Bill Text: TX SB208 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the continuation and functions of the Texas Workforce Commission.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2015-06-19 - See remarks for effective date [SB208 Detail]
Download: Texas-2015-SB208-Enrolled.html
S.B. No. 208 |
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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. 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 Subtitle C, Title 4, Labor Code, | ||
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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 Subtitle C, Title 4, | ||
Labor Code [ |
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SECTION 3. The heading to Section 411.104, Government Code, | ||
is amended to read as follows: | ||
Sec. 411.104. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS WORKFORCE COMMISSION; SECURITY SENSITIVE | ||
POSITIONS. | ||
SECTION 4. Effective September 1, 2016, Subchapter F, | ||
Chapter 411, Government Code, is amended by adding Section 411.1041 | ||
to read as follows: | ||
Sec. 411.1041. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS WORKFORCE COMMISSION; VOCATIONAL | ||
REHABILITATION AND OTHER SERVICES. (a) The Texas Workforce | ||
Commission, in connection with the administration of vocational | ||
rehabilitation services and other services and programs under | ||
Subtitle C, Title 4, Labor Code, 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 those services; | ||
(2) an applicant for those services from the | ||
commission; or | ||
(3) a client receiving those services from the | ||
commission. | ||
(b) Criminal history record information obtained by the | ||
commission under Subsection (a) may not be released or disclosed to | ||
any person except on court order or with the written consent of the | ||
person who is the subject of the criminal history record | ||
information. | ||
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. Effective September 1, 2016, 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. The Texas Workforce Commission has primary | ||
responsibility for providing vocational rehabilitation services | ||
and other services and programs under Subtitle C, Title 4, Labor | ||
Code, notwithstanding Section 91.021(a) and subject to receipt of | ||
any required federal approval to administer those services and | ||
programs. 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 7. Effective September 1, 2016, 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. The Texas Workforce Commission has primary | ||
responsibility for providing vocational rehabilitation services | ||
and other services and programs under Subtitle C, Title 4, Labor | ||
Code, notwithstanding Section 111.051 and subject to receipt of any | ||
required federal approval to administer those services and | ||
programs. 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. All other state agencies engaged in | ||
vocational rehabilitation services or related services or programs | ||
shall coordinate those activities with the Texas Workforce | ||
Commission. | ||
SECTION 8. Effective September 1, 2016, Subchapter D, | ||
Chapter 117, Human Resources Code, is amended by adding Section | ||
117.0713 to read as follows: | ||
Sec. 117.0713. SERVICE DELIVERY BY TEXAS WORKFORCE | ||
COMMISSION. The Texas Workforce Commission has primary | ||
responsibility for providing vocational rehabilitation services | ||
and other services and programs under Subtitle C, Title 4, Labor | ||
Code, notwithstanding Section 117.071 and subject to receipt of any | ||
required federal approval to administer those services and | ||
programs. 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 9. Section 21.0015, Labor Code, is amended to read | ||
as follows: | ||
Sec. 21.0015. TEXAS WORKFORCE COMMISSION [ |
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Human Rights under this chapter are transferred to the Texas | ||
Workforce Commission [ |
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chapter to the "commission" means the Texas Workforce Commission | ||
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SECTION 10. Section 21.206, Labor Code, is amended to read | ||
as follows: | ||
Sec. 21.206. DETERMINATION OF REASONABLE CAUSE; REVIEW BY | ||
COMMISSION [ |
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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 [ |
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the evidence in the record. | ||
(b) If after the review at least two of the three commission | ||
members [ |
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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 11. 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 [ |
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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 12. 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 13. Subchapter A, Chapter 61, Labor Code, is | ||
amended by adding Section 61.006 to read as follows: | ||
Sec. 61.006. NOTICE LANGUAGES. The commission shall: | ||
(1) make available any notice the commission is | ||
required to provide to an employee under this chapter in the two | ||
languages that are most commonly spoken in this state; and | ||
(2) ensure that employees are notified of an | ||
employee's ability to request from the commission notice in either | ||
language described by Subdivision (1). | ||
SECTION 14. Section 61.051, Labor Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) The commission shall ensure that employees are notified | ||
of an employee's ability to request from the commission a wage claim | ||
form in either language described by Section 61.006. | ||
SECTION 15. 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 16. 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; [ |
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(C) [ |
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(D) Chapter 301, Property Code; and | ||
(2) in commission hearings involving unemployment | ||
insurance issues regarding tax coverage, contributions, or | ||
reimbursements. | ||
SECTION 17. 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 [ |
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SECTION 18. Section 301.009(a), Labor Code, is amended to | ||
read as follows: | ||
(a) The commission shall have: | ||
(1) a division of workforce development; [ |
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(2) a division of unemployment compensation; and | ||
