84R5733 LED/KKR-D
 
  By: Campbell, et al. S.B. No. 208
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Texas Workforce
  Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  SECTION 1.  Subchapter B, Chapter 132, Education Code, is
  amended by adding Section 132.025 to read as follows:
         Sec. 132.025.  REQUIRED POSTING. To facilitate a
  prospective student's informed selection among career schools and
  colleges, the commission shall include in its searchable directory
  of career schools and colleges maintained on its Internet website
  information regarding any formal enforcement action taken by the
  commission against a school or college, including:
               (1)  any revocation of the school's or college's
  certificate of authority;
               (2)  any assessment of administrative penalties
  against the school or college; and
               (3)  any suspension of admission of students to the
  school or college.
         SECTION 2.  Sections 132.201(a), (d), (e), and (f),
  Education Code, are amended to read as follows:
         (a)  Certificate and registration fees, except those charged
  pursuant to Subsection (d), shall be collected by the commission.
  The commission by rule shall determine the amount of each fee.  
  [Each fee shall be in an amount set by the commission in an amount
  not to exceed 150 percent of each fee in the following schedule:
               [(1)  the initial fee for a career school or college:
                     [(A)  for a certificate of approval is $2,000; or
                     [(B)     for a small career school or college
  certificate of approval is $1,000;
               [(2)     the first renewal fee and each subsequent renewal
  fee for a career school or college is the greater of:
                     [(A)     an amount that is determined by applying a
  percentage, not to exceed 0.3 percent, to the gross tuition and
  fees, excluding refunds as provided by Section 132.061 or 132.0611,
  of the school or college; or
                     [(B)  $500;
               [(3)     the initial registration fee for a representative
  is $60;
               [(4)     the annual renewal fee for a representative is
  $30;
               [(5)     the fee for a change of a name of a career school
  or college or owner is $100;
               [(6)     the fee for a change of an address of a career
  school or college is $180;
               [(7)     the fee for a change in the name or address of a
  representative or a change in the name or address of a career school
  or college that causes the reissuance of a representative permit is
  $10;
               [(8)     the application fee for an additional program is
  $150, except for seminars and workshops, for which the fee is $25;
               [(9)     the application fee for a director,
  administrative staff member, or instructor is $15;
               [(10)     the application fee for the authority to grant
  degrees is $2,000;
               [(11)     the application fee for an additional degree
  program is $250; and
               [(12)     the fee for an inspection required by commission
  rule of classroom facilities that are separate from the main campus
  is $250.]
         (d)  In connection with the regulation of any career school
  or college or program through a memorandum of understanding
  pursuant to Section 132.002(c), the commission by rule shall set an
  application and annual renewal fee in [, not to exceed $2,000. The
  fee shall be] an amount reasonably calculated to cover the
  administrative costs associated with assuming the additional
  regulation.
         (e)  The commission by rule shall determine the amount of a
  [The] fee for an investigation at a career school or college to
  resolve a complaint filed against the school or college [is $600].  
  The fee may be charged only if:
               (1)  the complaint could not have been resolved by
  telephone or written correspondence only;
               (2)  a representative of the commission visits the
  school or college as a part of the complaint resolution process; and
               (3)  the school or college is found to be at fault.
         (f)  The commission may allow payment of any fee authorized
  under this section or under Section 132.2415 that exceeds $1,000 to
  be paid by installment.  The commission shall provide for
  appropriate interest charges and late penalties in addition to any
  other remedy that is provided for by law for the late payment of a
  fee installment authorized under this section.  The commission may
  assess a reasonable service charge or interest to be paid by a
  career school or college that pays a fee by installment [in an
  amount not to exceed 10 percent annually of the fee that is to be
  paid by installment].
         SECTION 3.  Section 1001.104, Education Code, is amended to
  read as follows:
         Sec. 1001.104.  HOSPITAL AND REHABILITATION FACILITIES. (a)
  The agency shall enter into a memorandum of understanding with the
  state agency responsible for administering the vocational
  rehabilitation program under Title 7-A, Human Resources Code,
  [Texas Rehabilitation Commission] and the department for the
  interagency development of curricula and licensing criteria for
  hospital and rehabilitation facilities that teach driver
  education.
         (b)  The agency shall administer comprehensive rules
  governing driver education courses adopted by mutual agreement
  among the agency, the state agency responsible for administering
  the vocational rehabilitation program under Title 7-A, Human
  Resources Code [Texas Rehabilitation Commission], and the
  department.
         SECTION 4.  Section 411.117, Government Code, is amended to
  read as follows:
         Sec. 411.117.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
  AND TEXAS WORKFORCE COMMISSION.  (a)  The Department of Assistive
  and Rehabilitative Services is entitled to obtain from the
  department criminal history record information maintained by the
  department that relates to a person who is:
               (1)  an applicant for services of the Department of
  Assistive and Rehabilitative Services;
               (2)  a client of the Department of Assistive and
  Rehabilitative Services; or
               (3)  an applicant for employment whose potential duties
  include direct contact with clients of the Department of Assistive
  and Rehabilitative Services.
         (b)  If the Texas Workforce Commission receives federal
  approval to administer vocational rehabilitation services and
  other services and programs under Title 7-A, Human Resources Code,
  the commission is entitled to obtain from the department criminal
  history record information maintained by the department that
  relates to a person who is:
               (1)  an applicant selected for employment with the
  commission whose potential duties include direct contact with
  clients to provide vocational rehabilitation services;
               (2)  an applicant for vocational rehabilitation
  services from the commission; or
               (3)  a client receiving vocational rehabilitation
  services under Chapter 119, Human Resources Code.
         SECTION 5.  Section 2308.3155(b), Government Code, is
  amended to read as follows:
         (b)  The commission shall adopt rules to administer the Texas
  Rising Star Program, including:
               (1)  guidelines for rating a child-care provider who
  provides child care to a child younger than 13 years of age,
  including infants and toddlers, enrolled in the subsidized program;
  and
               (2)  a timeline and process for regularly reviewing and
  updating the quality standards used to determine the rating system
  that includes the commission's consideration of input from
  interested parties regarding those standards.
         SECTION 6.  The heading to Subchapter C, Chapter 91, Human
  Resources Code, is amended to read as follows:
  SUBCHAPTER C.  GENERAL POWERS AND DUTIES [OF THE COMMISSION]
         SECTION 7.  Subchapter C, Chapter 91, Human Resources Code,
  is amended by adding Section 91.0211 to read as follows:
         Sec. 91.0211.  SERVICE DELIVERY BY TEXAS WORKFORCE
  COMMISSION. If the Texas Workforce Commission receives federal
  approval to administer vocational rehabilitation services and
  other services and programs under Title 7-A:
               (1)  the Texas Workforce Commission has primary
  responsibility for providing those services and programs,
  notwithstanding Section 91.021(a); and
               (2)  a power or duty under this chapter, including
  rulemaking authority, of the Department of Assistive and
  Rehabilitative Services, the commissioner of assistive and
  rehabilitative services, or the executive commissioner of the
  Health and Human Services Commission that is applicable to those
  services or programs is a power or duty of the Texas Workforce
  Commission with respect to those services or programs.
