By: Van de Putte S.B. No. 1230
(In the Senate - Filed March 2, 2009; March 17, 2009, read
first time and referred to Committee on Health and Human Services;
April 17, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 17, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1230 By: Deuell
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Legislative Committee on Aging
and other initiatives relating to the aging population of this
state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Human Resources Code, is amended by
adding Subchapters G and H to read as follows:
SUBCHAPTER G. LEGISLATIVE COMMITTEE ON AGING
Sec. 161.251. DEFINITIONS. In this subchapter:
(1) "Committee" means the Legislative Committee on
Aging.
(2) "Health and human services agency" has the meaning
assigned by Section 531.001, Government Code.
Sec. 161.252. LEGISLATIVE COMMITTEE ON AGING ESTABLISHED.
The Legislative Committee on Aging is established to:
(1) study issues relating to the aging population of
Texas, including issues related to the health care, income,
transportation, housing, education, and employment needs of that
population; and
(2) make recommendations to address those issues.
Sec. 161.253. COMPOSITION OF COMMITTEE; PRESIDING OFFICER.
(a) The committee is composed of:
(1) two members of the senate appointed by the
lieutenant governor;
(2) two members of the house of representatives
appointed by the speaker of the house of representatives; and
(3) two public members appointed by the governor.
(b) A member of the committee serves at the pleasure of the
appointing official.
(c) The lieutenant governor and the speaker of the house of
representatives shall appoint the presiding officer of the
committee on an alternating basis. The presiding officer shall
serve a two-year term expiring February 1 of each odd-numbered
year.
Sec. 161.254. COMMITTEE POWERS AND DUTIES. (a) The
committee shall:
(1) meet at least biannually at the call of the
presiding officer;
(2) conduct a continuing study of issues relating to
the aging population, including issues that are affected by the
demographic and geographic diversity of the aging population in
this state;
(3) analyze the availability of, and unmet needs for,
state and local services for the aging population; and
(4) request reports and other information relating to
the aging population as necessary from the executive commissioner,
the department, other health and human services agencies, the
attorney general, and any other state agency.
(b) The executive commissioner, the department, other
health and human services agencies, the attorney general, and any
other applicable state agency shall fully cooperate with the
committee in performing the committee's duties under this
subchapter.
(c) The committee may issue process, in accordance with
Section 301.024, Government Code, to compel attendance of witnesses
and the production of books, records, documents, and instruments
required by the committee.
(d) The committee shall use the existing staff resources of
the senate and the house of representatives to assist the committee
in performing its duties under this section.
Sec. 161.255. REPORT. (a) The committee shall report to
the standing committees of the senate and the house of
representatives having jurisdiction of issues related to the needs
of the aging population not later than November 15 of each
even-numbered year.
(b) The report must include:
(1) a summary of the hearings and studies conducted by
the committee during the preceding year;
(2) a statement of findings based on the hearings and
studies conducted by the committee; and
(3) recommendations for legislation.
SUBCHAPTER H. CERTAIN INITIATIVES RELATING TO AGING
Sec. 161.301. DEFINITION. In this subchapter, "fund" means
the Chris Kyker Endowment for Seniors Fund established under this
subchapter.
Sec. 161.302. CONTRACT TO PROVIDE OUTREACH AND INPUT
RELATING TO AGING POPULATION. (a) The executive commissioner may
contract with an entity to:
(1) conduct local forums throughout this state to
solicit input on and discuss policies regarding aging-related
issues, including issues that are affected by the demographic and
geographic diversity of the aging population in this state;
(2) provide analysis, education, and research
services with respect to aging-related issues; and
(3) identify problems encountered by the aging
population in this state and develop and recommend to the executive
commissioner and the legislature solutions to those problems.
(b) If a contract entered into under this section includes a
provision that allows a person performing duties under the contract
on behalf of the entity to receive a per diem for days spent
performing those duties and to be reimbursed for travel expenses
incurred in performing those duties, the per diem and reimbursement
for travel expenses incurred must be paid at the same rate set in
the General Appropriations Act for state employees.
Sec. 161.303. ESTABLISHMENT AND ADMINISTRATION OF FUND.
(a) The Chris Kyker Endowment for Seniors Fund is a special fund
outside the state treasury held by the comptroller.
(b) The comptroller shall deposit in the fund:
(1) money appropriated to the fund;
(2) grants, gifts, and donations from any other public
or private source; and
(3) income and interest, including depository
interest, as provided by Subsection (f).
(c) The comptroller shall administer and manage the assets
of the fund in accordance with this section and the rules adopted by
the executive commissioner under Section 161.304(c). In managing
the assets of the fund, the comptroller may acquire, exchange,
sell, supervise, manage, or retain, through procedures and subject
to restrictions the comptroller considers appropriate, any kind of
investment that a prudent investor, exercising reasonable care,
skill, and caution, would acquire or retain in light of the
purposes, terms, distribution requirements, and other
circumstances of the fund then prevailing, taking into
consideration the investment of all the assets of the fund rather
than a single investment.
(d) The expenses of managing fund investments shall be paid
from the fund.
(e) On request, the comptroller shall fully disclose all
details concerning the investments of the fund.
(f) Interest earned on the fund shall be credited to the
fund.
Sec. 161.304. USE OF FUND. (a) The following may be used
only to fund a contract entered into under Section 161.302:
(1) contributions to the fund described by Section
161.303(b)(2); and
(2) income and interest earned on money in the fund
described by Section 161.303(b)(3).
(b) Except as provided by Subsection (a), money in the fund
may not be used for any purpose.
(c) The executive commissioner may adopt rules regarding
distribution of money in the fund in accordance with this section.
SECTION 2. (a) Not later than the 30th day after the
effective date of this Act:
(1) the governor, lieutenant governor, and speaker of
the house of representatives shall appoint members of the
Legislative Committee on Aging, as established by Section 161.252,
Human Resources Code, as added by this Act; and
(2) the lieutenant governor shall appoint the initial
presiding officer under Subsection (c), Section 161.253, Human
Resources Code, as added by this Act.
(b) The Legislative Committee on Aging established by
Section 161.252, Human Resources Code, as added by this Act, shall
convene its initial meeting not later than November 1, 2009.
SECTION 3. This Act takes effect September 1, 2009.
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