(3) a civil rights division. | ||
SECTION 19. Effective September 1, 2016, Subchapter D, | ||
Chapter 301, Labor Code, is amended by adding Section 301.0675 to | ||
read as follows: | ||
Sec. 301.0675. VOCATIONAL REHABILITATION AND CERTAIN OTHER | ||
SERVICES FOR PERSONS WITH DISABILITIES. Subject to federal | ||
approval, if required, to administer vocational rehabilitation | ||
services and other services and programs to persons with | ||
disabilities under Subtitle C, Title 4, the commission has primary | ||
responsibility for providing those services and programs. | ||
SECTION 20. Section 301.153, Labor Code, is amended to read | ||
as follows: | ||
Sec. 301.153. GOVERNANCE; AUTHORITY [ |
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policies for the division and the executive director shall | ||
supervise the director in administering the activities of the | ||
division. | ||
(b) [ |
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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 21. Section 301.154(a), Labor Code, is amended to | ||
read as follows: | ||
(a) The director shall be appointed by the executive | ||
director [ |
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duties of the division. | ||
SECTION 22. 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 23. 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 24. 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 25. Title 4, Labor Code, is amended by adding | ||
Subtitle C to read as follows: | ||
SUBTITLE C. VOCATIONAL REHABILITATION AND CERTAIN OTHER SERVICES | ||
FOR PERSONS WITH DISABILITIES | ||
CHAPTER 351. GENERAL PROVISIONS; RESPONSIBILITY FOR | ||
ADMINISTRATION OF SERVICES | ||
Sec. 351.001. DEFINITIONS. In this subtitle: | ||
(1) "Department" means the Department of Assistive and | ||
Rehabilitative Services. | ||
(2) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
Sec. 351.002. RESPONSIBILITY FOR ADMINISTRATION OF | ||
SERVICES AND PROGRAMS. (a) Notwithstanding any other provision of | ||
this subtitle, the department shall administer the services and | ||
programs under this subtitle until September 1, 2016. On that date, | ||
the department shall cease administering the services and programs | ||
and the commission shall begin administering the services and | ||
programs, subject to receipt of any required federal approval. | ||
(b) The department or commission, as appropriate, shall | ||
seek federal approval, if required: | ||
(1) for the commission, beginning on September 1, | ||
2016, to administer the following services and programs under this | ||
subtitle that the department operated before that date under the | ||
federal Rehabilitation Act of 1973 (29 U.S.C. Sections 720 through | ||
751): | ||
(A) the vocational rehabilitation program for | ||
individuals with visual impairments; | ||
(B) the vocational rehabilitation program for | ||
individuals with other disabilities; | ||
(C) the Independent Living Services Program for | ||
older individuals who are blind; and | ||
(D) the Criss Cole Rehabilitation Center; | ||
(2) for the commission, beginning on September 1, | ||
2016, to administer the program for vending facilities operated by | ||
blind persons under Chapter 355, including the Business Enterprises | ||
Program under the Randolph-Sheppard Act (20 U.S.C. Section 107 et | ||
seq.), that the department operated before that date; and | ||
(3) to designate within the commission the state unit | ||
under 29 U.S.C. Section 721 that is responsible for administering | ||
the state's vocational rehabilitation program. | ||
(c) The Rehabilitation Council of Texas transfers to the | ||
commission on September 1, 2016. | ||
(d) Subsections (b) and (c) and this subsection expire | ||
September 1, 2019. | ||
Sec. 351.003. DESIGNATED STATE UNIT FOR VOCATIONAL | ||
REHABILITATION SERVICES. In accordance with the requirements of | ||
the federal Rehabilitation Act of 1973 (29 U.S.C. Section 701 et | ||
seq.), the commission shall establish a designated state unit | ||
within the commission that: | ||
(1) is an organizational unit designated to be | ||
primarily responsible for and concerned with vocational | ||
rehabilitation of individuals with disabilities; | ||
(2) has a full-time director; | ||
(3) has a staff employed on the rehabilitation work of | ||
the organizational unit, all or substantially all of whom are | ||
employed full-time on such work; and | ||
(4) is located at an organizational level and has an | ||
organizational status within the commission comparable to that of | ||
other major organizational units of the commission. | ||
Sec. 351.004. INTEGRATION OF VOCATIONAL REHABILITATION | ||
PROGRAMS; PROGRAM STAFF. (a) 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. 351.005. MEANING OF CERTAIN REFERENCES IN LAW. Until | ||
the administration of this subtitle is transferred from the | ||
department to the commission, a reference to the commission or the | ||
executive director in this subtitle means the department, | ||
commissioner of assistive and rehabilitative services, or | ||
executive commissioner, as applicable. | ||
CHAPTER 352. VOCATIONAL REHABILITATION SERVICES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 352.001. DEFINITIONS. In this chapter: | ||
(1) "Direct services" means services provided to a | ||
client by a commission employee, including counseling, | ||
facilitating the purchase of services from a source other than the | ||
commission, and purchasing equipment and other items and providing | ||
other services necessary for the client to successfully complete a | ||
commission program. | ||
(2) "Direct services program" means a program operated | ||
by the commission 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 commission or through a public or private agency and that the | ||
commission 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 | ||
commission receives financial support under federal law. | ||
Sec. 352.002. 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. 352.003. 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 commission 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 commission, the | ||
executive director, and other commission staff. | ||
(c) The commission shall adopt rules for the administration | ||
of the council. | ||
Sec. 352.004. 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 commission 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 | ||
commission. | ||
