Bill Text: TX HB3294 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the continuation and functions of the Texas Workforce Commission.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-09 - Left pending in committee [HB3294 Detail]
Download: Texas-2015-HB3294-Introduced.html
84R5733 LED/KKR-D | ||
By: Burkett | H.B. No. 3294 |
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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. Sections 132.201(a), (d), (e), and (f), | ||
Education Code, are amended to read as follows: | ||
(a) Certificate and registration fees, except those charged | ||
pursuant to Subsection (d), shall be collected by the commission. | ||
The commission by rule shall determine the amount of each fee. | ||
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(d) In connection with the regulation of any career school | ||
or college or program through a memorandum of understanding | ||
pursuant to Section 132.002(c), the commission by rule shall set an | ||
application and annual renewal fee in [ |
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administrative costs associated with assuming the additional | ||
regulation. | ||
(e) The commission by rule shall determine the amount of a | ||
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resolve a complaint filed against the school or college [ |
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The fee may be charged only if: | ||
(1) the complaint could not have been resolved by | ||
telephone or written correspondence only; | ||
(2) a representative of the commission visits the | ||
school or college as a part of the complaint resolution process; and | ||
(3) the school or college is found to be at fault. | ||
(f) The commission may allow payment of any fee authorized | ||
under this section or under Section 132.2415 that exceeds $1,000 to | ||
be paid by installment. The commission shall provide for | ||
appropriate interest charges and late penalties in addition to any | ||
other remedy that is provided for by law for the late payment of a | ||
fee installment authorized under this section. The commission may | ||
assess a reasonable service charge or interest to be paid by a | ||
career school or college that pays a fee by installment [ |
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SECTION 3. Section 1001.104, Education Code, is amended to | ||
read as follows: | ||
Sec. 1001.104. HOSPITAL AND REHABILITATION FACILITIES. (a) | ||
The agency shall enter into a memorandum of understanding with the | ||
state agency responsible for administering the vocational | ||
rehabilitation program under Title 7-A, Human Resources Code, | ||
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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 Title 7-A, Human | ||
Resources Code [ |
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department. | ||
SECTION 4. Section 411.117, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.117. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES | ||
AND TEXAS WORKFORCE COMMISSION. (a) The Department of Assistive | ||
and Rehabilitative Services is entitled to obtain from the | ||
department criminal history record information maintained by the | ||
department that relates to a person who is: | ||
(1) an applicant for services of the Department of | ||
Assistive and Rehabilitative Services; | ||
(2) a client of the Department of Assistive and | ||
Rehabilitative Services; or | ||
(3) an applicant for employment whose potential duties | ||
include direct contact with clients of the Department of Assistive | ||
and Rehabilitative Services. | ||
(b) If the Texas Workforce Commission receives federal | ||
approval to administer vocational rehabilitation services and | ||
other services and programs under Title 7-A, Human Resources Code, | ||
the commission is entitled to obtain from the department criminal | ||
history record information maintained by the department that | ||
relates to a person who is: | ||
(1) an applicant selected for employment with the | ||
commission whose potential duties include direct contact with | ||
clients to provide vocational rehabilitation services; | ||
(2) an applicant for vocational rehabilitation | ||
services from the commission; or | ||
(3) a client receiving vocational rehabilitation | ||
services under Chapter 119, Human Resources Code. | ||
SECTION 5. Section 2308.3155(b), Government Code, is | ||
amended to read as follows: | ||
(b) The commission shall adopt rules to administer the Texas | ||
Rising Star Program, including: | ||
(1) guidelines for rating a child-care provider who | ||
provides child care to a child younger than 13 years of age, | ||
including infants and toddlers, enrolled in the subsidized program; | ||
and | ||
(2) a timeline and process for regularly reviewing and | ||
updating the quality standards used to determine the rating system | ||
that includes the commission's consideration of input from | ||
interested parties regarding those standards. | ||
SECTION 6. The heading to Subchapter C, Chapter 91, Human | ||
Resources Code, is amended to read as follows: | ||
SUBCHAPTER C. GENERAL POWERS AND DUTIES [ |
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SECTION 7. Subchapter C, Chapter 91, Human Resources Code, | ||
is amended by adding Section 91.0211 to read as follows: | ||
Sec. 91.0211. SERVICE DELIVERY BY TEXAS WORKFORCE | ||
COMMISSION. If the Texas Workforce Commission receives federal | ||
approval to administer vocational rehabilitation services and | ||
other services and programs under Title 7-A: | ||
(1) the Texas Workforce Commission has primary | ||
responsibility for providing those services and programs, | ||
notwithstanding Section 91.021(a); and | ||
(2) a power or duty under this chapter, including | ||
rulemaking authority, of the Department of Assistive and | ||
Rehabilitative Services, the commissioner of assistive and | ||
rehabilitative services, or the executive commissioner of the | ||
Health and Human Services Commission that is applicable to those | ||
services or programs is a power or duty of the Texas Workforce | ||
Commission with respect to those services or programs. | ||
SECTION 8. Subchapter C, Chapter 111, Human Resources Code, | ||
is amended by adding Section 111.0511 to read as follows: | ||
Sec. 111.0511. SERVICE DELIVERY BY TEXAS WORKFORCE | ||
COMMISSION. If the Texas Workforce Commission receives federal | ||
approval to administer vocational rehabilitation services and | ||
other services and programs under Title 7-A: | ||
(1) the Texas Workforce Commission has primary | ||
responsibility for providing those services and programs, | ||
notwithstanding Section 111.051; | ||
(2) a power or duty under this chapter, including | ||
rulemaking authority, of the Department of Assistive and | ||
Rehabilitative Services, the commissioner of assistive and | ||
rehabilitative services, or the executive commissioner of the | ||
Health and Human Services Commission that is applicable to those | ||
services or programs is a power or duty of the Texas Workforce | ||
Commission with respect to those services or programs; and | ||
(3) all other state agencies engaged in vocational | ||
rehabilitation services or related services or programs shall | ||
coordinate those activities with the Texas Workforce Commission. | ||
SECTION 9. Subchapter D, Chapter 117, Human Resources Code, | ||
is amended by adding Section 117.0711 to read as follows: | ||
Sec. 117.0711. SERVICE DELIVERY BY TEXAS WORKFORCE | ||
COMMISSION. If the Texas Workforce Commission receives federal | ||
approval to administer vocational rehabilitation services and | ||
other services and programs under Title 7-A: | ||
(1) the Texas Workforce Commission has primary | ||
responsibility for providing those services and programs, | ||
notwithstanding Section 117.071; and | ||
(2) a power or duty under this chapter, including | ||
rulemaking authority, of the department, the commissioner, or the | ||
executive commissioner that is applicable to those services or | ||
programs is a power or duty of the Texas Workforce Commission with | ||
respect to those services or programs. | ||
SECTION 10. The Human Resources Code is amended by adding | ||
Title 7-A to read as follows: | ||
TITLE 7-A. VOCATIONAL REHABILITATION AND CERTAIN OTHER SERVICES | ||
FOR PERSONS WITH DISABILITIES | ||
CHAPTER 118. GENERAL PROVISIONS; RESPONSIBILITY FOR | ||
ADMINISTRATION OF SERVICES | ||
Sec. 118.001. DEFINITIONS. In this title: | ||
(1) "Commission" means the Texas Workforce | ||
Commission. | ||
(2) "Department" means the Department of Assistive and | ||
Rehabilitative Services. | ||
(3) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(4) "Executive director" means the executive director | ||
of the Texas Workforce Commission. | ||
Sec. 118.002. RESPONSIBILITY FOR ADMINISTRATION OF | ||
SERVICES. (a) The department shall administer the services and | ||
programs under this title until: | ||
(1) the department or commission receives federal | ||
approval under Subsection (b) to transfer the administration of the | ||
services and programs to the commission; and | ||
(2) the commission publishes in the Texas Register: | ||
(A) that the department or commission received | ||
federal approval to transfer the administration of the services and | ||
programs to the commission; and | ||
(B) the date on which the transfer of the | ||
administration of the services and programs to the commission will | ||
occur. | ||
(b) The department or commission, as appropriate, shall | ||
seek federal approval under this section to: | ||
(1) transfer to the commission not later than | ||
September 1, 2016, administration of the services and programs | ||
under this title that the department operates under the federal | ||
Rehabilitation Act of 1973 (29 U.S.C. Sections 720 through 751), | ||
including: | ||
(A) the vocational rehabilitation program for | ||
individuals with visual impairments; | ||
(B) the vocational rehabilitation program for | ||
individuals with other disabilities; | ||
(C) the federal Social Security Disability | ||
Determination program; and | ||
(D) the program for vending facilities operated | ||
by blind persons under Chapter 120; and | ||
(2) designate the commission as the state unit under | ||
29 U.S.C. Section 721 that is responsible for administering the | ||
state's vocational rehabilitation program. | ||
(c) On the date the services and programs described by | ||
Subsection (b)(1) transfer to the commission, the Rehabilitation | ||
Council of Texas transfers to the commission. | ||
(d) This section expires September 1, 2019. | ||
Sec. 118.003. INTEGRATION OF VOCATIONAL REHABILITATION | ||
PROGRAMS; PROGRAM STAFF. (a) Subject to receiving federal | ||
approval under Section 118.002 for the commission to administer the | ||
services and programs under this title and not later than August 31, | ||
2018, the commission shall integrate the vocational rehabilitation | ||
staff from department offices into the commission's local workforce | ||
development boards and centers. | ||
(b) This section expires September 1, 2019. | ||
Sec. 118.004. REFERENCES IN LAW MEANING TEXAS WORKFORCE | ||
COMMISSION OR ITS EXECUTIVE DIRECTOR. If the administration of | ||
this title is transferred from the department to the commission, a | ||
reference to the commissioner of assistive and rehabilitative | ||
services, the department, or the executive commissioner means the | ||
commission or executive director, as applicable. | ||
CHAPTER 119. VOCATIONAL REHABILITATION SERVICES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 119.001. DEFINITIONS. In this chapter: | ||
(1) "Direct services" means services provided to a | ||
client by a department employee, including counseling, | ||
facilitating the purchase of services from a source other than the | ||
department, and purchasing equipment and other items and providing | ||
other services necessary for the client to successfully complete a | ||
department program. | ||
(2) "Direct services program" means a program operated | ||
by the department through which direct services are provided. | ||
(3) "Individual with a disability" means an individual | ||
who has a physical impairment, including a visual impairment, or | ||
mental impairment that constitutes a substantial impediment to | ||
employment, but that is of a nature that rehabilitation services | ||
may be expected to enable the individual to engage in a gainful | ||
occupation. | ||
(4) "Maintenance" means money payments not exceeding | ||
the estimated cost of subsistence during vocational | ||
rehabilitation. | ||
(5) "Occupational license" means a license, permit, or | ||
other written authorization required by a governmental entity as a | ||
condition for engaging in an occupation. | ||
(6) "Physical restoration" means medical, surgical, | ||
or therapeutic treatment necessary to correct or substantially | ||
reduce a substantial impediment to employment of an individual with | ||
a disability within a reasonable period of time. The term includes | ||
medical, surgical, dental, and psychiatric treatment, nursing | ||
services, hospital care, convalescent home care, drugs, medical and | ||
surgical supplies, and prosthetic appliances. The term excludes | ||
treatment to cure acute or transitory conditions. | ||
(7) "Prosthetic appliance" means an artificial device | ||
necessary to support or replace a part of the body or to increase | ||
the acuity of a sensory organ. | ||
(8) "Rehabilitation training" means all necessary | ||
training provided to an individual with a disability to compensate | ||
for a substantial impediment to employment. The term includes | ||
manual, preconditioning, prevocational, vocational, and | ||
supplementary training and training to achieve broader and more | ||
lucrative skills and capacities. | ||
(9) "Substantial impediment to employment" means a | ||
physical or mental condition that obstructs or impairs, or if not | ||
corrected will probably obstruct or impair, an individual's | ||
performance in an occupation. | ||
(10) "Vocational rehabilitation" or "vocational | ||
rehabilitation services" means services that are provided directly | ||
by the department or through a public or private agency and that the | ||
department determines are necessary to compensate an individual | ||
with a disability for a substantial impediment to employment so | ||
that the individual may engage in a remunerative occupation. The | ||
terms include: | ||
(A) medical and vocational diagnosis; | ||
(B) vocational guidance, counseling, and | ||
placement; | ||
(C) rehabilitation training; | ||
(D) physical restoration; | ||
(E) transportation; | ||
(F) occupational licenses; | ||
(G) customary occupational tools and equipment; | ||
(H) maintenance; | ||
(I) training books and materials; and | ||
(J) other goods and services for which the | ||
department receives financial support under federal law. | ||
Sec. 119.002. PURPOSE. It is the policy of this state to | ||
provide vocational rehabilitation services to eligible individuals | ||
with disabilities so that those individuals may prepare for and | ||
engage in a gainful occupation. | ||
Sec. 119.003. REHABILITATION COUNCIL OF TEXAS. (a) The | ||
Rehabilitation Council of Texas operates in accordance with the | ||
federal Rehabilitation Act Amendments of 1992, Pub. L. No. 102-569, | ||
and the federal Rehabilitation Act Amendments of 1998, Pub. L. No. | ||
105-220. | ||
(b) The Rehabilitation Council of Texas shall report to and | ||
advise the department on the council's activities and the results | ||
of the council's work. For the purpose of performing its advisory | ||
functions, the council shall work with the department, the | ||
commissioner of assistive and rehabilitative services, and other | ||
department staff. | ||
(c) The executive commissioner shall adopt rules for the | ||
administration of the council. | ||
Sec. 119.004. RECEIPT AND DISBURSEMENT OF STATE AND FEDERAL | ||
FUNDS. (a) The comptroller is custodian of federal funds received | ||
by the state to implement federal law relating to vocational | ||
rehabilitation. | ||
(b) The executive commissioner shall certify for | ||
disbursement funds available for the vocational rehabilitation | ||
program in accordance with regulations. | ||
(c) The comptroller shall disburse state and federal | ||
vocational rehabilitation funds on certification by the executive | ||
commissioner. | ||
Sec. 119.005. GIFTS, DONATIONS, AND OTHER MONEY. (a) The | ||
department shall deposit all money paid to the department under | ||
this chapter in the state treasury. The money may be used only for | ||
the administration of this chapter. | ||
(b) The department may receive and use gifts and donations | ||
for carrying out the purposes of this chapter. A person may not | ||
receive payment for solicitation of any funds. | ||
Sec. 119.006. MISUSE OF INFORMATION. Except for purposes | ||
directly connected with the administration of the vocational | ||
rehabilitation program and according to department rules, no person | ||
may solicit, disclose, receive, use, or knowingly permit the use of | ||
records or other information concerning an applicant for or | ||
recipient of vocational rehabilitation services that is directly or | ||
indirectly acquired by an officer or employee of the state or its | ||
political subdivisions in the course of the person's official | ||
duties. | ||
Sec. 119.007. CRIMINAL HISTORY RECORD INFORMATION. (a) | ||
The department may obtain criminal history record information from | ||
the Texas Department of Criminal Justice and the Texas Department | ||
of Public Safety if the criminal history records relate to: | ||
(1) an applicant selected for employment with the | ||
department whose potential duties include direct contact with | ||
clients to provide vocational rehabilitation services; | ||
(2) an applicant for vocational rehabilitation | ||
services from the department; or | ||
(3) a client receiving vocational rehabilitation | ||
services under this chapter. | ||
(b) The Texas Department of Criminal Justice and the Texas | ||
Department of Public Safety on request shall supply to the | ||
department criminal history record information relating to | ||
applicants selected for employment with the department whose | ||
potential duties include direct contact with clients to provide | ||
vocational rehabilitation services, applicants for vocational | ||
rehabilitation services from the department, or vocational | ||
rehabilitation clients of the department. The department shall | ||
treat all criminal history record information as privileged and | ||
confidential and for department use only. | ||
(c) The executive commissioner by rule shall establish | ||
criteria for denying a person's application for employment with the | ||
department to provide vocational rehabilitation services based on | ||
criminal history record information obtained as authorized by this | ||
section. | ||
Sec. 119.008. HEARINGS. An applicant for or recipient of | ||
vocational rehabilitation services who is aggrieved by an action or | ||
inaction under this chapter is entitled to a hearing by the | ||
department in accordance with law. | ||
SUBCHAPTER B. GENERAL POWERS AND DUTIES | ||
Sec. 119.051. VOCATIONAL REHABILITATION PROGRAM FOR | ||
INDIVIDUALS WITH DISABILITIES. (a) The department shall conduct a | ||
program to provide vocational rehabilitation services to eligible | ||
individuals with disabilities. | ||
(b) To achieve the purposes of the program, the department | ||
may: | ||
(1) cooperate with other public and private agencies | ||
in studying the problems involved in providing vocational | ||
rehabilitation and in establishing, developing, and providing | ||
necessary or desirable facilities and services; | ||
(2) enter into reciprocal agreements with other states | ||
to provide vocational rehabilitation for the residents of the | ||
states concerned; and | ||
(3) conduct research and compile statistics relating | ||
to the vocational rehabilitation of individuals with disabilities. | ||
Sec. 119.052. COOPERATION WITH FEDERAL GOVERNMENT; | ||
OBTAINING FEDERAL FUNDS. (a) The department shall cooperate with | ||
the federal government to accomplish the purposes of federal laws | ||
relating to vocational rehabilitation for individuals with | ||
disabilities and closely related activities. | ||
(b) The department shall negotiate agreements or plans with | ||
the federal government and shall use efficient methods of | ||
administration and comply with other conditions required to secure | ||
the full benefits of the federal laws. If the department determines | ||
that a provision of state law precludes conformity with a federal | ||
requirement and limits federal financial support, the department | ||
may waive or modify the state law to the extent necessary to obtain | ||
the full benefits of the federal law. | ||
(c) The department may comply with any requirements | ||
necessary to obtain federal funds to be used for vocational | ||
rehabilitation services in the maximum amount and most advantageous | ||
proportion possible. | ||
Sec. 119.053. CONTRACTS FOR SERVICE. (a) The department | ||
shall include in its contracts with service providers under this | ||
chapter provisions relating to: | ||
(1) clearly defined and measurable program | ||
performance standards that directly relate to the service provided; | ||
(2) clearly defined penalties for nonperformance of a | ||
contract term; and | ||
(3) clearly specified accounting, reporting, and | ||
auditing requirements applicable to money received under the | ||
contract. | ||
(b) The department shall monitor a service provider's | ||
performance under a contract for service under this chapter. In | ||
monitoring performance, the department shall: | ||
(1) use a risk-assessment methodology to institute | ||
statewide monitoring of contract compliance of service providers; | ||
and | ||
(2) evaluate service providers based on clearly | ||
defined and measurable program performance objectives. | ||
Sec. 119.054. RATES FOR MEDICAL SERVICES. (a) The | ||
executive commissioner by rule shall adopt standards governing the | ||
determination of rates paid for medical services provided under | ||
this chapter. The rules must provide for an annual reevaluation of | ||
the rates. | ||
(b) The executive commissioner shall establish a schedule | ||
of rates based on the standards adopted under Subsection (a). In | ||
adopting the rate schedule, the executive commissioner shall: | ||
(1) compare the proposed rate schedule to other | ||
cost-based and resource-based rates for medical services, | ||
including rates paid under the Medicaid and Medicare programs; and | ||
(2) for any rate adopted that exceeds the Medicaid or | ||
Medicare rate for the same or a similar service, document the | ||
reasons why the adopted rate reflects consideration of the best | ||
value, provider availability, and consumer choice. | ||
(c) The executive commissioner shall provide notice to | ||
interested persons and allow those persons to present comments | ||
before adopting the standards and schedule of rates under | ||
Subsections (a) and (b). | ||
Sec. 119.055. CONTRACT PAYMENT. The department shall base | ||
payment under a contract for vocational rehabilitation services on | ||
outcome-based performance standards defined in the contract. | ||
Sec. 119.056. CONTRACTS FOR ADAPTIVE TECHNOLOGY. The | ||
department shall include in a contract under this chapter with a | ||
supplier of adaptive technology equipment provisions that require | ||
the supplier to provide training for clients receiving the adaptive | ||
technology equipment. | ||
Sec. 119.057. LOANS FOR VISUAL AIDS. (a) The department | ||
may establish a program to make loans to finance the purchase of | ||
technological aids for individuals with visual impairments. | ||
Interest on the loans may not exceed 10 percent per year. | ||
(b) The executive commissioner may adopt rules to | ||
administer the loan program. | ||
Sec. 119.058. SUBROGATION. (a) By providing a person | ||
rehabilitation services, including medical care services, under | ||
this subchapter, the department is subrogated to the person's right | ||
of recovery from: | ||
(1) personal insurance; | ||
(2) another person for personal injury caused by the | ||
other person's negligence or wrongdoing; or | ||
(3) any other source. | ||
(b) The department's right of subrogation is limited to the | ||
cost of the services provided. | ||
(c) The department may totally or partially waive the | ||
department's right of subrogation when the department finds that | ||
enforcement would tend to defeat the purpose of rehabilitation. | ||
(d) The executive commissioner may adopt rules for the | ||
enforcement of the department's right of subrogation. | ||
Sec. 119.059. WORK INCENTIVES AND SUPPLEMENTAL SECURITY | ||
INCOME (SSI). The department shall employ a person at the | ||
department's central office to: | ||
(1) train counselors to understand and use work | ||
incentives; and | ||
(2) review cases to ensure that department clients are | ||
informed of the availability of and assisted in obtaining work | ||
incentives and Supplemental Security Income (SSI) (42 U.S.C. | ||
Section 1381 et seq.). | ||
SUBCHAPTER C. VOCATIONAL REHABILITATION SERVICES | ||
Sec. 119.101. INTEGRATION OF VOCATIONAL REHABILITATION | ||
PROGRAMS. (a) Subject to federal approval, the department shall | ||
integrate into a single vocational rehabilitation program the | ||
following programs that are operated under the federal | ||
Rehabilitation Act of 1973 (29 U.S.C. Sections 720 through 751): | ||
(1) the vocational rehabilitation program for | ||
individuals with visual impairments; and | ||
(2) the vocational rehabilitation program for | ||
individuals with other disabilities. | ||
(b) Not later than September 1, 2016, to facilitate the | ||
integration of the vocational rehabilitation programs identified | ||
in Subsection (a), the department shall at a minimum: | ||
(1) reorganize the department's vocational | ||
rehabilitation services in order to provide services based on an | ||
individual's functional need instead of an individual's type of | ||
disability; | ||
(2) develop a plan to support specialization of | ||
vocational rehabilitation counselors in serving different client | ||
populations, including sufficient specialization in individuals | ||
with visual impairments to maintain expertise in serving that | ||
population; | ||
(3) redesign performance measures for the provision of | ||
vocational rehabilitation services; | ||
(4) consolidate policies for the provision of | ||
vocational rehabilitation services; and | ||
(5) recommend the adoption of any rules necessary to | ||
implement this section. | ||
(c) This section expires September 1, 2017. | ||
Sec. 119.102. ELIGIBILITY FOR VOCATIONAL REHABILITATION | ||
SERVICES. The department shall provide vocational rehabilitation | ||
services to individuals with disabilities eligible for those | ||
services under federal law. | ||
Sec. 119.103. PROVISION OF VOCATIONAL REHABILITATION | ||
SERVICES. (a) The executive commissioner by rule shall establish | ||
and maintain guidelines for providing vocational rehabilitation | ||
services that are consistent with state and federal laws and that | ||
include: | ||
(1) a system of organization for the delivery of | ||
vocational rehabilitation services statewide; | ||
(2) eligibility requirements for vocational | ||
rehabilitation services; | ||
(3) requirements for the rehabilitation planning | ||
process; | ||
(4) the types of services that may be provided to a | ||
client through a vocational rehabilitation program; and | ||
(5) requirements for client participation in the costs | ||
of vocational rehabilitation services, including documentation | ||
that a client has sought benefits for which the client is eligible | ||
from sources other than the department and that may assist the | ||
client in obtaining vocational rehabilitation goods or services. | ||
(b) The department shall annually assess the effectiveness | ||
of the state's vocational rehabilitation program. | ||
Sec. 119.104. TRAINING AND SUPERVISION OF COUNSELORS. (a) | ||
The department shall provide specific guidance to vocational | ||
rehabilitation counselors in: | ||
(1) selecting vocational objectives according to a | ||
client's skills, experience, and knowledge; | ||
(2) documenting a client's impediment to employment; | ||
(3) selecting rehabilitation services that are | ||
reasonable and necessary to achieve a client's vocational | ||
objective; | ||
(4) measuring client progress toward the vocational | ||
objective, including the documented, periodic evaluation of the | ||
client's rehabilitation and participation; and | ||
(5) determining eligibility of employed and | ||
unemployed applicants for rehabilitation services using criteria | ||
defined by department rule to document whether a client is | ||
substantially underemployed or at risk of losing employment. | ||
(b) The executive commissioner by rule shall require | ||
monitoring and oversight of vocational rehabilitation counselor | ||
performance and decision making in accordance with this section. | ||
Sec. 119.105. SPECIALIZED TRAINING FOR CERTAIN EMPLOYEES. | ||
(a) The department shall establish and require employee | ||
participation in a specialized training program for certain | ||
employees, including vocational rehabilitation transition | ||
specialists and transition counselors, whose duties involve | ||
assisting youth with disabilities to transition to post-schooling | ||
activities, services for adults, or community living. | ||
(b) The training program must provide employees with | ||
information regarding: | ||
(1) supports and services available from health and | ||
human services agencies, as defined by Section 531.001, Government | ||
Code, for: | ||
(A) youth with disabilities who are | ||
transitioning into post-schooling activities, services for adults, | ||
or community living; and | ||
(B) adults with disabilities; | ||
(2) community resources available to improve the | ||
quality of life for: | ||
(A) youth with disabilities who are | ||
transitioning into post-schooling activities, services for adults, | ||
or community living; and | ||
(B) adults with disabilities; and | ||
(3) other available resources that may remove | ||
transitional barriers for youth with disabilities who are | ||
transitioning into post-schooling activities, services for adults, | ||
or community living. | ||
(c) In developing the training program required by this | ||
section, the department shall collaborate with health and human | ||
services agencies, as defined by Section 531.001, Government Code, | ||
as necessary. | ||
Sec. 119.106. PAYMENT OF SHIFT DIFFERENTIALS. The | ||
executive commissioner by rule may develop and implement policies | ||
allowing shift differentials to be paid to employees in the | ||
vocational rehabilitation program under this chapter. | ||
Sec. 119.107. CLIENT ORIENTATION MATERIALS. The department | ||
shall develop and distribute at intake client orientation materials | ||
for the vocational rehabilitation program that include information | ||
on the department's decision-making criteria. | ||
Sec. 119.108. COORDINATION WITH TEXAS EDUCATION AGENCY. | ||
(a) For purposes of this section, "transition services" means | ||
services provided to students with disabilities to assist the | ||
students in making the transition from secondary school to | ||
postsecondary education programs or competitive integrated | ||
employment. | ||
(b) The department and the Texas Education Agency shall | ||
collaborate to develop a mechanism to identify the areas of the | ||
state with the greatest needs for transition services for students | ||
with disabilities. The mechanism must account for the department's | ||
limited resources and a school district's needs, including: | ||
(1) the school district's resources for special | ||
education; | ||
(2) the number of students with disabilities in the | ||
school district; and | ||
(3) other factors that the department and the Texas | ||
Education Agency consider important. | ||
(c) The department and the Texas Education Agency shall | ||
update the mechanism developed under Subsection (b) on a periodic | ||
basis. | ||
(d) The department shall develop uniform, statewide | ||
policies for transition services that include: | ||
(1) the goal that a transition counselor initiate | ||
contact with a student approximately three years before the student | ||
is expected to graduate from high school; | ||
(2) the minimum level of services to be provided to a | ||
student at the time that a transition counselor initiates contact | ||
with the student; | ||
(3) standards, based on the mechanism developed under | ||
Subsection (b), for assigning a transition counselor to a school | ||
that ensure consistency among regions but that are not too | ||
restrictive; | ||
(4) expectations for transition counselors to develop | ||
relationships with school personnel, including the employee | ||
designated to serve as the school district's designee on transition | ||
and employment services under Section 29.011(b), Education Code; | ||
and | ||
(5) expectations for regional department staff to work | ||
with education service center representatives on a regular basis to | ||
identify areas of greatest need and to discuss local strategies for | ||
coordination between transition counselors and schools. | ||
(e) The department and the Texas Education Agency shall | ||
enter into a memorandum of understanding to comply with the | ||
policies under this section and to improve coordination between the | ||
agencies. The memorandum of understanding must include: | ||
(1) strategies to better inform transition clients, | ||
clients' families, and school personnel regarding the department's | ||
available services and contact information for department | ||
transition counselors; and | ||
(2) a process to be used by the department and the | ||
Texas Education Agency to develop and update the mechanism used to | ||
identify students who may need services. | ||
(f) Not later than September 1, 2016, the department and the | ||
Texas Education Agency shall develop the mechanism required in | ||
Subsection (b) and enter into the memorandum of understanding | ||
required in Subsection (e), and the department shall develop the | ||
policies described in Subsection (d). This subsection expires | ||
September 1, 2017. | ||
CHAPTER 121. SOCIAL SECURITY DISABILITY DETERMINATION SERVICES | ||
Sec. 121.001. COOPERATION WITH FEDERAL GOVERNMENT ON SOCIAL | ||
SECURITY DISABILITY DETERMINATION SERVICES. To the extent | ||
resources are made available by the federal government, the | ||
department may make agreements, arrangements, or plans to cooperate | ||
with the federal government in carrying out the purposes of any | ||
federal statute pertaining to the disability determination | ||
function under the Social Security Act. | ||
Sec. 121.002. METHODS OF ADMINISTRATION. To achieve the | ||
purposes of Section 121.001, the executive commissioner shall adopt | ||
methods of administration that: | ||
(1) are found by the federal government to be | ||
necessary to the disability determination function; and | ||
(2) are not contrary to existing state laws. | ||
SECTION 11. Chapter 94, Human Resources Code, is | ||
transferred to Title 7-A, Human Resources Code, as added by this | ||
Act, redesignated as Chapter 120, Human Resources Code, and amended | ||
to read as follows: | ||
CHAPTER 120 [ |
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Sec. 120.001 [ |
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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. | ||
(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 | ||
[ |
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(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" [ |
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mental condition that the department [ |
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|
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disadvantage. | ||
[ |
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[ |
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Sec. 120.002 [ |
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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 department [ |
||
authorized to do so by an agency granted a permit to arrange for | ||
vending facilities. | ||
(b) Subsection (a) [ |
||
building in which the Texas Facilities [ |
||
|
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Subchapter E, Chapter 2165, Government Code. | ||
Sec. 120.003 [ |
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own initiative or at the request of an agency that controls state | ||
property, the department [ |
||
blueprints and other available information concerning the | ||
property, to determine whether the installation of a vending | ||
facility is feasible and consonant with the department's | ||
[ |
||
(b) If the installation of the facility is feasible, the | ||
department [ |
||
operate a facility to be installed by the department [ |
||
or [ |
||
be operated by a [ |
||
blind according to rules and procedures [ |
||
adopted by the executive commissioner [ |
||
|
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|
||
|
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Sec. 120.004 [ |
||
With the concurrence of the agency in charge of state property, the | ||
department [ |
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facilities that have been requested by the agency. | ||
(b) The agency responsible for state property shall alter | ||
the property to make it suitable for the proper operation of the | ||
vending facilities. To this end, the agency in charge of | ||
constructing new state property shall consult with the department | ||
[ |
||
Sec. 120.005 [ |
||
(a) The department [ |
||
vending facilities on state property to blind citizens of the state | ||
who are capable of operating the facilities in a manner that is | ||
reasonably satisfactory to all parties concerned. | ||
(b) Before issuing a license to a person, the department | ||
[ |
||
psychological, and personal traits and abilities required to | ||
operate a vending facility in a satisfactory manner. | ||
(c) The department [ |
||
the names of each person who has been certified as suitable for | ||
licensing. If two or more equally qualified persons are listed on | ||
the roster and apply for a license to operate an available vending | ||
facility, the department [ |
||
the person who is most in need of employment. | ||
(d) The granting of a license does not vest the licensee | ||
with property or other rights which may constitute the basis of a | ||
cause of action, at law or in equity, against the state or its | ||
officers or employees. | ||
Sec. 120.006 [ |
||
OF LICENSES. (a) A license or general permit to operate a vending | ||
facility on state property is valid for a period of three years from | ||
the date it is issued. | ||
(b) The department [ |
||
or permit prior to its expiration and shall issue a new or different | ||
license or permit as the circumstances warrant. | ||
(c) The department [ |
||
mutually to revoke a general permit prior to its expiration if | ||
changed circumstances warrant that action. | ||
(d) A blind person's wilful failure to comply with the | ||
department's [ |
||
constitutes grounds for the automatic revocation of the person's | ||
license. | ||
(e) The executive commissioner [ |
||
substantive and procedural rules governing the revocation of | ||
licenses. | ||
Sec. 120.007 [ |
||
CERTAIN PERSONS WHO ARE NOT BLIND [ |
||
|
||
a blind person could not properly operate a vending facility at a | ||
particular location, the department [ |
||
may survey the property to determine whether a [ |
||
with a [ |
||
operate the facility in a proper manner. | ||
[ |
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|
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[ |
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|
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Sec. 120.008 [ |
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PROHIBITED. Neither a vending facility operated by an [ |
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|
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nor a vending facility location surveyed by the department, | ||
[ |
||
property from one agency to another, the alteration of a state | ||
building, or the reorganization of a state agency unless the | ||
department [ |
||
the closing. | ||
Sec. 120.009 [ |
||
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 department [ |
||
[ |
||
could not perform the labor for which an assistant is required, or | ||
if a [ |
||
nature is not available, a [ |
||
disability that is not of a visual nature must be given preference | ||
for employment. If no [ |
||
available for the job, preference must be given to a person who is | ||
socially, culturally, economically, or educationally | ||
disadvantaged. | ||
(b) An assistant employed by a blind person licensed by the | ||
department [ |
||
[ |
||
comply with this section constitutes grounds for the revocation of | ||
his or her license. | ||
Sec. 120.010 [ |
||
the department [ |
||
and operation of an additional vending facility or vending machine | ||
on property that already has a department-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 department | ||
[ |
||
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 [ |
||
|
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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 | ||
[ |
||
machines are installed, the department [ |
||
the commissions from the vending machines among the [ |
||
operators with disabilities in a manner that will achieve equity | ||
and equality in the incomes of those [ |
||
If the department has [ |
||
|
||
agency to whom a general permit has been issued shall determine the | ||
assignment of the commissions from vending machines installed in | ||
the building. | ||
Sec. 120.011 [ |
||
STOCK. (a) The department [ |
||
facility operator with equipment and initial stock necessary for | ||
the operator to begin business. | ||
(b) The department [ |
||
from the proceeds of the operation of its vending facilities enough | ||
money: | ||
(1) to insure a sufficient amount of initial stock for | ||
the facilities and for their proper maintenance; | ||
(2) to pay the costs of supervision and other expenses | ||
incidental to the operation of the facilities; and | ||
(3) to pay other program costs to the extent necessary | ||
to assure fair and equal treatment of the blind persons licensed to | ||
operate the facilities and to the extent allowed under federal | ||
programs that provide financial support to the department | ||
[ |
||
(c) Except for purchasing and installing original | ||
equipment, the operation of department-sponsored | ||
[ |
||
self-supporting and self-sustaining as possible. To achieve this | ||
end, the department [ |
||
when necessary, revise its schedules for collecting and setting | ||
aside money from the proceeds of its vending facilities. | ||
Sec. 120.012 [ |
||
(a) The executive commissioner [ |
||
and the department may initiate procedures necessary to implement | ||
this chapter. | ||
(b) A blind person licensed to operate a vending facility on | ||
state property shall operate the facility in accordance with law | ||
and the department's [ |
||
(c) The agency in charge of state property shall cooperate | ||
with the department [ |
||
accomplish the purposes of this chapter. The agency shall also | ||
furnish all necessary utility service, including connections and | ||
outlets required for the installation of the facility, janitorial | ||
and garbage disposal services where feasible, and other related | ||
assistance. | ||
Sec. 120.013 [ |
||
[ |
||
necessary to train blind persons who desire to be licensed to | ||
operate vending facilities and to develop techniques which will | ||
allow blind persons to operate the facilities or related types of | ||
small businesses more efficiently and productively. | ||
Sec. 120.014 [ |
||
(a) This chapter shall be construed in a manner consistent with the | ||
requirements of federal programs that provide financial assistance | ||
to the department [ |
||
(b) If a provision of this chapter conflicts with a federal | ||
program requirement, the department [ |
||
modify the provision to the extent necessary to secure the full | ||
benefits of the federal program. | ||
Sec. 120.015 [ |
||
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 department [ |
||
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 | ||
[ |
||
|
||
for the benefit of the patients at the institution. | ||
(c) This chapter does not prohibit the department | ||
[ |
||
types of vending facilities or business enterprises, and the | ||
chapter does not prohibit the installation of automated vending | ||
facilities serviced by blind persons. | ||
Sec. 120.016 [ |
||
The department [ |
||
Business Enterprises Program in accordance with the provisions of | ||
the Randolph-Sheppard Act (20 U.S.C. Section 107 et seq.). | ||
(b) The department [ |
||
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 [ |
||
|
||
(d) All federal vending machine income shall be credited to | ||
this Business Enterprises Program trust fund. Vending machine | ||
income, as defined by 34 C.F.R. Section 395.1(z), means receipts | ||
(other than those of a blind vendor) from vending machine | ||
operations on federal property, after deducting the cost of goods | ||
sold (including reasonable service and maintenance costs) in | ||
accordance with customary business practices of commercial vending | ||
concerns, where the machines are operated, serviced, or maintained | ||
by, or with the approval of, a department, agency, or | ||
instrumentality of the United States, or commissions paid (other | ||
than to a blind vendor) by a commercial vending concern which | ||
operates, services, and maintains vending machines on federal | ||
property for, or with the approval of, a department, agency, or | ||
instrumentality of the United States. | ||
(e) All expenditures authorized by the Randolph-Sheppard | ||
Act from federal vending revenue funds shall be paid from the | ||
Business Enterprises Program trust fund. | ||
(f) The department [ |
||
professional management service to administer the Business | ||
Enterprises Program trust fund. In administering the trust fund, | ||
the professional management service may acquire, exchange, sell, or | ||
retain any kind of investment that a prudent investor, exercising | ||
reasonable care, skill, and caution, would acquire, exchange, sell, | ||
or retain under the circumstances, taking into consideration the | ||
investment of all the assets of the trust fund. | ||
(g) With the approval of the comptroller, the department | ||
[ |
||
company, or other entity to serve as a custodian of the Business | ||
Enterprises Program trust fund's securities, and money realized | ||
from those securities, pending completion of an investment | ||
transaction. Money realized from those securities must be: | ||
(1) reinvested not later than one business day after | ||
the date it is received; or | ||
(2) deposited in the treasury not later than the fifth | ||
business day after the date it is received. | ||
SECTION 12. Section 21.0015, Labor Code, is amended to read | ||
as follows: | ||
Sec. 21.0015. TEXAS WORKFORCE COMMISSION [ |
||
|
||
Human Rights under this chapter are transferred to the Texas | ||
Workforce Commission [ |
||
chapter to the "commission" means the Texas Workforce Commission | ||
[ |
||
SECTION 13. Section 21.206, Labor Code, is amended to read | ||
as follows: | ||
Sec. 21.206. DETERMINATION OF REASONABLE CAUSE; REVIEW BY | ||
COMMISSION [ |
||
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 [ |
||
the evidence in the record. | ||
(b) If after the review at least two of the three commission | ||
members [ |
||
believe that the respondent engaged in an unlawful employment | ||
practice, the executive director shall: | ||
(1) issue a written determination incorporating the | ||
executive director's finding that the evidence supports the | ||
complaint; and | ||
(2) serve a copy of the determination on the | ||
complainant, the respondent, and other agencies as required by law. | ||
SECTION 14. Section 21.453, Labor Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) Except as provided by Subsection (a-1), the [ |
||
commission shall review the personnel policies and procedures of | ||
each state agency on a six-year cycle to determine whether the | ||
policies and procedures comply with this chapter. | ||
(a-1) The commission by rule shall develop risk-assessment | ||
criteria for determining the circumstances under which the | ||
commission may conduct a review of the personnel policies and | ||
procedures of a state agency more frequently than required by | ||
Subsection (a). The risk-assessment criteria must include: | ||
(1) data on complaints against a state agency; | ||
(2) previous review findings; and | ||
(3) any other related information collected and | ||
maintained by the commission. | ||
SECTION 15. Section 21.455, Labor Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) Annually, the commission shall: | ||
(1) review the reimbursements received by the | ||
commission under this section to ensure that the commission | ||
recovers the expenses described by Subsection (a); and | ||
(2) adjust the reimbursement rate if, as a result of | ||
the most recent annual review, the commission determines that the | ||
reimbursement rate is higher or lower than the rate required to | ||
recover those expenses. | ||
SECTION 16. Chapter 214, Labor Code, is amended by adding | ||
Section 214.009 to read as follows: | ||
Sec. 214.009. RECOVERY OF COVERED UNEMPLOYMENT | ||
COMPENSATION DEBT THROUGH FEDERAL TREASURY OFFSET PROGRAM. (a) In | ||
this section, "program" means the federal Treasury Offset Program | ||
authorized by 26 U.S.C. Section 6402(f). | ||
(b) The commission may collect the following covered | ||
unemployment compensation debt through the program: | ||
(1) a past-due debt for erroneous payment of benefits | ||
due to fraud that has become final under law and remains | ||
uncollected; | ||
(2) a past-due debt for erroneous payment of benefits | ||
due to a person's failure to report earnings, even if | ||
non-fraudulent, that has become final under law and remains | ||
uncollected; | ||
(3) a past-due employer contribution owed to the | ||
compensation fund for which the commission has determined the | ||
person to be liable and that remains uncollected; and | ||
(4) any penalties and interest assessed by the | ||
commission on a debt described by Subdivision (1), (2), or (3). | ||
(c) Before submitting covered unemployment compensation | ||
debt for recovery under the program, the commission must: | ||
(1) notify the debtor by regular United States mail | ||
that the commission plans to recover the debt through the offset of | ||
any federal tax refund; | ||
(2) provide the debtor at least 60 days following the | ||
date the notice is provided under Subdivision (1) to present to the | ||
commission evidence that all or part of the debt is not: | ||
(A) legally enforceable; | ||
(B) due to fraud or unreported earnings; or | ||
(C) a contribution owed to the compensation fund; | ||
and | ||
(3) consider any evidence presented by the debtor to | ||
determine the amount of debt that is legally enforceable and owed. | ||
(d) In considering evidence presented by a debtor under | ||
Subsection (c), the commission may determine only whether the | ||
debtor has demonstrated that the debt is not subject to recovery | ||
through the program so that the commission is able to minimize | ||
erroneous offsets. The commission may not review the initial | ||
determination establishing the debtor's liability. | ||
(e) The commission shall assess against the debtor the cost | ||
of any administrative fee charged by the United States Department | ||
of the Treasury for each offset. The commission may add the | ||
assessed amount to the covered unemployment compensation debt that | ||
is offset under the program. | ||
SECTION 17. Section 301.006(b), Labor Code, is amended to | ||
read as follows: | ||
(b) Notwithstanding Subsection (a), the member of the | ||
commission who represents the public shall serve as chair: | ||
(1) when the commission acts under: | ||
(A) Chapter 21; | ||
(B) Subchapter D, Chapter 61; [ |
||
(C) [ |
||
(D) Chapter 301, Property Code; and | ||
(2) in commission hearings involving unemployment | ||
insurance issues regarding tax coverage, contributions, or | ||
reimbursements. | ||
SECTION 18. Section 301.008, Labor Code, is amended to read | ||
as follows: | ||
Sec. 301.008. APPLICATION OF SUNSET ACT. The Texas | ||
Workforce Commission is subject to Chapter 325, Government Code | ||
(Texas Sunset Act). Unless continued in existence as provided by | ||
that chapter, the commission is abolished September 1, 2027 [ |
||
SECTION 19. Section 301.009(a), Labor Code, is amended to | ||
read as follows: | ||
(a) The commission shall have: | ||
(1) a division of workforce development; [ |
||
(2) a division of unemployment compensation; and | ||
(3) a civil rights division. | ||
SECTION 20. Subchapter D, Chapter 301, Labor Code, is | ||
amended by adding Section 301.075 to read as follows: | ||
Sec. 301.075. VOCATIONAL REHABILITATION AND CERTAIN OTHER | ||
SERVICES FOR PERSONS WITH DISABILITIES. If the commission receives | ||
federal approval to administer vocational rehabilitation services | ||
and other services and programs to persons with disabilities under | ||
Title 7-A, Human Resources Code, the commission has primary | ||
responsibility for providing those services and programs. | ||
SECTION 21. Section 301.153, Labor Code, is amended to read | ||
as follows: | ||
Sec. 301.153. GOVERNANCE; AUTHORITY [ |
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[ |
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[ |
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[ |
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[ |
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|
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|
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[ |
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|
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|
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[ |
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|
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|
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[ |
||
policies for the division and the executive director shall | ||
supervise the director in administering the activities of the | ||
division. | ||
(b) [ |
||
authority established as a fair employment practice agency and is | ||
authorized, with respect to an unlawful employment practice, to: | ||
(1) grant relief from the practice; | ||
(2) seek relief from the practice; or | ||
(3) institute criminal proceedings. | ||
(c) The commission shall administer Chapter 21 of this code | ||
and Chapter 301, Property Code, including the powers and duties | ||
formerly exercised by the former Commission on Human Rights under | ||
those laws. | ||
(d) A reference in Chapter 21 of this code, Chapter 301, | ||
Property Code, or any other law to the former Commission on Human | ||
Rights means the commission. | ||
SECTION 22. Section 301.154(a), Labor Code, is amended to | ||
read as follows: | ||
(a) The director shall be appointed by the executive | ||
director [ |
||
duties of the division. | ||
SECTION 23. Subchapter I, Chapter 301, Labor Code, is | ||
amended by adding Section 301.157 to read as follows: | ||
Sec. 301.157. ANALYSIS OF STATE AGENCY DISCRIMINATION | ||
COMPLAINTS; REPORT. (a) Each state fiscal year, the division shall | ||
collect and analyze information regarding employment | ||
discrimination complaints, other than complaints determined to be | ||
without merit, filed with the division against a state agency. The | ||
information must include: | ||
(1) an analysis of the complaints, both by number and | ||
by type; and | ||
(2) key findings or trends the division identifies | ||
during the division's review of state agency personnel policies and | ||
procedures under Section 21.453. | ||
(b) The commission shall include the results of the | ||
division's analysis under this section in the commission's annual | ||
report to the governor and the legislature. The division shall | ||
exclude from the report any identifying information of a | ||
complainant or a state agency complaint as necessary to maintain | ||
confidentiality required by the commission's contract with the | ||
federal Equal Employment Opportunity Commission or by other law. | ||
SECTION 24. Section 302.0043(f), Labor Code, is amended to | ||
read as follows: | ||
(f) Not later than January 15 of each odd-numbered year, the | ||
commission shall report to the legislature regarding the | ||
commission's findings regarding the effectiveness of the | ||
commission's child care program. The report must: | ||
(1) include employment outcome information, | ||
disaggregated by local workforce development area, regarding | ||
parents receiving subsidized care under the program; and | ||
(2) identify multiyear trends in the information | ||
collected and analyzed by the commission under this section, | ||
including trends in the information for at least the five state | ||
fiscal years preceding the date of the report. | ||
SECTION 25. Subchapter A, Chapter 302, Labor Code, is | ||
amended by adding Section 302.00435 to read as follows: | ||
Sec. 302.00435. SUBSIDIZED CHILD CARE PROGRAM; INPUT | ||
POLICY. The commission shall develop a policy for obtaining, | ||
through appropriate methods, input from interested parties | ||
regarding its subsidized child care program and for using that | ||
input in administering that program. | ||
SECTION 26. Section 301.0015, Property Code, is amended to | ||
read as follows: | ||
Sec. 301.0015. TEXAS WORKFORCE COMMISSION [ |
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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 27. The following laws are repealed: | ||
(1) Section 132.201(b), Education Code; | ||
(2) Subchapter F, Chapter 419, Government Code; | ||
(3) Section 91.016(e), Human Resources Code; | ||
(4) Subchapter D, Chapter 91, Human Resources Code; | ||
(5) Section 111.016, Human Resources Code; | ||
(6) Section 111.0205, Human Resources Code; | ||
(7) Section 111.053(b), Human Resources Code; | ||
(8) Section 111.061, Human Resources Code; | ||
(9) Subchapter D, Chapter 111, Human Resources Code; | ||
(10) Section 117.058, Human Resources Code; and | ||
(11) Sections 301.151(3) and 301.152, Labor Code. | ||
SECTION 28. (a) Not later than September 1, 2016, the Texas | ||
Workforce Commission shall adopt all rules, policies, and | ||
procedures required by the changes in law made by this Act. | ||
(b) Section 301.157, Labor Code, as added by this Act, | ||
applies beginning with the annual report submitted to the governor | ||
and the legislature by the Texas Workforce Commission that covers | ||
the state fiscal year ending August 31, 2015. | ||
SECTION 29. On the effective date of this Act, the human | ||
rights commission that governed the Texas Workforce Commission | ||
civil rights division under Section 301.153, Labor Code, before the | ||
effective date of this Act is abolished. The validity of an action | ||
taken by the human rights commission before that date is not | ||
affected by the abolition. The changes in law made by this Act do | ||
not affect a case or proceeding pending under Chapter 21, Labor | ||
Code, or Chapter 301, Property Code, on the effective date of this | ||
Act. | ||
SECTION 30. (a) If the Texas Workforce Commission receives | ||
federal approval to administer vocational rehabilitation services | ||
and other services and programs under Title 7-A, Human Resources | ||
Code, as added by this Act, on the date specified in the Texas | ||
Register as required by Section 118.002(a)(2)(B), Human Resources | ||
Code, as added by this Act: | ||
(1) the services and programs and related powers, | ||
duties, functions, and activities, including rulemaking authority, | ||
are transferred to the Texas Workforce Commission; | ||
(2) all obligations and contracts of the Department of | ||
Assistive and Rehabilitative Services that are related to a | ||
transferred service or program are transferred to the Texas | ||
Workforce Commission; | ||
(3) all property and records in the custody of the | ||
Department of Assistive and Rehabilitative Services, including | ||
information technology systems, that are related to a transferred | ||
service or program and all funds appropriated by the legislature | ||
for the service or program shall be transferred to the Texas | ||
Workforce Commission; and | ||
(4) all complaints, investigations, or contested | ||
cases that are pending before the Department of Assistive and | ||
Rehabilitative Services that are related to a transferred service | ||
or program are transferred without change in status to the Texas | ||
Workforce Commission. | ||
(b) If a transfer of services and programs occurs under | ||
Subsection (a) of this section, a rule or form adopted by the | ||
executive commissioner of the Health and Human Services Commission | ||
or the Department of Assistive and Rehabilitative Services, as | ||
applicable, that relates to a transferred service or program is a | ||
rule or form of the Texas Workforce Commission and remains in effect | ||
until altered by the Texas Workforce Commission. | ||
(c) If a transfer of services and programs occurs under | ||
Subsection (a) of this section, a reference in law to the executive | ||
commissioner of the Health and Human Services Commission or the | ||
Department of Assistive and Rehabilitative Services that relates to | ||
a transferred service or program means the Texas Workforce | ||
Commission. | ||
(d) If a transfer of services and programs occurs under | ||
Subsection (a) of this section, a license, permit, or certification | ||
in effect that was issued by the Department of Assistive and | ||
Rehabilitative Services and that relates to a transferred service | ||
or program is continued in effect as a license, permit, or | ||
certification of the Texas Workforce Commission. | ||
SECTION 31. As soon as possible after the effective date of | ||
this Act, the Department of Assistive and Rehabilitative Services | ||
and the Texas Workforce Commission shall actively seek federal | ||
approval as required by Section 118.002, Human Resources Code, as | ||
added by this Act, to transfer the administration of services and | ||
programs under Title 7-A, Human Resources Code, as added by this | ||
Act, from the department to the commission not later than September | ||
1, 2016. | ||
SECTION 32. The Department of Assistive and Rehabilitative | ||
Services and the Texas Workforce Commission shall collaborate to | ||
integrate the department's vocational rehabilitation programs into | ||
a single vocational rehabilitation program as required by Section | ||
119.101, Human Resources Code, as added by this Act. | ||
SECTION 33. This Act takes effect September 1, 2015. |