Texas 2009 - 81st Regular

Texas Senate Bill SB1850 Compare Versions

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1	1	By: Shapleigh, Zaffirini S.B. No. 1850
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the establishment of a home- and community-based
7	7	services workforce council.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 531, Government Code, is amended by
10	10	adding Subchapter P-1 to read as follows:
11	11	SUBCHAPTER P-1. HOME- AND COMMUNITY-BASED SERVICES WORKFORCE
12	12	COUNCIL
13	13	Sec. 531.621. DEFINITION. In this subchapter, "council"
14	14	means the home- and community-based services workforce council.
15	15	Sec. 531.622. HOME- AND COMMUNITY-BASED SERVICES WORKFORCE
16	16	COUNCIL; COMPOSITION. (a) The home- and community-based services
17	17	workforce council is established.
18	18	(b) The council is composed of 13 members appointed by the
19	19	executive commissioner as follows:
20	20	(1) two members who are, at the time of appointment,
21	21	recipients of home- and community-based services;
22	22	(2) one family member of a child who is, at the time of
23	23	appointment, receiving home- and community-based services;
24	24	(3) three members who, at the time of appointment,
25	25	provide attendant services to recipients of home- and
26	26	community-based services;
27	27	(4) one member who is a representative of the
28	28	Disability Policy Consortium;
29	29	(5) one member who is a representative of the American
30	30	Association of Retired Persons;
31	31	(6) one member who is a representative of the Texas
32	32	Association of Area Agencies on Aging;
33	33	(7) one member who is a representative of the Texas
34	34	Association of Centers for Independent Living;
35	35	(8) one member who is a representative of a local
36	36	mental retardation authority;
37	37	(9) one member who is a representative of the Texas
38	38	Association for Home Care, Incorporated; and
39	39	(10) one member who is a representative of the Private
40	40	Providers Association of Texas.
41	41	(c) A member of the council serves at the pleasure of the
42	42	executive commissioner.
43	43	(d) The executive commissioner shall select a presiding
44	44	officer from among the members of the council.
45	45	Sec. 531.623. COMPENSATION. A council member serves
46	46	without compensation but is entitled to reimbursement for actual
47	47	and necessary expenses incurred in performing functions as a
48	48	council member, subject to any applicable limitation on
49	49	reimbursement provided by the General Appropriations Act.
50	50	Sec. 531.624. COUNCIL POWERS AND DUTIES. (a) The
51	51	council shall:
52	52	(1) at least quarterly, meet at the call of the
53	53	presiding officer;
54	54	(2) identify and study workforce issues relating to
55	55	the provision of home- and community-based services to the aging
56	56	and disabled populations of this state, including issues relating
57	57	to wages and benefits, turnover, recruitment, and retention of
58	58	personal attendants;
59	59	(3) review the current and anticipated need in this
60	60	state for home- and community-based services and the workforce
61	61	available in this state to meet that need;
62	62	(4) solicit, review, and make policy and funding
63	63	recommendations relating to home- and community-based services;
64	64	(5) request reports and other information relating to
65	65	the home- and community-based services workforce as necessary from
66	66	the executive commissioner, the Department of Aging and Disability
67	67	Services, other health and human services agencies, the Texas
68	68	Workforce Commission, or the attorney general; and
69	69	(6) make recommendations to the executive
70	70	commissioner and the legislature regarding the issues specified in
71	71	Subdivision (2).
72	72	(b) The commission shall provide assistance and resources
73	73	to the council as necessary for the council to perform its duties
74	74	under this subchapter.
75	75	Sec. 531.625. REPORTS. (a) Not later than September 1 of
76	76	each even-numbered year, the council shall submit a report based on
77	77	its findings to:
78	78	(1) the executive commissioner;
79	79	(2) the governor;
80	80	(3) the lieutenant governor;
81	81	(4) the speaker of the house of representatives;
82	82	(5) the senate finance committee;
83	83	(6) the house appropriations committee;
84	84	(7) the senate health and human services committee;
85	85	and
86	86	(8) the house human services committee.
87	87	(b) The report must include:
88	88	(1) an analysis of the current and anticipated funding
89	89	needs for home- and community-based services in this state and the
90	90	workforce available to meet that need;
91	91	(2) identification of significant problems in the
92	92	home- and community-based services workforce; and
93	93	(3) policy and funding recommendations.
94	94	SECTION 2. Not later than the 30th day after the effective
95	95	date of this Act, the executive commissioner of the Health and Human
96	96	Services Commission shall appoint the members of the home- and
97	97	community-based services workforce council as established by
98	98	Subchapter P-1, Chapter 531, Government Code, as added by this Act.
99	99	SECTION 3. This Act takes effect immediately if it receives
100	100	a vote of two-thirds of all the members elected to each house, as
101	101	provided by Section 39, Article III, Texas Constitution. If this
102	102	Act does not receive the vote necessary for immediate effect, this
103	103	Act takes effect September 1, 2009.