1 | 1 | | By: Morales Shaw H.B. No. 5166 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to the development of a language access plan to increase |
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7 | 7 | | access to assistance under health and human services programs by |
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8 | 8 | | certain individuals. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter A, Chapter 531, Government Code, is |
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11 | 11 | | amended by adding Section 531.0193 to read as follows: |
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12 | 12 | | Sec. 531.0193. LANGUAGE ACCESS PLAN. (a) The commission |
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13 | 13 | | shall develop a language access plan to increase non-English |
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14 | 14 | | speakers' access to assistance provided under the health and human |
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15 | 15 | | services programs the commission administers. The plan must |
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16 | 16 | | ensure: |
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17 | 17 | | (1) all of the commission's public written materials, |
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18 | 18 | | forms, applications, portal application systems, and external |
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19 | 19 | | communications are translated and orally interpreted into any |
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20 | 20 | | language spoken by a group in this state with a population of at |
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21 | 21 | | least 50,000 of which at least 33 percent have limited English |
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22 | 22 | | proficiency, according to the most recent American Community Survey |
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23 | 23 | | compiled by the United States Census Bureau, including: |
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24 | 24 | | (A) English; |
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25 | 25 | | (B) Spanish; |
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26 | 26 | | (C) Vietnamese; |
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27 | 27 | | (D) Korean; |
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28 | 28 | | (E) Arabic; |
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29 | 29 | | (F) Mandarin or Cantonese; and |
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30 | 30 | | (G) traditional and simplified written Chinese; |
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31 | 31 | | (2) the translated materials, forms, applications, |
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32 | 32 | | and external communications are available to the public on the |
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33 | 33 | | commission's Internet website; |
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34 | 34 | | (3) that groups described by Subdivision (1) are |
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35 | 35 | | informed about language access rights and services, including the |
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36 | 36 | | availability of the commission's written translations and oral |
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37 | 37 | | interpretations by: |
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38 | 38 | | (A) conducting intentional outreach efforts; and |
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39 | 39 | | (B) posting translated information and public |
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40 | 40 | | announcements in public spaces; |
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41 | 41 | | (4) commission employees are provided training on the |
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42 | 42 | | language access plan, language access procedures, and expectations |
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43 | 43 | | related to the access plan; and |
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44 | 44 | | (5) that quality control and accountability measures |
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45 | 45 | | are developed to make certain: |
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46 | 46 | | (A) all translations and interpretations are |
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47 | 47 | | professional and understandable; and |
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48 | 48 | | (B) members of the groups described by |
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49 | 49 | | Subdivision (1) are able to evaluate the performance of the |
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50 | 50 | | commission's language access services and the effectiveness of the |
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51 | 51 | | language access plan. |
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52 | 52 | | (b) The commission shall employ at least one language access |
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53 | 53 | | officer to oversee the implementation of the language access plan |
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54 | 54 | | and ensure language access services are provided in accordance with |
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55 | 55 | | the plan. |
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56 | 56 | | (c) The commission may use multilingual commission |
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57 | 57 | | employees or contract with a third party to translate and prepare or |
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58 | 58 | | provide oral interpretations of the commission's written |
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59 | 59 | | materials, forms, applications, portal application systems, and |
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60 | 60 | | external communications as required by Subsection (a). |
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61 | 61 | | (d) The executive commissioner may adopt rules necessary to |
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62 | 62 | | implement this section. |
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63 | 63 | | SECTION 2. If before implementing any provision of this Act |
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64 | 64 | | a state agency determines that a waiver or authorization from a |
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65 | 65 | | federal agency is necessary for implementation of that provision, |
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66 | 66 | | the agency affected by the provision shall request the waiver or |
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67 | 67 | | authorization and may delay implementing that provision until the |
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68 | 68 | | waiver or authorization is granted. |
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69 | 69 | | SECTION 3. This Act takes effect September 1, 2023. |
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