Sec. 352.005. GIFTS, DONATIONS, AND OTHER MONEY. (a) The | ||
commission shall deposit all money paid to the commission under | ||
this chapter in the state treasury. The money may be used only for | ||
the administration of this chapter. | ||
(b) The commission 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. 352.006. MISUSE OF INFORMATION. Except for purposes | ||
directly connected with the administration of the vocational | ||
rehabilitation program and according to commission 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. 352.007. CRIMINAL HISTORY RECORD INFORMATION. | ||
(a) The commission 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 | ||
commission whose potential duties include direct contact with | ||
clients to provide vocational rehabilitation services or other | ||
services under this subtitle; | ||
(2) an applicant for vocational rehabilitation | ||
services or other services under this subtitle from the commission; | ||
or | ||
(3) a client receiving vocational rehabilitation | ||
services or other services under this subtitle. | ||
(b) The Texas Department of Criminal Justice and the Texas | ||
Department of Public Safety on request shall supply to the | ||
commission criminal history record information relating to | ||
applicants selected for employment with the commission whose | ||
potential duties include direct contact with clients to provide | ||
vocational rehabilitation services, applicants for vocational | ||
rehabilitation services from the commission, or vocational | ||
rehabilitation clients of the commission. The commission shall | ||
treat all criminal history record information as privileged and | ||
confidential and for commission use only. | ||
(c) The commission by rule shall establish criteria for | ||
denying a person's application for employment with the commission | ||
to provide vocational rehabilitation services based on criminal | ||
history record information obtained as authorized by this section. | ||
Sec. 352.008. 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 | ||
commission in accordance with law. | ||
SUBCHAPTER B. GENERAL POWERS AND DUTIES | ||
Sec. 352.051. VOCATIONAL REHABILITATION PROGRAM FOR | ||
INDIVIDUALS WITH DISABILITIES. (a) The commission shall conduct a | ||
program to provide vocational rehabilitation services to eligible | ||
individuals with disabilities. | ||
(b) To achieve the purposes of the program, the commission | ||
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. 352.052. COOPERATION WITH FEDERAL GOVERNMENT; | ||
OBTAINING FEDERAL FUNDS. (a) The commission 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 commission 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 commission determines | ||
that a provision of state law precludes conformity with a federal | ||
requirement and limits federal financial support, the commission | ||
may waive or modify the state law to the extent necessary to obtain | ||
the full benefits of the federal law. | ||
(c) The commission 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. 352.053. CONTRACTS FOR SERVICE. (a) The commission | ||
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 commission shall monitor a service provider's | ||
performance under a contract for service under this chapter. In | ||
monitoring performance, the commission 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. 352.054. RATES FOR MEDICAL SERVICES. (a) The | ||
commission 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 commission shall establish a schedule of rates based | ||
on the standards adopted under Subsection (a). In adopting the rate | ||
schedule, the commission shall: | ||
(1) compare the proposed rate schedule to other | ||
cost-based and resource-based rates for medical services, | ||
including rates paid under Medicaid and the Medicare program; 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 commission 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. 352.055. CONTRACT PAYMENT. The commission shall base | ||
payment under a contract for vocational rehabilitation services on | ||
outcome-based performance standards defined in the contract. | ||
Sec. 352.056. CONTRACTS FOR ADAPTIVE TECHNOLOGY. The | ||
commission 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. 352.057. LOANS FOR VISUAL AIDS. (a) The commission | ||
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 commission may adopt rules to administer the loan | ||
program. | ||
Sec. 352.058. SUBROGATION. (a) By providing a person | ||
rehabilitation services, including medical care services, under | ||
this subchapter, the commission 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 commission's right of subrogation is limited to the | ||
cost of the services provided. | ||
(c) The commission may totally or partially waive the | ||
commission's right of subrogation when the commission finds that | ||
enforcement would tend to defeat the purpose of rehabilitation. | ||
(d) The commission may adopt rules for the enforcement of | ||
the commission's right of subrogation. | ||
Sec. 352.059. WORK INCENTIVES AND SUPPLEMENTAL SECURITY | ||
INCOME (SSI). The commission shall employ a person at the | ||
commission's central office to: | ||
(1) train counselors to understand and use work | ||
incentives; and | ||
(2) review cases to ensure that commission 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. PROVISION OF AND ELIGIBILITY FOR VOCATIONAL | ||
REHABILITATION SERVICES | ||
Sec. 352.101. INTEGRATION OF VOCATIONAL REHABILITATION | ||
PROGRAMS. (a) Not later than October 1, 2017, and subject to | ||
federal approval, the commission 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 October 1, 2017, to facilitate the | ||
integration of the vocational rehabilitation programs identified | ||
in Subsection (a), the commission shall at a minimum: | ||
(1) reorganize the commission'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, 2019. | ||
Sec. 352.102. ELIGIBILITY FOR VOCATIONAL REHABILITATION | ||
SERVICES. The commission shall provide vocational rehabilitation | ||
services to individuals with disabilities eligible for those | ||
services under federal law. | ||
Sec. 352.103. PROVISION OF VOCATIONAL REHABILITATION | ||
SERVICES. (a) The commission 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 commission and that may assist the | ||
client in obtaining vocational rehabilitation goods or services. | ||
(b) The commission shall annually assess the effectiveness | ||
of the state's vocational rehabilitation program. | ||
Sec. 352.104. TRAINING AND SUPERVISION OF COUNSELORS. | ||
(a) The commission 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 commission rule to document whether a client is | ||
substantially underemployed or at risk of losing employment. | ||
(b) The commission by rule shall require monitoring and | ||
oversight of vocational rehabilitation counselor performance and | ||
decision making in accordance with this section. | ||
Sec. 352.105. SPECIALIZED TRAINING FOR CERTAIN EMPLOYEES. | ||
(a) The commission 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 commission shall collaborate with health and human | ||
services agencies, as defined by Section 531.001, Government Code, | ||
as necessary. | ||
Sec. 352.106. PAYMENT OF SHIFT DIFFERENTIALS. The | ||
commission by rule may develop and implement policies allowing | ||
shift differentials to be paid to employees in the vocational | ||
rehabilitation program under this chapter. | ||
Sec. 352.107. CLIENT ORIENTATION MATERIALS. The commission | ||
shall develop and distribute at intake client orientation materials | ||
for the vocational rehabilitation program that include information | ||
on the commission's decision-making criteria. | ||
Sec. 352.108. 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 commission 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 commission'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 commission and the Texas | ||
Education Agency consider important. | ||
(c) The commission and the Texas Education Agency shall | ||
update the mechanism developed under Subsection (b) on a periodic | ||
basis. | ||
(d) The commission 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 commission 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 commission 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 commission's | ||
available services and contact information for commission | ||
transition counselors; and | ||
(2) a process to be used by the commission and the | ||
Texas Education Agency to develop and update the mechanism used to | ||
identify students who may need services. | ||
(f) On or after September 1, 2016, but not later than | ||
September 1, 2017: | ||
(1) the commission 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 | ||
(2) the commission shall develop the policies | ||
described in Subsection (d). | ||
(g) Subsection (f) and this subsection expire September 1, | ||
2018. | ||
SECTION 26. (a) Chapter 351, Labor Code, as added by this | ||
Act, is amended by adding Sections 351.0021 and 351.0022 to read as | ||
follows: | ||
Sec. 351.0021. LEGISLATIVE OVERSIGHT COMMITTEE. (a) In | ||
this section, "committee" means the Legislative Oversight | ||
Committee established under this section. | ||
(b) The Legislative Oversight Committee is created to | ||
facilitate the transfer of vocational rehabilitation services and | ||
other services and programs under this subtitle with, to the | ||
greatest degree possible, no negative effect on the delivery of | ||
services to clients. | ||
(c) The committee is composed of 11 voting members, as | ||
follows: | ||
(1) four members of the senate, appointed by the | ||
lieutenant governor; | ||
(2) four members of the house of representatives, | ||
appointed by the speaker of the house of representatives; and | ||
(3) three members of the public, appointed by the | ||
governor. | ||
(d) The executive commissioner, the commissioner of | ||
assistive and rehabilitative services, and the executive director | ||
serve as ex officio, nonvoting members of the committee. | ||
(e) A member of the committee serves at the pleasure of the | ||
appointing official. | ||
(f) The lieutenant governor and the speaker of the house of | ||
representatives shall each designate a presiding co-chair from | ||
among their respective appointments. | ||
(g) A member of the committee may not receive compensation | ||
for serving on the committee but is entitled to reimbursement for | ||
travel expenses incurred by the member while conducting the | ||
business of the committee as provided by the General Appropriations | ||
Act. | ||
(h) The committee shall: | ||
(1) facilitate the transfer of vocational | ||
rehabilitation services and other services and programs under this | ||
subtitle with, to the greatest degree possible, no negative effect | ||
on the delivery of services to clients; | ||
(2) advise the executive director, the executive | ||
commissioner, and the commissioner of assistive and rehabilitative | ||
services concerning: | ||
(A) the services and programs to be transferred | ||
under this subtitle and the funds and obligations that are related | ||
to the services and programs; and | ||
(B) the transfer of the services and programs and | ||
related records, property, funds, and obligations from the | ||
department to the commission as provided by this subtitle; and | ||
(3) meet at the call of either chair. | ||
(i) Chapter 551, Government Code, applies to the committee. | ||
(j) The committee shall submit a report to the governor, | ||
lieutenant governor, speaker of the house of representatives, and | ||
legislature not later than December 1 of each even-numbered year. | ||
The report must include an update on the progress of and issues | ||
related to the transfer of vocational rehabilitation services and | ||
other services and programs under this subtitle from the department | ||
to the commission, including the need for any additional statutory | ||
changes required to complete the transfer of services and programs | ||
to the commission in accordance with this subtitle. | ||
(k) The committee is abolished August 31, 2019. | ||
(l) This section expires September 1, 2019. | ||
Sec. 351.0022. TRANSITION PLAN. (a) The transfer of | ||
vocational rehabilitation services and other services and programs | ||
under this subtitle must be accomplished in accordance with a | ||
transition plan developed by the executive director, the | ||
commissioner of assistive and rehabilitative services, and the | ||
executive commissioner that ensures that the transfer and provision | ||
of services and programs are accomplished in a careful and | ||
deliberative manner. Specifically, the transition plan must | ||
include: | ||
(1) the specific steps and methods for the transfer or | ||
disposition of all obligations, rights, contracts, leases, | ||
records, property, and funds, including unexpended and unobligated | ||
appropriations, relating to the services and programs transferred | ||
from the department to the commission under this subtitle, | ||
including the plans for leased office or building space and the | ||
transition of data and information technology systems supporting | ||
the services and programs; | ||
(2) the identification of all full-time equivalent | ||
employee positions that are associated with the department's | ||
administration of the services and programs to be transferred to | ||
the commission, including the full-time equivalent employee | ||
positions that are associated with the Health and Human Services | ||
Commission's administrative support of those transferring services | ||
and programs; | ||
(3) measures to ensure that unnecessary disruption to | ||
the provision of transferred services and programs does not occur; | ||
(4) a strategy for integrating the department's | ||
vocational rehabilitation staff into the commission's local | ||
workforce development boards and centers as required by Section | ||
351.004; | ||
(5) a strategy for integrating vocational | ||
rehabilitation programs for individuals with visual impairments | ||
and for individuals with other disabilities as required by Section | ||
352.101; | ||
(6) a schedule for implementing the transfer of the | ||
services and programs; and | ||
(7) a strategy for exchanging data with other state | ||
agencies that refer clients for vocational rehabilitation | ||
services. | ||
(b) In developing the transition plan, the executive | ||
director, the commissioner of assistive and rehabilitative | ||
services, and the executive commissioner shall, before submitting | ||
the plan to the Legislative Oversight Committee and the governor as | ||
required by Subsection (d): | ||
(1) hold public hearings in various geographic areas | ||
in this state regarding the plan; and | ||
(2) solicit and consider input from appropriate | ||
stakeholders. | ||
(c) To the extent allowed by federal law, public hearings | ||
under Subsection (b) may be combined with other public hearings | ||
required under federal law in relation to the adoption of a state | ||
plan for vocational rehabilitation services. | ||
(d) As soon as practicable after September 1, 2015, but not | ||
later than March 1, 2016, the executive director, the commissioner | ||
of assistive and rehabilitative services, and the executive | ||
commissioner shall submit the transition plan to the Legislative | ||
Oversight Committee and the governor. The Legislative Oversight | ||
Committee shall comment on and make recommendations regarding any | ||
concerns or adjustments to the transition plan the committee | ||
determines appropriate. The executive director, the commissioner | ||
of assistive and rehabilitative services, and the executive | ||
commissioner may not finalize the transition plan until the | ||
comments and recommendations of the committee regarding the | ||
transition plan have been reviewed and considered. | ||
(e) The department, commission, and Health and Human | ||
Services Commission shall post on the agencies' respective Internet | ||
websites: | ||
(1) the transition plan developed under this section; | ||
(2) any adjustments to the transition plan recommended | ||
by the Legislative Oversight Committee; | ||
(3) a statement regarding whether the recommended | ||
adjustments were adopted or otherwise incorporated; and | ||
(4) if a recommended adjustment was not adopted, the | ||
justification for not adopting the adjustment. | ||
(f) This section expires September 1, 2019. | ||
(b) Not later than October 1, 2015: | ||
(1) the lieutenant governor, the speaker of the house | ||
of representatives, and the governor shall make the appointments to | ||
the Legislative Oversight Committee as required by Section | ||
351.0021, Labor Code, as added by this section; and | ||
(2) the lieutenant governor and the speaker of the | ||
house of representatives shall each designate a presiding co-chair | ||
of the Legislative Oversight Committee in accordance with Section | ||
351.0021, Labor Code, as added by this section. | ||
(c) This section takes effect only if S.B. No. 200, 84th | ||
Legislature, Regular Session, 2015, or similar legislation of the | ||
84th Legislature, Regular Session, 2015: | ||
(1) does not become law; or | ||
(2) is enacted and becomes law, but does not provide | ||
for the establishment of a Health and Human Services Transition | ||
Legislative Oversight Committee to facilitate the consolidation of | ||
the health and human services system in this state. | ||
SECTION 27. (a) Section 531.0203, Government Code, as | ||
added by S.B. No. 200, 84th Legislature, Regular Session, 2015, is | ||
amended by adding Subsection (d-1) to read as follows: | ||
(d-1) The commissioner of assistive and rehabilitative | ||
services and the executive director of the Texas Workforce | ||
Commission serve as ex officio, nonvoting members of the committee | ||
in addition to the executive commissioner. This subsection expires | ||
August 31, 2019. | ||
(b) Chapter 351, Labor Code, as added by this Act, is | ||
amended by adding Sections 351.0021 and 351.0022 to read as | ||
follows: | ||
Sec. 351.0021. ADDITIONAL DUTIES OF HEALTH AND HUMAN | ||
SERVICES TRANSITION LEGISLATIVE OVERSIGHT COMMITTEE. (a) In this | ||
section, "committee" means the Health and Human Services Transition | ||
Legislative Oversight Committee established under Section | ||
531.0203, Government Code. | ||
(b) In addition to the requirements of Section 531.0203(h), | ||
Government Code, the committee shall: | ||
(1) facilitate the transfer of vocational | ||
rehabilitation services and other services and programs under this | ||
subtitle with, to the greatest degree possible, no negative effect | ||
on the delivery of services to clients; and | ||
(2) advise the executive director, the commissioner of | ||
assistive and rehabilitative services, and the executive | ||
commissioner concerning: | ||
(A) the services and programs to be transferred | ||
under this subtitle and the funds and obligations that are related | ||
to the services and programs; and | ||
(B) the transfer of the services and programs and | ||
related records, property, funds, and obligations from the | ||
department to the commission as provided by this subtitle. | ||
(c) In addition to the requirements for the report specified | ||
by Section 531.0203(j), Government Code, the committee shall | ||
include in the report under that subsection an update on the | ||
progress of and issues related to the transfer of vocational | ||
