Texas 2009 - 81st Regular

Texas House Bill HB3263 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10681 KFF-F
2	2	By: Naishtat H.B. No. 3263
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a home- and community-based
8	8	services workforce council.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 531, Government Code, is amended by
11	11	adding Subchapter P-1 to read as follows:
12	12	SUBCHAPTER P-1. HOME- AND COMMUNITY-BASED SERVICES WORKFORCE
13	13	COUNCIL
14	14	Sec. 531.621. DEFINITION. In this subchapter, "council"
15	15	means the home- and community-based services workforce council.
16	16	Sec. 531.622. HOME- AND COMMUNITY-BASED SERVICES WORKFORCE
17	17	COUNCIL; COMPOSITION. (a) The home- and community-based services
18	18	workforce council is established.
19	19	(b) The council is composed of 13 members appointed by the
20	20	executive commissioner as follows:
21	21	(1) two members who are, at the time of appointment,
22	22	recipients of home- and community-based services;
23	23	(2) one family member of a child who is, at the time of
24	24	appointment, receiving home- and community-based services;
25	25	(3) three members who, at the time of appointment,
26	26	provide attendant services to recipients of home- and
27	27	community-based services;
28	28	(4) one member who is a representative of the
29	29	Disability Policy Consortium;
30	30	(5) one member who is a representative of the American
31	31	Association of Retired Persons;
32	32	(6) one member who is a representative of the Texas
33	33	Association of Area Agencies on Aging;
34	34	(7) one member who is a representative of the Texas
35	35	Association of Centers for Independent Living;
36	36	(8) one member who is a representative of a local
37	37	mental retardation authority;
38	38	(9) one member who is a representative of the Texas
39	39	Association for Home Care, Incorporated; and
40	40	(10) one member who is a representative of the Private
41	41	Providers Association of Texas.
42	42	(c) A member of the council serves at the pleasure of the
43	43	executive commissioner.
44	44	(d) The executive commissioner shall select a presiding
45	45	officer from among the members of the council.
46	46	Sec. 531.623. COMPENSATION. A council member serves
47	47	without compensation but is entitled to reimbursement for actual
48	48	and necessary expenses incurred in performing functions as a
49	49	council member, subject to any applicable limitation on
50	50	reimbursement provided by the General Appropriations Act.
51	51	Sec. 531.624. COUNCIL POWERS AND DUTIES. (a) The council
52	52	shall:
53	53	(1) at least quarterly, meet at the call of the
54	54	presiding officer;
55	55	(2) identify and study workforce issues relating to
56	56	the provision of home- and community-based services to the aging
57	57	and disabled populations of this state, including issues relating
58	58	to wages and benefits, turnover, recruitment, and retention of
59	59	personal attendants;
60	60	(3) review the current and anticipated need in this
61	61	state for home- and community-based services and the workforce
62	62	available in this state to meet that need;
63	63	(4) solicit, review, and make policy and funding
64	64	recommendations relating to home- and community-based services;
65	65	(5) request reports and other information relating to
66	66	the home- and community-based services workforce as necessary from
67	67	the executive commissioner, the Department of Aging and Disability
68	68	Services, other health and human services agencies, the Texas
69	69	Workforce Commission, or the attorney general; and
70	70	(6) make recommendations to the executive
71	71	commissioner and the legislature regarding the issues specified in
72	72	Subdivision (2).
73	73	(b) The commission shall provide assistance and resources
74	74	to the council as necessary for the council to perform its duties
75	75	under this subchapter.
76	76	Sec. 531.625. REPORTS. (a) Not later than September 1 of
77	77	each even-numbered year, the council shall submit a report based on
78	78	its findings to:
79	79	(1) the executive commissioner;
80	80	(2) the governor;
81	81	(3) the lieutenant governor;
82	82	(4) the speaker of the house of representatives;
83	83	(5) the senate finance committee;
84	84	(6) the house appropriations committee;
85	85	(7) the senate health and human services committee;
86	86	and
87	87	(8) the house human services committee.
88	88	(b) The report must include:
89	89	(1) an analysis of the current and anticipated funding
90	90	needs for home- and community-based services in this state and the
91	91	workforce available to meet that need;
92	92	(2) identification of significant problems in the
93	93	home- and community-based services workforce; and
94	94	(3) policy and funding recommendations.
95	95	SECTION 2. Not later than the 30th day after the effective
96	96	date of this Act, the executive commissioner of the Health and Human
97	97	Services Commission shall appoint the members of the home- and
98	98	community-based services workforce council as established by
99	99	Subchapter P-1, Chapter 531, Government Code, as added by this Act.
100	100	SECTION 3. This Act takes effect immediately if it receives
101	101	a vote of two-thirds of all the members elected to each house, as
102	102	provided by Section 39, Article III, Texas Constitution. If this
103	103	Act does not receive the vote necessary for immediate effect, this
104	104	Act takes effect September 1, 2009.