88R12489 MPF-D
By: Plesa H.B. No. 4436
A BILL TO BE ENTITLED
AN ACT
relating to an advisory council on the needs of LGBTQ older adults.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) In this section:
(1) "Advisory council" means the advisory council on
LGBTQ older adults established under this section.
(2) "Commission" means the Health and Human Services
Commission.
(3) "LGBTQ" includes individuals who are lesbian, gay,
bisexual, transgender, intersex, gender nonconforming, two-spirit,
non-binary, same-gender-loving, queer, or any other diverse sexual
orientation or gender identity.
(4) "Older adult" means individuals who are 55 years
of age or older.
(b) The advisory council on LGBTQ older adults is
established within the Health and Human Services Commission. The
commission shall provide administrative support to the advisory
council as necessary for the advisory council to perform its duties
under this section.
(c) The advisory council is composed of:
(1) 24 members appointed by the governor to include:
(A) one representative from a statewide
organization that advocates for older adults;
(B) one representative from a national
organization that advocates for LGBTQ older adults;
(C) one representative from a community-based,
multisite health care organization founded to serve LGBTQ people;
(D) the director of senior services from a
community center serving LGBTQ people, or the director's designee;
(E) one representative from an HIV or AIDS
service organization;
(F) one representative from a community
organization that is focused on action leading to improved outcomes
and opportunities for LGBTQ communities;
(G) one representative from a labor organization
that provides care and services for older adults in long-term care
facilities;
(H) one representative from a statewide
association representing long-term care facilities;
(I) five representatives from organizations that
serve black, Asian American, Pacific Islander, Native American, or
Hispanic LGBTQ people;
(J) one representative from a statewide
organization for people with disabilities; and
(K) 10 LGBTQ older adults, including at least:
(i) three individuals who are transgender
or gender-expansive;
(ii) two individuals who are older adults
living with HIV;
(iii) one individual who is two-spirit;
(iv) one individual who is African American
or black;
(v) one individual who is Hispanic;
(vi) one individual who is Asian American
or Pacific Islander; and
(vii) one individual who is ethnically
diverse; and
(2) four ex officio members to represent each of the
following state agencies:
(A) one member designated by the executive
commissioner of the Health and Human Services Commission;
(B) one member designated by the commissioner of
state health services;
(C) one member designated by the commissioner of
the Department of Family and Protective Services; and
(D) one member designated by the commission
chair of the Texas Veterans Commission.
(d) In appointing members and ex officio members to the
advisory council under Subsection (c) of this section, the governor
and state agency officials shall ensure, to the maximum extent
practicable, that the advisory council is diverse with respect to
race, ethnicity, age, sexual orientation, gender identity, gender
expression, and geography.
(e) If a vacancy occurs on the advisory council, the vacancy
shall be filled by the appointing authority as described by
Subsection (c) of this section. A vacating member shall continue to
serve until a successor is appointed.
(f) Members of the advisory council are not entitled to
compensation but are entitled to reimbursement of actual and
necessary expenses incurred in the performance of their duties
under Section 2110.004, Government Code.
(g) The advisory council shall:
(1) investigate, analyze, and study the health,
housing, financial, psychosocial, home and community-based
services, assisted living, and long-term care needs of LGBTQ older
adults and their caregivers; and
(2) make recommendations to the legislature to improve
access to benefits, services, and supports for LGBTQ older adults
and their caregivers.
(h) In carrying out its duties under Subsection (g) of this
section, the advisory council shall:
(1) examine the impact of state and local laws,
policies, and rules on LGBTQ older adults;
(2) examine best practices for increasing access to
services, reducing isolation, preventing abuse and exploitation,
promoting independence and self-determination, strengthening
caregiving, eliminating disparities in services, and improving
overall quality of life for LGBTQ older adults;
(3) examine the impact of race, ethnicity, sex
assignment at birth, socioeconomic status, disability, sexual
orientation, gender identity, and other characteristics on access
to services for LGBTQ older adults;
(4) examine the experiences and needs of LGBTQ older
adults living with HIV or AIDS;
(5) examine strategies to increase the awareness of
health care providers on the needs of LGBTQ older adults and their
caregivers and to improve the competence of and access to
treatment, services, and ongoing care, including preventive care;
(6) examine the feasibility of developing statewide
training curricula to improve provider competency in the delivery
of culturally responsive health, housing, and long-term support
services to LGBTQ older adults and their caregivers;
(7) assess the funding and programming needed to
provide services to the growing population of LGBTQ older adults;
(8) examine whether certain policies and practices, or
the absence of certain policies and practices, promote the
premature admission of LGBTQ older adults to institutional care,
and whether providing lower cost and culturally responsive home and
community-based alternatives to institutional care provides cost
savings to LGBTQ older adults;
(9) examine outreach protocols to reduce apprehension
among LGBTQ older adults and caregivers in utilizing mainstream
long-term care providers; and
(10) examine statewide strategies for the collection
of sexual orientation and gender identity data and the impact of
these strategies on the provision of services to LGBTQ older
adults, and conduct a statewide survey designed to approximate the
number of LGBTQ older adults in the state and collect demographic
information, if resources allow.
(i) The advisory council shall provide for its organization
and procedure, including selection of the presiding officer. A
majority of the advisory council constitutes a quorum for the
transaction of business.
(j) The advisory council shall meet at least one time per
quarter. The meetings may be conducted in person or by
videoconference, as determined by the presiding officer of the
advisory council.
(k) The advisory council shall submit reports to the
legislature regarding recommendations for legislative or other
action not later than September 1 of each even-numbered year. In
making recommendations to the legislature, the reports must:
(1) consider the best policies and practices in other
states and jurisdictions; and
(2) ensure equitable access, treatment, care and
benefits, and overall quality of life for LGBTQ older adults.
(l) The commission shall post the reports required under
Subsection (k) of this section on the commission's public Internet
website.
(m) The commission and advisory council may collaborate
with an institution of higher education in this state to compile the
reports required under Subsection (k) of this section.
(n) The advisory council is abolished and this section
expires December 1, 2026.
SECTION 2. Not later than November 1, 2023, the governor and
state agency officials shall make the appointments required by this
Act.
SECTION 3. This Act takes effect September 1, 2023.