By: Campbell, et al.	S.B. No. 208
	(In the Senate - Filed March 13, 2015; March 16, 2015, read
	first time and referred to Committee on Natural Resources and
	Economic Development; April 30, 2015, reported adversely, with
	favorable Committee Substitute by the following vote:  Yeas 7, Nays
	4; April 30, 2015, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 208	By:  Hancock

	A BILL TO BE ENTITLED
	AN ACT
	relating to the continuation and functions of the Texas Workforce
	Commission; affecting the rates and imposition of certain fees and
	assessments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter B, Chapter 132, Education Code, is
	amended by adding Section 132.025 to read as follows:
	Sec. 132.025.  REQUIRED POSTING. To facilitate a
	prospective student's informed selection among career schools and
	colleges, the commission shall include in its searchable directory
	of career schools and colleges maintained on its Internet website
	information regarding any formal enforcement action taken by the
	commission against a school or college, including:
	(1)  any revocation of the school's or college's
	certificate of authority;
	(2)  any assessment of administrative penalties
	against the school or college; and
	(3)  any suspension of admission of students to the
	school or college.
	SECTION 2.  Sections 132.201(a), (d), (e), and (f),
	Education Code, are amended to read as follows:
	(a)  Certificate and registration fees, except those charged
	pursuant to Subsection (d), shall be collected by the commission.
	The commission by rule shall determine the amount of each fee.
	[Each fee shall be in an amount set by the commission in an amount
	not to exceed 150 percent of each fee in the following schedule:
	[(1)  the initial fee for a career school or college:
	[(A)  for a certificate of approval is $2,000; or
	[(B)     for a small career school or college
	certificate of approval is $1,000;
	[(2)     the first renewal fee and each subsequent renewal
	fee for a career school or college is the greater of:
	[(A)     an amount that is determined by applying a
	percentage, not to exceed 0.3 percent, to the gross tuition and
	fees, excluding refunds as provided by Section 132.061 or 132.0611,
	of the school or college; or
	[(B)  $500;
	[(3)     the initial registration fee for a representative
	is $60;
	[(4)     the annual renewal fee for a representative is
	$30;
	[(5)     the fee for a change of a name of a career school
	or college or owner is $100;
	[(6)     the fee for a change of an address of a career
	school or college is $180;
	[(7)     the fee for a change in the name or address of a
	representative or a change in the name or address of a career school
	or college that causes the reissuance of a representative permit is
	$10;
	[(8)     the application fee for an additional program is
	$150, except for seminars and workshops, for which the fee is $25;
	[(9)     the application fee for a director,
	administrative staff member, or instructor is $15;
	[(10)     the application fee for the authority to grant
	degrees is $2,000;
	[(11)     the application fee for an additional degree
	program is $250; and
	[(12)     the fee for an inspection required by commission
	rule of classroom facilities that are separate from the main campus
	is $250.]
	(d)  In connection with the regulation of any career school
	or college or program through a memorandum of understanding
	pursuant to Section 132.002(c), the commission by rule shall set an
	application and annual renewal fee in[, not to exceed $2,000.   The
	fee shall be] an amount reasonably calculated to cover the
	administrative costs associated with assuming the additional
	regulation.
	(e)  The commission by rule shall determine the amount of a
	[The] fee for an investigation at a career school or college to
	resolve a complaint filed against the school or college [is $600].
	The fee may be charged only if:
	(1)  the complaint could not have been resolved by
	telephone or written correspondence only;
	(2)  a representative of the commission visits the
	school or college as a part of the complaint resolution process; and
	(3)  the school or college is found to be at fault.
	(f)  The commission may allow payment of any fee authorized
	under this section or under Section 132.2415 that exceeds $1,000 to
	be paid by installment.  The commission shall provide for
	appropriate interest charges and late penalties in addition to any
	other remedy that is provided for by law for the late payment of a
	fee installment authorized under this section.  The commission may
	assess a reasonable service charge or interest to be paid by a
	career school or college that pays a fee by installment [in an
	amount not to exceed 10 percent annually of the fee that is to be
	paid by installment].
	SECTION 3.  Section 1001.104, Education Code, is amended to
	read as follows:
	Sec. 1001.104.  HOSPITAL AND REHABILITATION FACILITIES.
	(a)  The agency shall enter into a memorandum of understanding with
	the state agency responsible for administering the vocational
	rehabilitation program under Subtitle C, Title 4, Labor Code,
	[Texas Rehabilitation Commission] and the department for the
	interagency development of curricula and licensing criteria for
	hospital and rehabilitation facilities that teach driver
	education.
	(b)  The agency shall administer comprehensive rules
	governing driver education courses adopted by mutual agreement
	among the agency, the state agency responsible for administering
	the vocational rehabilitation program under Subtitle C, Title 4,
	Labor Code [Texas Rehabilitation Commission], and the department.
