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A BILL TO BE ENTITLED
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relating to ensuring that a contractor with the Health and Human |
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Services Commission or with a health and human services agency that |
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will communicate with the public in performing the contract will |
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provide quality services to both English-speaking and |
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Spanish-speaking residents of this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 531, Government Code, is |
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amended by adding Section 531.019 to read as follows: |
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Sec. 531.019. COMMUNICATION IN ENGLISH AND SPANISH BY |
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CONTRACTOR. (a) Each contract with the commission or a health and |
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human services agency that will involve written or oral |
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communication with the public by the contractor must include a |
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provision requiring the contractor to provide the communication in |
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English to persons who are fluent in English and in Spanish to |
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persons who are fluent in Spanish but not English. Each person who |
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seeks to enter into a contract described by this subsection shall |
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include in the bid or other applicable expression of interest for |
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the contract a proposal for providing the communication in a way |
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that under the circumstances of the contract will best fulfill the |
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language requirement. |
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(b) In determining which bid or other applicable expression |
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of interest offers the best value, the commission or a health and |
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human services agency, as applicable, shall evaluate the extent to |
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which the proposal for providing communications in English and in |
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Spanish will provide meaningful access to the services provided by |
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or through the contractor for persons who are fluent in English and |
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for persons who are fluent in Spanish but not English. |
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(c) In determining the extent to which a proposal will |
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provide meaningful access under Subsection (b), the agency shall |
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consider: |
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(1) the number or proportion of Spanish-speaking |
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persons of limited English proficiency in the agency's eligible |
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service population; |
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(2) the frequency with which Spanish-speaking persons |
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of limited English proficiency seek information regarding the |
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agency's programs; |
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(3) the importance of the services provided by the |
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agency's programs; and |
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(4) the resources available to the agency. |
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(d) The agency must avoid selecting a contractor that the |
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agency reasonably believes will: |
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(1) provide information in Spanish that is limited in |
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scope; |
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(2) unreasonably delay the provision of information in |
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Spanish; or |
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(3) provide program information, including forms, |
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notices, and correspondence, in English only. |
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SECTION 2. (a) In this section, "commission" and "health |
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and human services agencies" have the meanings assigned by Section |
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531.001, Government Code. |
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(b) The changes in law made by this Act to the contracting |
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procedures of the commission and health and human services agencies |
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apply only to a contract for which the commission or a health and |
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human services agency first advertises or otherwise solicits bids, |
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proposals, offers, or qualifications, as applicable, on or after |
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September 1, 2007. |
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(c) A contract for which the commission or a health and |
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human services agency first advertised or otherwise solicited bids, |
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proposals, offers, or qualifications, as applicable, before |
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September 1, 2007, is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |