Bill Text: TX HB3294 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the continuation and functions of the Texas Workforce Commission.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-04-09 - Left pending in committee [HB3294 Detail]

Download: Texas-2015-HB3294-Introduced.html

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84R5733 LED/KKR-D
By: Burkett H.B. No. 3294

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.