-54 (1) adopt policies and rules to effectively carry out
3-55 the purposes of this chapter; and
3-56 (2) supervise the commissioner's administration of
3-57 this chapter.
3-58 (b) In carrying out his or her duties under this chapter,
3-59 the commissioner shall, with the approval of the board, implement
3-60 policies addressing [make regulations governing] personnel
3-61 standards, the protection of records and confidential information,
3-62 the manner and form of filing applications, eligibility,
3-63 investigation, and determination for rehabilitation and other
3-64 services, procedures for hearings, and other regulations subject to
3-65 this section as necessary to carry out the purposes of this
3-66 chapter.
3-67 (c) [(b)] The commissioner shall develop a career ladder
3-68 program, one part of which must require the posting throughout the
3-69 commission of all nonentry level positions concurrently with any
4-1 public posting.
4-2 (d) [(c)] The commissioner shall develop a system of annual
4-3 performance evaluations based on measurable job tasks. All merit
4-4 pay for employees must be based on the system established under
4-5 this subsection.
4-6 (e) [(d)] The board shall provide to its members and
4-7 employees as often as is necessary information regarding their
4-8 qualifications under this chapter and their responsibilities under
4-9 applicable laws relating to standards of conduct for state officers
4-10 or employees.
4-11 (f) [(e)] The board shall develop and implement policies
4-12 that clearly separate the policymaking [respective]
4-13 responsibilities of the board and the management responsibilities
4-14 of [,] the commissioner and staff of the commission. The board may
4-15 delegate to the commissioner, or to a person acting as commissioner
4-16 in the commissioner's absence, any power or duty imposed on the
4-17 board or commission by law except that the board may not delegate
4-18 the power to adopt rules. The delegation of a power or duty must
4-19 be in writing. Any delegation of the board's authority must be
4-20 adopted by the board in a public meeting [, and the other
4-21 employees].
4-22 (g) [(f)] The commissioner or the commissioner's designee
4-23 shall prepare and maintain a written policy statement that
4-24 implements [to assure implementation of] a program of equal
4-25 employment opportunity to ensure that [whereby] all personnel
4-26 decisions [transactions] are made without regard to race, color,
4-27 disability [handicap], sex, religion, age, or national origin. The
4-28 policy statement must include:
4-29 (1) personnel policies, including policies relating to
4-30 recruitment, evaluation, selection, [appointment,] training, and
4-31 promotion of personnel, that show the intent of the commission to
4-32 avoid the unlawful employment practices described by Chapter 21,
4-33 Labor Code; and
4-34 (2) an analysis of the extent to which the composition
4-35 of the commission's personnel is in accordance with state and
4-36 federal law and a description of reasonable methods to achieve
4-37 compliance with state and federal law [;]
4-38 [(2) a comprehensive analysis of the commission's work
4-39 force that meets federal and state guidelines;]
4-40 [(3) procedures by which a determination can be made
4-41 of significant underuse in the agency work force of all persons for
4-42 whom federal or state guidelines encourage a more equitable
4-43 balance; and]
4-44 [(4) reasonable methods to address appropriately areas
4-45 of significant underuse in the agency work force of all persons for
4-46 whom federal or state guidelines encourage a more equitable
4-47 balance].
4-48 (h) The policy statement must:
4-49 (1) be updated annually;
4-50 (2) be reviewed by the state Commission on Human
4-51 Rights for compliance with Subsection (g)(1); and
4-52 (3) be filed with the governor's office [(g) The
4-53 policy statement required by Subsection (f) of this section shall
4-54 be filed with the governor's office before November 1 of each year
4-55 and shall cover the preceding annual period. The governor's office
4-56 shall develop from the information submitted a biennial report to
4-57 the legislature. The report may be made separately or as a part of
4-58 other biennial reports made to the legislature].
4-59 SECTION 10. Section 111.019, Human Resources Code, is
4-60 amended to read as follows:
4-61 Sec. 111.019. PLANNING. The commission [commissioner]
4-62 shall[, with the approval of the board,] make long-range and
4-63 intermediate plans for the scope and development of the program and
4-64 make decisions regarding the allocation of resources in carrying
4-65 out the plans.
4-66 SECTION 11. Section 111.021, Human Resources Code, is
4-67 amended by adding Subsection (c) to read as follows:
4-68 (c) The commission shall post on the Internet in an
4-69 accessible format the reports required under this section and any
5-1 other agency performance data required to be reported to this state
5-2 or the federal government. If a report or performance data
5-3 contains confidential information, the commission shall remove the
5-4 confidential information before posting the report or performance
5-5 data.