         SECTION 8.  Subchapter C, Chapter 111, Human Resources Code,
  is amended by adding Section 111.0511 to read as follows:
         Sec. 111.0511.  SERVICE DELIVERY BY TEXAS WORKFORCE
  COMMISSION. If the Texas Workforce Commission receives federal
  approval to administer vocational rehabilitation services and
  other services and programs under Title 7-A:
               (1)  the Texas Workforce Commission has primary
  responsibility for providing those services and programs,
  notwithstanding Section 111.051;
               (2)  a power or duty under this chapter, including
  rulemaking authority, of the Department of Assistive and
  Rehabilitative Services, the commissioner of assistive and
  rehabilitative services, or the executive commissioner of the
  Health and Human Services Commission that is applicable to those
  services or programs is a power or duty of the Texas Workforce
  Commission with respect to those services or programs; and
               (3)  all other state agencies engaged in vocational
  rehabilitation services or related services or programs shall
  coordinate those activities with the Texas Workforce Commission.
         SECTION 9.  Subchapter D, Chapter 117, Human Resources Code,
  is amended by adding Section 117.0711 to read as follows:
         Sec. 117.0711.  SERVICE DELIVERY BY TEXAS WORKFORCE
  COMMISSION. If the Texas Workforce Commission receives federal
  approval to administer vocational rehabilitation services and
  other services and programs under Title 7-A:
               (1)  the Texas Workforce Commission has primary
  responsibility for providing those services and programs,
  notwithstanding Section 117.071; and
               (2)  a power or duty under this chapter, including
  rulemaking authority, of the department, the commissioner, or the
  executive commissioner that is applicable to those services or
  programs is a power or duty of the Texas Workforce Commission with
  respect to those services or programs.
         SECTION 10.  The Human Resources Code is amended by adding
  Title 7-A to read as follows:
  TITLE 7-A. VOCATIONAL REHABILITATION AND CERTAIN OTHER SERVICES
  FOR PERSONS WITH DISABILITIES
  CHAPTER 118. GENERAL PROVISIONS; RESPONSIBILITY FOR
  ADMINISTRATION OF SERVICES
         Sec. 118.001.  DEFINITIONS. In this title:
               (1)  "Commission" means the Texas Workforce
  Commission.
               (2)  "Department" means the Department of Assistive and
  Rehabilitative Services.
               (3)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
               (4)  "Executive director" means the executive director
  of the Texas Workforce Commission.
         Sec. 118.002.  RESPONSIBILITY FOR ADMINISTRATION OF
  SERVICES. (a)  The department shall administer the services and
  programs under this title until:
               (1)  the department or commission receives federal
  approval under Subsection (b) to transfer the administration of the
  services and programs to the commission; and
               (2)  the commission publishes in the Texas Register:
                     (A)  that the department or commission received
  federal approval to transfer the administration of the services and
  programs to the commission; and
                     (B)  the date on which the transfer of the
  administration of the services and programs to the commission will
  occur.
         (b)  The department or commission, as appropriate, shall
  seek federal approval under this section to:
               (1)  transfer to the commission not later than
  September 1, 2016, administration of the services and programs
  under this title that the department operates under the federal
  Rehabilitation Act of 1973 (29 U.S.C. Sections 720 through 751),
  including:
                     (A)  the vocational rehabilitation program for
  individuals with visual impairments;
                     (B)  the vocational rehabilitation program for
  individuals with other disabilities;
                     (C)  the federal Social Security Disability
  Determination program; and
                     (D)  the program for vending facilities operated
  by blind persons under Chapter 120; and
               (2)  designate the commission as the state unit under
  29 U.S.C. Section 721 that is responsible for administering the
  state's vocational rehabilitation program.
         (c)  On the date the services and programs described by
  Subsection (b)(1) transfer to the commission, the Rehabilitation
  Council of Texas transfers to the commission.
         (d)  This section expires September 1, 2019.
         Sec. 118.003.  INTEGRATION OF VOCATIONAL REHABILITATION
  PROGRAMS; PROGRAM STAFF. (a) Subject to receiving federal
  approval under Section 118.002 for the commission to administer the
  services and programs under this title and not later than August 31,
  2018, the commission shall integrate the vocational rehabilitation
  staff from department offices into the commission's local workforce
  development boards and centers.
         (b)  This section expires September 1, 2019.
         Sec. 118.004.  REFERENCES IN LAW MEANING TEXAS WORKFORCE
  COMMISSION OR ITS EXECUTIVE DIRECTOR.  If the administration of
  this title is transferred from the department to the commission, a
  reference to the commissioner of assistive and rehabilitative
  services, the department, or the executive commissioner means  the
  commission or executive director, as applicable.
  CHAPTER 119. VOCATIONAL REHABILITATION SERVICES
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 119.001.  DEFINITIONS.  In this chapter:
               (1)  "Direct services" means services provided to a
  client by a department employee, including counseling,
  facilitating the purchase of services from a source other than the
  department, and purchasing equipment and other items and providing
  other services necessary for the client to successfully complete a
  department program.
               (2)  "Direct services program" means a program operated
  by the department through which direct services are provided.
               (3)  "Individual with a disability" means an individual
  who has a physical impairment, including a visual impairment, or
  mental impairment that constitutes a substantial impediment to
  employment, but that is of a nature that rehabilitation services
  may be expected to enable the individual to engage in a gainful
  occupation.
               (4)  "Maintenance" means money payments not exceeding
  the estimated cost of subsistence during vocational
  rehabilitation.
               (5)  "Occupational license" means a license, permit, or
  other written authorization required by a governmental entity as a
  condition for engaging in an occupation.
               (6)  "Physical restoration" means medical, surgical,
  or therapeutic treatment necessary to correct or substantially
  reduce a substantial impediment to employment of an individual with
  a disability within a reasonable period of time. The term includes
  medical, surgical, dental, and psychiatric treatment, nursing
  services, hospital care, convalescent home care, drugs, medical and
  surgical supplies, and prosthetic appliances. The term excludes
  treatment to cure acute or transitory conditions.
               (7)  "Prosthetic appliance" means an artificial device
  necessary to support or replace a part of the body or to increase
  the acuity of a sensory organ.
               (8)  "Rehabilitation training" means all necessary
  training provided to an individual with a disability to compensate
  for a substantial impediment to employment. The term includes
  manual, preconditioning, prevocational, vocational, and
  supplementary training and training to achieve broader and more
  lucrative skills and capacities.
               (9)  "Substantial impediment to employment" means a
  physical or mental condition that obstructs or impairs, or if not
  corrected will probably obstruct or impair, an individual's
  performance in an occupation.
               (10)  "Vocational rehabilitation" or "vocational
  rehabilitation services" means services that are provided directly
  by the department or through a public or private agency and that the
  department determines are necessary to compensate an individual
  with a disability for a substantial impediment to employment so
  that the individual may engage in a remunerative occupation. The
  terms include:
                     (A)  medical and vocational diagnosis;
                     (B)  vocational guidance, counseling, and
  placement;
                     (C)  rehabilitation training;
                     (D)  physical restoration;
                     (E)  transportation;
                     (F)  occupational licenses;
                     (G)  customary occupational tools and equipment;
                     (H)  maintenance;
                     (I)  training books and materials; and
                     (J)  other goods and services for which the
  department receives financial support under federal law.
         Sec. 119.002.  PURPOSE. It is the policy of this state to
  provide vocational rehabilitation services to eligible individuals
  with disabilities so that those individuals may prepare for and
  engage in a gainful occupation.
         Sec. 119.003.  REHABILITATION COUNCIL OF TEXAS. (a) The
  Rehabilitation Council of Texas operates in accordance with the
  federal Rehabilitation Act Amendments of 1992, Pub. L. No. 102-569,
  and the federal Rehabilitation Act Amendments of 1998, Pub. L. No.
