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A BILL TO BE ENTITLED
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AN ACT
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relating to contractors with the Health and Human Services |
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Commission or with a health and human services agency that provide |
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services to persons with limited English proficiency. |
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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. SERVICES PROVIDED BY CONTRACTOR TO PERSONS |
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WITH LIMITED ENGLISH PROFICIENCY. (a) Each contract with the |
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commission or a health and human services agency that requires the |
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provision of call center services or written communications related |
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to call center services must include performance standards that |
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measure the effectiveness, promptness, and accuracy of the |
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contractor's oral and written communications with persons with |
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limited English proficiency. Each person who seeks to enter into a |
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contract described by this subsection shall include in the bid or |
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other applicable expression of interest for the contract a proposal |
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for providing call center services or written communications |
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related to call center services to persons with limited English |
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proficiency. |
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(b) The proposal required under Subsection (a) must include |
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a language access plan that describes how the contractor will |
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achieve any performance standards described in the request for |
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bids, proposals, or other applicable expressions of interest. The |
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plan must also describe how the contractor will: |
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(1) identify persons who need language assistance; |
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(2) provide language assistance measures, including |
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the translation of forms into languages other than English and the |
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provision of translators and interpreters; |
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(3) inform persons with limited English proficiency of |
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the language services available to them and how to obtain them; |
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(4) develop and implement qualifications for |
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bilingual staff; and |
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(5) monitor compliance with the language access plan. |
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(c) 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 call center services or written |
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communications related to call center services in languages other |
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than English will provide meaningful access to the services for |
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persons with limited English proficiency. |
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(d) In determining the extent to which a proposal will |
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provide meaningful access under Subsection (c), the agency shall |
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consider: |
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(1) the language access plan developed under |
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Subsection (b); |
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(2) the number or proportion of persons with limited |
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English proficiency in the agency's eligible service population; |
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(3) the frequency with which persons with limited |
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English proficiency seek information regarding the agency's |
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programs; |
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(4) the importance of the services provided by the |
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agency's programs; and |
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(5) the resources available to the agency. |
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(e) 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 languages other than |
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English that is limited in scope; |
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(2) unreasonably delay the provision of information in |
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languages other than English; 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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(f) This section does not apply to 2-1-1 services provided |
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by the Texas Information and Referral Network. |
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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. |
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