rehabilitation services and other services and programs under this | ||
subtitle from the department to the commission, including the need | ||
for any additional statutory changes required to complete the | ||
transfer of services and programs to the commission in accordance | ||
with this subtitle. | ||
(d) This section expires September 1, 2019. | ||
Sec. 351.0022. TRANSITION PLAN. (a) In addition to the | ||
requirements under Section 531.0204, Government Code, the | ||
executive commissioner shall work with the executive director and | ||
the commissioner of assistive and rehabilitative services to ensure | ||
the transition plan under that section includes a plan for the | ||
transfer of vocational rehabilitation services and other services | ||
and programs from the department to the commission that ensures the | ||
transfer is accomplished in a careful and deliberative manner. | ||
Specifically, the transition plan must include: | ||
(1) the specific steps and methods for the transfer or | ||
disposition of all obligations, rights, contracts, leases, | ||
records, property, and funds, including unexpended and unobligated | ||
appropriations, relating to the services and programs transferred | ||
from the department to the commission under this subtitle, | ||
including the plans for leased office or building space and the | ||
transition of data and information technology systems supporting | ||
the services and programs; | ||
(2) the identification of all full-time equivalent | ||
employee positions that are associated with the department's | ||
administration of the services and programs to be transferred to | ||
the commission, including the full-time equivalent employee | ||
positions that are associated with the Health and Human Services | ||
Commission's administrative support of those transferring services | ||
and programs; | ||
(3) measures to ensure that unnecessary disruption to | ||
the provision of transferred services and programs does not occur; | ||
(4) a strategy for integrating the department's | ||
vocational rehabilitation staff into the commission's local | ||
workforce development boards and centers as required by Section | ||
351.004; | ||
(5) a strategy for integrating vocational | ||
rehabilitation programs for individuals with visual impairments | ||
and for individuals with other disabilities as required by Section | ||
352.101; | ||
(6) a schedule for implementing the transfer of the | ||
services and programs; and | ||
(7) a strategy for exchanging data with other state | ||
agencies that refer clients for vocational rehabilitation | ||
services. | ||
(b) To the extent allowed by federal law, public hearings | ||
held under Section 531.0204(c), Government Code, if appropriate, | ||
may be combined with other public hearings required under federal | ||
law in relation to the adoption of a state plan for vocational | ||
rehabilitation services. | ||
(c) The plan for the transfer of vocational rehabilitation | ||
services and other services and programs required by this section | ||
must be included as part of the transition plan submitted to the | ||
Health and Human Services Transition Legislative Oversight | ||
Committee, the governor, and the Legislative Budget Board under | ||
Section 531.0204(e), Government Code, by the date prescribed by | ||
that subsection. In addition, the plan must be separately | ||
submitted to that committee and the governor as soon as practicable | ||
after September 1, 2015. The committee shall comment on the plan in | ||
conjunction with making comments on the transition plan as required | ||
by Section 531.0204(e), Government Code. | ||
(d) If in making comments and recommendations on the | ||
transition plan under Section 531.0204(e), Government Code, the | ||
Health and Human Services Transition Legislative Oversight | ||
Committee has comments, concerns, or recommendations regarding the | ||
elements of the plan required by this section, the committee shall | ||
provide those comments, concerns, and recommendations to the | ||
executive director and the commissioner of assistive and | ||
rehabilitative services in addition to the executive commissioner. | ||
The executive director, the commissioner of assistive and | ||
rehabilitative services, and the executive commissioner may not | ||
finalize the plan required by this section until the comments, | ||
concerns, and recommendations of the committee specifically | ||
regarding that plan have been reviewed and considered. | ||
(e) This section expires September 1, 2019. | ||
(c) Not later than October 1, 2015, the lieutenant governor, | ||
the speaker of the house of representatives, and the governor shall | ||
make the additional appointments to the Health and Human Services | ||
Transition Legislative Oversight Committee required by Section | ||
531.0203(d-1), Government Code, as added by this section. | ||
(d) This section takes effect only if S.B. No. 200, 84th | ||
Legislature, Regular Session, 2015: | ||
(1) is enacted and becomes law; and | ||
(2) provides for the establishment of a Health and | ||
Human Services Transition Legislative Oversight Committee to | ||
facilitate the consolidation of the health and human services | ||
system in this state. | ||
SECTION 28. Chapter 94, Human Resources Code, as amended by | ||
S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015, | ||
is transferred to Subtitle C, Title 4, Labor Code, as added by this | ||
Act, redesignated as Chapter 355, Labor Code, and amended to read as | ||
follows: | ||
CHAPTER 355 [ |
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Sec. 355.001 [ |
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(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. | ||
[ |
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(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 | ||
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" means a physical or mental condition | ||
that the commission [ |
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substantial vocational disadvantage. | ||
Sec. 355.002 [ |
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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 commission [ |
||
authorized to do so by an agency granted a permit to arrange for | ||
vending facilities. | ||
(b) Subsection (a) does not apply to a building in which the | ||
Texas Facilities Commission leases space to a private tenant under | ||
Subchapter E, Chapter 2165, Government Code. | ||
Sec. 355.003 [ |