	SECTION 4.  The heading to Section 411.104, Government Code,
	is amended to read as follows:
	Sec. 411.104.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS WORKFORCE COMMISSION; SECURITY SENSITIVE
	POSITIONS.
	SECTION 5.  Effective September 1, 2016, Subchapter F,
	Chapter 411, Government Code, is amended by adding Section 411.1041
	to read as follows:
	Sec. 411.1041.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION:  TEXAS WORKFORCE COMMISSION; VOCATIONAL
	REHABILITATION AND OTHER SERVICES.  (a)  The Texas Workforce
	Commission, in connection with the administration of vocational
	rehabilitation services and other services and programs under
	Subtitle C, Title 4, Labor Code, is entitled to obtain from the
	department criminal history record information maintained by the
	department that relates to a person who is:
	(1)  an applicant selected for employment with the
	commission whose potential duties include direct contact with
	clients to provide those services;
	(2)  an applicant for those services from the
	commission; or
	(3)  a client receiving those services from the
	commission.
	(b)  Criminal history record information obtained by the
	commission under Subsection (a) may not be released or disclosed to
	any person except on court order or with the written consent of the
	person who is the subject of the criminal history record
	information.
	SECTION 6.  Section 2308.3155(b), Government Code, is
	amended to read as follows:
	(b)  The commission shall adopt rules to administer the Texas
	Rising Star Program, including:
	(1)  guidelines for rating a child-care provider who
	provides child care to a child younger than 13 years of age,
	including infants and toddlers, enrolled in the subsidized program;
	and
	(2)  a timeline and process for regularly reviewing and
	updating the quality standards used to determine the rating system
	that includes the commission's consideration of input from
	interested parties regarding those standards.
	SECTION 7.  Effective September 1, 2016, Subchapter C,
	Chapter 91, Human Resources Code, is amended by adding Section
	91.0211 to read as follows:
	Sec. 91.0211.  SERVICE DELIVERY BY TEXAS WORKFORCE
	COMMISSION. The Texas Workforce Commission has primary
	responsibility for providing vocational rehabilitation services
	and other services and programs under Subtitle C, Title 4, Labor
	Code, notwithstanding Section 91.021(a) and subject to receipt of
	any required federal approval to administer those services and
	programs.  A power or duty under this chapter, including rulemaking
	authority, of the department, the commissioner, or the executive
	commissioner that is applicable to those services or programs is a
	power or duty of the Texas Workforce Commission with respect to
	those services or programs.
	SECTION 8.  Effective September 1, 2016, Subchapter C,
	Chapter 111, Human Resources Code, is amended by adding Section
	111.0511 to read as follows:
	Sec. 111.0511.  SERVICE DELIVERY BY TEXAS WORKFORCE
	COMMISSION. The Texas Workforce Commission has primary
	responsibility for providing vocational rehabilitation services
	and other services and programs under Subtitle C, Title 4, Labor
	Code, notwithstanding Section 111.051 and subject to receipt of any
	required federal approval to administer those services and
	programs.  A power or duty under this chapter, including rulemaking
	authority, of the department, the commissioner, or the executive
	commissioner that is applicable to those services or programs is a
	power or duty of the Texas Workforce Commission with respect to
	those services or programs.  All other state agencies engaged in
	vocational rehabilitation services or related services or programs
	shall coordinate those activities with the Texas Workforce
	Commission.
	SECTION 9.  Effective September 1, 2016, Subchapter D,
	Chapter 117, Human Resources Code, is amended by adding Section
	117.0713 to read as follows:
	Sec. 117.0713.  SERVICE DELIVERY BY TEXAS WORKFORCE
	COMMISSION.  The Texas Workforce Commission has primary
	responsibility for providing vocational rehabilitation services
	and other services and programs under Subtitle C, Title 4, Labor
	Code, notwithstanding Section 117.071 and subject to receipt of any
	required federal approval to administer those services and
	programs.  A power or duty under this chapter, including rulemaking
	authority, of the department, the commissioner, or the executive
	commissioner that is applicable to those services or programs is a
	power or duty of the Texas Workforce Commission with respect to
	those services or programs.
	SECTION 10.  Section 21.0015, Labor Code, is amended to read
	as follows:
	Sec. 21.0015.  TEXAS WORKFORCE COMMISSION [CIVIL RIGHTS
	DIVISION].  The powers and duties exercised by the Commission on
	Human Rights under this chapter are transferred to the Texas
	Workforce Commission [civil rights division].  A reference in this
	chapter to the "commission" means the Texas Workforce Commission
	[civil rights division].
	SECTION 11.  Section 21.206, Labor Code, is amended to read
	as follows:
	Sec. 21.206.  DETERMINATION OF REASONABLE CAUSE; REVIEW BY
	COMMISSION [PANEL].  (a)  If after investigation the executive
	director or the executive director's designee determines that there
	is reasonable cause to believe that the respondent engaged in an
	unlawful employment practice as alleged in a complaint, the
	executive director or the executive director's designee shall
	review with the commission members [a panel of three commissioners]
	the evidence in the record.
	(b)  If after the review at least two of the three commission
	members [commissioners] determine that there is reasonable cause to
	believe that the respondent engaged in an unlawful employment
	practice, the executive director shall:
	(1)  issue a written determination incorporating the
	executive director's finding that the evidence supports the
	complaint; and
	(2)  serve a copy of the determination on the
	complainant, the respondent, and other agencies as required by law.
	SECTION 12.  Section 21.453, Labor Code, is amended by
	amending Subsection (a) and adding Subsection (a-1) to read as
	follows:
	(a)  Except as provided by Subsection (a-1), the [The]
	commission shall review the personnel policies and procedures of
	each state agency on a six-year cycle to determine whether the
	policies and procedures comply with this chapter.
	(a-1)  The commission by rule shall develop risk-assessment
	criteria for determining the circumstances under which the
	commission may conduct a review of the personnel policies and
	procedures of a state agency more frequently than required by
	Subsection (a).  The risk-assessment criteria must include:
	(1)  data on complaints against a state agency;
	(2)  previous review findings; and
	(3)  any other related information collected and
	maintained by the commission.
	SECTION 13.  Section 21.455, Labor Code, is amended by
	adding Subsection (d) to read as follows:
	(d)  Annually, the commission shall:
	(1)  review the reimbursements received by the
	commission under this section to ensure that the commission
	recovers the expenses described by Subsection (a); and
	(2)  adjust the reimbursement rate if, as a result of
	the most recent annual review, the commission determines that the
	reimbursement rate is higher or lower than the rate required to
	recover those expenses.
	SECTION 14.  Chapter 214, Labor Code, is amended by adding
	Section 214.009 to read as follows:
	Sec. 214.009.  RECOVERY OF COVERED UNEMPLOYMENT
	COMPENSATION DEBT THROUGH FEDERAL TREASURY OFFSET PROGRAM.  (a)  In
	this section, "program" means the federal Treasury Offset Program
	authorized by 26 U.S.C. Section 6402(f).
	(b)  The commission may collect the following covered
	unemployment compensation debt through the program:
	(1)  a past-due debt for erroneous payment of benefits
	due to fraud that has become final under law and remains
	uncollected;
	(2)  a past-due debt for erroneous payment of benefits
	due to a person's failure to report earnings, even if
	non-fraudulent, that has become final under law and remains
	uncollected;
	(3)  a past-due employer contribution owed to the
	compensation fund for which the commission has determined the
	person to be liable and that remains uncollected; and
	(4)  any penalties and interest assessed by the
	commission on a debt described by Subdivision (1), (2), or (3).
	(c)  Before submitting covered unemployment compensation
	debt for recovery under the program, the commission must:
	(1)  notify the debtor by regular United States mail
	that the commission plans to recover the debt through the offset of
	any federal tax refund;
	(2)  provide the debtor at least 60 days following the
	date the notice is provided under Subdivision (1) to present to the
	commission evidence that all or part of the debt is not:
	(A)  legally enforceable;
	(B)  due to fraud or unreported earnings; or
	(C)  a contribution owed to the compensation fund;
	and
	(3)  consider any evidence presented by the debtor to
	determine the amount of debt that is legally enforceable and owed.
	(d)  In considering evidence presented by a debtor under
	Subsection (c), the commission may determine only whether the
	debtor has demonstrated that the debt is not subject to recovery
	through the program so that the commission is able to minimize
	erroneous offsets.  The commission may not review the initial
	determination establishing the debtor's liability.
	(e)  The commission shall assess against the debtor the cost
	of any administrative fee charged by the United States Department
	of the Treasury for each offset.  The commission may add the
	assessed amount to the covered unemployment compensation debt that
	is offset under the program.
	SECTION 15.  Section 301.006(b), Labor Code, is amended to
	read as follows:
	(b)  Notwithstanding Subsection (a), the member of the
	commission who represents the public shall serve as chair:
	(1)  when the commission acts under:
	(A)  Chapter 21;
	(B)  Subchapter D, Chapter 61; [or]
	(C) [(B)]  Subchapter D, Chapter 212; or
	(D)  Chapter 301, Property Code; and
	(2)  in commission hearings involving unemployment
	insurance issues regarding tax coverage, contributions, or
	reimbursements.
