By Harris S.B. No. 359
76R833 DB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Commission
1-3 for the Deaf and Hard of Hearing.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 81.002, Human Resources Code, is amended
1-6 by amending Subsections (d) and (e) and adding Subsection (g) to
1-7 read as follows:
1-8 (d) A person may not be a member of the commission and may
1-9 not be a commission employee employed in a "bona fide executive,
1-10 administrative, or professional capacity," as that phrase is used
1-11 for purposes of establishing an exemption to the overtime
1-12 provisions of the federal Fair Labor Standards Act of 1938 (29
1-13 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
1-14 (1) the person is an officer, employee, or paid
1-15 consultant of a Texas trade association in the field of services
1-16 for people who are deaf or hard of hearing; or
1-17 (2) the person's spouse is an officer, manager, or
1-18 paid consultant of a Texas trade association in the field of
1-19 services for people who are deaf or hard of hearing [An officer,
1-20 employee, or paid consultant of an association representing the
1-21 interests of persons who are deaf or hard of hearing may not be a
1-22 member or employee of the commission, nor may a person who cohabits
1-23 with or is the spouse of an officer, managerial employee, or paid
1-24 consultant of an association representing the interests of persons
2-1 who are deaf or hard of hearing be a member of the commission or an
2-2 employee of the commission grade 17 and over, including exempt
2-3 employees, according to the position classification schedule under
2-4 the General Appropriations Act].
2-5 (e) A person may not be a member of the commission or act as
2-6 the general counsel to the commission if the person is required to
2-7 register as a lobbyist under Chapter 305, Government Code, because
2-8 of the person's activities for compensation on behalf of a
2-9 profession related to the operation of the commission [A person who
2-10 is required to register as a lobbyist under Chapter 305, Government
2-11 Code, by virtue of his activities for compensation in or on behalf
2-12 of a profession related to the operation of the commission, may not
2-13 serve as a member of the commission or act as the general counsel
2-14 to the commission].
2-15 (g) In this section, "Texas trade association" means a
2-16 cooperative and voluntarily joined association of business or
2-17 professional competitors in this state designed to assist its
2-18 members and its industry or profession in dealing with mutual
2-19 business or professional problems and in promoting their common
2-20 interest.
2-21 SECTION 2. Section 81.0021(c), Human Resources Code, is
2-22 amended to read as follows:
2-23 (c) If the executive director has knowledge that a potential
2-24 ground for removal exists, he shall notify the chairman of the
2-25 commission of such ground. The chairman of the commission shall
2-26 then notify the governor and the attorney general that a potential
2-27 ground for removal exists. If the potential ground for removal
3-1 involves the chairman, the executive director shall notify the next
3-2 highest ranking officer of the commission, who shall then notify
3-3 the governor and the attorney general that a potential ground for
3-4 removal exists.
3-5 SECTION 3. Chapter 81, Human Resources Code, is amended by
3-6 adding Section 81.0022 to read as follows:
3-7 Sec. 81.0022. TRAINING. (a) A person who is appointed to
3-8 and qualifies for office as a member of the commission may not
3-9 vote, deliberate, or be counted as a member in attendance at a
3-10 meeting of the commission until the person completes a training
3-11 program that complies with this section.
3-12 (b) The training program must provide the person with
3-13 information regarding:
3-14 (1) the legislation that created the commission;
3-15 (2) the programs operated by the commission;
3-16 (3) the role and functions of the commission;
3-17 (4) the rules of the commission with an emphasis on
3-18 the rules that relate to disciplinary and investigatory authority;
3-19 (5) the current budget for the commission;
3-20 (6) the results of the most recent formal audit of the
3-21 commission;
3-22 (7) the requirements of:
3-23 (A) the open meetings law, Chapter 551,
3-24 Government Code;
3-25 (B) the public information law, Chapter 552,
3-26 Government Code;
3-27 (C) the administrative procedure law, Chapter
4-1 2001, Government Code; and
4-2 (D) other laws relating to public officials,
4-3 including conflict-of-interest laws; and
4-4 (8) any applicable ethics policies adopted by the
4-5 commission or the Texas Ethics Commission.
4-6 (c) A person appointed to the commission is entitled to
4-7 reimbursement, as provided by the General Appropriations Act, for
4-8 the travel expenses incurred in attending the training program
4-9 regardless of whether the attendance at the program occurs before
4-10 or after the person qualifies for office.
4-11 SECTION 4. Section 81.004, Human Resources Code, is amended
4-12 to read as follows:
4-13 Sec. 81.004. SUNSET PROVISION. The Texas Commission for the
4-14 Deaf and Hard of Hearing is subject to Chapter 325, Government Code
4-15 (Texas Sunset Act). Unless the commission is continued in existence
4-16 as provided by that chapter, the commission is abolished and this
4-17 chapter expires September 1, 2007 [1999].
4-18 SECTION 5. Section 81.005(b), Human Resources Code, is
4-19 amended to read as follows:
4-20 (b) The commission shall hold at least six meetings a year.
4-21 The [During at least one of those meetings, the] commission shall
4-22 receive public comment on the operations of the commission and the
4-23 concerns of the deaf or hard of hearing community. The commission
4-24 shall develop and implement policies that will provide the public
4-25 with a reasonable opportunity to appear before the commission and
4-26 to speak on any issue under the jurisdiction of the commission.
4-27 SECTION 6. Section 81.006, Human Resources Code, is amended
5-1 to read as follows:
5-2 Sec. 81.006. DUTIES AND POWERS. (a) The commission shall:
5-3 (1) develop and implement a statewide program of
5-4 advocacy and education to ensure continuity of services to persons
5-5 who are deaf or hard of hearing;
5-6 (2) provide direct services to persons who are deaf or
5-7 hard of hearing, including interpreter services, information and
5-8 referral services, advocacy services, services to elderly persons
5-9 who are deaf or hard of hearing, and training in accessing basic
5-10 life skills;
5-11 (3) work to ensure more effective coordination and
5-12 cooperation among public and nonprofit organizations providing
5-13 social and educational services to individuals who are deaf or hard
5-14 of hearing;
5-15 (4) maintain a registry of available interpreters for
5-16 persons who are deaf or hard of hearing by updating the registry at
5-17 least quarterly and making the registry available to interested
5-18 persons at cost;
5-19 (5) establish a system to approve and provide courses
5-20 and workshops for the instruction and continuing education of
5-21 interpreters for persons who are deaf or hard of hearing;
5-22 (6) annually adopt by rule a schedule of fees, payable
5-23 by the commission for interpreter services with graduated fee
5-24 amounts, that:
5-25 (A) reflects the skill level of the interpreter;
5-26 and
5-27 (B) applies only when the commission determines
6-1 that there is not sufficient competition among interpretation
6-2 services within a particular service region to provide
6-3 interpretation services at a fair market price [annually review the
6-4 schedule of fees recommended by the commission for the payment of
6-5 interpreters and, as a result of the findings of the review and
6-6 other relevant information, adopt by rule a schedule of maximum
6-7 allowable hourly fees to be paid to interpreters with varied levels
6-8 of skill by a state agency, court, or a political subdivision of
6-9 the state];
6-10 (7) assist institutions of higher education in
6-11 initiating training programs for interpreters and develop
6-12 guidelines for instruction to promote uniformity of signs taught
6-13 within those programs; and
6-14 (8) with the assistance of the Texas Education Agency,
6-15 develop standards for evaluation of the programs described by
6-16 Subdivision (7).
6-17 (b) The commission may:
6-18 (1) appoint one or more advisory committees to consult
6-19 with and advise the commission;
6-20 (2) charge and collect authorized fees and accept
6-21 gifts, grants, and donations of money, personal property, or real
6-22 property for use in expanding and improving services to persons of
6-23 this state who are deaf or hard of hearing;
6-24 (3) adopt rules necessary to implement this chapter;
6-25 (4) contract with or provide grants to agencies,
6-26 organizations, or individuals as necessary to implement this
6-27 chapter; [and]
7-1 (5) charge and collect a fee for training interpreters
7-2 in a reasonable amount to be set by the commission to defray the
7-3 cost of conducting the training;
7-4 (6) develop guidelines for trilingual interpretation
7-5 services; and
7-6 (7) provide training programs for persons who provide
7-7 trilingual interpretation services.
7-8 (c) The schedule of fees adopted under Subsection (a)(6)
7-9 shall be adopted by other state agencies. If the commission
7-10 determines by rule that certificates issued to interpreters by
7-11 different entities represent equivalent skill levels, the fees
7-12 recommended for the payment of interpreters holding those
7-13 certificates must be equivalent. On request, the commission shall
7-14 send a copy of the fee schedule to a governmental entity.
7-15 (d) The commission shall file annually with the governor and
7-16 the presiding officer of each house of the legislature a complete
7-17 and detailed written report accounting for all funds received and
7-18 disbursed by the commission during the preceding year. The form of
7-19 the annual report and the reporting time shall be that provided in
7-20 the General Appropriations Act.
7-21 (e) [The commission shall provide to its members and
7-22 employees as often as is necessary information regarding their
7-23 qualifications under this chapter and their responsibilities under
7-24 applicable laws relating to standards of conduct for state officers
7-25 or employees.]
7-26 [(f)] The commission shall develop and implement policies
7-27 that clearly define the respective responsibilities of the
8-1 governing body of the commission and the staff of the commission.
8-2 (f) [(g)] The commission shall establish and charge
8-3 reasonable fees for some or all commission publications to cover
8-4 the commission's publication costs. However, the commission shall
8-5 waive the fee if a person who is deaf or hard of hearing is
8-6 financially unable to pay for the publication, and may waive the
8-7 fees for publications provided to certain entities. The commission
8-8 shall adopt rules to implement this subsection. The rules must
8-9 specify the standards used for determining ability to pay for a
8-10 publication and must specify the types of entities for which the
8-11 fees will be waived.
8-12 SECTION 7. Section 81.007, Human Resources Code, is amended
8-13 by amending Subsections (f) and (g) and adding Subsection (l) to
8-14 read as follows:
8-15 (f) The commission may waive any prerequisite to obtaining a
8-16 certificate [certification requirement] for an applicant after
8-17 reviewing the applicant's credentials and determining that the
8-18 applicant holds a certificate issued by another jurisdiction that
8-19 has [with a valid certificate from another state having]
8-20 certification requirements substantially equivalent to those of
8-21 this state. The commission may waive any prerequisite to obtaining
8-22 a certificate for an applicant who holds a certificate issued by
8-23 another jurisdiction with which this state has a reciprocity
8-24 agreement. The commission may make an agreement, subject to the
8-25 approval of the governor, with another state to allow for
8-26 certification by reciprocity.
8-27 (g) The commission by rule may adopt a system under which
9-1 certificates expire on various dates during the year. For the year
9-2 in which the certificate expiration date is changed, the
9-3 commission shall prorate certificate fees on a monthly basis so
9-4 that each certificate holder pays only that portion of the
9-5 certificate fee that is allocable to the number of months during
9-6 which the certificate is valid. On renewal of the certificate on
9-7 the new expiration date, the total certificate renewal fee is
9-8 payable.
9-9 (l) The commission shall recognize, prepare, or administer
9-10 continuing education programs for its certificate holders. A
9-11 certificate holder must participate in the programs to the extent
9-12 required by the commission to keep the person's certificate.
9-13 SECTION 8. Section 81.0071, Human Resources Code, is amended
9-14 by amending Subsection (a) and adding Subsection (c) to read as
9-15 follows:
9-16 (a) Not later than the 60th day after the date [day] on
9-17 which a certification examination is administered under this
9-18 chapter, the commission shall notify each examinee of the results
9-19 of the examination. However, if an examination is graded or
9-20 reviewed by a national testing service, the commission shall notify
9-21 examinees of the results of the examination not later than the 14th
9-22 day after the date [day] on which the commission receives the
9-23 results from the testing service. If the notice of the examination
9-24 results will be delayed for longer than 90 days after the
9-25 examination date, the commission shall notify each examinee of the
9-26 reason for the delay before the 90th day.
9-27 (c) The commission may require a testing service to notify a
10-1 person of the results of the person's examination.
10-2 SECTION 9. Chapter 81, Human Resources Code, is amended by
10-3 adding Section 81.0073 to read as follows:
10-4 Sec. 81.0073. CERTIFICATE RENEWAL. (a) A person who is
10-5 otherwise eligible to renew a certificate may renew an unexpired
10-6 certificate by paying the required renewal fee to the commission
10-7 before the expiration date of the certificate. A person whose
10-8 certificate has expired may not engage in activities that require a
10-9 certificate until the certificate has been renewed.
