By: Shapleigh S.B. No. 1850
(In the Senate - Filed March 11, 2009; March 20, 2009, read
first time and referred to Committee on Economic Development;
March 31, 2009, reported favorably by the following vote: Yeas 4,
Nays 0; March 31, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a home- and community-based
services workforce council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 531, Government Code, is amended by
adding Subchapter P-1 to read as follows:
SUBCHAPTER P-1. HOME- AND COMMUNITY-BASED SERVICES WORKFORCE
COUNCIL
Sec. 531.621. DEFINITION. In this subchapter, "council"
means the home- and community-based services workforce council.
Sec. 531.622. HOME- AND COMMUNITY-BASED SERVICES WORKFORCE
COUNCIL; COMPOSITION. (a) The home- and community-based services
workforce council is established.
(b) The council is composed of 13 members appointed by the
executive commissioner as follows:
(1) two members who are, at the time of appointment,
recipients of home- and community-based services;
(2) one family member of a child who is, at the time of
appointment, receiving home- and community-based services;
(3) three members who, at the time of appointment,
provide attendant services to recipients of home- and
community-based services;
(4) one member who is a representative of the
Disability Policy Consortium;
(5) one member who is a representative of the American
Association of Retired Persons;
(6) one member who is a representative of the Texas
Association of Area Agencies on Aging;
(7) one member who is a representative of the Texas
Association of Centers for Independent Living;
(8) one member who is a representative of a local
mental retardation authority;
(9) one member who is a representative of the Texas
Association for Home Care, Incorporated; and
(10) one member who is a representative of the Private
Providers Association of Texas.
(c) A member of the council serves at the pleasure of the
executive commissioner.
(d) The executive commissioner shall select a presiding
officer from among the members of the council.
Sec. 531.623. COMPENSATION. A council member serves
without compensation but is entitled to reimbursement for actual
and necessary expenses incurred in performing functions as a
council member, subject to any applicable limitation on
reimbursement provided by the General Appropriations Act.
Sec. 531.624. COUNCIL POWERS AND DUTIES. (a) The
council shall:
(1) at least quarterly, meet at the call of the
presiding officer;
(2) identify and study workforce issues relating to
the provision of home- and community-based services to the aging
and disabled populations of this state, including issues relating
to wages and benefits, turnover, recruitment, and retention of
personal attendants;
(3) review the current and anticipated need in this
state for home- and community-based services and the workforce
available in this state to meet that need;
(4) solicit, review, and make policy and funding
recommendations relating to home- and community-based services;
(5) request reports and other information relating to
the home- and community-based services workforce as necessary from
the executive commissioner, the Department of Aging and Disability
Services, other health and human services agencies, the Texas
Workforce Commission, or the attorney general; and
(6) make recommendations to the executive
commissioner and the legislature regarding the issues specified in
Subdivision (2).
(b) The commission shall provide assistance and resources
to the council as necessary for the council to perform its duties
under this subchapter.
Sec. 531.625. REPORTS. (a) Not later than September 1 of
each even-numbered year, the council shall submit a report based on
its findings to:
(1) the executive commissioner;
(2) the governor;
(3) the lieutenant governor;
(4) the speaker of the house of representatives;
(5) the senate finance committee;
(6) the house appropriations committee;
(7) the senate health and human services committee;
and
(8) the house human services committee.
(b) The report must include:
(1) an analysis of the current and anticipated funding
needs for home- and community-based services in this state and the
workforce available to meet that need;
(2) identification of significant problems in the
home- and community-based services workforce; and
(3) policy and funding recommendations.
SECTION 2. Not later than the 30th day after the effective
date of this Act, the executive commissioner of the Health and Human
Services Commission shall appoint the members of the home- and
community-based services workforce council as established by
Subchapter P-1, Chapter 531, Government Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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