	SECTION 16.  Section 301.008, Labor Code, is amended to read
	as follows:
	Sec. 301.008.  APPLICATION OF SUNSET ACT. The Texas
	Workforce Commission is subject to Chapter 325, Government Code
	(Texas Sunset Act). Unless continued in existence as provided by
	that chapter, the commission is abolished September 1, 2027 [2015].
	SECTION 17.  Section 301.009(a), Labor Code, is amended to
	read as follows:
	(a)  The commission shall have:
	(1)  a division of workforce development; [and]
	(2)  a division of unemployment compensation; and
	(3)  a civil rights division.
	SECTION 18.  Effective September 1, 2016, Subchapter D,
	Chapter 301, Labor Code, is amended by adding Section 301.075 to
	read as follows:
	Sec. 301.075.  VOCATIONAL REHABILITATION AND CERTAIN OTHER
	SERVICES FOR PERSONS WITH DISABILITIES. Subject to federal
	approval, if required, to administer vocational rehabilitation
	services and other services and programs to persons with
	disabilities under Subtitle C, Title 4, the commission has primary
	responsibility for providing those services and programs.
	SECTION 19.  Section 301.153, Labor Code, is amended to read
	as follows:
	Sec. 301.153.  GOVERNANCE; AUTHORITY [HUMAN RIGHTS
	COMMISSION].  (a)  [The division is governed by the human rights
	commission, which consists of seven members as follows:
	[(1)  one member who represents industry;
	[(2)  one member who represents labor; and
	[(3)  five members who represent the public.
	[(b)     The members of the human rights commission established
	under this section shall be appointed by the governor.   In making
	appointments to the human rights commission, the governor shall
	strive to achieve representation on the human rights commission
	that is diverse with respect to disability, religion, age, economic
	status, sex, race, and ethnicity.
	[(c)     The term of office of each commissioner is six years.
	The governor shall designate one commissioner to serve as presiding
	officer.
	[(d)     A commissioner is entitled to reimbursement of actual
	and necessary expenses incurred in the performance of official
	duties.
	[(e)]  The [human rights] commission shall establish
	policies for the division and the executive director shall
	supervise the director in administering the activities of the
	division.
	(b) [(f)]  The [human rights] commission is the state
	authority established as a fair employment practice agency and is
	authorized, with respect to an unlawful employment practice, to:
	(1)  grant relief from the practice;
	(2)  seek relief from the practice; or
	(3)  institute criminal proceedings.
	(c)  The commission shall administer Chapter 21 of this code
	and Chapter 301, Property Code, including the powers and duties
	formerly exercised by the former Commission on Human Rights under
	those laws.
	(d)  A reference in Chapter 21 of this code, Chapter 301,
	Property Code, or any other law to the former Commission on Human
	Rights means the commission.
	SECTION 20.  Section 301.154(a), Labor Code, is amended to
	read as follows:
	(a)  The director shall be appointed by the executive
	director [human rights commission] to administer the powers and
	duties of the division.
	SECTION 21.  Subchapter I, Chapter 301, Labor Code, is
	amended by adding Section 301.157 to read as follows:
	Sec. 301.157.  ANALYSIS OF STATE AGENCY DISCRIMINATION
	COMPLAINTS; REPORT.  (a)  Each state fiscal year, the division
	shall collect and analyze information regarding employment
	discrimination complaints, other than complaints determined to be
	without merit, filed with the division against a state agency.  The
	information must include:
	(1)  an analysis of the complaints, both by number and
	by type; and
	(2)  key findings or trends the division identifies
	during the division's review of state agency personnel policies and
	procedures under Section 21.453.
	(b)  The commission shall include the results of the
	division's analysis under this section in the commission's annual
	report to the governor and the legislature.  The division shall
	exclude from the report any identifying information of a
	complainant or a state agency complaint as necessary to maintain
	confidentiality required by the commission's contract with the
	federal Equal Employment Opportunity Commission or by other law.
	SECTION 22.  Section 302.0043(f), Labor Code, is amended to
	read as follows:
	(f)  Not later than January 15 of each odd-numbered year, the
	commission shall report to the legislature regarding the
	commission's findings regarding the effectiveness of the
	commission's child care program. The report must:
	(1)  include employment outcome information,
	disaggregated by local workforce development area, regarding
	parents receiving subsidized care under the program; and
	(2)  identify multiyear trends in the information
	collected and analyzed by the commission under this section,
	including trends in the information for at least the five state
	fiscal years preceding the date of the report.
	SECTION 23.  Subchapter A, Chapter 302, Labor Code, is
	amended by adding Section 302.00435 to read as follows:
	Sec. 302.00435.  SUBSIDIZED CHILD CARE PROGRAM; INPUT
	POLICY. The commission shall develop a policy for obtaining,
	through appropriate methods, input from interested parties
	regarding its subsidized child care program and for using that
	input in administering that program.