5-6 SECTION 12. Section 111.022, Human Resources Code, is
5-7 amended to read as follows:
5-8 Sec. 111.022. DISBURSEMENT OF FUNDS. The commission
5-9 [commissioner] shall make certification for disbursement, in
5-10 accordance with regulations, of funds available for carrying out
5-11 the purposes of this chapter.
5-12 SECTION 13. Section 111.023, Human Resources Code, is
5-13 amended to read as follows:
5-14 Sec. 111.023. OTHER DUTIES. The board [commissioner] shall
5-15 take other action as necessary or appropriate to carry out the
5-16 purposes of this chapter.
5-17 SECTION 14. Section 111.024, Human Resources Code, is
5-18 amended to read as follows:
5-19 Sec. 111.024. DELEGATION TO EMPLOYEES. The commissioner
5-20 may, with the approval of the board, delegate to any officer or
5-21 employee of the commission responsibilities of [those powers and
5-22 duties, except the making of regulations and the appointment of
5-23 personnel,] the commissioner as [finds] necessary to carry out the
5-24 purposes of this chapter.
5-25 SECTION 15. Section 111.025, Human Resources Code, is
5-26 amended to read as follows:
5-27 Sec. 111.025. RESTRICTIONS ON BOARD MEMBERSHIP AND
5-28 EMPLOYMENT. (a) In this section, "Texas trade association" means
5-29 a cooperative and voluntarily joined association of business or
5-30 professional competitors in this state designed to assist its
5-31 members and its industry or profession in dealing with mutual
5-32 business or professional problems and in promoting their common
5-33 interest.
5-34 (b) A person may not be a member of the board and may not be
5-35 a commission employee employed in a "bona fide executive,
5-36 administrative, or professional capacity," as that phrase is used
5-37 for purposes of establishing an exemption to the overtime
5-38 provisions of the federal Fair Labor Standards Act of 1938 (29
5-39 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
5-40 (1) the person is an officer, employee, or paid
5-41 consultant of a Texas trade association in the field of
5-42 rehabilitation; or
5-43 (2) the person's spouse is an officer, manager, or
5-44 paid consultant of a Texas trade association in the field of
5-45 rehabilitation.
5-46 (c) A person may not be a member of the board or act as the
5-47 general counsel to the board or the commission if the person is
5-48 required to register as a lobbyist under Chapter 305, Government
5-49 Code, because of the person's activities for compensation on behalf
5-50 of a profession related to the operation of the commission [An
5-51 officer, employee, or paid consultant of an organization that
5-52 receives funds from the commission in payment for the provision of
5-53 rehabilitation services may not be a member or employee of the
5-54 board, nor may a person who cohabits with or is the spouse of an
5-55 officer, managerial employee, or paid consultant of such an
5-56 association be a member of the board or an employee of the board
5-57 grade 17 or over, including exempt employees, according to the
5-58 position classification schedule under the General Appropriations
5-59 Act.]
5-60 [(b) A person who is required to register as a lobbyist
5-61 under Chapter 305, Government Code, by virtue of his activities on
5-62 behalf of a provider of rehabilitation services, may not serve as a
5-63 member of the board or act as the general counsel to the board].
5-64 SECTION 16. Section 111.026, Human Resources Code, is
5-65 amended by adding Subsections (c), (d), and (e) to read as follows:
5-66 (c) The commission shall maintain a file on each written
5-67 complaint filed with the commission. The file must include:
5-68 (1) the name of the person who filed the complaint;
5-69 (2) the date the complaint is received by the
6-1 commission;
6-2 (3) the subject matter of the complaint;
6-3 (4) the name of each person contacted in relation to
6-4 the complaint;
6-5 (5) a summary of the results of the review or
6-6 investigation of the complaint; and
6-7 (6) an explanation of the reason the file was closed
6-8 if the agency closed the file without taking action other than to
6-9 investigate the complaint.
6-10 (d) The commission shall provide to the person filing the
6-11 complaint and to each person who is a subject of the complaint a
6-12 copy of the commission's policies and procedures relating to
6-13 complaint investigation and resolution.
6-14 (e) The commission, at least quarterly until final
6-15 disposition of the complaint, shall notify the person filing the
6-16 complaint and each person who is a subject of the complaint of the
6-17 status of the investigation unless the notice would jeopardize an
6-18 undercover investigation.
6-19 SECTION 17. Section 111.052, Human Resources Code, is
6-20 amended to read as follows:
6-21 Sec. 111.052. GENERAL FUNCTIONS. (a) The commission shall,
6-22 to the extent of resources available and priorities established by
6-23 the board, provide rehabilitation services directly or through
6-24 public or private resources to individuals determined by the
6-25 commission [commissioner] to be eligible for the services under a
6-26 vocational rehabilitation program, an extended rehabilitation
6-27 services program, or other program established to provide
6-28 rehabilitative services.
