By Zaffirini S.B. No. 361
76R830 CMR-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 Blind.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 91.001 and 91.011, Human Resources Code,
1-6 are amended to read as follows:
1-7 Sec. 91.001. SUNSET PROVISION. The Texas Commission for the
1-8 Blind is subject to Chapter 325, Government Code (Texas Sunset
1-9 Act). Unless continued in existence as provided by that chapter,
1-10 the commission is abolished and this chapter expires effective
1-11 September 1, 2007 [1999].
1-12 Sec. 91.011. TEXAS COMMISSION FOR THE BLIND. (a) The Texas
1-13 Commission for the Blind is composed of nine members appointed by
1-14 the governor with the consent of the senate. Except as provided by
1-15 this subsection, appointments to the commission [board] shall be
1-16 made without regard to the race, color, disability [handicap], sex,
1-17 religion, age, or national origin of the appointees. Two members
1-18 must be blind citizens of the state and the remaining members must
1-19 be members of the general public. A person is not eligible for
1-20 appointment as a public member if the person or the person's
1-21 spouse:
1-22 (1) is employed by or participates in the management
1-23 of a business entity or other organization regulated by the
1-24 commission or receiving funds from the commission;
2-1 (2) owns, controls, or has, directly or indirectly,
2-2 more than a 10 percent interest in a business entity or other
2-3 organization regulated by the commission or receiving funds from
2-4 the commission; or
2-5 (3) uses or receives a substantial amount of tangible
2-6 goods, services, or funds from the commission.
2-7 (b) A person may not be a member of the commission and may
2-8 not be a commission employee in a "bona fide executive,
2-9 administrative, or professional capacity," as that phrase is used
2-10 for purposes of establishing an exemption to the overtime
2-11 provisions of the federal Fair Labor Standards Act of 1938 (29
2-12 U.S.C. Section 201 et seq.) and its subsequent amendments if:
2-13 (1) the person is an officer, employee, or paid
2-14 consultant of a Texas trade association in the field of service
2-15 provision to persons with visual impairments or a field that
2-16 otherwise relates to persons with visual impairments; or
2-17 (2) the person's spouse is an officer, manager, or
2-18 paid consultant of a Texas trade association in the field of
2-19 service provision to persons with visual impairments or a field
2-20 that otherwise relates to persons with visual impairments.
2-21 In this subsection "Texas trade association" means a
2-22 cooperative and voluntarily joined association of business or
2-23 professional competitors in this state designed to assist its
2-24 members and its industry or profession in dealing with mutual
2-25 business or professional problems and in promoting their common
2-26 interest. [An officer, employee, or paid consultant of an
2-27 association that has as its primary interest the provision of
3-1 services to, or other matters relating to, the blind may not be a
3-2 member or employee of the commission, nor may a person who cohabits
3-3 with or is the spouse of an officer, managerial employee, or paid
3-4 consultant of such an association be a member of the commission or
3-5 an employee of the commission grade 17 or over, including exempt
3-6 employees, according to the position classification schedule under
3-7 the General Appropriations Act.]
3-8 (c) A person may not be a member of the commission or act as
3-9 the general counsel to the commission if the person [who] is
3-10 required to register as a lobbyist under Chapter 305, Government
3-11 Code, because [by virtue] of the person's [his] activities for
3-12 compensation on behalf of a profession related to the operation of
3-13 the commission [provider of services to the blind, may not serve as
3-14 a member of the commission or act as the general counsel to the
3-15 commission].
3-16 (d) [(c)] Members of the commission hold office for terms of
3-17 six years with the terms of three members expiring on February 1 of
3-18 odd-numbered years.
3-19 (e) [(d)] Commission members and consumer advisory committee
3-20 members are entitled to a per diem, set by the General
3-21 Appropriations Act, for each day of attendance at an official
3-22 meeting as authorized by the commission. Commission members are
3-23 entitled to reimbursement for necessary expenses of travel on
3-24 official business. Consumer advisory committee members are
3-25 entitled to reimbursement for travel expenses in the same manner as
3-26 state employees. A commission member or consumer advisory
3-27 committee member who is disabled and, because of the disability,
4-1 requires special aids or a travel attendant in order to attend an
4-2 official meeting is entitled to reimbursement for the cost of the
4-3 special aids or attendant in accordance with rules set by the
4-4 commission.