  105-220.
         (b)  The Rehabilitation Council of Texas shall report to and
  advise the department on the council's activities and the results
  of the council's work. For the purpose of performing its advisory
  functions, the council shall work with the department, the
  commissioner of assistive and rehabilitative services, and other
  department staff.
         (c)  The executive commissioner shall adopt rules for the
  administration of the council.
         Sec. 119.004.  RECEIPT AND DISBURSEMENT OF STATE AND FEDERAL
  FUNDS. (a) The comptroller is custodian of federal funds received
  by the state to implement federal law relating to vocational
  rehabilitation.
         (b)  The executive commissioner shall certify for
  disbursement funds available for the vocational rehabilitation
  program in accordance with regulations.
         (c)  The comptroller shall disburse state and federal
  vocational rehabilitation funds on certification by the executive
  commissioner.
         Sec. 119.005.  GIFTS, DONATIONS, AND OTHER MONEY. (a) The
  department shall deposit all money paid to the department under
  this chapter in the state treasury. The money may be used only for
  the administration of this chapter.
         (b)  The department may receive and use gifts and donations
  for carrying out the purposes of this chapter. A person may not
  receive payment for solicitation of any funds.
         Sec. 119.006.  MISUSE OF INFORMATION. Except for purposes
  directly connected with the administration of the vocational
  rehabilitation program and according to department rules, no person
  may solicit, disclose, receive, use, or knowingly permit the use of
  records or other information concerning an applicant for or
  recipient of vocational rehabilitation services that is directly or
  indirectly acquired by an officer or employee of the state or its
  political subdivisions in the course of the person's official
  duties.
         Sec. 119.007.  CRIMINAL HISTORY RECORD INFORMATION. (a)  
  The department may obtain criminal history record information from
  the Texas Department of Criminal Justice and the Texas Department
  of Public Safety if the criminal history records relate to:
               (1)  an applicant selected for employment with the
  department whose potential duties include direct contact with
  clients to provide vocational rehabilitation services;
               (2)  an applicant for vocational rehabilitation
  services from the department; or
               (3)  a client receiving vocational rehabilitation
  services under this chapter.
         (b)  The Texas Department of Criminal Justice and the Texas
  Department of Public Safety on request shall supply to the
  department criminal history record information relating to
  applicants selected for employment with the department whose
  potential duties include direct contact with clients to provide
  vocational rehabilitation services, applicants for vocational
  rehabilitation services from the department, or vocational
  rehabilitation clients of the department.  The department shall
  treat all criminal history record information as privileged and
  confidential and for department use only.
         (c)  The executive commissioner by rule shall establish
  criteria for denying a person's application for employment with the
  department to provide vocational rehabilitation services based on
  criminal history record information obtained as authorized by this
  section.
         Sec. 119.008.  HEARINGS. An applicant for or recipient of
  vocational rehabilitation services who is aggrieved by an action or
  inaction under this chapter is entitled to a hearing by the
  department in accordance with law.
  SUBCHAPTER B. GENERAL POWERS AND DUTIES
         Sec. 119.051.  VOCATIONAL REHABILITATION PROGRAM FOR
  INDIVIDUALS WITH DISABILITIES. (a) The department shall conduct a
  program to provide vocational rehabilitation services to eligible
  individuals with disabilities.
         (b)  To achieve the purposes of the program, the department
  may:
               (1)  cooperate with other public and private agencies
  in studying the problems involved in providing vocational
  rehabilitation and in establishing, developing, and providing
  necessary or desirable facilities and services;
               (2)  enter into reciprocal agreements with other states
  to provide vocational rehabilitation for the residents of the
  states concerned; and
               (3)  conduct research and compile statistics relating
  to the vocational rehabilitation of individuals with disabilities.
         Sec. 119.052.  COOPERATION WITH FEDERAL GOVERNMENT;
  OBTAINING FEDERAL FUNDS. (a) The department shall cooperate with
  the federal government to accomplish the purposes of federal laws
  relating to vocational rehabilitation for individuals with
  disabilities and closely related activities.
         (b)  The department shall negotiate agreements or plans with
  the federal government and shall use efficient methods of
  administration and comply with other conditions required to secure
  the full benefits of the federal laws. If the department determines
  that a provision of state law precludes conformity with a federal
  requirement and limits federal financial support, the department
  may waive or modify the state law to the extent necessary to obtain
  the full benefits of the federal law.
         (c)  The department may comply with any requirements
  necessary to obtain federal funds to be used for vocational
  rehabilitation services in the maximum amount and most advantageous
  proportion possible.
         Sec. 119.053.  CONTRACTS FOR SERVICE. (a) The department
  shall include in its contracts with service providers under this
  chapter provisions relating to:
               (1)  clearly defined and measurable program
  performance standards that directly relate to the service provided;
               (2)  clearly defined penalties for nonperformance of a
  contract term; and
               (3)  clearly specified accounting, reporting, and
  auditing requirements applicable to money received under the
  contract.
         (b)  The department shall monitor a service provider's
  performance under a contract for service under this chapter. In
  monitoring performance, the department shall:
               (1)  use a risk-assessment methodology to institute
  statewide monitoring of contract compliance of service providers;
  and
               (2)  evaluate service providers based on clearly
  defined and measurable program performance objectives.
         Sec. 119.054.  RATES FOR MEDICAL SERVICES. (a) The
  executive commissioner by rule shall adopt standards governing the
  determination of rates paid for medical services provided under
  this chapter.  The rules must provide for an annual reevaluation of
  the rates.
         (b)  The executive commissioner shall establish a schedule
  of rates based on the standards adopted under Subsection (a).  In
  adopting the rate schedule, the executive commissioner shall:
               (1)  compare the proposed rate schedule to other
  cost-based and resource-based rates for medical services,
  including rates paid under the Medicaid and Medicare programs; and
               (2)  for any rate adopted that exceeds the Medicaid or
  Medicare rate for the same or a similar service, document the
  reasons why the adopted rate reflects consideration of the best
  value, provider availability, and consumer choice.
         (c)  The executive commissioner shall provide notice to
  interested persons and allow those persons to present comments
  before adopting the standards and schedule of rates under
  Subsections (a) and (b).
         Sec. 119.055.  CONTRACT PAYMENT. The department shall base
  payment under a contract for vocational rehabilitation services on
  outcome-based performance standards defined in the contract.
         Sec. 119.056.  CONTRACTS FOR ADAPTIVE TECHNOLOGY. The
  department shall include in a contract under this chapter with a
  supplier of adaptive technology equipment provisions that require
  the supplier to provide training for clients receiving the adaptive
  technology equipment.
         Sec. 119.057.  LOANS FOR VISUAL AIDS. (a) The department
  may establish a program to make loans to finance the purchase of
  technological aids for individuals with visual impairments.
  Interest on the loans may not exceed 10 percent per year.
         (b)  The executive commissioner may adopt rules to
  administer the loan program.
         Sec. 119.058.  SUBROGATION. (a) By providing a person
  rehabilitation services, including medical care services, under
  this subchapter, the department is subrogated to the person's right
  of recovery from:
               (1)  personal insurance;
               (2)  another person for personal injury caused by the
  other person's negligence or wrongdoing; or
               (3)  any other source.
         (b)  The department's right of subrogation is limited to the
  cost of the services provided.
         (c)  The department may totally or partially waive the
  department's right of subrogation when the department finds that
  enforcement would tend to defeat the purpose of rehabilitation.
