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.