	SECTION 24.  Title 4, Labor Code, is amended by adding
	Subtitle C to read as follows:
	SUBTITLE C.  VOCATIONAL REHABILITATION AND CERTAIN OTHER SERVICES
	FOR PERSONS WITH DISABILITIES
	CHAPTER 351. GENERAL PROVISIONS; RESPONSIBILITY FOR
	ADMINISTRATION OF SERVICES
	Sec. 351.001.  DEFINITIONS. In this subtitle:
	(1)  "Department" means the Department of Assistive and
	Rehabilitative Services.
	(2)  "Executive commissioner" means the executive
	commissioner of the Health and Human Services Commission.
	Sec. 351.002.  RESPONSIBILITY FOR ADMINISTRATION OF
	SERVICES AND PROGRAMS. (a)  Notwithstanding any other provision of
	this subtitle, the department shall administer the services and
	programs under this subtitle until September 1, 2016. On that date,
	the department shall cease administering the services and programs
	and the commission shall begin administering the services and
	programs, subject to receipt of any required federal approval.
	(b)  The department or commission, as appropriate, shall
	seek federal approval, if required:
	(1)  for the commission, beginning on September 1,
	2016, to administer the services and programs under this subtitle
	that the department operated before that date under the federal
	Rehabilitation Act of 1973 (29 U.S.C. Sections 720 through 751),
	including:
	(A)  the vocational rehabilitation program for
	individuals with visual impairments;
	(B)  the vocational rehabilitation program for
	individuals with other disabilities;
	(C)  the Independent Living Program for
	individuals who are blind or have visual impairments;
	(D)  the Independent Living Services Program for
	individuals with significant disabilities;
	(E)  the Independent Living Services Program for
	older individuals who are blind;
	(F)  the Criss Cole Rehabilitation Center;
	(G)  the federal Social Security Disability
	Determination program; and
	(H)  the program for vending facilities operated
	by blind persons under Chapter 355; and
	(2)  to designate within the commission the state unit
	under 29 U.S.C. Section 721 that is responsible for administering
	the state's vocational rehabilitation program.
	(c)  The Rehabilitation Council of Texas transfers to the
	commission on September 1, 2016.
	(d)  Subsections (b) and (c) and this subsection expire
	September 1, 2019.
	Sec. 351.003.  DESIGNATED STATE UNIT FOR VOCATIONAL
	REHABILITATION SERVICES.  In accordance with the requirements of
	the federal Rehabilitation Act of 1973 (29 U.S.C. Section 701 et
	seq.), the commission shall establish a designated state unit
	within the commission that:
	(1)  is an organizational unit designated to be
	primarily responsible for and concerned with vocational
	rehabilitation of individuals with disabilities;
	(2)  has a full-time director;
	(3)  has a staff employed on the rehabilitation work of
	the organizational unit, all or substantially all of whom are
	employed full-time on such work; and
	(4)  is located at an organizational level and has an
	organizational status within the commission comparable to that of
	other major organizational units of the commission.
	Sec. 351.004.  INTEGRATION OF VOCATIONAL REHABILITATION
	PROGRAMS; PROGRAM STAFF. (a)  Not later than August 31, 2018, the
	commission shall integrate the vocational rehabilitation staff
	from department offices into the commission's local workforce
	development boards and centers.
	(b)  This section expires September 1, 2019.
	Sec. 351.005.  MEANING OF CERTAIN REFERENCES IN LAW.  Until
	the administration of this subtitle is transferred from the
	department to the commission, a reference to the commission or the
	executive director in this subtitle means the department,
	commissioner of assistive and rehabilitative services, or
	executive commissioner, as applicable.
	CHAPTER 352. VOCATIONAL REHABILITATION SERVICES
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 352.001.  DEFINITIONS.  In this chapter:
	(1)  "Direct services" means services provided to a
	client by a commission employee, including counseling,
	facilitating the purchase of services from a source other than the
	commission, and purchasing equipment and other items and providing
	other services necessary for the client to successfully complete a
	commission program.
	(2)  "Direct services program" means a program operated
	by the commission through which direct services are provided.
	(3)  "Individual with a disability" means an individual
	who has a physical impairment, including a visual impairment, or
	mental impairment that constitutes a substantial impediment to
	employment, but that is of a nature that rehabilitation services
	may be expected to enable the individual to engage in a gainful
	occupation.
	(4)  "Maintenance" means money payments not exceeding
	the estimated cost of subsistence during vocational
	rehabilitation.
	(5)  "Occupational license" means a license, permit, or
	other written authorization required by a governmental entity as a
	condition for engaging in an occupation.
	(6)  "Physical restoration" means medical, surgical,
	or therapeutic treatment necessary to correct or substantially
	reduce a substantial impediment to employment of an individual with
	a disability within a reasonable period of time. The term includes
	medical, surgical, dental, and psychiatric treatment, nursing
	services, hospital care, convalescent home care, drugs, medical and
	surgical supplies, and prosthetic appliances. The term excludes
	treatment to cure acute or transitory conditions.
	(7)  "Prosthetic appliance" means an artificial device
	necessary to support or replace a part of the body or to increase
	the acuity of a sensory organ.
	(8)  "Rehabilitation training" means all necessary
	training provided to an individual with a disability to compensate
	for a substantial impediment to employment.  The term includes
	manual, preconditioning, prevocational, vocational, and
	supplementary training and training to achieve broader and more
	lucrative skills and capacities.
	(9)  "Substantial impediment to employment" means a
	physical or mental condition that obstructs or impairs, or if not
	corrected will probably obstruct or impair, an individual's
	performance in an occupation.
	(10)  "Vocational rehabilitation" or "vocational
	rehabilitation services" means services that are provided directly
	by the commission or through a public or private agency and that the
	commission determines are necessary to compensate an individual
	with a disability for a substantial impediment to employment so
	that the individual may engage in a remunerative occupation.  The
	terms include:
	(A)  medical and vocational diagnosis;
	(B)  vocational guidance, counseling, and
	placement;
	(C)  rehabilitation training;
	(D)  physical restoration;
	(E)  transportation;
	(F)  occupational licenses;
	(G)  customary occupational tools and equipment;
	(H)  maintenance;
	(I)  training books and materials; and
	(J)  other goods and services for which the
	commission receives financial support under federal law.
	Sec. 352.002.  PURPOSE. It is the policy of this state to
	provide vocational rehabilitation services to eligible individuals
	with disabilities so that those individuals may prepare for and
	engage in a gainful occupation.
	Sec. 352.003.  REHABILITATION COUNCIL OF TEXAS. (a)  The
	Rehabilitation Council of Texas operates in accordance with the
	federal Rehabilitation Act Amendments of 1992, Pub. L. No. 102-569,
	and the federal Rehabilitation Act Amendments of 1998, Pub. L. No.
	105-220.
	(b)  The Rehabilitation Council of Texas shall report to and
	advise the commission on the council's activities and the results
	of the council's work. For the purpose of performing its advisory
	functions, the council shall work with the commission, the
	executive director, and other commission staff.
	(c)  The commission shall adopt rules for the administration
	of the council.
	Sec. 352.004.  RECEIPT AND DISBURSEMENT OF STATE AND FEDERAL
	FUNDS. (a)  The comptroller is custodian of federal funds received
	by the state to implement federal law relating to vocational
	rehabilitation.
	(b)  The commission shall certify for disbursement funds
	available for the vocational rehabilitation program in accordance
	with regulations.
	(c)  The comptroller shall disburse state and federal
	vocational rehabilitation funds on certification by the
	commission.
	Sec. 352.005.  GIFTS, DONATIONS, AND OTHER MONEY. (a)  The
	commission shall deposit all money paid to the commission under
	this chapter in the state treasury. The money may be used only for
	the administration of this chapter.
	(b)  The commission may receive and use gifts and donations
	for carrying out the purposes of this chapter. A person may not
	receive payment for solicitation of any funds.
	Sec. 352.006.  MISUSE OF INFORMATION. Except for purposes
	directly connected with the administration of the vocational
	rehabilitation program and according to commission rules, no person
	may solicit, disclose, receive, use, or knowingly permit the use of
	records or other information concerning an applicant for or
	recipient of vocational rehabilitation services that is directly or
	indirectly acquired by an officer or employee of the state or its
	political subdivisions in the course of the person's official
	duties.
	Sec. 352.007.  CRIMINAL HISTORY RECORD INFORMATION.
	(a)  The commission may obtain criminal history record information
	from the Texas Department of Criminal Justice and the Texas
	Department of Public Safety if the criminal history records relate
	to:
	(1)  an applicant selected for employment with the
	commission whose potential duties include direct contact with
	clients to provide vocational rehabilitation services or other
	services under this subtitle;
	(2)  an applicant for vocational rehabilitation
	services or other services under this subtitle from the commission;
	or
	(3)  a client receiving vocational rehabilitation
	services or other services under this subtitle.
	(b)  The Texas Department of Criminal Justice and the Texas
	Department of Public Safety on request shall supply to the
	commission criminal history record information relating to
	applicants selected for employment with the commission whose
	potential duties include direct contact with clients to provide
	vocational rehabilitation services, applicants for vocational
	rehabilitation services from the commission, or vocational
	rehabilitation clients of the commission.  The commission shall
	treat all criminal history record information as privileged and
	confidential and for commission use only.
	(c)  The commission by rule shall establish criteria for
	denying a person's application for employment with the commission
	to provide vocational rehabilitation services based on criminal
	history record information obtained as authorized by this section.
	Sec. 352.008.  HEARINGS. An applicant for or recipient of
	vocational rehabilitation services who is aggrieved by an action or
	inaction under this chapter is entitled to a hearing by the
	commission in accordance with law.
	SUBCHAPTER B.  GENERAL POWERS AND DUTIES
	Sec. 352.051.  VOCATIONAL REHABILITATION PROGRAM FOR
	INDIVIDUALS WITH DISABILITIES. (a)  The commission shall conduct a
	program to provide vocational rehabilitation services to eligible
	individuals with disabilities.
	(b)  To achieve the purposes of the program, the commission
	may:
	(1)  cooperate with other public and private agencies
	in studying the problems involved in providing vocational
	rehabilitation and in establishing, developing, and providing
	necessary or desirable facilities and services;
	(2)  enter into reciprocal agreements with other states
	to provide vocational rehabilitation for the residents of the
	states concerned; and
	(3)  conduct research and compile statistics relating
	to the vocational rehabilitation of individuals with disabilities.
	Sec. 352.052.  COOPERATION WITH FEDERAL GOVERNMENT;
	OBTAINING FEDERAL FUNDS. (a)  The commission shall cooperate with
	the federal government to accomplish the purposes of federal laws
	relating to vocational rehabilitation for individuals with
	disabilities and closely related activities.
	(b)  The commission shall negotiate agreements or plans with
	the federal government and shall use efficient methods of
	administration and comply with other conditions required to secure
	the full benefits of the federal laws. If the commission determines
	that a provision of state law precludes conformity with a federal
	requirement and limits federal financial support, the commission
	may waive or modify the state law to the extent necessary to obtain
	the full benefits of the federal law.
	(c)  The commission may comply with any requirements
	necessary to obtain federal funds to be used for vocational
	rehabilitation services in the maximum amount and most advantageous
	proportion possible.
	Sec. 352.053.  CONTRACTS FOR SERVICE. (a)  The commission
	shall include in its contracts with service providers under this
	chapter provisions relating to:
	(1)  clearly defined and measurable program
	performance standards that directly relate to the service provided;
	(2)  clearly defined penalties for nonperformance of a
	contract term; and
	(3)  clearly specified accounting, reporting, and
	auditing requirements applicable to money received under the
	contract.
	(b)  The commission shall monitor a service provider's
	performance under a contract for service under this chapter. In
	monitoring performance, the commission shall:
	(1)  use a risk-assessment methodology to institute
	statewide monitoring of contract compliance of service providers;
	and
	(2)  evaluate service providers based on clearly
	defined and measurable program performance objectives.
	Sec. 352.054.  RATES FOR MEDICAL SERVICES. (a)  The
	commission by rule shall adopt standards governing the
	determination of rates paid for medical services provided under
	this chapter.  The rules must provide for an annual reevaluation of
	the rates.
	(b)  The commission shall establish a schedule of rates based
	on the standards adopted under Subsection (a).  In adopting the rate
	schedule, the commission shall:
	(1)  compare the proposed rate schedule to other
	cost-based and resource-based rates for medical services,
	including rates paid under Medicaid and the Medicare program; and
	(2)  for any rate adopted that exceeds the Medicaid or
	Medicare rate for the same or a similar service, document the
	reasons why the adopted rate reflects consideration of the best
	value, provider availability, and consumer choice.
	(c)  The commission shall provide notice to interested
	persons and allow those persons to present comments before adopting
	the standards and schedule of rates under Subsections (a) and (b).
	Sec. 352.055.  CONTRACT PAYMENT. The commission shall base
	payment under a contract for vocational rehabilitation services on
	outcome-based performance standards defined in the contract.
	Sec. 352.056.  CONTRACTS FOR ADAPTIVE TECHNOLOGY. The
	commission shall include in a contract under this chapter with a
	supplier of adaptive technology equipment provisions that require
	the supplier to provide training for clients receiving the adaptive
	technology equipment.
	Sec. 352.057.  LOANS FOR VISUAL AIDS. (a)  The commission
	may establish a program to make loans to finance the purchase of
	technological aids for individuals with visual impairments.
	Interest on the loans may not exceed 10 percent per year.
	(b)  The commission may adopt rules to administer the loan
	program.
	Sec. 352.058.  SUBROGATION. (a)  By providing a person
	rehabilitation services, including medical care services, under
	this subchapter, the commission is subrogated to the person's right
	of recovery from:
	(1)  personal insurance;
	(2)  another person for personal injury caused by the
	other person's negligence or wrongdoing; or
	(3)  any other source.