4-5 (f) [(e)] The governor shall designate a member of the
4-6 commission to serve as presiding officer, and the officer shall
4-7 serve at the governor's pleasure.
4-8 (g) [(f)] Five members of the commission constitute a quorum
4-9 for the transaction of business.
4-10 (h) [(g)] The commission shall adopt rules prescribing the
4-11 policies and procedures followed by the commission in the
4-12 administration of its programs.
4-13 SECTION 2. Section 91.015(c), Human Resources Code, is
4-14 amended to read as follows:
4-15 (c) If the executive director [agency head] has knowledge
4-16 that a potential ground for removal exists, the executive director
4-17 [he] shall notify the presiding officer [chairman] of the
4-18 commission of the potential [such] ground. The presiding officer
4-19 [chairman of the commission] shall then notify the governor and the
4-20 attorney general that a potential ground for removal exists. If
4-21 the potential ground for removal involves the presiding officer,
4-22 the executive director shall notify the next highest ranking
4-23 officer of the commission, who shall then notify the governor and
4-24 the attorney general that a potential ground for removal exists.
4-25 SECTION 3. Sections 91.016(c) and (d), Human Resources Code,
4-26 are amended to read as follows:
4-27 (c) The executive director or the executive director's
5-1 designee [commission] shall provide to [its] members and employees
5-2 of the commission as often as is necessary information regarding
5-3 their qualifications under this title and their responsibilities
5-4 under applicable laws relating to standards of conduct for state
5-5 officers or employees.
5-6 (d) The commission shall develop and implement policies
5-7 which clearly separate the policymaking [respective]
5-8 responsibilities of the commission [governing body of the agency]
5-9 and the management responsibilities of the executive director and
5-10 the staff of the commission [agency].
5-11 SECTION 4. Subchapter B, Chapter 91, Human Resources Code,
5-12 is amended by amending Sections 91.017 and 91.018 and adding
5-13 Section 91.020 to read as follows:
5-14 Sec. 91.017. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
5-15 (a) The executive director or the executive director's [his or
5-16 her] designee shall prepare and maintain a written policy statement
5-17 [plan] to ensure that [assure implementation of a program of equal
5-18 employment opportunity whereby] all personnel transactions are made
5-19 without regard to race, color, disability [handicap], sex,
5-20 religion, age, or national origin. The policy statement must [plan
5-21 shall] include:
5-22 (1) personnel policies, including policies relating to
5-23 recruitment, evaluation, selection, training, and promotion of
5-24 personnel, that show the intent of the commission to avoid the
5-25 unlawful employment practices described by Chapter 21, Labor Code;
5-26 and
5-27 (2) an analysis of the extent to which the composition
6-1 of the commission's personnel is in accordance with state and
6-2 federal law and a description of reasonable methods to achieve
6-3 compliance with state and federal law [a comprehensive analysis
6-4 which meets federal and state guidelines of all the commission's
6-5 work force by race, sex, ethnic origin, class of position, and
6-6 salary or wages;]
6-7 [(2) plans for recruitment, evaluation, selection,
6-8 appointment, training, promotion, and other personnel policies;]
6-9 [(3) procedures by which a determination can be made
6-10 of significant underutilization in the agency work force of all
6-11 persons for whom federal and state guidelines encourage a more
6-12 equitable balance and steps reasonably designed to overcome any
6-13 identified underutilization; and]
6-14 [(4) objectives and goals, with appropriate timetables
6-15 for the achievement of the objectives and goals, assignments of
6-16 responsibility for their achievement, and an appropriate program
6-17 for reviewing and maintaining these goals and objectives once
6-18 achieved].
6-19 (b) The policy statement must:
6-20 (1) be updated annually;
6-21 (2) be reviewed by the state Commission on Human
6-22 Rights for compliance with Subsection (a)(1); and
6-23 (3) be filed with the governor's office.
6-24 Sec. 91.018. RELATIONS WITH PUBLIC. (a) The commission
6-25 shall prepare information of public interest describing the
6-26 functions of the commission and describing the commission's
6-27 procedures by which complaints are filed with and resolved by the
7-1 commission. The commission shall make the information available to
7-2 the general public and appropriate state agencies.