6-29 (b) In carrying out the purposes of this chapter, the
6-30 commission may:
6-31 (1) cooperate with other departments, agencies,
6-32 political subdivisions, and institutions, both public and private,
6-33 in providing the services authorized by this chapter to eligible
6-34 individuals, in studying the problems involved, and in planning,
6-35 establishing, developing, and providing necessary or desirable
6-36 programs, facilities, and services, including those jointly
6-37 administered with state agencies;
6-38 (2) enter into reciprocal agreements with other
6-39 states;
6-40 (3) establish or construct rehabilitation facilities
6-41 and workshops, contract with or provide grants to agencies,
6-42 organizations, or individuals as necessary to implement this
6-43 chapter, make contracts or other arrangements with public and other
6-44 nonprofit agencies, organizations, or institutions for the
6-45 establishment of workshops and rehabilitation facilities, and
6-46 operate facilities for carrying out the purposes of this chapter;
6-47 (4) conduct research and compile statistics relating
6-48 to the provision of services to or the need for services by
6-49 disabled individuals;
6-50 (5) provide for the establishment, supervision,
6-51 management, and control of small business enterprises to be
6-52 operated by [severely handicapped] individuals with significant
6-53 disabilities where their operation will be improved through the
6-54 management and supervision of the commission;
6-55 (6) contract with schools, hospitals, private
6-56 industrial firms, and other agencies and with doctors, nurses,
6-57 technicians, and other persons for training, physical restoration,
6-58 transportation, and other rehabilitation services; and
6-59 (7) contract with a public or private agency to
6-60 provide and pay for rehabilitative services under the extended
6-61 rehabilitation services program, including alternative sheltered
6-62 employment or community integrated employment for a person
6-63 participating in the program.
6-64 SECTION 18. Subchapter C, Chapter 111, Human Resources Code,
6-65 is amended by adding Section 111.0525 to read as follows:
6-66 Sec. 111.0525. COORDINATION WITH STATE AGENCIES. (a) The
6-67 commission shall target extended rehabilitation services to those
6-68 individuals who are not eligible to receive similar services from
6-69 the Texas Department of Mental Health and Mental Retardation or
7-1 another agency.
7-2 (b) The commission shall enter into an agreement with the
7-3 Texas Department of Mental Health and Mental Retardation to reduce
7-4 duplication and fragmentation of employment services by defining
7-5 each agency's role and responsibilities for shared client
7-6 populations.
7-7 (c) The commission shall establish a formal referral process
7-8 with the Texas Workforce Commission to ensure that appropriate
7-9 vocational rehabilitation clients are referred to and receive
7-10 services provided by the Texas Workforce Commission or local
7-11 workforce development agencies.
7-12 SECTION 19. Subchapter C, Chapter 111, Human Resources Code,
7-13 is amended by adding Section 111.0551 to read as follows:
7-14 Sec. 111.0551. PROVISION OF MEDICAL SERVICES. In carrying
7-15 out the purposes of this chapter, the commission shall:
7-16 (1) meet health care industry standards in the
7-17 approval of medical services for clients, including the
7-18 advisability of obtaining second opinions;
7-19 (2) adopt a system of quality control that includes
7-20 medical consultation;
7-21 (3) where applicable, include an assessment of whether
7-22 the medical services will benefit the client's ability to return to
7-23 work; and
7-24 (4) conduct an analysis of the risk associated with
7-25 funding medical procedures and maintain a risk management plan that
7-26 reflects current medical knowledge and expertise.
7-27 SECTION 20. Subchapter C, Chapter 111, Human Resources Code,
7-28 is amended by adding Section 111.0552 to read as follows:
7-29 Sec. 111.0552. RATES FOR MEDICAL SERVICES. (a) The board
7-30 shall adopt rules and standards governing the determination of
7-31 rates the commission will pay for medical services and health care
7-32 services.
7-33 (b) Annually, the board shall adopt by rule a schedule of
7-34 rates based on the rules and standards adopted under Subsection
7-35 (a). In adopting the rate schedule, the board shall:
7-36 (1) compare the proposed rate schedule to other
7-37 cost-based rates for medical services, including Medicaid and
7-38 Medicare rates; and
7-39 (2) for any rate adopted that exceeds the Medicare or
7-40 Medicaid rate, document the reasons why the rate adopted ensures
7-41 the best value in the use of dollars for clients.
7-42 (c) The board shall hold a public hearing before adopting
7-43 rules under this section to allow interested persons to present
7-44 comments.