10-10 (b) A person whose certificate has been expired for 90 days
10-11 or less may renew the certificate by paying to the commission a
10-12 renewal fee that is equal to 1-1/2 times the normally required
10-13 renewal fee.
10-14 (c) A person whose certificate has been expired for more
10-15 than 90 days but less than one year may renew the certificate by
10-16 paying to the commission a renewal fee that is equal to two times
10-17 the normally required renewal fee.
10-18 (d) A person whose certificate has been expired for one year
10-19 or more may not renew the certificate. The person may obtain a new
10-20 certificate by complying with the requirements and procedures,
10-21 including the examination requirements, for obtaining an original
10-22 certificate.
10-23 (e) A person who was certified in this state, moved to
10-24 another state, and is currently certified and has been in practice
10-25 in the other state for the two years preceding the date of
10-26 application may obtain a new certificate without reexamination.
10-27 The person must pay to the commission a fee that is equal to two
11-1 times the normally required renewal fee for the certificate.
11-2 (f) Not later than the 30th day before the date a person's
11-3 certificate is scheduled to expire, the commission shall send
11-4 written notice of the impending expiration to the person at the
11-5 person's last known address according to the records of the
11-6 commission.
11-7 SECTION 10. Chapter 81, Human Resources Code, is amended by
11-8 adding Section 81.0074 to read as follows:
11-9 Sec. 81.0074. PROVISIONAL CERTIFICATE. (a) The commission
11-10 may issue a provisional certificate to an applicant currently
11-11 certified in another jurisdiction who seeks a certificate in this
11-12 state and who:
11-13 (1) has been certified in good standing as an
11-14 interpreter for at least two years in another jurisdiction,
11-15 including a foreign country, that has certification requirements
11-16 substantially equivalent to the requirements of this chapter;
11-17 (2) has passed a national or other examination
11-18 recognized by the commission relating to the practice of
11-19 interpretation for people who are deaf or hard of hearing; and
11-20 (3) is sponsored by a person certified by the
11-21 commission under this chapter with whom the provisional certificate
11-22 holder will practice during the time the person holds a provisional
11-23 certificate.
11-24 (b) The commission may waive the requirement of Subsection
11-25 (a)(3) for an applicant if the commission determines that
11-26 compliance with that subsection would be a hardship to the
11-27 applicant.
12-1 (c) A provisional certificate is valid until the date the
12-2 commission approves or denies the provisional certificate holder's
12-3 application for a certificate. The commission shall issue a
12-4 certificate under this chapter to the provisional certificate
12-5 holder if:
12-6 (1) the provisional certificate holder is eligible to
12-7 be certified under Section 81.007(f); or
12-8 (2) the provisional certificate holder passes the part
12-9 of the examination under this chapter that relates to the
12-10 applicant's knowledge and understanding of the laws and rules
12-11 relating to the practice of interpretation for people who are deaf
12-12 or hard of hearing in this state, and:
12-13 (A) the commission verifies that the provisional
12-14 certificate holder meets the academic and experience requirements
12-15 for a certificate under this chapter; and
12-16 (B) the provisional certificate holder satisfies
12-17 any other certification requirements under this chapter.
12-18 (d) The commission must approve or deny a provisional
12-19 certificate holder's application for a certificate not later than
12-20 the 180th day after the date the provisional certificate is issued.
12-21 The commission may extend the 180-day period if the results of an
12-22 examination have not been received by the commission before the end
12-23 of that period.
12-24 (e) The commission may establish a fee for provisional
12-25 certificates in an amount reasonable and necessary to cover the
12-26 cost of issuing the certificate.
