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Amend CSHB 3575 (Senate committee report) by adding the
following appropriately numbered SECTIONS to the bill and
renumbering existing SECTIONS accordingly:
SECTION ___. Subchapter A, Chapter 531, Government Code, is
amended by adding Section 531.019 to read as follows:
Sec. 531.019. SERVICES PROVIDED BY CONTRACTOR TO PERSONS
WITH LIMITED ENGLISH PROFICIENCY. (a) Each contract with the
commission or a health and human services agency that requires the
provision of call center services or written communications related
to call center services must include performance standards that
measure the effectiveness, promptness, and accuracy of the
contractor's oral and written communications with persons with
limited English proficiency. Each person who seeks to enter into a
contract described by this subsection shall include in the bid or
other applicable expression of interest for the contract a proposal
for providing call center services or written communications
related to call center services to persons with limited English
proficiency.
(b) The proposal required under Subsection (a) must include
a language access plan that describes how the contractor will
achieve any performance standards described in the request for
bids, proposals, or other applicable expressions of interest. The
plan must also describe how the contractor will:
(1) identify persons who need language assistance;
(2) provide language assistance measures, including
the translation of forms into languages other than English and the
provision of translators and interpreters;
(3) inform persons with limited English proficiency of
the language services available to them and how to obtain them;
(4) develop and implement qualifications for
bilingual staff; and
(5) monitor compliance with the language access plan.
(c) In determining which bid or other applicable expression
of interest offers the best value, the commission or a health and
human services agency, as applicable, shall evaluate the extent to
which the proposal for providing call center services or written
communications related to call center services in languages other
than English will provide meaningful access to the services for
persons with limited English proficiency.
(d) In determining the extent to which a proposal will
provide meaningful access under Subsection (c), the agency shall
consider:
(1) the language access plan developed under
Subsection (b);
(2) the number or proportion of persons with limited
English proficiency in the agency's eligible service population;
(3) the frequency with which persons with limited
English proficiency seek information regarding the agency's
programs;
(4) the importance of the services provided by the
agency's programs; and
(5) the resources available to the agency.
(e) The agency must avoid selecting a contractor that the
agency reasonably believes will:
(1) provide information in languages other than
English that is limited in scope;
(2) unreasonably delay the provision of information in
languages other than English; or
(3) provide program information, including forms,
notices, and correspondence, in English only.
(f) This section does not apply to 2-1-1 services provided
by the Texas Information and Referral Network.
SECTION ___. (a) In this section, "commission" and "health
and human services agencies" have the meanings assigned by Section
531.001, Government Code.
(b) Section 531.019, Government Code, as added by this Act,
applies only to a contract for which the commission or a health and
human services agency first advertises or otherwise solicits bids,
proposals, offers, or qualifications, as applicable, on or after
September 1, 2007.