7-3 (b) The commission shall promulgate rules establishing
7-4 methods by which consumers or service recipients can be notified of
7-5 the name, mailing address, and telephone number of the commission
7-6 for the purpose of directing complaints to the commission. The
7-7 commission may provide for the notification through inclusion of
7-8 the information:
7-9 (1) on each registration form, application, or written
7-10 contract for services of a person or entity regulated or authorized
7-11 by this title;
7-12 (2) on a sign that is prominently displayed in the
7-13 place of business of each person or entity regulated or authorized
7-14 by this title; or
7-15 (3) in a bill for service provided by a person or
7-16 entity regulated or authorized by this title.
7-17 (c) Except as required by federal regulations for resolving
7-18 complaints received from people who are receiving service from the
7-19 commission, the [The] commission shall maintain a [keep an
7-20 information] file on [about] each written complaint filed with the
7-21 commission. The file must include:
7-22 (1) the name of the person who filed the complaint;
7-23 (2) the date the complaint is received by the
7-24 commission;
7-25 (3) the subject matter of the complaint;
7-26 (4) the name of each person contacted in relation to
7-27 the complaint;
8-1 (5) a summary of the results of the review or
8-2 investigation of the complaint; and
8-3 (6) an explanation of the reason the file was closed
8-4 if the agency closed the file without taking action other than to
8-5 investigate the complaint [relating to a licensee or entity
8-6 regulated by the commission].
8-7 (d) The [If a written complaint is filed with the commission
8-8 relating to a licensee or entity regulated by the commission, the]
8-9 commission, at least [as frequently as] quarterly [and] until final
8-10 disposition of the complaint, shall notify the person filing the
8-11 complaint and each person who is a subject of [parties to] the
8-12 complaint of the status of the complaint unless the notice would
8-13 jeopardize an undercover investigation.
8-14 (e) The commission shall provide to the person filing the
8-15 complaint and to each person who is a subject of the complaint a
8-16 copy of the commission's policies and procedures relating to
8-17 complaint investigation and resolution.
8-18 (f) The commission shall develop and implement policies that
8-19 will provide the public with a reasonable opportunity to appear
8-20 before the commission and to speak on any issue under the
8-21 jurisdiction of the commission.
8-22 (g) [(f)] The commission shall establish a consumer advisory
8-23 committee and adopt rules relating to the committee's size,
8-24 geographical representation, meetings, duties, and reporting
8-25 requirements.
8-26 Sec. 91.020. TRAINING OF COMMISSION MEMBERS. (a) A person
8-27 who is appointed to and qualifies for office as a member of the
9-1 commission may not vote, deliberate, or be counted as a member in
9-2 attendance at a meeting of the commission until the person
9-3 completes a training program that complies with this section.
9-4 (b) The training program must provide the person with
9-5 information regarding:
9-6 (1) the legislation that created the commission;
9-7 (2) the programs operated by the commission;
9-8 (3) the role and functions of the commission;
9-9 (4) the rules of the commission with an emphasis on
9-10 the rules that relate to disciplinary and investigatory authority;
9-11 (5) the current budget for the commission;
9-12 (6) the results of the most recent formal audit of the
9-13 commission;
9-14 (7) the requirements of:
9-15 (A) the open meetings law, Chapter 551,
9-16 Government Code;
9-17 (B) the public information law, Chapter 552,
9-18 Government Code;
9-19 (C) the administrative procedure law, Chapter
9-20 2001, Government Code; and
9-21 (D) other laws relating to public officials,
9-22 including conflict of interest laws; and
9-23 (8) any applicable ethics policies adopted by the
9-24 commission or the Texas Ethics Commission.
9-25 (c) A person appointed to the commission is entitled to
9-26 reimbursement, as provided by the General Appropriations Act, for
9-27 the travel expenses incurred in attending the training program
10-1 regardless of whether the attendance at the program occurs before
10-2 or after the person qualifies for office.
10-3 SECTION 5. Subchapter C, Chapter 91, Human Resources Code,
10-4 is amended by amending Section 91.028 and adding Sections 91.022,
10-5 91.029, 91.030, and 91.031 to read as follows:
10-6 Sec. 91.022. SERVICE DELIVERY. (a) The commission shall
10-7 establish and maintain, by rule, guidelines for the delivery of
10-8 services by the commission. The guidelines must be consistent with
10-9 state and federal law and regulations and must include rules
10-10 relating to:
10-11 (1) oversight and monitoring of service delivery;
10-12 (2) guidance to counselors on service delivery
10-13 procedures;
10-14 (3) case management benchmarks establishing reasonable
10-15 time frames for service delivery; and
10-16 (4) financial planning information for the commission.
10-17 (b) The commission shall establish written procedures
10-18 relating to the evaluation of services delivered by the commission
10-19 to provide guidance to counselors and commission employees. These
10-20 procedures must include methods to evaluate:
10-21 (1) client progress;
10-22 (2) service delivery effectiveness; and
10-23 (3) counselor performance.
10-24 Sec. 91.028. SERVICES FOR VISUALLY HANDICAPPED CHILDREN.
10-25 (a) The commission may provide services to visually handicapped
10-26 children to supplement the services provided by other state
10-27 agencies if the commission determines that the provision of the
11-1 services is appropriate and that the services will assist the
11-2 children in achieving financial self-sufficiency and a fuller and
11-3 richer life. It is the intention of the legislature that all state
11-4 agencies concerned with visually handicapped children cooperate
11-5 fully to achieve this purpose.
11-6 (b) The commission shall establish, by rule, the income
11-7 level at which the Medicaid eligibility of a client applying for
11-8 services under Subsection (a) shall be verified.
11-9 (c) The commission shall verify the Medicaid eligibility of
11-10 a client applying for services under Subsection (a) whose income
11-11 level is equal to or less than the income level established by the
11-12 commission under Subsection (b).
11-13 (d) The commission shall verify the Medicaid eligibility of
11-14 a client who is required by the commission to apply for Medicaid
11-15 not later than the 90th day after the date the application for
11-16 services from the commission is made.
11-17 (e) In verifying Medicaid eligibility, an employee of the
11-18 commission shall:
11-19 (1) examine appropriate state or private Medicaid
11-20 eligibility databases; and
11-21 (2) record on each client's application for services
11-22 whether Medicaid eligibility was verified, the source of the
11-23 verification, and the date of the verification.
11-24 Sec. 91.029. RATES FOR MEDICAL SERVICES. (a) The
11-25 commission shall adopt rules and standards governing the
11-26 determination of rates the commission will pay for medical services
11-27 provided under this chapter. The rules and standards must include
12-1 a schedule for periodic reevaluation of the rates.
12-2 (b) The commission shall adopt rules establishing a schedule
12-3 of rates based on the rules and standards adopted under Subsection
12-4 (a). In adopting the rate schedule, the commission shall:
12-5 (1) compare the proposed rate schedule to other
12-6 cost-based rates for medical services, including Medicaid and
12-7 Medicare rates; and
12-8 (2) document the reason that any rate exceeds the
12-9 Medicaid or Medicare rate for the same service.
12-10 Sec. 91.030. CONTRACTS FOR SERVICE. (a) The commission
12-11 shall include in its contracts with service providers provisions
12-12 relating to:
12-13 (1) clearly defined and measurable program performance
12-14 standards that directly relate to the service provided;
12-15 (2) clearly defined penalties for nonperformance of a
12-16 contract term; and
12-17 (3) clearly specified accounting, reporting, and
12-18 auditing requirements applicable to money received under the
12-19 contract.
12-20 (b) The commission shall monitor a service provider's
12-21 performance under a contract for service. In monitoring
12-22 performance, the commission shall:
12-23 (1) use a risk-assessment methodology to institute
12-24 statewide monitoring of contract compliance of service providers;
12-25 and
12-26 (2) evaluate service providers based on clearly
12-27 defined and measurable program performance objectives.
13-1 Sec. 91.031. CONTRACTS FOR ADAPTIVE TECHNOLOGY. The
13-2 commission shall include in a contract with a supplier of adaptive
13-3 technology equipment provisions that require the supplier to:
13-4 (1) provide training for clients receiving the
13-5 adaptive technology equipment; and
13-6 (2) maintain the adaptive technology equipment.
13-7 SECTION 6. The changes in law made by this Act in the
13-8 prohibitions applying to members of the Texas Commission for the
13-9 Blind do not affect the entitlement of a member serving on the
13-10 commission immediately before September 1, 1999, to continue to
13-11 carry out the functions of the commission for the remainder of the
13-12 member's term. The changes in law apply only to a member appointed
13-13 on or after September 1, 1999.
13-14 SECTION 7. This Act takes effect September 1, 1999.
13-15 SECTION 8. The importance of this legislation and the
13-16 crowded condition of the calendars in both houses create an
13-17 emergency and an imperative public necessity that the
13-18 constitutional rule requiring bills to be read on three several
13-19 days in each house be suspended, and this rule is hereby suspended.