||
own initiative or at the request of an agency that controls state | ||
property, the commission [ |
||
blueprints and other available information concerning the | ||
property, to determine whether the installation of a vending | ||
facility is feasible and consonant with the commission's | ||
[ |
||
(b) If the installation of the facility is feasible, the | ||
commission [ |
||
operate a facility to be installed by the commission [ |
||
or install a facility to be operated by a person with a disability | ||
who is not blind according to rules and procedures adopted by the | ||
commission [ |
||
Sec. 355.004 [ |
||
(a) With the concurrence of the agency in charge of state | ||
property, the commission [ |
||
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 commission | ||
[ |
||
Sec. 355.005 [ |
||
(a) The commission [ |
||
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 commission | ||
[ |
||
psychological, and personal traits and abilities required to | ||
operate a vending facility in a satisfactory manner. | ||
(c) The commission [ |
||
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 commission [ |
||
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. 355.006 [ |
||
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 commission [ |
||
or permit prior to its expiration and shall issue a new or different | ||
license or permit as the circumstances warrant. | ||
(c) The commission [ |
||
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 | ||
commission's [ |
||
constitutes grounds for the automatic revocation of the person's | ||
license. | ||
(e) The commission [ |
||
substantive and procedural rules governing the revocation of | ||
licenses. | ||
Sec. 355.007 [ |
||
CERTAIN PERSONS WHO ARE NOT BLIND. If the commission [ |
||
determines that a blind person could not properly operate a vending | ||
facility at a particular location, the commission [ |
||
survey the property to determine whether a person with a disability | ||
that is not of a visual nature could operate the facility in a | ||
proper manner. | ||
Sec. 355.008 [ |
||
PROHIBITED. Neither a vending facility operated by an individual | ||
with a disability, nor a vending facility location surveyed by the | ||
commission [ |
||
of state property from one agency to another, the alteration of a | ||
state building, or the reorganization of a state agency unless the | ||
commission [ |
||
Sec. 355.009 [ |
||
an individual licensed to operate a vending facility on state | ||
property requires an assistant, a qualified person with a | ||
disability of a visual nature must be given preference for | ||
employment. If the commission [ |
||
person with a disability of a visual nature could not perform the | ||
labor for which an assistant is required, or if a person with a | ||
disability of a visual nature is not available, a person with a | ||
disability that is not of a visual nature must be given preference | ||
for employment. [ |
||
|
||
|
||
(b) An assistant employed by a blind person licensed by the | ||
commission [ |
||
[ |
||
comply with this section constitutes grounds for the revocation of | ||
the person's [ |
||
Sec. 355.010 [ |
||
(a) If the commission [ |
||
installation and operation of an additional vending facility or | ||
vending machine on property that already has a commission-sponsored | ||
[ |
||
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 commission | ||
[ |
||
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 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 in a building in which vending machines are installed, | ||
the commission [ |
||
vending machines among the operators with disabilities in a manner | ||
that will achieve equity and equality in the incomes of those | ||
operators. If the commission [ |
||
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. 355.011 [ |
||
STOCK. (a) The commission [ |
||
facility operator with equipment and initial stock necessary for | ||
the operator to begin business. | ||
(b) The commission [ |
||
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 commission | ||
[ |
||
(c) Except for purchasing and installing original | ||
equipment, the operation of commission-sponsored | ||
[ |
||
self-supporting and self-sustaining as possible. To achieve this | ||
end, the commission [ |
||
when necessary, revise its schedules for collecting and setting | ||
aside money from the proceeds of its vending facilities. | ||
Sec. 355.012 [ |
||
(a) The commission [ |
||
and [ |
||
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 commission's [ |
||
(c) The agency in charge of state property shall cooperate | ||
with the commission [ |
||
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. 355.013 [ |
||
[ |
||
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. 355.014 [ |
||
(a) This chapter shall be construed in a manner consistent with | ||
the requirements of federal programs that provide financial | ||
assistance to the commission [ |
||
(b) If a provision of this chapter conflicts with a federal | ||
program requirement, the commission [ |
||
modify the provision to the extent necessary to secure the full | ||
benefits of the federal program. | ||
Sec. 355.015 [ |
||
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 commission [ |
||
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, if | ||
the vending facilities are operated without profit for the benefit | ||
of the patients at the institution. | ||
(c) This chapter does not prohibit the commission | ||
[ |
||
types of vending facilities or business enterprises, and the | ||
chapter does not prohibit the installation of automated vending | ||
facilities serviced by blind persons. | ||
Sec. 355.016 [ |
||
(a) The commission [ |
||
Business Enterprises Program in accordance with the provisions of | ||
the Randolph-Sheppard Act (20 U.S.C. Section 107 et seq.). | ||
(b) The commission [ |
||
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. 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 commission [ |
||
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 commission | ||
[ |
||
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 29. Section 301.0015, Property Code, is amended to | ||
read as follows: | ||
Sec. 301.0015. TEXAS WORKFORCE COMMISSION [ |
||
|
||
Human Rights under this chapter are transferred to the Texas | ||
Workforce Commission [ |
||
chapter to the "commission" means the Texas Workforce Commission | ||
[ |
||
SECTION 30. The following provisions, including provisions | ||
