Texas 2023 - 88th Regular

Texas House Bill HB4436 Compare Versions

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1	1	88R12489 MPF-D
2	2	By: Plesa H.B. No. 4436
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an advisory council on the needs of LGBTQ older adults.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. (a) In this section:
10	10	(1) "Advisory council" means the advisory council on
11	11	LGBTQ older adults established under this section.
12	12	(2) "Commission" means the Health and Human Services
13	13	Commission.
14	14	(3) "LGBTQ" includes individuals who are lesbian, gay,
15	15	bisexual, transgender, intersex, gender nonconforming, two-spirit,
16	16	non-binary, same-gender-loving, queer, or any other diverse sexual
17	17	orientation or gender identity.
18	18	(4) "Older adult" means individuals who are 55 years
19	19	of age or older.
20	20	(b) The advisory council on LGBTQ older adults is
21	21	established within the Health and Human Services Commission. The
22	22	commission shall provide administrative support to the advisory
23	23	council as necessary for the advisory council to perform its duties
24	24	under this section.
25	25	(c) The advisory council is composed of:
26	26	(1) 24 members appointed by the governor to include:
27	27	(A) one representative from a statewide
28	28	organization that advocates for older adults;
29	29	(B) one representative from a national
30	30	organization that advocates for LGBTQ older adults;
31	31	(C) one representative from a community-based,
32	32	multisite health care organization founded to serve LGBTQ people;
33	33	(D) the director of senior services from a
34	34	community center serving LGBTQ people, or the director's designee;
35	35	(E) one representative from an HIV or AIDS
36	36	service organization;
37	37	(F) one representative from a community
38	38	organization that is focused on action leading to improved outcomes
39	39	and opportunities for LGBTQ communities;
40	40	(G) one representative from a labor organization
41	41	that provides care and services for older adults in long-term care
42	42	facilities;
43	43	(H) one representative from a statewide
44	44	association representing long-term care facilities;
45	45	(I) five representatives from organizations that
46	46	serve black, Asian American, Pacific Islander, Native American, or
47	47	Hispanic LGBTQ people;
48	48	(J) one representative from a statewide
49	49	organization for people with disabilities; and
50	50	(K) 10 LGBTQ older adults, including at least:
51	51	(i) three individuals who are transgender
52	52	or gender-expansive;
53	53	(ii) two individuals who are older adults
54	54	living with HIV;
55	55	(iii) one individual who is two-spirit;
56	56	(iv) one individual who is African American
57	57	or black;
58	58	(v) one individual who is Hispanic;
59	59	(vi) one individual who is Asian American
60	60	or Pacific Islander; and
61	61	(vii) one individual who is ethnically
62	62	diverse; and
63	63	(2) four ex officio members to represent each of the
64	64	following state agencies:
65	65	(A) one member designated by the executive
66	66	commissioner of the Health and Human Services Commission;
67	67	(B) one member designated by the commissioner of
68	68	state health services;
69	69	(C) one member designated by the commissioner of
70	70	the Department of Family and Protective Services; and
71	71	(D) one member designated by the commission
72	72	chair of the Texas Veterans Commission.
73	73	(d) In appointing members and ex officio members to the
74	74	advisory council under Subsection (c) of this section, the governor
75	75	and state agency officials shall ensure, to the maximum extent
76	76	practicable, that the advisory council is diverse with respect to
77	77	race, ethnicity, age, sexual orientation, gender identity, gender
78	78	expression, and geography.
79	79	(e) If a vacancy occurs on the advisory council, the vacancy
80	80	shall be filled by the appointing authority as described by
81	81	Subsection (c) of this section. A vacating member shall continue to
82	82	serve until a successor is appointed.
83	83	(f) Members of the advisory council are not entitled to
84	84	compensation but are entitled to reimbursement of actual and
85	85	necessary expenses incurred in the performance of their duties
86	86	under Section 2110.004, Government Code.
87	87	(g) The advisory council shall:
88	88	(1) investigate, analyze, and study the health,
89	89	housing, financial, psychosocial, home and community-based
90	90	services, assisted living, and long-term care needs of LGBTQ older
91	91	adults and their caregivers; and
92	92	(2) make recommendations to the legislature to improve
93	93	access to benefits, services, and supports for LGBTQ older adults
94	94	and their caregivers.
95	95	(h) In carrying out its duties under Subsection (g) of this
96	96	section, the advisory council shall:
97	97	(1) examine the impact of state and local laws,
98	98	policies, and rules on LGBTQ older adults;
99	99	(2) examine best practices for increasing access to
100	100	services, reducing isolation, preventing abuse and exploitation,
101	101	promoting independence and self-determination, strengthening
102	102	caregiving, eliminating disparities in services, and improving
103	103	overall quality of life for LGBTQ older adults;
104	104	(3) examine the impact of race, ethnicity, sex
105	105	assignment at birth, socioeconomic status, disability, sexual
106	106	orientation, gender identity, and other characteristics on access
107	107	to services for LGBTQ older adults;
108	108	(4) examine the experiences and needs of LGBTQ older
109	109	adults living with HIV or AIDS;
110	110	(5) examine strategies to increase the awareness of
111	111	health care providers on the needs of LGBTQ older adults and their
112	112	caregivers and to improve the competence of and access to
113	113	treatment, services, and ongoing care, including preventive care;
114	114	(6) examine the feasibility of developing statewide
115	115	training curricula to improve provider competency in the delivery
116	116	of culturally responsive health, housing, and long-term support
117	117	services to LGBTQ older adults and their caregivers;
118	118	(7) assess the funding and programming needed to
119	119	provide services to the growing population of LGBTQ older adults;
120	120	(8) examine whether certain policies and practices, or
121	121	the absence of certain policies and practices, promote the
122	122	premature admission of LGBTQ older adults to institutional care,
123	123	and whether providing lower cost and culturally responsive home and
124	124	community-based alternatives to institutional care provides cost
125	125	savings to LGBTQ older adults;
126	126	(9) examine outreach protocols to reduce apprehension
127	127	among LGBTQ older adults and caregivers in utilizing mainstream
128	128	long-term care providers; and
129	129	(10) examine statewide strategies for the collection
130	130	of sexual orientation and gender identity data and the impact of
131	131	these strategies on the provision of services to LGBTQ older
132	132	adults, and conduct a statewide survey designed to approximate the
133	133	number of LGBTQ older adults in the state and collect demographic
134	134	information, if resources allow.
135	135	(i) The advisory council shall provide for its organization
136	136	and procedure, including selection of the presiding officer. A
137	137	majority of the advisory council constitutes a quorum for the
138	138	transaction of business.
139	139	(j) The advisory council shall meet at least one time per
140	140	quarter. The meetings may be conducted in person or by
141	141	videoconference, as determined by the presiding officer of the
142	142	advisory council.
143	143	(k) The advisory council shall submit reports to the
144	144	legislature regarding recommendations for legislative or other
145	145	action not later than September 1 of each even-numbered year. In
146	146	making recommendations to the legislature, the reports must:
147	147	(1) consider the best policies and practices in other
148	148	states and jurisdictions; and
149	149	(2) ensure equitable access, treatment, care and
150	150	benefits, and overall quality of life for LGBTQ older adults.
151	151	(l) The commission shall post the reports required under
152	152	Subsection (k) of this section on the commission's public Internet
153	153	website.
154	154	(m) The commission and advisory council may collaborate
155	155	with an institution of higher education in this state to compile the
156	156	reports required under Subsection (k) of this section.
157	157	(n) The advisory council is abolished and this section
158	158	expires December 1, 2026.
159	159	SECTION 2. Not later than November 1, 2023, the governor and
160	160	state agency officials shall make the appointments required by this
161	161	Act.
162	162	SECTION 3. This Act takes effect September 1, 2023.