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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a home- and community-based |
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services workforce council. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 531, Government Code, is amended by |
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adding Subchapter P-1 to read as follows: |
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SUBCHAPTER P-1. HOME- AND COMMUNITY-BASED SERVICES WORKFORCE |
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COUNCIL |
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Sec. 531.621. DEFINITION. In this subchapter, "council" |
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means the home- and community-based services workforce council. |
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Sec. 531.622. HOME- AND COMMUNITY-BASED SERVICES WORKFORCE |
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COUNCIL; COMPOSITION. (a) The home- and community-based services |
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workforce council is established. |
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(b) The council is composed of 13 members appointed by the |
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executive commissioner as follows: |
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(1) two members who are, at the time of appointment, |
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recipients of home- and community-based services; |
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(2) one family member of a child who is, at the time of |
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appointment, receiving home- and community-based services; |
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(3) three members who, at the time of appointment, |
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provide attendant services to recipients of home- and |
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community-based services; |
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(4) one member who is a representative of the |
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Disability Policy Consortium; |
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(5) one member who is a representative of the American |
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Association of Retired Persons; |
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(6) one member who is a representative of the Texas |
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Association of Area Agencies on Aging; |
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(7) one member who is a representative of the Texas |
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Association of Centers for Independent Living; |
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(8) one member who is a representative of a local |
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mental retardation authority; |
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(9) one member who is a representative of the Texas |
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Association for Home Care, Incorporated; and |
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(10) one member who is a representative of the Private |
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Providers Association of Texas. |
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(c) A member of the council serves at the pleasure of the |
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executive commissioner. |
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(d) The executive commissioner shall select a presiding |
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officer from among the members of the council. |
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Sec. 531.623. COMPENSATION. A council member serves |
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without compensation but is entitled to reimbursement for actual |
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and necessary expenses incurred in performing functions as a |
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council member, subject to any applicable limitation on |
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reimbursement provided by the General Appropriations Act. |
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Sec. 531.624. COUNCIL POWERS AND DUTIES. (a) The council |
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shall: |
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(1) at least quarterly, meet at the call of the |
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presiding officer; |
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(2) identify and study workforce issues relating to |
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the provision of home- and community-based services to the aging |
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and disabled populations of this state, including issues relating |
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to wages and benefits, turnover, recruitment, and retention of |
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personal attendants; |
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(3) review the current and anticipated need in this |
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state for home- and community-based services and the workforce |
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available in this state to meet that need; |
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(4) solicit, review, and make policy and funding |
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recommendations relating to home- and community-based services; |
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(5) request reports and other information relating to |
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the home- and community-based services workforce as necessary from |
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the executive commissioner, the Department of Aging and Disability |
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Services, other health and human services agencies, the Texas |
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Workforce Commission, or the attorney general; and |
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(6) make recommendations to the executive |
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commissioner and the legislature regarding the issues specified in |
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Subdivision (2). |
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(b) The commission shall provide assistance and resources |
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to the council as necessary for the council to perform its duties |
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under this subchapter. |
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Sec. 531.625. REPORTS. (a) Not later than September 1 of |
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each even-numbered year, the council shall submit a report based on |
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its findings to: |
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(1) the executive commissioner; |
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(2) the governor; |
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(3) the lieutenant governor; |
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(4) the speaker of the house of representatives; |
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(5) the senate finance committee; |
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(6) the house appropriations committee; |
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(7) the senate health and human services committee; |
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and |
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(8) the house human services committee. |
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(b) The report must include: |
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(1) an analysis of the current and anticipated funding |
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needs for home- and community-based services in this state and the |
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workforce available to meet that need; |
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(2) identification of significant problems in the |
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home- and community-based services workforce; and |
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(3) policy and funding recommendations. |
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SECTION 2. Not later than the 30th day after the effective |
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date of this Act, the executive commissioner of the Health and Human |
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Services Commission shall appoint the members of the home- and |
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community-based services workforce council as established by |
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Subchapter P-1, Chapter 531, Government Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |