Texas 2021 - 87th Regular

Texas House Bill HB3287 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: González of El Paso, et al. H.B. No. 3287
2		-	(Senate Sponsor - Hughes)
3		-	(In the Senate - Received from the House May 5, 2021;
4		-	May 10, 2021, read first time and referred to Committee on Health &
5		-	Human Services; May 22, 2021, reported adversely, with favorable
6		-	Committee Substitute by the following vote: Yeas 9, Nays 0;
7		-	May 22, 2021, sent to printer.)
8		-	Click here to see the committee vote
9		-	COMMITTEE SUBSTITUTE FOR H.B. No. 3287 By: Seliger
	1	+	87R7214 BDP-F
	2	+	By: González of El Paso, Lozano, Anderson, H.B. No. 3287
	3	+	Frank, Hinojosa, et al.
10	4
11	5
12	6		A BILL TO BE ENTITLED
13	7		AN ACT
14	8		relating to the provision of certain co-navigation services to
15	9		persons who are deaf-blind.
16	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	11		SECTION 1. Section 81.001, Human Resources Code, is amended
18	12		by adding Subdivision (1) to read as follows:
19	13		(1) "Commission" means the Health and Human Services
20	14		Commission.
21	15		SECTION 2. Chapter 81, Human Resources Code, is amended by
22	16		adding Section 81.014 to read as follows:
23	17		Sec. 81.014. CO-NAVIGATION SERVICES PROGRAM FOR PERSONS WHO
24	18		ARE DEAF-BLIND. (a) In this section:
25	19		(1) "Communication mode" includes communication
26	20		through:
27	21		(A) auditory amplification, such as through a
28	22		personal hearing aid or assistive listening device;
29	23		(B) American Sign Language or Signed English by
30	24		both tactile and visual means; and
31	25		(C) protactile language.
32	26		(2) "Co-navigation services" means services provided
33	27		to a person who is deaf-blind that assist the person to physically
34	28		access the person's environment and to make informed decisions. The
35	29		term includes providing visual and environmental information or
36	30		sighted guide services and assisting with communication
37	31		accessibility by communicating in the preferred language and
38	32		communication mode of the person who is deaf-blind. The term does
39	33		not include performing any of the following for the person:
40	34		(A) providing personal care services to the
41	35		person;
42	36		(B) completing ordinary errands for the person;
43	37		(C) making decisions for the person;
44	38		(D) teaching or otherwise instructing the
45	39		person; or
46	40		(E) interpreting for the person in a formal
47	41		setting, including a medical, legal, or business setting.
48	42		(3) "Co-navigator" means a person who is specially
49	43		trained to provide co-navigation services.
50	44		(4) "Program" means the deaf-blind co-navigation
51	45		services program.
52	46		(5) "Protactile language" means a method of
53	47		communication based on touch that is used by persons who are
54	48		deaf-blind.
55	49		(b) The commission shall operate a statewide co-navigation
56	50		services program through which:
57	51		(1) co-navigation services are provided by
58	52		co-navigators; and
59	53		(2) the commission reimburses the co-navigators for
60	54		the provision of the services.
61	55		(c) The executive commissioner by rule shall establish
62	56		reimbursement rates to be paid to a co-navigator under the program.
63	57		The reimbursement rates must use a tiered wage scale that is based
64	58		on the co-navigator's:
65	59		(1) level of training in communication modes for
66	60		persons who are deaf-blind and in sighted guide-mobility
67	61		techniques; and
68	62		(2) fluency and skill in communication modes and
69	63		sighted guide-mobility for persons who are deaf-blind.
70	64		(d) The commission shall ensure that quality co-navigation
71	65		services are provided under the program by:
72	66		(1) monitoring the compliance of co-navigators with
73	67		program rules;
74	68		(2) developing funding sources for the program that
75	69		are in addition to state sources and will reduce reliance on the
76	70		state sources for continuation of the program; and
77	71		(3) providing funding and technical assistance for
78	72		training programs for:
79	73		(A) co-navigators under the program; and
80	74		(B) persons who are deaf-blind to enable those
81	75		persons to effectively use the services offered under the program.
82	76		(e) The executive commissioner may establish an advisory
83	77		committee to advise the commission in developing and operating the
84	78		program, including operating the program in a manner that ensures
85	79		the efficient use of state money. Subject to Section 2110.002,
86	80		Government Code, the executive commissioner shall determine the
87	81		number of members serving on the advisory committee, which must
88	82		include persons who are deaf-blind and other stakeholders.
89	83		(f) The executive commissioner may adopt rules necessary
90	84		to:
91	85		(1) operate the program in a manner that is efficient
92	86		and maximizes the number of persons served; and
93	87		(2) ensure that co-navigators receiving reimbursement
94	88		under the program have adequate training to provide co-navigation
95	89		services.
96	90		SECTION 3. Not later than September 1, 2022:
97	91		(1) the executive commissioner of the Health and Human
98	92		Services Commission shall adopt rules necessary to implement
99	93		Section 81.014, Human Resources Code, as added by this Act; and
100	94		(2) the commission shall begin operating the program
101	95		required by that section.
102		-	SECTION 4. The Health and Human Services Commission is
103		-	required to implement a provision of this Act only if the
104		-	legislature appropriates money specifically for that purpose. If
105		-	the legislature does not appropriate money specifically for that
106		-	purpose, the commission may, but is not required to, implement a
107		-	provision of this Act using other appropriations that are available
108		-	for that purpose.
109		-	SECTION 5. This Act takes effect September 1, 2021.
110		-	* * * * *
	96	+	SECTION 4. This Act takes effect September 1, 2021.