         (d)  The executive commissioner may adopt rules for the
  enforcement of the department's right of subrogation.
         Sec. 119.059.  WORK INCENTIVES AND SUPPLEMENTAL SECURITY
  INCOME (SSI). The department shall employ a person at the
  department's central office to:
               (1)  train counselors to understand and use work
  incentives; and
               (2)  review cases to ensure that department clients are
  informed of the availability of and assisted in obtaining work
  incentives and Supplemental Security Income (SSI) (42 U.S.C.
  Section 1381 et seq.).
  SUBCHAPTER C. VOCATIONAL REHABILITATION SERVICES
         Sec. 119.101.  INTEGRATION OF VOCATIONAL REHABILITATION
  PROGRAMS. (a) Subject to federal approval, the department shall
  integrate into a single vocational rehabilitation program the
  following programs that are operated under the federal
  Rehabilitation Act of 1973 (29 U.S.C. Sections 720 through 751):
               (1)  the vocational rehabilitation program for
  individuals with visual impairments; and
               (2)  the vocational rehabilitation program for
  individuals with other disabilities.
         (b)  Not later than September 1, 2016, to facilitate the
  integration of the vocational rehabilitation programs identified
  in Subsection (a), the department shall at a minimum:
               (1)  reorganize the department's vocational
  rehabilitation services in order to provide services based on an
  individual's functional need instead of an individual's type of
  disability;
               (2)  develop a plan to support specialization of
  vocational rehabilitation counselors in serving different client
  populations, including sufficient specialization in individuals
  with visual impairments to maintain expertise in serving that
  population;
               (3)  redesign performance measures for the provision of
  vocational rehabilitation services;
               (4)  consolidate policies for the provision of
  vocational rehabilitation services; and
               (5)  recommend the adoption of any rules necessary to
  implement this section.
         (c)  This section expires September 1, 2017.
         Sec. 119.102.  ELIGIBILITY FOR VOCATIONAL REHABILITATION
  SERVICES. The department shall provide vocational rehabilitation
  services to individuals with disabilities eligible for those
  services under federal law.
         Sec. 119.103.  PROVISION OF VOCATIONAL REHABILITATION
  SERVICES. (a) The executive commissioner by rule shall establish
  and maintain guidelines for providing vocational rehabilitation
  services that are consistent with state and federal laws and that
  include:
               (1)  a system of organization for the delivery of
  vocational rehabilitation services statewide;
               (2)  eligibility requirements for vocational
  rehabilitation services;
               (3)  requirements for the rehabilitation planning
  process;
               (4)  the types of services that may be provided to a
  client through a vocational rehabilitation program; and
               (5)  requirements for client participation in the costs
  of vocational rehabilitation services, including documentation
  that a client has sought benefits for which the client is eligible
  from sources other than the department and that may assist the
  client in obtaining vocational rehabilitation goods or services.
         (b)  The department shall annually assess the effectiveness
  of the state's vocational rehabilitation program.
         Sec. 119.104.  TRAINING AND SUPERVISION OF COUNSELORS. (a)
  The department shall provide specific guidance to vocational
  rehabilitation counselors in:
               (1)  selecting vocational objectives according to a
  client's skills, experience, and knowledge;
               (2)  documenting a client's impediment to employment;
               (3)  selecting rehabilitation services that are
  reasonable and necessary to achieve a client's vocational
  objective;
               (4)  measuring client progress toward the vocational
  objective, including the documented, periodic evaluation of the
  client's rehabilitation and participation; and
               (5)  determining eligibility of employed and
  unemployed applicants for rehabilitation services using criteria
  defined by department rule to document whether a client is
  substantially underemployed or at risk of losing employment.
         (b)  The executive commissioner by rule shall require
  monitoring and oversight of vocational rehabilitation counselor
  performance and decision making in accordance with this section.
         Sec. 119.105.  SPECIALIZED TRAINING FOR CERTAIN EMPLOYEES.
  (a) The department shall establish and require employee
  participation in a specialized training program for certain
  employees, including vocational rehabilitation transition
  specialists and transition counselors, whose duties involve
  assisting youth with disabilities to transition to post-schooling
  activities, services for adults, or community living.
         (b)  The training program must provide employees with
  information regarding:
               (1)  supports and services available from health and
  human services agencies, as defined by Section 531.001, Government
  Code, for:
                     (A)  youth with disabilities who are
  transitioning into post-schooling activities, services for adults,
  or community living; and
                     (B)  adults with disabilities;
               (2)  community resources available to improve the
  quality of life for:
                     (A)  youth with disabilities who are
  transitioning into post-schooling activities, services for adults,
  or community living; and
                     (B)  adults with disabilities; and
               (3)  other available resources that may remove
  transitional barriers for youth with disabilities who are
  transitioning into post-schooling activities, services for adults,
  or community living.
         (c)  In developing the training program required by this
  section, the department shall collaborate with health and human
  services agencies, as defined by Section 531.001, Government Code,
  as necessary.
         Sec. 119.106.  PAYMENT OF SHIFT DIFFERENTIALS. The
  executive commissioner by rule may develop and implement policies
  allowing shift differentials to be paid to employees in the
  vocational rehabilitation program under this chapter.
         Sec. 119.107.  CLIENT ORIENTATION MATERIALS. The department
  shall develop and distribute at intake client orientation materials
  for the vocational rehabilitation program that include information
  on the department's decision-making criteria.
         Sec. 119.108.  COORDINATION WITH TEXAS EDUCATION AGENCY.
  (a) For purposes of this section, "transition services" means
  services provided to students with disabilities to assist the
  students in making the transition from secondary school to
  postsecondary education programs or competitive integrated
  employment.
         (b)  The department and the Texas Education Agency shall
  collaborate to develop a mechanism to identify the areas of the
  state with the greatest needs for transition services for students
  with disabilities. The mechanism must account for the department's
  limited resources and a school district's needs, including:
               (1)  the school district's resources for special
  education;
               (2)  the number of students with disabilities in the
  school district; and
               (3)  other factors that the department and the Texas
  Education Agency consider important.
         (c)  The department and the Texas Education Agency shall
  update the mechanism developed under Subsection (b) on a periodic
  basis.
         (d)  The department shall develop uniform, statewide
  policies for transition services that include:
               (1)  the goal that a transition counselor initiate
  contact with a student approximately three years before the student
  is expected to graduate from high school;
               (2)  the minimum level of services to be provided to a
  student at the time that a transition counselor initiates contact
  with the student;
               (3)  standards, based on the mechanism developed under
  Subsection (b), for assigning a transition counselor to a school
  that ensure consistency among regions but that are not too
  restrictive;
               (4)  expectations for transition counselors to develop
  relationships with school personnel, including the employee
  designated to serve as the school district's designee on transition
  and employment services under Section 29.011(b), Education Code;
  and
               (5)  expectations for regional department staff to work
  with education service center representatives on a regular basis to
  identify areas of greatest need and to discuss local strategies for
  coordination between transition counselors and schools.
         (e)  The department and the Texas Education Agency shall
  enter into a memorandum of understanding to comply with the
  policies under this section and to improve coordination between the
  agencies. The memorandum of understanding must include:
               (1)  strategies to better inform transition clients,
  clients' families, and school personnel regarding the department's
  available services and contact information for department
  transition counselors; and
               (2)  a process to be used by the department and the
  Texas Education Agency to develop and update the mechanism used to
  identify students who may need services.