amended by, or redesignated and amended by, S.B. No. 219, Acts of | ||
the 84th Legislature, Regular Session, 2015, are repealed: | ||
(1) Subchapter F, Chapter 419, Government Code; | ||
(2) Section 91.016(e), Human Resources Code; | ||
(3) Section 111.016, Human Resources Code; | ||
(4) Section 111.061, Human Resources Code; | ||
(5) Section 117.058, Human Resources Code; | ||
(6) Subchapters E and F, Chapter 117, Human Resources | ||
Code; and | ||
(7) Sections 301.151(3) and 301.152, Labor Code. | ||
SECTION 31. (a) Except as provided by Subsection (b) of | ||
this section, 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) Not later than September 1, 2017, the Texas Workforce | ||
Commission shall adopt all rules, policies, and procedures required | ||
by Subtitle C, Title 4, Labor Code, as added by this Act. | ||
(c) 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 32. 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 33. (a) On September 1, 2016, subject to receipt | ||
of federal approval, if required, for the Texas Workforce | ||
Commission to administer vocational rehabilitation services and | ||
other services and programs under Subtitle C, Title 4, Labor Code, | ||
as added by this Act: | ||
(1) those 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 | ||
and other money 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) After 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 by 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) After 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) After 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 34. (a) As soon as practicable after the effective | ||
date of this Act, the Texas Workforce Commission and the Health and | ||
Human Services Commission, in consultation with the Texas | ||
Facilities Commission, shall develop a plan for leased office or | ||
building space where staff that will be affected by the transfer of | ||
the administration of services and programs to the Texas Workforce | ||
Commission under this Act are located. The plan developed under | ||
this section must: | ||
(1) identify all leased office or building space where | ||
staff that will be affected by the transfers are located or | ||
co-located; | ||
(2) identify the term and costs of each existing | ||
lease; | ||
(3) identify the feasibility of canceling a lease or | ||
consolidating office or building space based on the factors set out | ||
in state law, including the General Appropriations Act; | ||
(4) identify the location of each leased office or | ||
building space and its proximity to relevant client populations; | ||
and | ||
(5) include a recommendation for either the | ||
cancellation or continued use of each leased office or building | ||
space based on the best values for the state. | ||
(b) The plan for leased office or building space required by | ||
Subsection (a) of this section must be included in the transition | ||
plan as specified by Section 351.0022, Labor Code, as added by this | ||
Act. | ||
SECTION 35. (a) As soon as practicable after the effective | ||
date of this Act, but not later than October 1, 2015, the Health and | ||
Human Services Commission, the Department of Assistive and | ||
Rehabilitative Services, and the Texas Workforce Commission shall | ||
complete the development of a plan for transitioning data and | ||
information technology systems that support the administration of | ||
services and programs under Subtitle C, Title 4, Labor Code, as | ||
added by this Act, from the Department of Assistive and | ||
Rehabilitative Services and the Health and Human Services | ||
Commission to the Texas Workforce Commission. The Legislature | ||
finds that planning for the timely and successful transition of | ||
data and information technology systems is essential to the | ||
administration of these services and programs. | ||
(b) The plan developed under this section must: | ||
(1) identify the purpose or need for each of the data | ||
and information technology systems; | ||
(2) identify how the data and information technology | ||
systems will be used; | ||
(3) identify the date the data and information | ||
technology system will be shared with the Texas Workforce | ||
Commission; | ||
(4) identify the persons or classes of persons at each | ||
agency who require access to information to implement the plan; | ||
(5) require the appropriate privacy and security | ||
controls for access; | ||
(6) limit the disclosure of personal information to | ||
the minimum amount necessary to accomplish the purpose of the plan; | ||
and | ||
(7) to the extent federal approval is required to | ||
implement any part of the plan, require the agencies to obtain the | ||
required federal approvals before implementing that part of the | ||
plan. | ||
(c) Notwithstanding any other law, not later than October 1, | ||
2015, the agencies shall share information as needed to implement | ||
the plan developed under this section, subject to the plan's | ||
requirements and execution of all agreements necessary to ensure | ||
the privacy, security, and confidentiality of the information. | ||
(d) The agencies shall coordinate activities under the plan | ||
as needed to reflect any changes in circumstances or direction. | ||
(e) The plan for transitioning data and information | ||
technology systems that support the administration of services and | ||
programs under Subtitle C, Title 4, Labor Code, as added by this | ||
Act, required by Subsection (a) of this section must be included in | ||
the transition plan as specified by Section 351.0022, Labor Code, | ||
as added by this Act. | ||
SECTION 36. The Department of Assistive and Rehabilitative | ||
Services and the Texas Workforce Commission shall actively seek any | ||
required federal approval to transfer the administration of | ||
services and programs under Subtitle C, Title 4, Labor Code, as | ||
added by this Act, from the department to the commission on | ||
September 1, 2016. | ||
SECTION 37. Except as otherwise provided by this Act, this | ||
Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 208 passed the Senate on | ||
May 11, 2015, by the following vote: Yeas 25, Nays 6; and that the | ||
Senate concurred in House amendments on May 29, 2015, by the | ||
following vote: Yeas 28, Nays 3. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 208 passed the House, with | ||
amendments, on May 26, 2015, by the following vote: Yeas 145, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |