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A BILL TO BE ENTITLED
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AN ACT
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relating to an advisory council on the needs of LGBTQ older adults. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) In this section: |
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(1) "Advisory council" means the advisory council on |
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LGBTQ older adults established under this section. |
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(2) "Commission" means the Health and Human Services |
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Commission. |
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(3) "LGBTQ" includes individuals who are lesbian, gay, |
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bisexual, transgender, intersex, gender nonconforming, two-spirit, |
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non-binary, same-gender-loving, queer, or any other diverse sexual |
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orientation or gender identity. |
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(4) "Older adult" means individuals who are 55 years |
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of age or older. |
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(b) The advisory council on LGBTQ older adults is |
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established within the Health and Human Services Commission. The |
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commission shall provide administrative support to the advisory |
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council as necessary for the advisory council to perform its duties |
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under this section. |
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(c) The advisory council is composed of: |
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(1) 24 members appointed by the governor to include: |
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(A) one representative from a statewide |
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organization that advocates for older adults; |
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(B) one representative from a national |
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organization that advocates for LGBTQ older adults; |
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(C) one representative from a community-based, |
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multisite health care organization founded to serve LGBTQ people; |
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(D) the director of senior services from a |
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community center serving LGBTQ people, or the director's designee; |
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(E) one representative from an HIV or AIDS |
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service organization; |
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(F) one representative from a community |
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organization that is focused on action leading to improved outcomes |
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and opportunities for LGBTQ communities; |
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(G) one representative from a labor organization |
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that provides care and services for older adults in long-term care |
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facilities; |
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(H) one representative from a statewide |
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association representing long-term care facilities; |
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(I) five representatives from organizations that |
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serve black, Asian American, Pacific Islander, Native American, or |
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Hispanic LGBTQ people; |
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(J) one representative from a statewide |
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organization for people with disabilities; and |
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(K) 10 LGBTQ older adults, including at least: |
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(i) three individuals who are transgender |
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or gender-expansive; |
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(ii) two individuals who are older adults |
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living with HIV; |
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(iii) one individual who is two-spirit; |
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(iv) one individual who is African American |
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or black; |
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(v) one individual who is Hispanic; |
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(vi) one individual who is Asian American |
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or Pacific Islander; and |
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(vii) one individual who is ethnically |
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diverse; and |
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(2) four ex officio members to represent each of the |
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following state agencies: |
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(A) one member designated by the executive |
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commissioner of the Health and Human Services Commission; |
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(B) one member designated by the commissioner of |
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state health services; |
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(C) one member designated by the commissioner of |
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the Department of Family and Protective Services; and |
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(D) one member designated by the commission |
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chair of the Texas Veterans Commission. |
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(d) In appointing members and ex officio members to the |
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advisory council under Subsection (c) of this section, the governor |
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and state agency officials shall ensure, to the maximum extent |
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practicable, that the advisory council is diverse with respect to |
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race, ethnicity, age, sexual orientation, gender identity, gender |
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expression, and geography. |
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(e) If a vacancy occurs on the advisory council, the vacancy |
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shall be filled by the appointing authority as described by |
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Subsection (c) of this section. A vacating member shall continue to |
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serve until a successor is appointed. |
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(f) Members of the advisory council are not entitled to |
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compensation but are entitled to reimbursement of actual and |
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necessary expenses incurred in the performance of their duties |
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under Section 2110.004, Government Code. |
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(g) The advisory council shall: |
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(1) investigate, analyze, and study the health, |
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housing, financial, psychosocial, home and community-based |
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services, assisted living, and long-term care needs of LGBTQ older |
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adults and their caregivers; and |
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(2) make recommendations to the legislature to improve |
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access to benefits, services, and supports for LGBTQ older adults |
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and their caregivers. |
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(h) In carrying out its duties under Subsection (g) of this |
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section, the advisory council shall: |
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(1) examine the impact of state and local laws, |
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policies, and rules on LGBTQ older adults; |
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(2) examine best practices for increasing access to |
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services, reducing isolation, preventing abuse and exploitation, |
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promoting independence and self-determination, strengthening |
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caregiving, eliminating disparities in services, and improving |
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overall quality of life for LGBTQ older adults; |
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(3) examine the impact of race, ethnicity, sex |
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assignment at birth, socioeconomic status, disability, sexual |
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orientation, gender identity, and other characteristics on access |
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to services for LGBTQ older adults; |
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(4) examine the experiences and needs of LGBTQ older |
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adults living with HIV or AIDS; |
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(5) examine strategies to increase the awareness of |
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health care providers on the needs of LGBTQ older adults and their |
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caregivers and to improve the competence of and access to |
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treatment, services, and ongoing care, including preventive care; |
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(6) examine the feasibility of developing statewide |
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training curricula to improve provider competency in the delivery |
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of culturally responsive health, housing, and long-term support |
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services to LGBTQ older adults and their caregivers; |
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(7) assess the funding and programming needed to |
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provide services to the growing population of LGBTQ older adults; |
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(8) examine whether certain policies and practices, or |
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the absence of certain policies and practices, promote the |
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premature admission of LGBTQ older adults to institutional care, |
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and whether providing lower cost and culturally responsive home and |
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community-based alternatives to institutional care provides cost |
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savings to LGBTQ older adults; |
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(9) examine outreach protocols to reduce apprehension |
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among LGBTQ older adults and caregivers in utilizing mainstream |
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long-term care providers; and |
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(10) examine statewide strategies for the collection |
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of sexual orientation and gender identity data and the impact of |
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these strategies on the provision of services to LGBTQ older |
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adults, and conduct a statewide survey designed to approximate the |
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number of LGBTQ older adults in the state and collect demographic |
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information, if resources allow. |
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(i) The advisory council shall provide for its organization |
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and procedure, including selection of the presiding officer. A |
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majority of the advisory council constitutes a quorum for the |
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transaction of business. |
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(j) The advisory council shall meet at least one time per |
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quarter. The meetings may be conducted in person or by |
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videoconference, as determined by the presiding officer of the |
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advisory council. |
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(k) The advisory council shall submit reports to the |
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legislature regarding recommendations for legislative or other |
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action not later than September 1 of each even-numbered year. In |
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making recommendations to the legislature, the reports must: |
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(1) consider the best policies and practices in other |
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states and jurisdictions; and |
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(2) ensure equitable access, treatment, care and |
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benefits, and overall quality of life for LGBTQ older adults. |
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(l) The commission shall post the reports required under |
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Subsection (k) of this section on the commission's public Internet |
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website. |
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(m) The commission and advisory council may collaborate |
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with an institution of higher education in this state to compile the |
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reports required under Subsection (k) of this section. |
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(n) The advisory council is abolished and this section |
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expires December 1, 2026. |
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SECTION 2. Not later than November 1, 2023, the governor and |
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state agency officials shall make the appointments required by this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2023. |