         (f)  Not later than September 1, 2016, the department and the
  Texas Education Agency shall develop the mechanism required in
  Subsection (b) and enter into the memorandum of understanding
  required in Subsection (e), and the department shall develop the
  policies described in Subsection (d).  This subsection expires
  September 1, 2017.
  CHAPTER 121.  SOCIAL SECURITY DISABILITY DETERMINATION SERVICES
         Sec. 121.001.  COOPERATION WITH FEDERAL GOVERNMENT ON SOCIAL
  SECURITY DISABILITY DETERMINATION SERVICES. To the extent
  resources are made available by the federal government, the
  department may make agreements, arrangements, or plans to cooperate
  with the federal government in carrying out the purposes of any
  federal statute pertaining to the disability determination
  function under the Social Security Act.
         Sec. 121.002.  METHODS OF ADMINISTRATION.  To achieve the
  purposes of Section 121.001, the executive commissioner shall adopt
  methods of administration that:
               (1)  are found by the federal government to be
  necessary to the disability determination function; and
               (2)  are not contrary to existing state laws.
         SECTION 11.  Chapter 94, Human Resources Code, is
  transferred to Title 7-A, Human Resources Code, as added by this
  Act, redesignated as Chapter 120, Human Resources Code, and amended
  to read as follows:
  CHAPTER 120 [94].  VENDING FACILITIES OPERATED BY BLIND PERSONS
         Sec. 120.001 [94.001].  DEFINITIONS. In this chapter:
               (1)  "Blind person" means a person having not more than
  20/200 visual acuity in the better eye with correcting lenses or
  visual acuity greater than 20/200 but with a limitation in the field
  of vision such that the widest diameter of the visual field subtends
  an angle no greater than 20 degrees.
               (2)  "Vending facility" means a facility in which food,
  drinks, drugs, novelties, souvenirs, tobacco products, notions, or
  related items are sold regularly. The term excludes facilities
  consisting solely of vending machines that do not compete directly
  or indirectly with a facility that is or could be operated by a
  [vocationally handicapped] person with a disability.
               (3)  "State property" means land and buildings owned,
  leased, or otherwise controlled by the state.
               (4)  "Agency" means the state agency in charge of state
  property.
               (5)  "Disability" ["Handicapped"] means a physical or
  mental condition that the department [commission or rehabilitation
  commission] determines to constitute a substantial vocational
  disadvantage.
               [(6)     "Commission" means the Texas Commission for the
  Blind.
               [(7)     "Rehabilitation commission" means the Texas
  Rehabilitation Commission.]
         Sec. 120.002 [94.002].  LICENSE OR PERMIT REQUIRED. (a) No
  person may operate a vending facility or a facility with vending
  machines or other coin-operated devices on state property unless
  the person is licensed to do so by the department [commission] or is
  authorized to do so by an agency granted a permit to arrange for
  vending facilities.
         (b)  Subsection (a) [of this section] does not apply to a
  building in which the Texas Facilities [State Purchasing and
  General Services] Commission leases space to a private tenant under
  Subchapter E, Chapter 2165, Government Code.
         Sec. 120.003 [94.003].  LICENSING PROCEDURE. (a) On its
  own initiative or at the request of an agency that controls state
  property, the department [commission] shall survey the property, or
  blueprints and other available information concerning the
  property, to determine whether the installation of a vending
  facility is feasible and consonant with the department's
  [commission's] vocational rehabilitation objectives.
         (b)  If the installation of the facility is feasible, the
  department [commission] shall either license a blind person to
  operate a facility to be installed by the department [commission]
  or [allow the rehabilitation commission to] install a facility to
  be operated by a [handicapped] person with a disability who is not
  blind according to rules and procedures [comparable to those]
  adopted by the executive commissioner [commission. The commission
  and the rehabilitation commission may enter into agreements
  relating to management services and related forms of necessary
  assistance].
         Sec. 120.004 [94.004].  LOCATION OF VENDING FACILITIES. (a)
  With the concurrence of the agency in charge of state property, the
  department [commission] shall designate the location of vending
  facilities that have been requested by the agency.
         (b)  The agency responsible for state property shall alter
  the property to make it suitable for the proper operation of the
  vending facilities. To this end, the agency in charge of
  constructing new state property shall consult with the department
  [commission] during the planning stage on the construction.
         Sec. 120.005 [94.005].  ISSUANCE OF LICENSES; ELIGIBILITY.
  (a) The department [commission] may issue a license to operate its
  vending facilities on state property to blind citizens of the state
  who are capable of operating the facilities in a manner that is
  reasonably satisfactory to all parties concerned.
         (b)  Before issuing a license to a person, the department
  [commission] shall determine whether the person has the physical,
  psychological, and personal traits and abilities required to
  operate a vending facility in a satisfactory manner.
         (c)  The department [commission] shall maintain a roster of
  the names of each person who has been certified as suitable for
  licensing. If two or more equally qualified persons are listed on
  the roster and apply for a license to operate an available vending
  facility, the department [commission] shall issue the license to
  the person who is most in need of employment.
         (d)  The granting of a license does not vest the licensee
  with property or other rights which may constitute the basis of a
  cause of action, at law or in equity, against the state or its
  officers or employees.
         Sec. 120.006 [94.006].  EXPIRATION, RENEWAL, AND REVOCATION
  OF LICENSES. (a) A license or general permit to operate a vending
  facility on state property is valid for a period of three years from
  the date it is issued.
         (b)  The department [commission] shall review each license
  or permit prior to its expiration and shall issue a new or different
  license or permit as the circumstances warrant.
         (c)  The department [commission] and the agency may consent
  mutually to revoke a general permit prior to its expiration if
  changed circumstances warrant that action.
         (d)  A blind person's wilful failure to comply with the
  department's [commission's] rules or the provisions of this chapter
  constitutes grounds for the automatic revocation of the person's
  license.
         (e)  The executive commissioner [commission] shall adopt
  substantive and procedural rules governing the revocation of
  licenses.
         Sec. 120.007 [94.007].  OPERATION OF VENDING FACILITIES BY
  CERTAIN PERSONS WHO ARE NOT BLIND [UNDER THE REHABILITATION
  COMMISSION]. [(a)] If the department [commission] determines that
  a blind person could not properly operate a vending facility at a
  particular location, the department [rehabilitation commission]
  may survey the property to determine whether a [handicapped] person
  with a  [whose] disability that is not of a visual nature could
  operate the facility in a proper manner.
         [(b)     The commission and the rehabilitation commission may
  develop procedures and methods of exchanging information necessary
  to implement cooperative activities.
         [(c)     The installation and operation of a vending facility by
  the rehabilitation commission must conform to the provisions of
  this chapter applicable to vending facilities installed by the
  commission.]
         Sec. 120.008 [94.008].  CLOSING CERTAIN FACILITIES
  PROHIBITED. Neither a vending facility operated by an [a blind or
  otherwise vocationally handicapped] individual with a disability,
  nor a vending facility location surveyed by the department,
  [commission] may be closed as a result of the transfer of state
  property from one agency to another, the alteration of a state
  building, or the reorganization of a state agency unless the
  department [commission or the rehabilitation commission] agrees to
  the closing.
         Sec. 120.009 [94.009].  EMPLOYMENT OF ASSISTANTS. (a) If
  an individual licensed to operate a vending facility on state
  property requires an assistant, a qualified [visually handicapped]
  person with a disability of a visual nature must be given preference
  for employment. If the department [commission] determines that a
  [visually handicapped] person with a disability of a visual nature
  could not perform the labor for which an assistant is required, or
  if a [visually handicapped] person with a disability of a visual
  nature is not available, a [handicapped] person with a [whose]
  disability that is not of a visual nature must be given preference
  for employment. If no [handicapped] person with a disability is
  available for the job, preference must be given to a person who is
  socially, culturally, economically, or educationally
  disadvantaged.