12-27 SECTION 11. Section 81.008, Human Resources Code, is amended
13-1 by amending Subsection (d) and adding Subsections (e) and (f) to
13-2 read as follows:
13-3 (d) The executive director or the executive director's [his
13-4 or her] designee shall prepare and maintain a written policy
13-5 statement [plan] to assure implementation of a program of equal
13-6 employment opportunity whereby all personnel transactions are made
13-7 without regard to race, color, disability [handicap], sex,
13-8 religion, age, or national origin. The policy statement must [plan
13-9 shall] include:
13-10 (1) personnel policies, including policies relating to
13-11 recruitment, evaluation, selection, training, and promotion of
13-12 personnel, that show the intent of the commission to avoid the
13-13 unlawful employment practices described by Chapter 21, Labor Code
13-14 [a comprehensive analysis which meets federal and state guidelines
13-15 of all the agency's work force by race, sex, ethnic origin, class
13-16 of position, and salary or wages]; and
13-17 (2) an analysis of the extent to which the composition
13-18 of the commission's personnel is in accordance with state and
13-19 federal law and a description of reasonable methods to achieve
13-20 compliance with state and federal law [plans for recruitment,
13-21 evaluation, selection, appointment, training, promotion, and other
13-22 personnel policies;]
13-23 [(3) procedures by which a determination can be made
13-24 of significant underutilization in the agency work force of all
13-25 persons for whom federal and state guidelines encourage a more
13-26 equitable balance and steps reasonably designed to overcome any
13-27 identified underutilization; and]
14-1 [(4) objectives and goals, with appropriate timetables
14-2 for the achievement of the objectives and goals, assignments of
14-3 responsibility for their achievement, and an appropriate program
14-4 for reviewing and maintaining these goals and objectives once
14-5 achieved].
14-6 (e) The policy statement must:
14-7 (1) be updated annually;
14-8 (2) be reviewed by the state Commission on Human
14-9 Rights for compliance with Subsection (d)(1); and
14-10 (3) be filed with the governor's office.
14-11 (f) The executive director or the executive director's
14-12 designee shall provide to members of the commission and to
14-13 commission employees, as often as necessary, information regarding
14-14 the requirements for office or employment under this chapter,
14-15 including information regarding a person's responsibilities under
14-16 applicable laws relating to standards of conduct for state officers
14-17 or employees.
14-18 SECTION 12. Section 81.014, Human Resources Code, is amended
14-19 by amending Subsections (c) and (d) and adding Subsections (e) and
14-20 (f) to read as follows:
14-21 (c) The [If a written complaint is filed with the commission
14-22 relating to a person or entity regulated by the commission, the]
14-23 commission, at least [as frequently as] quarterly [and] until final
14-24 disposition of the complaint, shall notify the person filing the
14-25 complaint and each person who is a subject of the complaint
14-26 [parties to the complaint] of the status of the investigation
14-27 [complaint] unless the notice would jeopardize an undercover
15-1 investigation.
15-2 (d) The commission shall maintain a [keep an information]
15-3 file on [about] each written complaint filed with the commission
15-4 [relating to a person or entity regulated by the commission]. The
15-5 file must include:
15-6 (1) the name of the person who filed the complaint;
15-7 (2) the date the complaint is received by the
15-8 commission;
15-9 (3) the subject matter of the complaint;
15-10 (4) the name of each person contacted in relation to
15-11 the complaint;
15-12 (5) a summary of the results of the review or
15-13 investigation of the complaint; and
15-14 (6) an explanation of the reason the file was closed,
15-15 if the commission closed the file without taking action other than
15-16 to investigate the complaint.
15-17 (e) The commission shall provide to the person filing the
15-18 complaint and to each person who is a subject of the complaint a
15-19 copy of the commission's policies and procedures relating to
15-20 complaint investigation and resolution.
15-21 (f) The commission shall adopt rules to establish reasonable
15-22 time limits for the resolution of complaints.
15-23 SECTION 13. The changes in law made by this Act in the
15-24 qualifications of, and the prohibitions applying to, members of the
15-25 Texas Commission for the Deaf and Hard of Hearing do not affect the
15-26 entitlement of a member serving on the commission immediately
15-27 before September 1, 1999, to continue to carry out the functions of
16-1 the commission for the remainder of the member's term. The changes
16-2 in law apply only to a member appointed on or after September 1,
16-3 1999.
16-4 SECTION 14. This Act takes effect September 1, 1999.
16-5 SECTION 15. The importance of this legislation and the
16-6 crowded condition of the calendars in both houses create an
16-7 emergency and an imperative public necessity that the
16-8 constitutional rule requiring bills to be read on three several
16-9 days in each house be suspended, and this rule is hereby suspended.