Bill Text: TX HB4436 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to an advisory council on the needs of LGBTQ older adults.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to Human Services [HB4436 Detail]
Download: Texas-2023-HB4436-Introduced.html
88R12489 MPF-D | ||
By: Plesa | H.B. No. 4436 |
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relating to an advisory council on the needs of LGBTQ older adults. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. (a) In this section: | ||
(1) "Advisory council" means the advisory council on | ||
LGBTQ older adults established under this section. | ||
(2) "Commission" means the Health and Human Services | ||
Commission. | ||
(3) "LGBTQ" includes individuals who are lesbian, gay, | ||
bisexual, transgender, intersex, gender nonconforming, two-spirit, | ||
non-binary, same-gender-loving, queer, or any other diverse sexual | ||
orientation or gender identity. | ||
(4) "Older adult" means individuals who are 55 years | ||
of age or older. | ||
(b) The advisory council on LGBTQ older adults is | ||
established within the Health and Human Services Commission. The | ||
commission shall provide administrative support to the advisory | ||
council as necessary for the advisory council to perform its duties | ||
under this section. | ||
(c) The advisory council is composed of: | ||
(1) 24 members appointed by the governor to include: | ||
(A) one representative from a statewide | ||
organization that advocates for older adults; | ||
(B) one representative from a national | ||
organization that advocates for LGBTQ older adults; | ||
(C) one representative from a community-based, | ||
multisite health care organization founded to serve LGBTQ people; | ||
(D) the director of senior services from a | ||
community center serving LGBTQ people, or the director's designee; | ||
(E) one representative from an HIV or AIDS | ||
service organization; | ||
(F) one representative from a community | ||
organization that is focused on action leading to improved outcomes | ||
and opportunities for LGBTQ communities; | ||
(G) one representative from a labor organization | ||
that provides care and services for older adults in long-term care | ||
facilities; | ||
(H) one representative from a statewide | ||
association representing long-term care facilities; | ||
(I) five representatives from organizations that | ||
serve black, Asian American, Pacific Islander, Native American, or | ||
Hispanic LGBTQ people; | ||
(J) one representative from a statewide | ||
organization for people with disabilities; and | ||
(K) 10 LGBTQ older adults, including at least: | ||
(i) three individuals who are transgender | ||
or gender-expansive; | ||
(ii) two individuals who are older adults | ||
living with HIV; | ||
(iii) one individual who is two-spirit; | ||
(iv) one individual who is African American | ||
or black; | ||
(v) one individual who is Hispanic; | ||
(vi) one individual who is Asian American | ||
or Pacific Islander; and | ||
(vii) one individual who is ethnically | ||
diverse; and | ||
(2) four ex officio members to represent each of the | ||
following state agencies: | ||
(A) one member designated by the executive | ||
commissioner of the Health and Human Services Commission; | ||
(B) one member designated by the commissioner of | ||
state health services; | ||
(C) one member designated by the commissioner of | ||
the Department of Family and Protective Services; and | ||
(D) one member designated by the commission | ||
chair of the Texas Veterans Commission. | ||
(d) In appointing members and ex officio members to the | ||
advisory council under Subsection (c) of this section, the governor | ||
and state agency officials shall ensure, to the maximum extent | ||
practicable, that the advisory council is diverse with respect to | ||
race, ethnicity, age, sexual orientation, gender identity, gender | ||
expression, and geography. | ||
(e) If a vacancy occurs on the advisory council, the vacancy | ||
shall be filled by the appointing authority as described by | ||
Subsection (c) of this section. A vacating member shall continue to | ||
serve until a successor is appointed. | ||
(f) Members of the advisory council are not entitled to | ||
compensation but are entitled to reimbursement of actual and | ||
necessary expenses incurred in the performance of their duties | ||
under Section 2110.004, Government Code. | ||
(g) The advisory council shall: | ||
(1) investigate, analyze, and study the health, | ||
housing, financial, psychosocial, home and community-based | ||
services, assisted living, and long-term care needs of LGBTQ older | ||
adults and their caregivers; and | ||
(2) make recommendations to the legislature to improve | ||
access to benefits, services, and supports for LGBTQ older adults | ||
and their caregivers. | ||
(h) In carrying out its duties under Subsection (g) of this | ||
section, the advisory council shall: | ||
(1) examine the impact of state and local laws, | ||
policies, and rules on LGBTQ older adults; | ||
(2) examine best practices for increasing access to | ||
services, reducing isolation, preventing abuse and exploitation, | ||
promoting independence and self-determination, strengthening | ||
caregiving, eliminating disparities in services, and improving | ||
overall quality of life for LGBTQ older adults; | ||
(3) examine the impact of race, ethnicity, sex | ||
assignment at birth, socioeconomic status, disability, sexual | ||
orientation, gender identity, and other characteristics on access | ||
to services for LGBTQ older adults; | ||
(4) examine the experiences and needs of LGBTQ older | ||
adults living with HIV or AIDS; | ||
(5) examine strategies to increase the awareness of | ||
health care providers on the needs of LGBTQ older adults and their | ||
caregivers and to improve the competence of and access to | ||
treatment, services, and ongoing care, including preventive care; | ||
(6) examine the feasibility of developing statewide | ||
training curricula to improve provider competency in the delivery | ||
of culturally responsive health, housing, and long-term support | ||
services to LGBTQ older adults and their caregivers; | ||
(7) assess the funding and programming needed to | ||
provide services to the growing population of LGBTQ older adults; | ||
(8) examine whether certain policies and practices, or | ||
the absence of certain policies and practices, promote the | ||
premature admission of LGBTQ older adults to institutional care, | ||
and whether providing lower cost and culturally responsive home and | ||
community-based alternatives to institutional care provides cost | ||
savings to LGBTQ older adults; | ||
(9) examine outreach protocols to reduce apprehension | ||
among LGBTQ older adults and caregivers in utilizing mainstream | ||
long-term care providers; and | ||
(10) examine statewide strategies for the collection | ||
of sexual orientation and gender identity data and the impact of | ||
these strategies on the provision of services to LGBTQ older | ||
adults, and conduct a statewide survey designed to approximate the | ||
number of LGBTQ older adults in the state and collect demographic | ||
information, if resources allow. | ||
(i) The advisory council shall provide for its organization | ||
and procedure, including selection of the presiding officer. A | ||
majority of the advisory council constitutes a quorum for the | ||
transaction of business. | ||
(j) The advisory council shall meet at least one time per | ||
quarter. The meetings may be conducted in person or by | ||
videoconference, as determined by the presiding officer of the | ||
advisory council. | ||
(k) The advisory council shall submit reports to the | ||
legislature regarding recommendations for legislative or other | ||
action not later than September 1 of each even-numbered year. In | ||
making recommendations to the legislature, the reports must: | ||
(1) consider the best policies and practices in other | ||
states and jurisdictions; and | ||
(2) ensure equitable access, treatment, care and | ||
benefits, and overall quality of life for LGBTQ older adults. | ||
(l) The commission shall post the reports required under | ||
Subsection (k) of this section on the commission's public Internet | ||
website. | ||
(m) The commission and advisory council may collaborate | ||
with an institution of higher education in this state to compile the | ||
reports required under Subsection (k) of this section. | ||
(n) The advisory council is abolished and this section | ||
expires December 1, 2026. | ||
SECTION 2. Not later than November 1, 2023, the governor and | ||
state agency officials shall make the appointments required by this | ||
Act. | ||
SECTION 3. This Act takes effect September 1, 2023. |