         (b)  An assistant employed by a blind person licensed by the
  department [commission] must be approved by the department
  [commission], and the deliberate refusal of a blind licensee to
  comply with this section constitutes grounds for the revocation of
  his or her license.
         Sec. 120.010 [94.010].  COMPETING VENDING MACHINES. (a) If
  the department [commission] and an agency agree to the installation
  and operation of an additional vending facility or vending machine
  on property that already has a department-sponsored
  [commission-sponsored] vending facility, no additional permit or
  license is required. However, the installation of a competing
  vending facility consisting of vending machines or other
  coin-operated devices must be authorized by the department
  [commission]. The department's [commission's] authorization must
  be made with a view toward providing the greatest economic benefits
  for blind persons consonant with supplying the additional services
  required at the building.
         (b)  State agencies shall cooperate and negotiate in good
  faith to accomplish the purposes of this chapter.
         (c)  Individuals with disabilities [Vocationally
  handicapped individuals] who operate vending facilities on state
  property are entitled to receive all commissions from vending
  machines installed on the same property. If two or more vending
  facilities are operated by individuals with disabilities
  [vocationally handicapped persons] in a building in which vending
  machines are installed, the department [commission] shall divide
  the commissions from the vending machines among the [handicapped]
  operators with disabilities in a manner that will achieve equity
  and equality in the incomes of those [the handicapped] operators.
  If the department has [commission and the rehabilitation commission
  have] decided not to locate a vending facility in a building, the
  agency to whom a general permit has been issued shall determine the
  assignment of the commissions from vending machines installed in
  the building.
         Sec. 120.011 [94.011].  VENDING FACILITY EQUIPMENT AND
  STOCK. (a) The department [commission] may supply a blind vending
  facility operator with equipment and initial stock necessary for
  the operator to begin business.
         (b)  The department [commission] shall collect and set aside
  from the proceeds of the operation of its vending facilities enough
  money:
               (1)  to insure a sufficient amount of initial stock for
  the facilities and for their proper maintenance;
               (2)  to pay the costs of supervision and other expenses
  incidental to the operation of the facilities; and
               (3)  to pay other program costs to the extent necessary
  to assure fair and equal treatment of the blind persons licensed to
  operate the facilities and to the extent allowed under federal
  programs that provide financial support to the department
  [commission].
         (c)  Except for purchasing and installing original
  equipment, the operation of department-sponsored
  [commission-sponsored] vending facilities must be as
  self-supporting and self-sustaining as possible. To achieve this
  end, the department [commission] shall periodically review and,
  when necessary, revise its schedules for collecting and setting
  aside money from the proceeds of its vending facilities.
         Sec. 120.012 [94.012].  DUTIES AND PRIVILEGES OF PARTIES.
  (a) The executive commissioner [commission] may promulgate rules
  and the department may initiate procedures necessary to implement
  this chapter.
         (b)  A blind person licensed to operate a vending facility on
  state property shall operate the facility in accordance with law
  and the department's [commission's] rules and policies.
         (c)  The agency in charge of state property shall cooperate
  with the department [commission] and its blind licensees to
  accomplish the purposes of this chapter. The agency shall also
  furnish all necessary utility service, including connections and
  outlets required for the installation of the facility, janitorial
  and garbage disposal services where feasible, and other related
  assistance.
         Sec. 120.013 [94.013].  TRAINING PROGRAMS. The department
  [commission] may establish training or experimentation locations
  necessary to train blind persons who desire to be licensed to
  operate vending facilities and to develop techniques which will
  allow blind persons to operate the facilities or related types of
  small businesses more efficiently and productively.
         Sec. 120.014 [94.014].  CONFORMITY WITH FEDERAL STATUTES.
  (a) This chapter shall be construed in a manner consistent with the
  requirements of federal programs that provide financial assistance
  to the department [commission].
         (b)  If a provision of this chapter conflicts with a federal
  program requirement, the department [commission] may waive or
  modify the provision to the extent necessary to secure the full
  benefits of the federal program.
         Sec. 120.015 [94.015].  APPLICATION OF CHAPTER. (a) This
  chapter does not apply to:
               (1)  property over which the federal government
  maintains partial or complete control;
               (2)  property maintained and operated by
  state-supported institutions of higher education; provided,
  however, that the department [commission] may enter into agreements
  with state institutions of higher education concerning the use of
  blind labor in vending facilities at the institutions; or
               (3)  property purchased by the state or an agency of the
  state, property to which title is transferred from one state agency
  to another, or property control of which is transferred from one
  state agency to another, if:
                     (A)  at the time of purchase or transfer of title
  or control, a vending facility is being operated on the property
  under lease, license, or contract; and
                     (B)  prior to the time of purchase or transfer of
  title or control, the provisions of this chapter were rendered
  inapplicable to such property by this section or other law.
         (b)  This chapter does not apply to vending facilities
  operated by an institution for persons with mental illness or
  intellectual disabilities that is under the control of the
  Department of State Health Services, the Department of Aging and
  Disability Services, or a successor to one of those departments
  [Texas Department of Mental Health and Mental Retardation, or its
  successor], if the vending facilities are operated without profit
  for the benefit of the patients at the institution.
         (c)  This chapter does not prohibit the department
  [commission] from selecting blind persons to operate other suitable
  types of vending facilities or business enterprises, and the
  chapter does not prohibit the installation of automated vending
  facilities serviced by blind persons.
         Sec. 120.016 [94.016].  BUSINESS ENTERPRISES PROGRAM. (a)
  The department [commission] is authorized to administer the
  Business Enterprises Program in accordance with the provisions of
  the Randolph-Sheppard Act (20 U.S.C. Section 107 et seq.).
         (b)  The department [commission] is authorized to administer
  a retirement program for individuals licensed to operate vending
  facilities in accordance with applicable state and federal laws.
         (c)  A trust fund for a retirement program for individuals
  licensed to operate vending facilities under the Business
  Enterprises Program is established with the comptroller [of public
  accounts]. This trust fund will be set up in the state treasury.
         (d)  All federal vending machine income shall be credited to
  this Business Enterprises Program trust fund. Vending machine
  income, as defined by 34 C.F.R. Section 395.1(z), means receipts
  (other than those of a blind vendor) from vending machine
  operations on federal property, after deducting the cost of goods
  sold (including reasonable service and maintenance costs) in
  accordance with customary business practices of commercial vending
  concerns, where the machines are operated, serviced, or maintained
  by, or with the approval of, a department, agency, or
  instrumentality of the United States, or commissions paid (other
  than to a blind vendor) by a commercial vending concern which
  operates, services, and maintains vending machines on federal
  property for, or with the approval of, a department, agency, or
  instrumentality of the United States.
         (e)  All expenditures authorized by the Randolph-Sheppard
  Act from federal vending revenue funds shall be paid from the
  Business Enterprises Program trust fund.
         (f)  The department [commission] may contract with a
  professional management service to administer the Business
  Enterprises Program trust fund. In administering the trust fund,
  the professional management service may acquire, exchange, sell, or
  retain any kind of investment that a prudent investor, exercising
  reasonable care, skill, and caution, would acquire, exchange, sell,
  or retain under the circumstances, taking into consideration the
  investment of all the assets of the trust fund.
         (g)  With the approval of the comptroller, the department
  [commission] may select a commercial bank, depository trust
  company, or other entity to serve as a custodian of the Business
  Enterprises Program trust fund's securities, and money realized
  from those securities, pending completion of an investment
  transaction. Money realized from those securities must be:
               (1)  reinvested not later than one business day after
  the date it is received; or
               (2)  deposited in the treasury not later than the fifth
  business day after the date it is received.
         SECTION 12.  Section 21.0015, Labor Code, is amended to read
  as follows:
         Sec. 21.0015.  TEXAS WORKFORCE COMMISSION [CIVIL RIGHTS
  DIVISION]. The powers and duties exercised by the Commission on
  Human Rights under this chapter are transferred to the Texas
  Workforce Commission [civil rights division].  A reference in this
  chapter to the "commission" means the Texas Workforce Commission
  [civil rights division].
         SECTION 13.  Section 21.206, Labor Code, is amended to read
  as follows:
         Sec. 21.206.  DETERMINATION OF REASONABLE CAUSE; REVIEW BY
  COMMISSION [PANEL].  (a)  If after investigation the executive
  director or the executive director's designee determines that there
  is reasonable cause to believe that the respondent engaged in an
  unlawful employment practice as alleged in a complaint, the
  executive director or the executive director's designee shall
  review with the commission members [a panel of three commissioners]
  the evidence in the record.
         (b)  If after the review at least two of the three commission
  members [commissioners] determine that there is reasonable cause to
  believe that the respondent engaged in an unlawful employment
  practice, the executive director shall:
               (1)  issue a written determination incorporating the
  executive director's finding that the evidence supports the
  complaint; and
               (2)  serve a copy of the determination on the
  complainant, the respondent, and other agencies as required by law.
         SECTION 14.  Section 21.453, Labor Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Except as provided by Subsection (a-1), the [The]
  commission shall review the personnel policies and procedures of
  each state agency on a six-year cycle to determine whether the
  policies and procedures comply with this chapter.
         (a-1)  The commission by rule shall develop risk-assessment
  criteria for determining the circumstances under which the
  commission may conduct a review of the personnel policies and
  procedures of a state agency more frequently than required by
  Subsection (a).  The risk-assessment criteria must include:
               (1)  data on complaints against a state agency;
               (2)  previous review findings; and
               (3)  any other related information collected and
  maintained by the commission.
         SECTION 15.  Section 21.455, Labor Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  Annually, the commission shall:
               (1)  review the reimbursements received by the
  commission under this section to ensure that the commission
  recovers the expenses described by Subsection (a); and
               (2)  adjust the reimbursement rate if, as a result of
  the most recent annual review, the commission determines that the
  reimbursement rate is higher or lower than the rate required to
  recover those expenses.
         SECTION 16.  Chapter 214, Labor Code, is amended by adding
  Section 214.009 to read as follows:
         Sec. 214.009.  RECOVERY OF COVERED UNEMPLOYMENT
  COMPENSATION DEBT THROUGH FEDERAL TREASURY OFFSET PROGRAM.  (a)  In
  this section, "program" means the federal Treasury Offset Program
  authorized by 26 U.S.C. Section 6402(f).
         (b)  The commission may collect the following covered
  unemployment compensation debt through the program:
               (1)  a past-due debt for erroneous payment of benefits
  due to fraud that has become final under law and remains
  uncollected;
               (2)  a past-due debt for erroneous payment of benefits
  due to a person's failure to report earnings, even if
  non-fraudulent, that has become final under law and remains
  uncollected;
               (3)  a past-due employer contribution owed to the
  compensation fund for which the commission has determined the
  person to be liable and that remains uncollected; and
               (4)  any penalties and interest assessed by the
  commission on a debt described by Subdivision (1), (2), or (3).
         (c)  Before submitting covered unemployment compensation
  debt for recovery under the program, the commission must:
               (1)  notify the debtor by regular United States mail
  that the commission plans to recover the debt through the offset of
  any federal tax refund;
               (2)  provide the debtor at least 60 days following the
  date the notice is provided under Subdivision (1) to present to the
  commission evidence that all or part of the debt is not:
                     (A)  legally enforceable;
                     (B)  due to fraud or unreported earnings; or
                     (C)  a contribution owed to the compensation fund;
  and
               (3)  consider any evidence presented by the debtor to
  determine the amount of debt that is legally enforceable and owed.
         (d)  In considering evidence presented by a debtor under
  Subsection (c), the commission may determine only whether the
  debtor has demonstrated that the debt is not subject to recovery
  through the program so that the commission is able to minimize
  erroneous offsets.  The commission may not review the initial
  determination establishing the debtor's liability.
         (e)  The commission shall assess against the debtor the cost
  of any administrative fee charged by the United States Department
  of the Treasury for each offset.  The commission may add the
  assessed amount to the covered unemployment compensation debt that
  is offset under the program.
         SECTION 17.  Section 301.006(b), Labor Code, is amended to
  read as follows:
         (b)  Notwithstanding Subsection (a), the member of the
  commission who represents the public shall serve as chair:
               (1)  when the commission acts under:
                     (A)  Chapter 21;
                     (B)  Subchapter D, Chapter 61; [or]
                     (C) [(B)]  Subchapter D, Chapter 212; or
                     (D)  Chapter 301, Property Code; and
               (2)  in commission hearings involving unemployment
  insurance issues regarding tax coverage, contributions, or
  reimbursements.
         SECTION 18.  Section 301.008, Labor Code, is amended to read
  as follows:
         Sec. 301.008.  APPLICATION OF SUNSET ACT. The Texas
  Workforce Commission is subject to Chapter 325, Government Code
  (Texas Sunset Act). Unless continued in existence as provided by
  that chapter, the commission is abolished September 1, 2027 [2015].
         SECTION 19.  Section 301.009(a), Labor Code, is amended to
  read as follows:
         (a)  The commission shall have:
               (1)  a division of workforce development; [and]
               (2)  a division of unemployment compensation; and
               (3)  a civil rights division.
         SECTION 20.  Subchapter D, Chapter 301, Labor Code, is
  amended by adding Section 301.075 to read as follows:
         Sec. 301.075.  VOCATIONAL REHABILITATION AND CERTAIN OTHER
  SERVICES FOR PERSONS WITH DISABILITIES. If the commission receives
  federal approval to administer vocational rehabilitation services
  and other services and programs to persons with disabilities under
  Title 7-A, Human Resources Code, the commission has primary
  responsibility for providing those services and programs.
         SECTION 21.  Section 301.153, Labor Code, is amended to read
  as follows:
         Sec. 301.153.  GOVERNANCE; AUTHORITY [HUMAN RIGHTS
  COMMISSION].  (a)  [The division is governed by the human rights
  commission, which consists of seven members as follows:
               [(1)  one member who represents industry;
               [(2)  one member who represents labor; and
               [(3)  five members who represent the public.
         [(b)     The members of the human rights commission established
  under this section shall be appointed by the governor. In making
  appointments to the human rights commission, the governor shall
  strive to achieve representation on the human rights commission
  that is diverse with respect to disability, religion, age, economic
  status, sex, race, and ethnicity.
         [(c)     The term of office of each commissioner is six years.  
  The governor shall designate one commissioner to serve as presiding
  officer.
         [(d)     A commissioner is entitled to reimbursement of actual
  and necessary expenses incurred in the performance of official
  duties.
