Texas 2015 - 84th Regular

Texas House Bill HB3294 Compare Versions

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

Old	New	Differences
1	1	84R5733 LED/KKR-D
2	2	By: Burkett H.B. No. 3294
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Workforce
8	8	Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 132, Education Code, is
11	11	amended by adding Section 132.025 to read as follows:
12	12	Sec. 132.025. REQUIRED POSTING. To facilitate a
13	13	prospective student's informed selection among career schools and
14	14	colleges, the commission shall include in its searchable directory
15	15	of career schools and colleges maintained on its Internet website
16	16	information regarding any formal enforcement action taken by the
17	17	commission against a school or college, including:
18	18	(1) any revocation of the school's or college's
19	19	certificate of authority;
20	20	(2) any assessment of administrative penalties
21	21	against the school or college; and
22	22	(3) any suspension of admission of students to the
23	23	school or college.
24	24	SECTION 2. Sections 132.201(a), (d), (e), and (f),
25	25	Education Code, are amended to read as follows:
26	26	(a) Certificate and registration fees, except those charged
27	27	pursuant to Subsection (d), shall be collected by the commission.
28	28	The commission by rule shall determine the amount of each fee.
29	29	[Each fee shall be in an amount set by the commission in an amount
30	30	not to exceed 150 percent of each fee in the following schedule:
31	31	[(1) the initial fee for a career school or college:
32	32	[(A) for a certificate of approval is $2,000; or
33	33	[(B) for a small career school or college
34	34	certificate of approval is $1,000;
35	35	[(2) the first renewal fee and each subsequent renewal
36	36	fee for a career school or college is the greater of:
37	37	[(A) an amount that is determined by applying a
38	38	percentage, not to exceed 0.3 percent, to the gross tuition and
39	39	fees, excluding refunds as provided by Section 132.061 or 132.0611,
40	40	of the school or college; or
41	41	[(B) $500;
42	42	[(3) the initial registration fee for a representative
43	43	is $60;
44	44	[(4) the annual renewal fee for a representative is
45	45	$30;
46	46	[(5) the fee for a change of a name of a career school
47	47	or college or owner is $100;
48	48	[(6) the fee for a change of an address of a career
49	49	school or college is $180;
50	50	[(7) the fee for a change in the name or address of a
51	51	representative or a change in the name or address of a career school
52	52	or college that causes the reissuance of a representative permit is
53	53	$10;
54	54	[(8) the application fee for an additional program is
55	55	$150, except for seminars and workshops, for which the fee is $25;
56	56	[(9) the application fee for a director,
57	57	administrative staff member, or instructor is $15;
58	58	[(10) the application fee for the authority to grant
59	59	degrees is $2,000;
60	60	[(11) the application fee for an additional degree
61	61	program is $250; and
62	62	[(12) the fee for an inspection required by commission
63	63	rule of classroom facilities that are separate from the main campus
64	64	is $250.]
65	65	(d) In connection with the regulation of any career school
66	66	or college or program through a memorandum of understanding
67	67	pursuant to Section 132.002(c), the commission by rule shall set an
68	68	application and annual renewal fee in [, not to exceed $2,000. The
69	69	fee shall be] an amount reasonably calculated to cover the
70	70	administrative costs associated with assuming the additional
71	71	regulation.
72	72	(e) The commission by rule shall determine the amount of a
73	73	[The] fee for an investigation at a career school or college to
74	74	resolve a complaint filed against the school or college [is $600].
75	75	The fee may be charged only if:
76	76	(1) the complaint could not have been resolved by
77	77	telephone or written correspondence only;
78	78	(2) a representative of the commission visits the
79	79	school or college as a part of the complaint resolution process; and
80	80	(3) the school or college is found to be at fault.
81	81	(f) The commission may allow payment of any fee authorized
82	82	under this section or under Section 132.2415 that exceeds $1,000 to
83	83	be paid by installment. The commission shall provide for
84	84	appropriate interest charges and late penalties in addition to any
85	85	other remedy that is provided for by law for the late payment of a
86	86	fee installment authorized under this section. The commission may
87	87	assess a reasonable service charge or interest to be paid by a
88	88	career school or college that pays a fee by installment [in an
89	89	amount not to exceed 10 percent annually of the fee that is to be
90	90	paid by installment].
91	91	SECTION 3. Section 1001.104, Education Code, is amended to
92	92	read as follows:
93	93	Sec. 1001.104. HOSPITAL AND REHABILITATION FACILITIES. (a)
94	94	The agency shall enter into a memorandum of understanding with the
95	95	state agency responsible for administering the vocational
96	96	rehabilitation program under Title 7-A, Human Resources Code,
97	97	[Texas Rehabilitation Commission] and the department for the
98	98	interagency development of curricula and licensing criteria for
99	99	hospital and rehabilitation facilities that teach driver
100	100	education.
101	101	(b) The agency shall administer comprehensive rules
102	102	governing driver education courses adopted by mutual agreement
103	103	among the agency, the state agency responsible for administering
104	104	the vocational rehabilitation program under Title 7-A, Human
105	105	Resources Code [Texas Rehabilitation Commission], and the
106	106	department.
107	107	SECTION 4. Section 411.117, Government Code, is amended to
108	108	read as follows:
109	109	Sec. 411.117. ACCESS TO CRIMINAL HISTORY RECORD
110	110	INFORMATION: DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
111	111	AND TEXAS WORKFORCE COMMISSION. (a) The Department of Assistive
112	112	and Rehabilitative Services is entitled to obtain from the
113	113	department criminal history record information maintained by the
114	114	department that relates to a person who is:
115	115	(1) an applicant for services of the Department of
116	116	Assistive and Rehabilitative Services;
117	117	(2) a client of the Department of Assistive and
118	118	Rehabilitative Services; or
119	119	(3) an applicant for employment whose potential duties
120	120	include direct contact with clients of the Department of Assistive
121	121	and Rehabilitative Services.
122	122	(b) If the Texas Workforce Commission receives federal
123	123	approval to administer vocational rehabilitation services and
124	124	other services and programs under Title 7-A, Human Resources Code,
125	125	the commission is entitled to obtain from the department criminal
126	126	history record information maintained by the department that
127	127	relates to a person who is:
128	128	(1) an applicant selected for employment with the
129	129	commission whose potential duties include direct contact with
130	130	clients to provide vocational rehabilitation services;
131	131	(2) an applicant for vocational rehabilitation
132	132	services from the commission; or
133	133	(3) a client receiving vocational rehabilitation
134	134	services under Chapter 119, Human Resources Code.
135	135	SECTION 5. Section 2308.3155(b), Government Code, is
136	136	amended to read as follows:
137	137	(b) The commission shall adopt rules to administer the Texas
138	138	Rising Star Program, including:
139	139	(1) guidelines for rating a child-care provider who
140	140	provides child care to a child younger than 13 years of age,
141	141	including infants and toddlers, enrolled in the subsidized program;
142	142	and
143	143	(2) a timeline and process for regularly reviewing and
144	144	updating the quality standards used to determine the rating system
145	145	that includes the commission's consideration of input from
146	146	interested parties regarding those standards.
147	147	SECTION 6. The heading to Subchapter C, Chapter 91, Human
148	148	Resources Code, is amended to read as follows:
149	149	SUBCHAPTER C. GENERAL POWERS AND DUTIES [OF THE COMMISSION]
150	150	SECTION 7. Subchapter C, Chapter 91, Human Resources Code,
151	151	is amended by adding Section 91.0211 to read as follows:
152	152	Sec. 91.0211. SERVICE DELIVERY BY TEXAS WORKFORCE
153	153	COMMISSION. If the Texas Workforce Commission receives federal
154	154	approval to administer vocational rehabilitation services and
155	155	other services and programs under Title 7-A:
156	156	(1) the Texas Workforce Commission has primary
157	157	responsibility for providing those services and programs,
158	158	notwithstanding Section 91.021(a); and
159	159	(2) a power or duty under this chapter, including
160	160	rulemaking authority, of the Department of Assistive and
161	161	Rehabilitative Services, the commissioner of assistive and
162	162	rehabilitative services, or the executive commissioner of the
163	163	Health and Human Services Commission that is applicable to those
164	164	services or programs is a power or duty of the Texas Workforce
165	165	Commission with respect to those services or programs.
166	166	SECTION 8. Subchapter C, Chapter 111, Human Resources Code,
167	167	is amended by adding Section 111.0511 to read as follows:
168	168	Sec. 111.0511. SERVICE DELIVERY BY TEXAS WORKFORCE
169	169	COMMISSION. If the Texas Workforce Commission receives federal
170	170	approval to administer vocational rehabilitation services and
171	171	other services and programs under Title 7-A:
172	172	(1) the Texas Workforce Commission has primary
173	173	responsibility for providing those services and programs,
174	174	notwithstanding Section 111.051;
175	175	(2) a power or duty under this chapter, including
176	176	rulemaking authority, of the Department of Assistive and
177	177	Rehabilitative Services, the commissioner of assistive and
178	178	rehabilitative services, or the executive commissioner of the
179	179	Health and Human Services Commission that is applicable to those
180	180	services or programs is a power or duty of the Texas Workforce
181	181	Commission with respect to those services or programs; and
182	182	(3) all other state agencies engaged in vocational
183	183	rehabilitation services or related services or programs shall
184	184	coordinate those activities with the Texas Workforce Commission.
185	185	SECTION 9. Subchapter D, Chapter 117, Human Resources Code,
186	186	is amended by adding Section 117.0711 to read as follows:
187	187	Sec. 117.0711. SERVICE DELIVERY BY TEXAS WORKFORCE
188	188	COMMISSION. If the Texas Workforce Commission receives federal
189	189	approval to administer vocational rehabilitation services and
190	190	other services and programs under Title 7-A:
191	191	(1) the Texas Workforce Commission has primary
192	192	responsibility for providing those services and programs,
193	193	notwithstanding Section 117.071; and
194	194	(2) a power or duty under this chapter, including
195	195	rulemaking authority, of the department, the commissioner, or the
196	196	executive commissioner that is applicable to those services or
197	197	programs is a power or duty of the Texas Workforce Commission with
198	198	respect to those services or programs.
199	199	SECTION 10. The Human Resources Code is amended by adding
200	200	Title 7-A to read as follows:
201	201	TITLE 7-A. VOCATIONAL REHABILITATION AND CERTAIN OTHER SERVICES
202	202	FOR PERSONS WITH DISABILITIES
203	203	CHAPTER 118. GENERAL PROVISIONS; RESPONSIBILITY FOR
204	204	ADMINISTRATION OF SERVICES
205	205	Sec. 118.001. DEFINITIONS. In this title:
206	206	(1) "Commission" means the Texas Workforce
207	207	Commission.
208	208	(2) "Department" means the Department of Assistive and
209	209	Rehabilitative Services.
210	210	(3) "Executive commissioner" means the executive
211	211	commissioner of the Health and Human Services Commission.
212	212	(4) "Executive director" means the executive director
213	213	of the Texas Workforce Commission.
214	214	Sec. 118.002. RESPONSIBILITY FOR ADMINISTRATION OF
215	215	SERVICES. (a) The department shall administer the services and
216	216	programs under this title until:
217	217	(1) the department or commission receives federal
218	218	approval under Subsection (b) to transfer the administration of the
219	219	services and programs to the commission; and
220	220	(2) the commission publishes in the Texas Register:
221	221	(A) that the department or commission received
222	222	federal approval to transfer the administration of the services and
223	223	programs to the commission; and
224	224	(B) the date on which the transfer of the
225	225	administration of the services and programs to the commission will
226	226	occur.
227	227	(b) The department or commission, as appropriate, shall
228	228	seek federal approval under this section to:
229	229	(1) transfer to the commission not later than
230	230	September 1, 2016, administration of the services and programs
231	231	under this title that the department operates under the federal
232	232	Rehabilitation Act of 1973 (29 U.S.C. Sections 720 through 751),
233	233	including:
234	234	(A) the vocational rehabilitation program for
235	235	individuals with visual impairments;
236	236	(B) the vocational rehabilitation program for
237	237	individuals with other disabilities;
238	238	(C) the federal Social Security Disability
239	239	Determination program; and
240	240	(D) the program for vending facilities operated
241	241	by blind persons under Chapter 120; and
242	242	(2) designate the commission as the state unit under
243	243	29 U.S.C. Section 721 that is responsible for administering the
244	244	state's vocational rehabilitation program.
245	245	(c) On the date the services and programs described by
246	246	Subsection (b)(1) transfer to the commission, the Rehabilitation
247	247	Council of Texas transfers to the commission.
248	248	(d) This section expires September 1, 2019.
249	249	Sec. 118.003. INTEGRATION OF VOCATIONAL REHABILITATION
250	250	PROGRAMS; PROGRAM STAFF. (a) Subject to receiving federal
251	251	approval under Section 118.002 for the commission to administer the
252	252	services and programs under this title and not later than August 31,
253	253	2018, the commission shall integrate the vocational rehabilitation
254	254	staff from department offices into the commission's local workforce
255	255	development boards and centers.
256	256	(b) This section expires September 1, 2019.
257	257	Sec. 118.004. REFERENCES IN LAW MEANING TEXAS WORKFORCE
258	258	COMMISSION OR ITS EXECUTIVE DIRECTOR. If the administration of
259	259	this title is transferred from the department to the commission, a
260	260	reference to the commissioner of assistive and rehabilitative
261	261	services, the department, or the executive commissioner means the
262	262	commission or executive director, as applicable.
263	263	CHAPTER 119. VOCATIONAL REHABILITATION SERVICES
264	264	SUBCHAPTER A. GENERAL PROVISIONS
265	265	Sec. 119.001. DEFINITIONS. In this chapter:
266	266	(1) "Direct services" means services provided to a
267	267	client by a department employee, including counseling,
268	268	facilitating the purchase of services from a source other than the
269	269	department, and purchasing equipment and other items and providing
270	270	other services necessary for the client to successfully complete a
271	271	department program.
272	272	(2) "Direct services program" means a program operated
273	273	by the department through which direct services are provided.
274	274	(3) "Individual with a disability" means an individual
275	275	who has a physical impairment, including a visual impairment, or
276	276	mental impairment that constitutes a substantial impediment to
277	277	employment, but that is of a nature that rehabilitation services
278	278	may be expected to enable the individual to engage in a gainful
279	279	occupation.
280	280	(4) "Maintenance" means money payments not exceeding
281	281	the estimated cost of subsistence during vocational
282	282	rehabilitation.
283	283	(5) "Occupational license" means a license, permit, or
284	284	other written authorization required by a governmental entity as a
285	285	condition for engaging in an occupation.
286	286	(6) "Physical restoration" means medical, surgical,
287	287	or therapeutic treatment necessary to correct or substantially
288	288	reduce a substantial impediment to employment of an individual with
289	289	a disability within a reasonable period of time. The term includes
290	290	medical, surgical, dental, and psychiatric treatment, nursing
291	291	services, hospital care, convalescent home care, drugs, medical and
292	292	surgical supplies, and prosthetic appliances. The term excludes
293	293	treatment to cure acute or transitory conditions.
294	294	(7) "Prosthetic appliance" means an artificial device
295	295	necessary to support or replace a part of the body or to increase
296	296	the acuity of a sensory organ.
297	297	(8) "Rehabilitation training" means all necessary
298	298	training provided to an individual with a disability to compensate
299	299	for a substantial impediment to employment. The term includes
300	300	manual, preconditioning, prevocational, vocational, and
301	301	supplementary training and training to achieve broader and more
302	302	lucrative skills and capacities.
303	303	(9) "Substantial impediment to employment" means a
304	304	physical or mental condition that obstructs or impairs, or if not
305	305	corrected will probably obstruct or impair, an individual's
306	306	performance in an occupation.
307	307	(10) "Vocational rehabilitation" or "vocational
308	308	rehabilitation services" means services that are provided directly
309	309	by the department or through a public or private agency and that the
310	310	department determines are necessary to compensate an individual
311	311	with a disability for a substantial impediment to employment so
312	312	that the individual may engage in a remunerative occupation. The
313	313	terms include:
314	314	(A) medical and vocational diagnosis;
315	315	(B) vocational guidance, counseling, and
316	316	placement;
317	317	(C) rehabilitation training;
318	318	(D) physical restoration;
319	319	(E) transportation;
320	320	(F) occupational licenses;
321	321	(G) customary occupational tools and equipment;
322	322	(H) maintenance;
323	323	(I) training books and materials; and
324	324	(J) other goods and services for which the
325	325	department receives financial support under federal law.
326	326	Sec. 119.002. PURPOSE. It is the policy of this state to
327	327	provide vocational rehabilitation services to eligible individuals
328	328	with disabilities so that those individuals may prepare for and
329	329	engage in a gainful occupation.
330	330	Sec. 119.003. REHABILITATION COUNCIL OF TEXAS. (a) The
331	331	Rehabilitation Council of Texas operates in accordance with the
332	332	federal Rehabilitation Act Amendments of 1992, Pub. L. No. 102-569,
333	333	and the federal Rehabilitation Act Amendments of 1998, Pub. L. No.
334	334	105-220.
335	335	(b) The Rehabilitation Council of Texas shall report to and
336	336	advise the department on the council's activities and the results
337	337	of the council's work. For the purpose of performing its advisory
338	338	functions, the council shall work with the department, the
339	339	commissioner of assistive and rehabilitative services, and other
340	340	department staff.
341	341	(c) The executive commissioner shall adopt rules for the
342	342	administration of the council.
343	343	Sec. 119.004. RECEIPT AND DISBURSEMENT OF STATE AND FEDERAL
344	344	FUNDS. (a) The comptroller is custodian of federal funds received
345	345	by the state to implement federal law relating to vocational
346	346	rehabilitation.
347	347	(b) The executive commissioner shall certify for
348	348	disbursement funds available for the vocational rehabilitation
349	349	program in accordance with regulations.
350	350	(c) The comptroller shall disburse state and federal
351	351	vocational rehabilitation funds on certification by the executive
352	352	commissioner.
353	353	Sec. 119.005. GIFTS, DONATIONS, AND OTHER MONEY. (a) The
354	354	department shall deposit all money paid to the department under
355	355	this chapter in the state treasury. The money may be used only for
356	356	the administration of this chapter.
357	357	(b) The department may receive and use gifts and donations
358	358	for carrying out the purposes of this chapter. A person may not
359	359	receive payment for solicitation of any funds.
360	360	Sec. 119.006. MISUSE OF INFORMATION. Except for purposes
361	361	directly connected with the administration of the vocational
362	362	rehabilitation program and according to department rules, no person
363	363	may solicit, disclose, receive, use, or knowingly permit the use of
364	364	records or other information concerning an applicant for or
365	365	recipient of vocational rehabilitation services that is directly or
366	366	indirectly acquired by an officer or employee of the state or its
367	367	political subdivisions in the course of the person's official
368	368	duties.
369	369	Sec. 119.007. CRIMINAL HISTORY RECORD INFORMATION. (a)
370	370	The department may obtain criminal history record information from
371	371	the Texas Department of Criminal Justice and the Texas Department
372	372	of Public Safety if the criminal history records relate to:
373	373	(1) an applicant selected for employment with the
374	374	department whose potential duties include direct contact with
375	375	clients to provide vocational rehabilitation services;
376	376	(2) an applicant for vocational rehabilitation
377	377	services from the department; or
378	378	(3) a client receiving vocational rehabilitation
379	379	services under this chapter.
380	380	(b) The Texas Department of Criminal Justice and the Texas
381	381	Department of Public Safety on request shall supply to the
382	382	department criminal history record information relating to
383	383	applicants selected for employment with the department whose
384	384	potential duties include direct contact with clients to provide
385	385	vocational rehabilitation services, applicants for vocational
386	386	rehabilitation services from the department, or vocational
387	387	rehabilitation clients of the department. The department shall
388	388	treat all criminal history record information as privileged and
389	389	confidential and for department use only.
390	390	(c) The executive commissioner by rule shall establish
391	391	criteria for denying a person's application for employment with the
392	392	department to provide vocational rehabilitation services based on
393	393	criminal history record information obtained as authorized by this
394	394	section.
395	395	Sec. 119.008. HEARINGS. An applicant for or recipient of
396	396	vocational rehabilitation services who is aggrieved by an action or
397	397	inaction under this chapter is entitled to a hearing by the
398	398	department in accordance with law.
399	399	SUBCHAPTER B. GENERAL POWERS AND DUTIES
400	400	Sec. 119.051. VOCATIONAL REHABILITATION PROGRAM FOR
401	401	INDIVIDUALS WITH DISABILITIES. (a) The department shall conduct a
402	402	program to provide vocational rehabilitation services to eligible
403	403	individuals with disabilities.
404	404	(b) To achieve the purposes of the program, the department
405	405	may:
406	406	(1) cooperate with other public and private agencies
407	407	in studying the problems involved in providing vocational
408	408	rehabilitation and in establishing, developing, and providing
409	409	necessary or desirable facilities and services;
410	410	(2) enter into reciprocal agreements with other states
411	411	to provide vocational rehabilitation for the residents of the
412	412	states concerned; and
413	413	(3) conduct research and compile statistics relating
414	414	to the vocational rehabilitation of individuals with disabilities.
415	415	Sec. 119.052. COOPERATION WITH FEDERAL GOVERNMENT;
416	416	OBTAINING FEDERAL FUNDS. (a) The department shall cooperate with
417	417	the federal government to accomplish the purposes of federal laws
418	418	relating to vocational rehabilitation for individuals with
419	419	disabilities and closely related activities.
420	420	(b) The department shall negotiate agreements or plans with
421	421	the federal government and shall use efficient methods of
422	422	administration and comply with other conditions required to secure
423	423	the full benefits of the federal laws. If the department determines
424	424	that a provision of state law precludes conformity with a federal
425	425	requirement and limits federal financial support, the department
426	426	may waive or modify the state law to the extent necessary to obtain
427	427	the full benefits of the federal law.
428	428	(c) The department may comply with any requirements
429	429	necessary to obtain federal funds to be used for vocational
430	430	rehabilitation services in the maximum amount and most advantageous
431	431	proportion possible.
432	432	Sec. 119.053. CONTRACTS FOR SERVICE. (a) The department
433	433	shall include in its contracts with service providers under this
434	434	chapter provisions relating to:
435	435	(1) clearly defined and measurable program
436	436	performance standards that directly relate to the service provided;
437	437	(2) clearly defined penalties for nonperformance of a
438	438	contract term; and
439	439	(3) clearly specified accounting, reporting, and
440	440	auditing requirements applicable to money received under the
441	441	contract.
442	442	(b) The department shall monitor a service provider's
443	443	performance under a contract for service under this chapter. In
444	444	monitoring performance, the department shall:
445	445	(1) use a risk-assessment methodology to institute
446	446	statewide monitoring of contract compliance of service providers;
447	447	and
448	448	(2) evaluate service providers based on clearly
449	449	defined and measurable program performance objectives.
450	450	Sec. 119.054. RATES FOR MEDICAL SERVICES. (a) The
451	451	executive commissioner by rule shall adopt standards governing the
452	452	determination of rates paid for medical services provided under
453	453	this chapter. The rules must provide for an annual reevaluation of
454	454	the rates.
455	455	(b) The executive commissioner shall establish a schedule
456	456	of rates based on the standards adopted under Subsection (a). In
457	457	adopting the rate schedule, the executive commissioner shall:
458	458	(1) compare the proposed rate schedule to other
459	459	cost-based and resource-based rates for medical services,
460	460	including rates paid under the Medicaid and Medicare programs; and
461	461	(2) for any rate adopted that exceeds the Medicaid or
462	462	Medicare rate for the same or a similar service, document the
463	463	reasons why the adopted rate reflects consideration of the best
464	464	value, provider availability, and consumer choice.
465	465	(c) The executive commissioner shall provide notice to
466	466	interested persons and allow those persons to present comments
467	467	before adopting the standards and schedule of rates under
468	468	Subsections (a) and (b).
469	469	Sec. 119.055. CONTRACT PAYMENT. The department shall base
470	470	payment under a contract for vocational rehabilitation services on
471	471	outcome-based performance standards defined in the contract.
472	472	Sec. 119.056. CONTRACTS FOR ADAPTIVE TECHNOLOGY. The
473	473	department shall include in a contract under this chapter with a
474	474	supplier of adaptive technology equipment provisions that require
475	475	the supplier to provide training for clients receiving the adaptive
476	476	technology equipment.
477	477	Sec. 119.057. LOANS FOR VISUAL AIDS. (a) The department
478	478	may establish a program to make loans to finance the purchase of
479	479	technological aids for individuals with visual impairments.
480	480	Interest on the loans may not exceed 10 percent per year.
481	481	(b) The executive commissioner may adopt rules to
482	482	administer the loan program.
483	483	Sec. 119.058. SUBROGATION. (a) By providing a person
484	484	rehabilitation services, including medical care services, under
485	485	this subchapter, the department is subrogated to the person's right
486	486	of recovery from:
487	487	(1) personal insurance;
488	488	(2) another person for personal injury caused by the
489	489	other person's negligence or wrongdoing; or
490	490	(3) any other source.
491	491	(b) The department's right of subrogation is limited to the
492	492	cost of the services provided.
493	493	(c) The department may totally or partially waive the
494	494	department's right of subrogation when the department finds that
495	495	enforcement would tend to defeat the purpose of rehabilitation.
496	496	(d) The executive commissioner may adopt rules for the
497	497	enforcement of the department's right of subrogation.
498	498	Sec. 119.059. WORK INCENTIVES AND SUPPLEMENTAL SECURITY
499	499	INCOME (SSI). The department shall employ a person at the
500	500	department's central office to:
501	501	(1) train counselors to understand and use work
502	502	incentives; and
503	503	(2) review cases to ensure that department clients are
504	504	informed of the availability of and assisted in obtaining work
505	505	incentives and Supplemental Security Income (SSI) (42 U.S.C.
506	506	Section 1381 et seq.).
507	507	SUBCHAPTER C. VOCATIONAL REHABILITATION SERVICES
508	508	Sec. 119.101. INTEGRATION OF VOCATIONAL REHABILITATION
509	509	PROGRAMS. (a) Subject to federal approval, the department shall
510	510	integrate into a single vocational rehabilitation program the
511	511	following programs that are operated under the federal
512	512	Rehabilitation Act of 1973 (29 U.S.C. Sections 720 through 751):
513	513	(1) the vocational rehabilitation program for
514	514	individuals with visual impairments; and
515	515	(2) the vocational rehabilitation program for
516	516	individuals with other disabilities.
517	517	(b) Not later than September 1, 2016, to facilitate the
518	518	integration of the vocational rehabilitation programs identified
519	519	in Subsection (a), the department shall at a minimum:
520	520	(1) reorganize the department's vocational
521	521	rehabilitation services in order to provide services based on an
522	522	individual's functional need instead of an individual's type of
523	523	disability;
524	524	(2) develop a plan to support specialization of
525	525	vocational rehabilitation counselors in serving different client
526	526	populations, including sufficient specialization in individuals
527	527	with visual impairments to maintain expertise in serving that
528	528	population;
529	529	(3) redesign performance measures for the provision of
530	530	vocational rehabilitation services;
531	531	(4) consolidate policies for the provision of
532	532	vocational rehabilitation services; and
533	533	(5) recommend the adoption of any rules necessary to
534	534	implement this section.
535	535	(c) This section expires September 1, 2017.
536	536	Sec. 119.102. ELIGIBILITY FOR VOCATIONAL REHABILITATION
537	537	SERVICES. The department shall provide vocational rehabilitation
538	538	services to individuals with disabilities eligible for those
539	539	services under federal law.
540	540	Sec. 119.103. PROVISION OF VOCATIONAL REHABILITATION
541	541	SERVICES. (a) The executive commissioner by rule shall establish
542	542	and maintain guidelines for providing vocational rehabilitation
543	543	services that are consistent with state and federal laws and that
544	544	include:
545	545	(1) a system of organization for the delivery of
546	546	vocational rehabilitation services statewide;
547	547	(2) eligibility requirements for vocational
548	548	rehabilitation services;
549	549	(3) requirements for the rehabilitation planning
550	550	process;
551	551	(4) the types of services that may be provided to a
552	552	client through a vocational rehabilitation program; and
553	553	(5) requirements for client participation in the costs
554	554	of vocational rehabilitation services, including documentation
555	555	that a client has sought benefits for which the client is eligible
556	556	from sources other than the department and that may assist the
557	557	client in obtaining vocational rehabilitation goods or services.
558	558	(b) The department shall annually assess the effectiveness
559	559	of the state's vocational rehabilitation program.
560	560	Sec. 119.104. TRAINING AND SUPERVISION OF COUNSELORS. (a)
561	561	The department shall provide specific guidance to vocational
562	562	rehabilitation counselors in:
563	563	(1) selecting vocational objectives according to a
564	564	client's skills, experience, and knowledge;
565	565	(2) documenting a client's impediment to employment;
566	566	(3) selecting rehabilitation services that are
567	567	reasonable and necessary to achieve a client's vocational
568	568	objective;
569	569	(4) measuring client progress toward the vocational
570	570	objective, including the documented, periodic evaluation of the
571	571	client's rehabilitation and participation; and
572	572	(5) determining eligibility of employed and
573	573	unemployed applicants for rehabilitation services using criteria
574	574	defined by department rule to document whether a client is
575	575	substantially underemployed or at risk of losing employment.
576	576	(b) The executive commissioner by rule shall require
577	577	monitoring and oversight of vocational rehabilitation counselor
578	578	performance and decision making in accordance with this section.
579	579	Sec. 119.105. SPECIALIZED TRAINING FOR CERTAIN EMPLOYEES.
580	580	(a) The department shall establish and require employee
581	581	participation in a specialized training program for certain
582	582	employees, including vocational rehabilitation transition
583	583	specialists and transition counselors, whose duties involve
584	584	assisting youth with disabilities to transition to post-schooling
585	585	activities, services for adults, or community living.
586	586	(b) The training program must provide employees with
587	587	information regarding:
588	588	(1) supports and services available from health and
589	589	human services agencies, as defined by Section 531.001, Government
590	590	Code, for:
591	591	(A) youth with disabilities who are
592	592	transitioning into post-schooling activities, services for adults,
593	593	or community living; and
594	594	(B) adults with disabilities;
595	595	(2) community resources available to improve the
596	596	quality of life for:
597	597	(A) youth with disabilities who are
598	598	transitioning into post-schooling activities, services for adults,
599	599	or community living; and
600	600	(B) adults with disabilities; and
601	601	(3) other available resources that may remove
602	602	transitional barriers for youth with disabilities who are
603	603	transitioning into post-schooling activities, services for adults,
604	604	or community living.
605	605	(c) In developing the training program required by this
606	606	section, the department shall collaborate with health and human
607	607	services agencies, as defined by Section 531.001, Government Code,
608	608	as necessary.
609	609	Sec. 119.106. PAYMENT OF SHIFT DIFFERENTIALS. The
610	610	executive commissioner by rule may develop and implement policies
611	611	allowing shift differentials to be paid to employees in the
612	612	vocational rehabilitation program under this chapter.
613	613	Sec. 119.107. CLIENT ORIENTATION MATERIALS. The department
614	614	shall develop and distribute at intake client orientation materials
615	615	for the vocational rehabilitation program that include information
616	616	on the department's decision-making criteria.
617	617	Sec. 119.108. COORDINATION WITH TEXAS EDUCATION AGENCY.
618	618	(a) For purposes of this section, "transition services" means
619	619	services provided to students with disabilities to assist the
620	620	students in making the transition from secondary school to
621	621	postsecondary education programs or competitive integrated
622	622	employment.
623	623	(b) The department and the Texas Education Agency shall
624	624	collaborate to develop a mechanism to identify the areas of the
625	625	state with the greatest needs for transition services for students
626	626	with disabilities. The mechanism must account for the department's
627	627	limited resources and a school district's needs, including:
628	628	(1) the school district's resources for special
629	629	education;
630	630	(2) the number of students with disabilities in the
631	631	school district; and
632	632	(3) other factors that the department and the Texas
633	633	Education Agency consider important.
634	634	(c) The department and the Texas Education Agency shall
635	635	update the mechanism developed under Subsection (b) on a periodic
636	636	basis.
637	637	(d) The department shall develop uniform, statewide
638	638	policies for transition services that include:
639	639	(1) the goal that a transition counselor initiate
640	640	contact with a student approximately three years before the student
641	641	is expected to graduate from high school;
642	642	(2) the minimum level of services to be provided to a
643	643	student at the time that a transition counselor initiates contact
644	644	with the student;
645	645	(3) standards, based on the mechanism developed under
646	646	Subsection (b), for assigning a transition counselor to a school
647	647	that ensure consistency among regions but that are not too
648	648	restrictive;
649	649	(4) expectations for transition counselors to develop
650	650	relationships with school personnel, including the employee
651	651	designated to serve as the school district's designee on transition
652	652	and employment services under Section 29.011(b), Education Code;
653	653	and
654	654	(5) expectations for regional department staff to work
655	655	with education service center representatives on a regular basis to
656	656	identify areas of greatest need and to discuss local strategies for
657	657	coordination between transition counselors and schools.
658	658	(e) The department and the Texas Education Agency shall
659	659	enter into a memorandum of understanding to comply with the
660	660	policies under this section and to improve coordination between the
661	661	agencies. The memorandum of understanding must include:
662	662	(1) strategies to better inform transition clients,
663	663	clients' families, and school personnel regarding the department's
664	664	available services and contact information for department
665	665	transition counselors; and
666	666	(2) a process to be used by the department and the
667	667	Texas Education Agency to develop and update the mechanism used to
668	668	identify students who may need services.
669	669	(f) Not later than September 1, 2016, the department and the
670	670	Texas Education Agency shall develop the mechanism required in
671	671	Subsection (b) and enter into the memorandum of understanding
672	672	required in Subsection (e), and the department shall develop the
673	673	policies described in Subsection (d). This subsection expires
674	674	September 1, 2017.
675	675	CHAPTER 121. SOCIAL SECURITY DISABILITY DETERMINATION SERVICES
676	676	Sec. 121.001. COOPERATION WITH FEDERAL GOVERNMENT ON SOCIAL
677	677	SECURITY DISABILITY DETERMINATION SERVICES. To the extent
678	678	resources are made available by the federal government, the
679	679	department may make agreements, arrangements, or plans to cooperate
680	680	with the federal government in carrying out the purposes of any
681	681	federal statute pertaining to the disability determination
682	682	function under the Social Security Act.
683	683	Sec. 121.002. METHODS OF ADMINISTRATION. To achieve the
684	684	purposes of Section 121.001, the executive commissioner shall adopt
685	685	methods of administration that:
686	686	(1) are found by the federal government to be
687	687	necessary to the disability determination function; and
688	688	(2) are not contrary to existing state laws.
689	689	SECTION 11. Chapter 94, Human Resources Code, is
690	690	transferred to Title 7-A, Human Resources Code, as added by this
691	691	Act, redesignated as Chapter 120, Human Resources Code, and amended
692	692	to read as follows:
693	693	CHAPTER 120 [94]. VENDING FACILITIES OPERATED BY BLIND PERSONS
694	694	Sec. 120.001 [94.001]. DEFINITIONS. In this chapter:
695	695	(1) "Blind person" means a person having not more than
696	696	20/200 visual acuity in the better eye with correcting lenses or
697	697	visual acuity greater than 20/200 but with a limitation in the field
698	698	of vision such that the widest diameter of the visual field subtends
699	699	an angle no greater than 20 degrees.
700	700	(2) "Vending facility" means a facility in which food,
701	701	drinks, drugs, novelties, souvenirs, tobacco products, notions, or
702	702	related items are sold regularly. The term excludes facilities
703	703	consisting solely of vending machines that do not compete directly
704	704	or indirectly with a facility that is or could be operated by a
705	705	[vocationally handicapped] person with a disability.
706	706	(3) "State property" means land and buildings owned,
707	707	leased, or otherwise controlled by the state.
708	708	(4) "Agency" means the state agency in charge of state
709	709	property.
710	710	(5) "Disability" ["Handicapped"] means a physical or
711	711	mental condition that the department [commission or rehabilitation
712	712	commission] determines to constitute a substantial vocational
713	713	disadvantage.
714	714	[(6) "Commission" means the Texas Commission for the
715	715	Blind.
716	716	[(7) "Rehabilitation commission" means the Texas
717	717	Rehabilitation Commission.]
718	718	Sec. 120.002 [94.002]. LICENSE OR PERMIT REQUIRED. (a) No
719	719	person may operate a vending facility or a facility with vending
720	720	machines or other coin-operated devices on state property unless
721	721	the person is licensed to do so by the department [commission] or is
722	722	authorized to do so by an agency granted a permit to arrange for
723	723	vending facilities.
724	724	(b) Subsection (a) [of this section] does not apply to a
725	725	building in which the Texas Facilities [State Purchasing and
726	726	General Services] Commission leases space to a private tenant under
727	727	Subchapter E, Chapter 2165, Government Code.
728	728	Sec. 120.003 [94.003]. LICENSING PROCEDURE. (a) On its
729	729	own initiative or at the request of an agency that controls state
730	730	property, the department [commission] shall survey the property, or
731	731	blueprints and other available information concerning the
732	732	property, to determine whether the installation of a vending
733	733	facility is feasible and consonant with the department's
734	734	[commission's] vocational rehabilitation objectives.
735	735	(b) If the installation of the facility is feasible, the
736	736	department [commission] shall either license a blind person to
737	737	operate a facility to be installed by the department [commission]
738	738	or [allow the rehabilitation commission to] install a facility to
739	739	be operated by a [handicapped] person with a disability who is not
740	740	blind according to rules and procedures [comparable to those]
741	741	adopted by the executive commissioner [commission. The commission
742	742	and the rehabilitation commission may enter into agreements
743	743	relating to management services and related forms of necessary
744	744	assistance].
745	745	Sec. 120.004 [94.004]. LOCATION OF VENDING FACILITIES. (a)
746	746	With the concurrence of the agency in charge of state property, the
747	747	department [commission] shall designate the location of vending
748	748	facilities that have been requested by the agency.
749	749	(b) The agency responsible for state property shall alter
750	750	the property to make it suitable for the proper operation of the
751	751	vending facilities. To this end, the agency in charge of
752	752	constructing new state property shall consult with the department
753	753	[commission] during the planning stage on the construction.
754	754	Sec. 120.005 [94.005]. ISSUANCE OF LICENSES; ELIGIBILITY.
755	755	(a) The department [commission] may issue a license to operate its
756	756	vending facilities on state property to blind citizens of the state
757	757	who are capable of operating the facilities in a manner that is
758	758	reasonably satisfactory to all parties concerned.
759	759	(b) Before issuing a license to a person, the department
760	760	[commission] shall determine whether the person has the physical,
761	761	psychological, and personal traits and abilities required to
762	762	operate a vending facility in a satisfactory manner.
763	763	(c) The department [commission] shall maintain a roster of
764	764	the names of each person who has been certified as suitable for
765	765	licensing. If two or more equally qualified persons are listed on
766	766	the roster and apply for a license to operate an available vending
767	767	facility, the department [commission] shall issue the license to
768	768	the person who is most in need of employment.
769	769	(d) The granting of a license does not vest the licensee
770	770	with property or other rights which may constitute the basis of a
771	771	cause of action, at law or in equity, against the state or its
772	772	officers or employees.
773	773	Sec. 120.006 [94.006]. EXPIRATION, RENEWAL, AND REVOCATION
774	774	OF LICENSES. (a) A license or general permit to operate a vending
775	775	facility on state property is valid for a period of three years from
776	776	the date it is issued.
777	777	(b) The department [commission] shall review each license
778	778	or permit prior to its expiration and shall issue a new or different
779	779	license or permit as the circumstances warrant.
780	780	(c) The department [commission] and the agency may consent
781	781	mutually to revoke a general permit prior to its expiration if
782	782	changed circumstances warrant that action.
783	783	(d) A blind person's wilful failure to comply with the
784	784	department's [commission's] rules or the provisions of this chapter
785	785	constitutes grounds for the automatic revocation of the person's
786	786	license.
787	787	(e) The executive commissioner [commission] shall adopt
788	788	substantive and procedural rules governing the revocation of
789	789	licenses.
790	790	Sec. 120.007 [94.007]. OPERATION OF VENDING FACILITIES BY
791	791	CERTAIN PERSONS WHO ARE NOT BLIND [UNDER THE REHABILITATION
792	792	COMMISSION]. [(a)] If the department [commission] determines that
793	793	a blind person could not properly operate a vending facility at a
794	794	particular location, the department [rehabilitation commission]
795	795	may survey the property to determine whether a [handicapped] person
796	796	with a [whose] disability that is not of a visual nature could
797	797	operate the facility in a proper manner.
798	798	[(b) The commission and the rehabilitation commission may
799	799	develop procedures and methods of exchanging information necessary
800	800	to implement cooperative activities.
801	801	[(c) The installation and operation of a vending facility by
802	802	the rehabilitation commission must conform to the provisions of
803	803	this chapter applicable to vending facilities installed by the
804	804	commission.]
805	805	Sec. 120.008 [94.008]. CLOSING CERTAIN FACILITIES
806	806	PROHIBITED. Neither a vending facility operated by an [a blind or
807	807	otherwise vocationally handicapped] individual with a disability,
808	808	nor a vending facility location surveyed by the department,
809	809	[commission] may be closed as a result of the transfer of state
810	810	property from one agency to another, the alteration of a state
811	811	building, or the reorganization of a state agency unless the
812	812	department [commission or the rehabilitation commission] agrees to
813	813	the closing.
814	814	Sec. 120.009 [94.009]. EMPLOYMENT OF ASSISTANTS. (a) If
815	815	an individual licensed to operate a vending facility on state
816	816	property requires an assistant, a qualified [visually handicapped]
817	817	person with a disability of a visual nature must be given preference
818	818	for employment. If the department [commission] determines that a
819	819	[visually handicapped] person with a disability of a visual nature
820	820	could not perform the labor for which an assistant is required, or
821	821	if a [visually handicapped] person with a disability of a visual
822	822	nature is not available, a [handicapped] person with a [whose]
823	823	disability that is not of a visual nature must be given preference
824	824	for employment. If no [handicapped] person with a disability is
825	825	available for the job, preference must be given to a person who is
826	826	socially, culturally, economically, or educationally
827	827	disadvantaged.
828	828	(b) An assistant employed by a blind person licensed by the
829	829	department [commission] must be approved by the department
830	830	[commission], and the deliberate refusal of a blind licensee to
831	831	comply with this section constitutes grounds for the revocation of
832	832	his or her license.
833	833	Sec. 120.010 [94.010]. COMPETING VENDING MACHINES. (a) If
834	834	the department [commission] and an agency agree to the installation
835	835	and operation of an additional vending facility or vending machine
836	836	on property that already has a department-sponsored
837	837	[commission-sponsored] vending facility, no additional permit or
838	838	license is required. However, the installation of a competing
839	839	vending facility consisting of vending machines or other
840	840	coin-operated devices must be authorized by the department
841	841	[commission]. The department's [commission's] authorization must
842	842	be made with a view toward providing the greatest economic benefits
843	843	for blind persons consonant with supplying the additional services
844	844	required at the building.
845	845	(b) State agencies shall cooperate and negotiate in good
846	846	faith to accomplish the purposes of this chapter.
847	847	(c) Individuals with disabilities [Vocationally
848	848	handicapped individuals] who operate vending facilities on state
849	849	property are entitled to receive all commissions from vending
850	850	machines installed on the same property. If two or more vending
851	851	facilities are operated by individuals with disabilities
852	852	[vocationally handicapped persons] in a building in which vending
853	853	machines are installed, the department [commission] shall divide
854	854	the commissions from the vending machines among the [handicapped]
855	855	operators with disabilities in a manner that will achieve equity
856	856	and equality in the incomes of those [the handicapped] operators.
857	857	If the department has [commission and the rehabilitation commission
858	858	have] decided not to locate a vending facility in a building, the
859	859	agency to whom a general permit has been issued shall determine the
860	860	assignment of the commissions from vending machines installed in
861	861	the building.
862	862	Sec. 120.011 [94.011]. VENDING FACILITY EQUIPMENT AND
863	863	STOCK. (a) The department [commission] may supply a blind vending
864	864	facility operator with equipment and initial stock necessary for
865	865	the operator to begin business.
866	866	(b) The department [commission] shall collect and set aside
867	867	from the proceeds of the operation of its vending facilities enough
868	868	money:
869	869	(1) to insure a sufficient amount of initial stock for
870	870	the facilities and for their proper maintenance;
871	871	(2) to pay the costs of supervision and other expenses
872	872	incidental to the operation of the facilities; and
873	873	(3) to pay other program costs to the extent necessary
874	874	to assure fair and equal treatment of the blind persons licensed to
875	875	operate the facilities and to the extent allowed under federal
876	876	programs that provide financial support to the department
877	877	[commission].
878	878	(c) Except for purchasing and installing original
879	879	equipment, the operation of department-sponsored
880	880	[commission-sponsored] vending facilities must be as
881	881	self-supporting and self-sustaining as possible. To achieve this
882	882	end, the department [commission] shall periodically review and,
883	883	when necessary, revise its schedules for collecting and setting
884	884	aside money from the proceeds of its vending facilities.
885	885	Sec. 120.012 [94.012]. DUTIES AND PRIVILEGES OF PARTIES.
886	886	(a) The executive commissioner [commission] may promulgate rules
887	887	and the department may initiate procedures necessary to implement
888	888	this chapter.
889	889	(b) A blind person licensed to operate a vending facility on
890	890	state property shall operate the facility in accordance with law
891	891	and the department's [commission's] rules and policies.
892	892	(c) The agency in charge of state property shall cooperate
893	893	with the department [commission] and its blind licensees to
894	894	accomplish the purposes of this chapter. The agency shall also
895	895	furnish all necessary utility service, including connections and
896	896	outlets required for the installation of the facility, janitorial
897	897	and garbage disposal services where feasible, and other related
898	898	assistance.
899	899	Sec. 120.013 [94.013]. TRAINING PROGRAMS. The department
900	900	[commission] may establish training or experimentation locations
901	901	necessary to train blind persons who desire to be licensed to
902	902	operate vending facilities and to develop techniques which will
903	903	allow blind persons to operate the facilities or related types of
904	904	small businesses more efficiently and productively.
905	905	Sec. 120.014 [94.014]. CONFORMITY WITH FEDERAL STATUTES.
906	906	(a) This chapter shall be construed in a manner consistent with the
907	907	requirements of federal programs that provide financial assistance
908	908	to the department [commission].
909	909	(b) If a provision of this chapter conflicts with a federal
910	910	program requirement, the department [commission] may waive or
911	911	modify the provision to the extent necessary to secure the full
912	912	benefits of the federal program.
913	913	Sec. 120.015 [94.015]. APPLICATION OF CHAPTER. (a) This
914	914	chapter does not apply to:
915	915	(1) property over which the federal government
916	916	maintains partial or complete control;
917	917	(2) property maintained and operated by
918	918	state-supported institutions of higher education; provided,
919	919	however, that the department [commission] may enter into agreements
920	920	with state institutions of higher education concerning the use of
921	921	blind labor in vending facilities at the institutions; or
922	922	(3) property purchased by the state or an agency of the
923	923	state, property to which title is transferred from one state agency
924	924	to another, or property control of which is transferred from one
925	925	state agency to another, if:
926	926	(A) at the time of purchase or transfer of title
927	927	or control, a vending facility is being operated on the property
928	928	under lease, license, or contract; and
929	929	(B) prior to the time of purchase or transfer of
930	930	title or control, the provisions of this chapter were rendered
931	931	inapplicable to such property by this section or other law.
932	932	(b) This chapter does not apply to vending facilities
933	933	operated by an institution for persons with mental illness or
934	934	intellectual disabilities that is under the control of the
935	935	Department of State Health Services, the Department of Aging and
936	936	Disability Services, or a successor to one of those departments
937	937	[Texas Department of Mental Health and Mental Retardation, or its
938	938	successor], if the vending facilities are operated without profit
939	939	for the benefit of the patients at the institution.
940	940	(c) This chapter does not prohibit the department
941	941	[commission] from selecting blind persons to operate other suitable
942	942	types of vending facilities or business enterprises, and the
943	943	chapter does not prohibit the installation of automated vending
944	944	facilities serviced by blind persons.
945	945	Sec. 120.016 [94.016]. BUSINESS ENTERPRISES PROGRAM. (a)
946	946	The department [commission] is authorized to administer the
947	947	Business Enterprises Program in accordance with the provisions of
948	948	the Randolph-Sheppard Act (20 U.S.C. Section 107 et seq.).
949	949	(b) The department [commission] is authorized to administer
950	950	a retirement program for individuals licensed to operate vending
951	951	facilities in accordance with applicable state and federal laws.
952	952	(c) A trust fund for a retirement program for individuals
953	953	licensed to operate vending facilities under the Business
954	954	Enterprises Program is established with the comptroller [of public
955	955	accounts]. This trust fund will be set up in the state treasury.
956	956	(d) All federal vending machine income shall be credited to
957	957	this Business Enterprises Program trust fund. Vending machine
958	958	income, as defined by 34 C.F.R. Section 395.1(z), means receipts
959	959	(other than those of a blind vendor) from vending machine
960	960	operations on federal property, after deducting the cost of goods
961	961	sold (including reasonable service and maintenance costs) in
962	962	accordance with customary business practices of commercial vending
963	963	concerns, where the machines are operated, serviced, or maintained
964	964	by, or with the approval of, a department, agency, or
965	965	instrumentality of the United States, or commissions paid (other
966	966	than to a blind vendor) by a commercial vending concern which
967	967	operates, services, and maintains vending machines on federal
968	968	property for, or with the approval of, a department, agency, or
969	969	instrumentality of the United States.
970	970	(e) All expenditures authorized by the Randolph-Sheppard
971	971	Act from federal vending revenue funds shall be paid from the
972	972	Business Enterprises Program trust fund.
973	973	(f) The department [commission] may contract with a
974	974	professional management service to administer the Business
975	975	Enterprises Program trust fund. In administering the trust fund,
976	976	the professional management service may acquire, exchange, sell, or
977	977	retain any kind of investment that a prudent investor, exercising
978	978	reasonable care, skill, and caution, would acquire, exchange, sell,
979	979	or retain under the circumstances, taking into consideration the
980	980	investment of all the assets of the trust fund.
981	981	(g) With the approval of the comptroller, the department
982	982	[commission] may select a commercial bank, depository trust
983	983	company, or other entity to serve as a custodian of the Business
984	984	Enterprises Program trust fund's securities, and money realized
985	985	from those securities, pending completion of an investment
986	986	transaction. Money realized from those securities must be:
987	987	(1) reinvested not later than one business day after
988	988	the date it is received; or
989	989	(2) deposited in the treasury not later than the fifth
990	990	business day after the date it is received.
991	991	SECTION 12. Section 21.0015, Labor Code, is amended to read
992	992	as follows:
993	993	Sec. 21.0015. TEXAS WORKFORCE COMMISSION [CIVIL RIGHTS
994	994	DIVISION]. The powers and duties exercised by the Commission on
995	995	Human Rights under this chapter are transferred to the Texas
996	996	Workforce Commission [civil rights division]. A reference in this
997	997	chapter to the "commission" means the Texas Workforce Commission
998	998	[civil rights division].
999	999	SECTION 13. Section 21.206, Labor Code, is amended to read
1000	1000	as follows:
1001	1001	Sec. 21.206. DETERMINATION OF REASONABLE CAUSE; REVIEW BY
1002	1002	COMMISSION [PANEL]. (a) If after investigation the executive
1003	1003	director or the executive director's designee determines that there
1004	1004	is reasonable cause to believe that the respondent engaged in an
1005	1005	unlawful employment practice as alleged in a complaint, the
1006	1006	executive director or the executive director's designee shall
1007	1007	review with the commission members [a panel of three commissioners]
1008	1008	the evidence in the record.
1009	1009	(b) If after the review at least two of the three commission
1010	1010	members [commissioners] determine that there is reasonable cause to
1011	1011	believe that the respondent engaged in an unlawful employment
1012	1012	practice, the executive director shall:
1013	1013	(1) issue a written determination incorporating the
1014	1014	executive director's finding that the evidence supports the
1015	1015	complaint; and
1016	1016	(2) serve a copy of the determination on the
1017	1017	complainant, the respondent, and other agencies as required by law.
1018	1018	SECTION 14. Section 21.453, Labor Code, is amended by
1019	1019	amending Subsection (a) and adding Subsection (a-1) to read as
1020	1020	follows:
1021	1021	(a) Except as provided by Subsection (a-1), the [The]
1022	1022	commission shall review the personnel policies and procedures of
1023	1023	each state agency on a six-year cycle to determine whether the
1024	1024	policies and procedures comply with this chapter.
1025	1025	(a-1) The commission by rule shall develop risk-assessment
1026	1026	criteria for determining the circumstances under which the
1027	1027	commission may conduct a review of the personnel policies and
1028	1028	procedures of a state agency more frequently than required by
1029	1029	Subsection (a). The risk-assessment criteria must include:
1030	1030	(1) data on complaints against a state agency;
1031	1031	(2) previous review findings; and
1032	1032	(3) any other related information collected and
1033	1033	maintained by the commission.
1034	1034	SECTION 15. Section 21.455, Labor Code, is amended by
1035	1035	adding Subsection (d) to read as follows:
1036	1036	(d) Annually, the commission shall:
1037	1037	(1) review the reimbursements received by the
1038	1038	commission under this section to ensure that the commission
1039	1039	recovers the expenses described by Subsection (a); and
1040	1040	(2) adjust the reimbursement rate if, as a result of
1041	1041	the most recent annual review, the commission determines that the
1042	1042	reimbursement rate is higher or lower than the rate required to
1043	1043	recover those expenses.
1044	1044	SECTION 16. Chapter 214, Labor Code, is amended by adding
1045	1045	Section 214.009 to read as follows:
1046	1046	Sec. 214.009. RECOVERY OF COVERED UNEMPLOYMENT
1047	1047	COMPENSATION DEBT THROUGH FEDERAL TREASURY OFFSET PROGRAM. (a) In
1048	1048	this section, "program" means the federal Treasury Offset Program
1049	1049	authorized by 26 U.S.C. Section 6402(f).
1050	1050	(b) The commission may collect the following covered
1051	1051	unemployment compensation debt through the program:
1052	1052	(1) a past-due debt for erroneous payment of benefits
1053	1053	due to fraud that has become final under law and remains
1054	1054	uncollected;
1055	1055	(2) a past-due debt for erroneous payment of benefits
1056	1056	due to a person's failure to report earnings, even if
1057	1057	non-fraudulent, that has become final under law and remains
1058	1058	uncollected;
1059	1059	(3) a past-due employer contribution owed to the
1060	1060	compensation fund for which the commission has determined the
1061	1061	person to be liable and that remains uncollected; and
1062	1062	(4) any penalties and interest assessed by the
1063	1063	commission on a debt described by Subdivision (1), (2), or (3).
1064	1064	(c) Before submitting covered unemployment compensation
1065	1065	debt for recovery under the program, the commission must:
1066	1066	(1) notify the debtor by regular United States mail
1067	1067	that the commission plans to recover the debt through the offset of
1068	1068	any federal tax refund;
1069	1069	(2) provide the debtor at least 60 days following the
1070	1070	date the notice is provided under Subdivision (1) to present to the
1071	1071	commission evidence that all or part of the debt is not:
1072	1072	(A) legally enforceable;
1073	1073	(B) due to fraud or unreported earnings; or
1074	1074	(C) a contribution owed to the compensation fund;
1075	1075	and
1076	1076	(3) consider any evidence presented by the debtor to
1077	1077	determine the amount of debt that is legally enforceable and owed.
1078	1078	(d) In considering evidence presented by a debtor under
1079	1079	Subsection (c), the commission may determine only whether the
1080	1080	debtor has demonstrated that the debt is not subject to recovery
1081	1081	through the program so that the commission is able to minimize
1082	1082	erroneous offsets. The commission may not review the initial
1083	1083	determination establishing the debtor's liability.
1084	1084	(e) The commission shall assess against the debtor the cost
1085	1085	of any administrative fee charged by the United States Department
1086	1086	of the Treasury for each offset. The commission may add the
1087	1087	assessed amount to the covered unemployment compensation debt that
1088	1088	is offset under the program.
1089	1089	SECTION 17. Section 301.006(b), Labor Code, is amended to
1090	1090	read as follows:
1091	1091	(b) Notwithstanding Subsection (a), the member of the
1092	1092	commission who represents the public shall serve as chair:
1093	1093	(1) when the commission acts under:
1094	1094	(A) Chapter 21;
1095	1095	(B) Subchapter D, Chapter 61; [or]
1096	1096	(C) [(B)] Subchapter D, Chapter 212; or
1097	1097	(D) Chapter 301, Property Code; and
1098	1098	(2) in commission hearings involving unemployment
1099	1099	insurance issues regarding tax coverage, contributions, or
1100	1100	reimbursements.
1101	1101	SECTION 18. Section 301.008, Labor Code, is amended to read
1102	1102	as follows:
1103	1103	Sec. 301.008. APPLICATION OF SUNSET ACT. The Texas
1104	1104	Workforce Commission is subject to Chapter 325, Government Code
1105	1105	(Texas Sunset Act). Unless continued in existence as provided by
1106	1106	that chapter, the commission is abolished September 1, 2027 [2015].
1107	1107	SECTION 19. Section 301.009(a), Labor Code, is amended to
1108	1108	read as follows:
1109	1109	(a) The commission shall have:
1110	1110	(1) a division of workforce development; [and]
1111	1111	(2) a division of unemployment compensation; and
1112	1112	(3) a civil rights division.
1113	1113	SECTION 20. Subchapter D, Chapter 301, Labor Code, is
1114	1114	amended by adding Section 301.075 to read as follows:
1115	1115	Sec. 301.075. VOCATIONAL REHABILITATION AND CERTAIN OTHER
1116	1116	SERVICES FOR PERSONS WITH DISABILITIES. If the commission receives
1117	1117	federal approval to administer vocational rehabilitation services
1118	1118	and other services and programs to persons with disabilities under
1119	1119	Title 7-A, Human Resources Code, the commission has primary
1120	1120	responsibility for providing those services and programs.
1121	1121	SECTION 21. Section 301.153, Labor Code, is amended to read
1122	1122	as follows:
1123	1123	Sec. 301.153. GOVERNANCE; AUTHORITY [HUMAN RIGHTS
1124	1124	COMMISSION]. (a) [The division is governed by the human rights
1125	1125	commission, which consists of seven members as follows:
1126	1126	[(1) one member who represents industry;
1127	1127	[(2) one member who represents labor; and
1128	1128	[(3) five members who represent the public.
1129	1129	[(b) The members of the human rights commission established
1130	1130	under this section shall be appointed by the governor. In making
1131	1131	appointments to the human rights commission, the governor shall
1132	1132	strive to achieve representation on the human rights commission
1133	1133	that is diverse with respect to disability, religion, age, economic
1134	1134	status, sex, race, and ethnicity.
1135	1135	[(c) The term of office of each commissioner is six years.
1136	1136	The governor shall designate one commissioner to serve as presiding
1137	1137	officer.
1138	1138	[(d) A commissioner is entitled to reimbursement of actual
1139	1139	and necessary expenses incurred in the performance of official
1140	1140	duties.
1141	1141	[(e)] The [human rights] commission shall establish
1142	1142	policies for the division and the executive director shall
1143	1143	supervise the director in administering the activities of the
1144	1144	division.
1145	1145	(b) [(f)] The [human rights] commission is the state
1146	1146	authority established as a fair employment practice agency and is
1147	1147	authorized, with respect to an unlawful employment practice, to:
1148	1148	(1) grant relief from the practice;
1149	1149	(2) seek relief from the practice; or
1150	1150	(3) institute criminal proceedings.
1151	1151	(c) The commission shall administer Chapter 21 of this code
1152	1152	and Chapter 301, Property Code, including the powers and duties
1153	1153	formerly exercised by the former Commission on Human Rights under
1154	1154	those laws.
1155	1155	(d) A reference in Chapter 21 of this code, Chapter 301,
1156	1156	Property Code, or any other law to the former Commission on Human
1157	1157	Rights means the commission.
1158	1158	SECTION 22. Section 301.154(a), Labor Code, is amended to
1159	1159	read as follows:
1160	1160	(a) The director shall be appointed by the executive
1161	1161	director [human rights commission] to administer the powers and
1162	1162	duties of the division.
1163	1163	SECTION 23. Subchapter I, Chapter 301, Labor Code, is
1164	1164	amended by adding Section 301.157 to read as follows:
1165	1165	Sec. 301.157. ANALYSIS OF STATE AGENCY DISCRIMINATION
1166	1166	COMPLAINTS; REPORT. (a) Each state fiscal year, the division shall
1167	1167	collect and analyze information regarding employment
1168	1168	discrimination complaints, other than complaints determined to be
1169	1169	without merit, filed with the division against a state agency. The
1170	1170	information must include:
1171	1171	(1) an analysis of the complaints, both by number and
1172	1172	by type; and
1173	1173	(2) key findings or trends the division identifies
1174	1174	during the division's review of state agency personnel policies and
1175	1175	procedures under Section 21.453.
1176	1176	(b) The commission shall include the results of the
1177	1177	division's analysis under this section in the commission's annual
1178	1178	report to the governor and the legislature. The division shall
1179	1179	exclude from the report any identifying information of a
1180	1180	complainant or a state agency complaint as necessary to maintain
1181	1181	confidentiality required by the commission's contract with the
1182	1182	federal Equal Employment Opportunity Commission or by other law.
1183	1183	SECTION 24. Section 302.0043(f), Labor Code, is amended to
1184	1184	read as follows:
1185	1185	(f) Not later than January 15 of each odd-numbered year, the
1186	1186	commission shall report to the legislature regarding the
1187	1187	commission's findings regarding the effectiveness of the
1188	1188	commission's child care program. The report must:
1189	1189	(1) include employment outcome information,
1190	1190	disaggregated by local workforce development area, regarding
1191	1191	parents receiving subsidized care under the program; and
1192	1192	(2) identify multiyear trends in the information
1193	1193	collected and analyzed by the commission under this section,
1194	1194	including trends in the information for at least the five state
1195	1195	fiscal years preceding the date of the report.
1196	1196	SECTION 25. Subchapter A, Chapter 302, Labor Code, is
1197	1197	amended by adding Section 302.00435 to read as follows:
1198	1198	Sec. 302.00435. SUBSIDIZED CHILD CARE PROGRAM; INPUT
1199	1199	POLICY. The commission shall develop a policy for obtaining,
1200	1200	through appropriate methods, input from interested parties
1201	1201	regarding its subsidized child care program and for using that
1202	1202	input in administering that program.
1203	1203	SECTION 26. Section 301.0015, Property Code, is amended to
1204	1204	read as follows:
1205	1205	Sec. 301.0015. TEXAS WORKFORCE COMMISSION [CIVIL RIGHTS
1206	1206	DIVISION]. The powers and duties exercised by the Commission on
1207	1207	Human Rights under this chapter are transferred to the Texas
1208	1208	Workforce Commission [civil rights division]. A reference in this
1209	1209	chapter to the "commission" means the Texas Workforce Commission
1210	1210	[civil rights division].
1211	1211	SECTION 27. The following laws are repealed:
1212	1212	(1) Section 132.201(b), Education Code;
1213	1213	(2) Subchapter F, Chapter 419, Government Code;
1214	1214	(3) Section 91.016(e), Human Resources Code;
1215	1215	(4) Subchapter D, Chapter 91, Human Resources Code;
1216	1216	(5) Section 111.016, Human Resources Code;
1217	1217	(6) Section 111.0205, Human Resources Code;
1218	1218	(7) Section 111.053(b), Human Resources Code;
1219	1219	(8) Section 111.061, Human Resources Code;
1220	1220	(9) Subchapter D, Chapter 111, Human Resources Code;
1221	1221	(10) Section 117.058, Human Resources Code; and
1222	1222	(11) Sections 301.151(3) and 301.152, Labor Code.
1223	1223	SECTION 28. (a) Not later than September 1, 2016, the Texas
1224	1224	Workforce Commission shall adopt all rules, policies, and
1225	1225	procedures required by the changes in law made by this Act.
1226	1226	(b) Section 301.157, Labor Code, as added by this Act,
1227	1227	applies beginning with the annual report submitted to the governor
1228	1228	and the legislature by the Texas Workforce Commission that covers
1229	1229	the state fiscal year ending August 31, 2015.
1230	1230	SECTION 29. On the effective date of this Act, the human
1231	1231	rights commission that governed the Texas Workforce Commission
1232	1232	civil rights division under Section 301.153, Labor Code, before the
1233	1233	effective date of this Act is abolished. The validity of an action
1234	1234	taken by the human rights commission before that date is not
1235	1235	affected by the abolition. The changes in law made by this Act do
1236	1236	not affect a case or proceeding pending under Chapter 21, Labor
1237	1237	Code, or Chapter 301, Property Code, on the effective date of this
1238	1238	Act.
1239	1239	SECTION 30. (a) If the Texas Workforce Commission receives
1240	1240	federal approval to administer vocational rehabilitation services
1241	1241	and other services and programs under Title 7-A, Human Resources
1242	1242	Code, as added by this Act, on the date specified in the Texas
1243	1243	Register as required by Section 118.002(a)(2)(B), Human Resources
1244	1244	Code, as added by this Act:
1245	1245	(1) the services and programs and related powers,
1246	1246	duties, functions, and activities, including rulemaking authority,
1247	1247	are transferred to the Texas Workforce Commission;
1248	1248	(2) all obligations and contracts of the Department of
1249	1249	Assistive and Rehabilitative Services that are related to a
1250	1250	transferred service or program are transferred to the Texas
1251	1251	Workforce Commission;
1252	1252	(3) all property and records in the custody of the
1253	1253	Department of Assistive and Rehabilitative Services, including
1254	1254	information technology systems, that are related to a transferred
1255	1255	service or program and all funds appropriated by the legislature
1256	1256	for the service or program shall be transferred to the Texas
1257	1257	Workforce Commission; and
1258	1258	(4) all complaints, investigations, or contested
1259	1259	cases that are pending before the Department of Assistive and
1260	1260	Rehabilitative Services that are related to a transferred service
1261	1261	or program are transferred without change in status to the Texas
1262	1262	Workforce Commission.
1263	1263	(b) If a transfer of services and programs occurs under
1264	1264	Subsection (a) of this section, a rule or form adopted by the
1265	1265	executive commissioner of the Health and Human Services Commission
1266	1266	or the Department of Assistive and Rehabilitative Services, as
1267	1267	applicable, that relates to a transferred service or program is a
1268	1268	rule or form of the Texas Workforce Commission and remains in effect
1269	1269	until altered by the Texas Workforce Commission.
1270	1270	(c) If a transfer of services and programs occurs under
1271	1271	Subsection (a) of this section, a reference in law to the executive
1272	1272	commissioner of the Health and Human Services Commission or the
1273	1273	Department of Assistive and Rehabilitative Services that relates to
1274	1274	a transferred service or program means the Texas Workforce
1275	1275	Commission.
1276	1276	(d) If a transfer of services and programs occurs under
1277	1277	Subsection (a) of this section, a license, permit, or certification
1278	1278	in effect that was issued by the Department of Assistive and
1279	1279	Rehabilitative Services and that relates to a transferred service
1280	1280	or program is continued in effect as a license, permit, or
1281	1281	certification of the Texas Workforce Commission.
1282	1282	SECTION 31. As soon as possible after the effective date of
1283	1283	this Act, the Department of Assistive and Rehabilitative Services
1284	1284	and the Texas Workforce Commission shall actively seek federal
1285	1285	approval as required by Section 118.002, Human Resources Code, as
1286	1286	added by this Act, to transfer the administration of services and
1287	1287	programs under Title 7-A, Human Resources Code, as added by this
1288	1288	Act, from the department to the commission not later than September
1289	1289	1, 2016.
1290	1290	SECTION 32. The Department of Assistive and Rehabilitative
1291	1291	Services and the Texas Workforce Commission shall collaborate to
1292	1292	integrate the department's vocational rehabilitation programs into
1293	1293	a single vocational rehabilitation program as required by Section
1294	1294	119.101, Human Resources Code, as added by this Act.
1295	1295	SECTION 33. This Act takes effect September 1, 2015.