7-45 SECTION 21. Subchapter C, Chapter 111, Human Resources Code,
7-46 is amended by adding Section 111.0553 to read as follows:
7-47 Sec. 111.0553. PROCUREMENT METHODS. The commission shall
7-48 develop and, following review and approval by the board, implement
7-49 agency-wide procurement procedures to:
7-50 (1) ensure compliance with the best-value purchasing
7-51 requirements of Section 2155.144(c), Government Code;
7-52 (2) document that a best-value review of vendors has
7-53 occurred;
7-54 (3) document the reasons for selecting a vendor;
7-55 (4) negotiate price discounts with high-volume
7-56 vendors;
7-57 (5) consolidate purchases with other agencies,
7-58 including the Texas Department of Health and the General Services
7-59 Commission, to achieve best value; and
7-60 (6) provide effective public notification to potential
7-61 vendors of planned commission purchases.
7-62 SECTION 22. Chapter 111, Human Resources Code, is amended by
7-63 adding Subchapter D to read as follows:
7-64 SUBCHAPTER D. VOCATIONAL REHABILITATION SERVICES
7-65 Sec. 111.070. PROVISION OF SERVICES. (a) The board by rule
7-66 shall establish and maintain guidelines for providing vocational
7-67 rehabilitation services that are consistent with state and federal
7-68 laws and regulations and that include:
7-69 (1) a system of organization for the delivery of
8-1 vocational rehabilitation services statewide;
8-2 (2) eligibility requirements for vocational
8-3 rehabilitation services;
8-4 (3) requirements for the rehabilitation planning
8-5 process;
8-6 (4) the types of services that may be provided to a
8-7 client through a vocational rehabilitation program; and
8-8 (5) requirements for client participation in the costs
8-9 of vocational rehabilitation services, including documentation that
8-10 a client has sought benefits for which the client is eligible from
8-11 sources other than the commission and that may assist the client in
8-12 obtaining vocational rehabilitation goods or services.
8-13 (b) The board shall annually assess the effectiveness of the
8-14 state's vocational rehabilitation program.
8-15 Sec. 111.071. TRAINING AND SUPERVISION OF COUNSELORS.
8-16 (a) The commission shall provide specific guidance to vocational
8-17 rehabilitation counselors in:
8-18 (1) selecting vocational objectives according to a
8-19 client's skills, experience, and knowledge;
8-20 (2) documenting a client's impediment to employment;
8-21 (3) selecting rehabilitation services that are
8-22 reasonable and necessary to achieve a client's vocational
8-23 objective;
8-24 (4) measuring client progress toward the vocational
8-25 objective, including the documented, periodic evaluation of the
8-26 client's rehabilitation and participation; and
8-27 (5) determining eligibility of employed and unemployed
8-28 applicants for rehabilitation services using criteria defined by
8-29 board rule to document whether a client is substantially
8-30 underemployed or at risk of losing employment.
8-31 (b) The board by rule shall require monitoring and oversight
8-32 of vocational rehabilitation counselor performance and decision
8-33 making in accordance with this section.
8-34 Sec. 111.072. CLIENT ORIENTATION MATERIALS. The commission
8-35 shall develop and distribute at intake client orientation materials
8-36 for the vocational rehabilitation program that include information
8-37 on the commission's decision-making criteria.
8-38 Sec. 111.073. TRANSITION PLANNING. The commission shall:
8-39 (1) assess the statewide need for services necessary
8-40 to prepare students with disabilities for a successful transition
8-41 to employment;
8-42 (2) establish collaborative relationships with each
8-43 school district with education service centers to the maximum
8-44 extent possible within available resources; and
8-45 (3) develop strategies to assist vocational
8-46 rehabilitation counselors in identifying and reaching students in
8-47 need of transition planning.
8-48 SECTION 23. Section 302.021, Labor Code, is amended by
8-49 adding Subsection (d) to read as follows:
8-50 (d) To the extent permitted under federal law, the division
8-51 shall promote and monitor services provided to persons with
8-52 disabilities, including persons referred from the Texas
8-53 Rehabilitation Commission.
8-54 SECTION 24. This Act takes effect September 1, 1999.
8-55 SECTION 25. (a) The board of the Texas Rehabilitation
8-56 Commission shall adopt each rule required to implement the changes
8-57 in law made by this Act not later than January 1, 2000.
8-58 (b) Section 111.0132, Human Resources Code, as added by this
8-59 Act, does not apply to a member of the board of the Texas
8-60 Rehabilitation Commission appointed before the effective date of
8-61 this Act for the remainder of that member's term.
8-62 SECTION 26. The importance of this legislation and the
8-63 crowded condition of the calendars in both houses create an
8-64 emergency and an imperative public necessity that the
8-65 constitutional rule requiring bills to be read on three several
8-66 days in each house be suspended, and this rule is hereby suspended.
8-67 * * * * *