         [(e)]  The [human rights] commission shall establish
  policies for the division and the executive director shall 
  supervise the director in administering the activities of the
  division.
         (b) [(f)]  The [human rights] commission is the state
  authority established as a fair employment practice agency and is
  authorized, with respect to an unlawful employment practice, to:
               (1)  grant relief from the practice;
               (2)  seek relief from the practice; or
               (3)  institute criminal proceedings.
         (c)  The commission shall administer Chapter 21 of this code
  and Chapter 301, Property Code, including the powers and duties
  formerly exercised by the former Commission on Human Rights under
  those laws.
         (d)  A reference in Chapter 21 of this code, Chapter 301,
  Property Code, or any other law to the former Commission on Human
  Rights means the commission.
         SECTION 22.  Section 301.154(a), Labor Code, is amended to
  read as follows:
         (a)  The director shall be appointed by the executive
  director [human rights commission] to administer the powers and
  duties of the division.
         SECTION 23.  Subchapter I, Chapter 301, Labor Code, is
  amended by adding Section 301.157 to read as follows:
         Sec. 301.157.  ANALYSIS OF STATE AGENCY DISCRIMINATION
  COMPLAINTS; REPORT.  (a)  Each state fiscal year, the division shall
  collect and analyze information regarding employment
  discrimination complaints, other than complaints determined to be
  without merit, filed with the division against a state agency.  The
  information must include:
               (1)  an analysis of the complaints, both by number and
  by type; and
               (2)  key findings or trends the division identifies
  during the division's review of state agency personnel policies and
  procedures under Section 21.453.
         (b)  The commission shall include the results of the
  division's analysis under this section in the commission's annual
  report to the governor and the legislature.  The division shall
  exclude from the report any identifying information of a
  complainant or a state agency complaint as necessary to maintain
  confidentiality required by the commission's contract with the
  federal Equal Employment Opportunity Commission or by other law.
         SECTION 24.  Section 302.0043(f), Labor Code, is amended to
  read as follows:
         (f)  Not later than January 15 of each odd-numbered year, the
  commission shall report to the legislature regarding the
  commission's findings regarding the effectiveness of the
  commission's child care program. The report must:
               (1)  include employment outcome information,
  disaggregated by local workforce development area, regarding
  parents receiving subsidized care under the program; and
               (2)  identify multiyear trends in the information
  collected and analyzed by the commission under this section,
  including trends in the information for at least the five state
  fiscal years preceding the date of the report.
         SECTION 25.  Subchapter A, Chapter 302, Labor Code, is
  amended by adding Section 302.00435 to read as follows:
         Sec. 302.00435.  SUBSIDIZED CHILD CARE PROGRAM; INPUT
  POLICY. The commission shall develop a policy for obtaining,
  through appropriate methods, input from interested parties
  regarding its subsidized child care program and for using that
  input in administering that program.
         SECTION 26.  Section 301.0015, Property Code, is amended to
  read as follows:
         Sec. 301.0015.  TEXAS WORKFORCE COMMISSION [CIVIL RIGHTS
  DIVISION]. The powers and duties exercised by the Commission on
  Human Rights under this chapter are transferred to the Texas
  Workforce Commission [civil rights division].  A reference in this
  chapter to the "commission" means the Texas Workforce Commission
  [civil rights division].
         SECTION 27.  The following laws are repealed:
               (1)  Section 132.201(b), Education Code;
               (2)  Subchapter F, Chapter 419, Government Code;
               (3)  Section 91.016(e), Human Resources Code;
               (4)  Subchapter D, Chapter 91, Human Resources Code;
               (5)  Section 111.016, Human Resources Code;
               (6)  Section 111.0205, Human Resources Code;
               (7)  Section 111.053(b), Human Resources Code;
               (8)  Section 111.061, Human Resources Code;
               (9)  Subchapter D, Chapter 111, Human Resources Code;
               (10)  Section 117.058, Human Resources Code; and
               (11)  Sections 301.151(3) and 301.152, Labor Code.
         SECTION 28.  (a)  Not later than September 1, 2016, the Texas
  Workforce Commission shall adopt all rules, policies, and
  procedures required by the changes in law made by this Act.
         (b)  Section 301.157, Labor Code, as added by this Act,
  applies beginning with the annual report submitted to the governor
  and the legislature by the Texas Workforce Commission that covers
  the state fiscal year ending August 31, 2015.
         SECTION 29.  On the effective date of this Act, the human
  rights commission that governed the Texas Workforce Commission
  civil rights division under Section 301.153, Labor Code, before the
  effective date of this Act is abolished.  The validity of an action
  taken by the human rights commission before that date is not
  affected by the abolition.  The changes in law made by this Act do
  not affect a case or proceeding pending under Chapter 21, Labor
  Code, or Chapter 301, Property Code, on the effective date of this
  Act.
         SECTION 30.  (a) If the Texas Workforce Commission receives
  federal approval to administer vocational rehabilitation services
  and other services and programs under Title 7-A, Human Resources
  Code, as added by this Act, on the date specified in the Texas
  Register as required by Section 118.002(a)(2)(B), Human Resources
  Code, as added by this Act:
               (1)  the services and programs and related powers,
  duties, functions, and activities, including rulemaking authority,
  are transferred to the Texas Workforce Commission;
               (2)  all obligations and contracts of the Department of
  Assistive and Rehabilitative Services that are related to a
  transferred service or program are transferred to the Texas
  Workforce Commission;
               (3)  all property and records in the custody of the
  Department of Assistive and Rehabilitative Services, including
  information technology systems, that are related to a transferred
  service or program and all funds appropriated by the legislature
  for the service or program shall be transferred to the Texas
  Workforce Commission; and
               (4)  all complaints, investigations, or contested
  cases that are pending before the Department of Assistive and
  Rehabilitative Services that are related to a transferred service
  or program are transferred without change in status to the Texas
  Workforce Commission.
         (b)  If a transfer of services and programs occurs under
  Subsection (a) of this section, a rule or form adopted by the
  executive commissioner of the Health and Human Services Commission
  or the Department of Assistive and Rehabilitative Services, as
  applicable, that relates to a transferred service or program is a
  rule or form of the Texas Workforce Commission and remains in effect
  until altered by the Texas Workforce Commission.
         (c)  If a transfer of services and programs occurs under
  Subsection (a) of this section, a reference in law to the executive
  commissioner of the Health and Human Services Commission or the
  Department of Assistive and Rehabilitative Services that relates to
  a transferred service or program means the Texas Workforce
  Commission.
         (d)  If a transfer of services and programs occurs under
  Subsection (a) of this section, a license, permit, or certification
  in effect that was issued by the Department of Assistive and
  Rehabilitative Services and that relates to a transferred service
  or program is continued in effect as a license, permit, or
  certification of the Texas Workforce Commission.
         SECTION 31.  As soon as possible after the effective date of
  this Act, the Department of Assistive and Rehabilitative Services
  and the Texas Workforce Commission shall actively seek federal
  approval as required by Section 118.002, Human Resources Code, as
  added by this Act, to transfer the administration of services and
  programs under Title 7-A, Human Resources Code, as added by this
  Act, from the department to the commission not later than September
  1, 2016.
         SECTION 32.  The Department of Assistive and Rehabilitative
  Services and the Texas Workforce Commission shall collaborate to
  integrate the department's vocational rehabilitation programs into
  a single vocational rehabilitation program as required by Section
  119.101, Human Resources Code, as added by this Act.
         SECTION 33.  This Act takes effect September 1, 2015.