By: Naishtat, Herrero, Edwards, Menendez, H.B. No. 610
      Leibowitz, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of the Legislative Committee on Aging
  and other initiatives relating to the aging population of this
  state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 161, Human Resources Code, is amended by
  adding Subchapters G and H to read as follows:
  SUBCHAPTER G.  LEGISLATIVE COMMITTEE ON AGING
         Sec. 161.251.  DEFINITIONS.  In this subchapter:
               (1)  "Committee" means the Legislative Committee on
  Aging.
               (2)  "Health and human services agency" has the meaning
  assigned by Section 531.001, Government Code.
         Sec. 161.252.  LEGISLATIVE COMMITTEE ON AGING ESTABLISHED.  
  The Legislative Committee on Aging is established to:
               (1)  study issues relating to the aging population of
  Texas, including issues related to the health care, income,
  transportation, housing, education, and employment needs of that
  population; and
               (2)  make recommendations to address those issues.
         Sec. 161.253.  COMPOSITION OF COMMITTEE; PRESIDING OFFICER.  
  (a)  The committee is composed of:
               (1)  two members of the senate appointed by the
  lieutenant governor;
               (2)  two members of the house of representatives
  appointed by the speaker of the house of representatives; and
               (3)  two public members appointed by the governor.
         (b)  A member of the committee serves at the pleasure of the
  appointing official.
         (c)  The lieutenant governor and the speaker of the house of
  representatives shall appoint the presiding officer of the
  committee on an alternating basis.  The presiding officer shall
  serve a two-year term expiring February 1 of each odd-numbered
  year.
         Sec. 161.254.  COMMITTEE POWERS AND DUTIES. (a) The
  committee shall:
               (1)  meet at least biannually at the call of the
  presiding officer;
               (2)  conduct a continuing study of issues relating to
  the aging population, including issues that are affected by the
  demographic and geographic diversity of the aging population in
  this state;
               (3)  analyze the availability of, and unmet needs for,
  state and local services for the aging population; and
               (4)  request reports and other information relating to
  the aging population as necessary from the executive commissioner,
  the department, other health and human services agencies, the
  attorney general, and any other state agency.
         (b)  The executive commissioner, the department, other
  health and human services agencies, the attorney general, and any
  other applicable state agency shall fully cooperate with the
  committee in performing the committee's duties under this
  subchapter.
         (c)  The committee may issue process, in accordance with
  Section 301.024, Government Code, to compel attendance of witnesses
  and the production of books, records, documents, and instruments
  required by the committee.
         (d)  The committee shall use the existing staff resources of
  the senate and the house of representatives to assist the committee
  in performing its duties under this section.
         Sec. 161.255.  REPORT.  (a)  The committee shall report to
  the standing committees of the senate and the house of
  representatives having jurisdiction of issues related to the needs
  of the aging population not later than November 15 of each
  even-numbered year.
         (b)  The report must include:
               (1)  a summary of the hearings and studies conducted by
  the committee during the preceding year;
               (2)  a statement of findings based on the hearings and
  studies conducted by the committee; and
               (3)  recommendations, if any, for legislation.
  SUBCHAPTER H. CERTAIN INITIATIVES RELATING TO AGING
         Sec. 161.301.  DEFINITION. In this subchapter, "fund" means
  the Chris Kyker Endowment for Seniors Fund established under this
  subchapter.
         Sec. 161.302.  CONTRACT TO PROVIDE OUTREACH AND INPUT
  RELATING TO AGING POPULATION. (a) The executive commissioner may
  contract with an entity to:
               (1)  conduct local forums throughout this state to
  solicit input on and discuss policies regarding aging-related
  issues, including issues that are affected by the demographic and
  geographic diversity of the aging population in this state;
               (2)  provide analysis, education, and research
  services with respect to aging-related issues; and
               (3)  identify problems encountered by the aging
  population in this state and develop and recommend to the executive
  commissioner and the legislature solutions to those problems.
         (b)  If a contract entered into under this section includes a
  provision that allows a person performing duties under the contract
  on behalf of the entity to receive a per diem for days spent
  performing those duties and to be reimbursed for travel expenses
  incurred in performing those duties, the per diem and reimbursement
  for travel expenses incurred must be paid at the same rate set in
  the General Appropriations Act for state employees.
         Sec. 161.303.  ESTABLISHMENT AND ADMINISTRATION OF FUND.
  (a) The Chris Kyker Endowment for Seniors Fund is a special fund
  outside the state treasury held by the comptroller.
         (b)  The comptroller shall deposit in the fund:
               (1)  money appropriated to the fund;
               (2)  grants, gifts, and donations from any other public
  or private source; and
               (3)  income and interest, including depository
  interest, as provided by Subsection (f).
         (c)  The comptroller shall administer and manage the assets
  of the fund in accordance with this section and the rules adopted by
  the executive commissioner under Section 161.304(c). In managing
  the assets of the fund, the comptroller may acquire, exchange,
  sell, supervise, manage, or retain, through procedures and subject
  to restrictions the comptroller considers appropriate, any kind of
  investment that a prudent investor, exercising reasonable care,
  skill, and caution, would acquire or retain in light of the
  purposes, terms, distribution requirements, and other
  circumstances of the fund then prevailing, taking into
  consideration the investment of all the assets of the fund rather
  than a single investment.
         (d)  The expenses of managing fund investments shall be paid
  from the fund.
         (e)  On request, the comptroller shall fully disclose all
  details concerning the investments of the fund.
         (f)  Interest earned on the fund shall be credited to the
  fund.
         Sec. 161.304.  USE OF FUND. (a)  The following may be used
  only to fund a contract entered into under Section 161.302:
               (1)  contributions to the fund described by Section
  161.303(b)(2); and
               (2)  income and interest earned on money in the fund
  described by Section 161.303(b)(3).
         (b)  Except as provided by Subsection (a), money in the fund
  may not be used for any purpose.
         (c)  The executive commissioner may adopt rules regarding
  distribution of money in the fund in accordance with this section.
         SECTION 2.  (a)  Not later than the 30th day after the
  effective date of this Act:
               (1)  the governor, lieutenant governor, and speaker of
  the house of representatives shall appoint members of the
  Legislative Committee on Aging, as established by Section 161.252,
  Human Resources Code, as added by this Act; and
               (2)  the lieutenant governor shall appoint the initial
  presiding officer under Subsection (c), Section 161.253, Human
  Resources Code, as added by this Act.
         (b)  The Legislative Committee on Aging established by
  Section 161.252, Human Resources Code, as added by this Act, shall
  convene its initial meeting not later than November 1, 2009.
         SECTION 3.  This Act takes effect September 1, 2009.