	(b)  The commission's right of subrogation is limited to the
	cost of the services provided.
	(c)  The commission may totally or partially waive the
	commission's right of subrogation when the commission finds that
	enforcement would tend to defeat the purpose of rehabilitation.
	(d)  The commission may adopt rules for the enforcement of
	the commission's right of subrogation.
	Sec. 352.059.  WORK INCENTIVES AND SUPPLEMENTAL SECURITY
	INCOME (SSI). The commission shall employ a person at the
	commission's central office to:
	(1)  train counselors to understand and use work
	incentives; and
	(2)  review cases to ensure that commission clients are
	informed of the availability of and assisted in obtaining work
	incentives and Supplemental Security Income (SSI) (42 U.S.C.
	Section 1381 et seq.).
	SUBCHAPTER C. PROVISION OF AND ELIGIBILITY FOR VOCATIONAL
	REHABILITATION SERVICES
	Sec. 352.101.  INTEGRATION OF VOCATIONAL REHABILITATION
	PROGRAMS. (a)  Not later than October 1, 2017, and subject to
	federal approval, the commission shall integrate into a single
	vocational rehabilitation program the following programs that are
	operated under the federal Rehabilitation Act of 1973 (29 U.S.C.
	Sections 720 through 751):
	(1)  the vocational rehabilitation program for
	individuals with visual impairments; and
	(2)  the vocational rehabilitation program for
	individuals with other disabilities.
	(b)  Not later than October 1, 2017, to facilitate the
	integration of the vocational rehabilitation programs identified
	in Subsection (a), the commission shall at a minimum:
	(1)  reorganize the commission's vocational
	rehabilitation services in order to provide services based on an
	individual's functional need instead of an individual's type of
	disability;
	(2)  develop a plan to support specialization of
	vocational rehabilitation counselors in serving different client
	populations, including sufficient specialization in individuals
	with visual impairments to maintain expertise in serving that
	population;
	(3)  redesign performance measures for the provision of
	vocational rehabilitation services;
	(4)  consolidate policies for the provision of
	vocational rehabilitation services; and
	(5)  recommend the adoption of any rules necessary to
	implement this section.
	(c)  This section expires September 1, 2019.
	Sec. 352.102.  ELIGIBILITY FOR VOCATIONAL REHABILITATION
	SERVICES. The commission shall provide vocational rehabilitation
	services to individuals with disabilities eligible for those
	services under federal law.
	Sec. 352.103.  PROVISION OF VOCATIONAL REHABILITATION
	SERVICES. (a)  The commission by rule shall establish and maintain
	guidelines for providing vocational rehabilitation services that
	are consistent with state and federal laws and that include:
	(1)  a system of organization for the delivery of
	vocational rehabilitation services statewide;
	(2)  eligibility requirements for vocational
	rehabilitation services;
	(3)  requirements for the rehabilitation planning
	process;
	(4)  the types of services that may be provided to a
	client through a vocational rehabilitation program; and
	(5)  requirements for client participation in the costs
	of vocational rehabilitation services, including documentation
	that a client has sought benefits for which the client is eligible
	from sources other than the commission and that may assist the
	client in obtaining vocational rehabilitation goods or services.
	(b)  The commission shall annually assess the effectiveness
	of the state's vocational rehabilitation program.
	Sec. 352.104.  TRAINING AND SUPERVISION OF COUNSELORS.
	(a)  The commission shall provide specific guidance to vocational
	rehabilitation counselors in:
	(1)  selecting vocational objectives according to a
	client's skills, experience, and knowledge;
	(2)  documenting a client's impediment to employment;
	(3)  selecting rehabilitation services that are
	reasonable and necessary to achieve a client's vocational
	objective;
	(4)  measuring client progress toward the vocational
	objective, including the documented, periodic evaluation of the
	client's rehabilitation and participation; and
	(5)  determining eligibility of employed and
	unemployed applicants for rehabilitation services using criteria
	defined by commission rule to document whether a client is
	substantially underemployed or at risk of losing employment.
	(b)  The commission by rule shall require monitoring and
	oversight of vocational rehabilitation counselor performance and
	decision making in accordance with this section.
	Sec. 352.105.  SPECIALIZED TRAINING FOR CERTAIN EMPLOYEES.
	(a)  The commission shall establish and require employee
	participation in a specialized training program for certain
	employees, including vocational rehabilitation transition
	specialists and transition counselors, whose duties involve
	assisting youth with disabilities to transition to post-schooling
	activities, services for adults, or community living.
	(b)  The training program must provide employees with
	information regarding:
	(1)  supports and services available from health and
	human services agencies, as defined by Section 531.001, Government
	Code, for:
	(A)  youth with disabilities who are
	transitioning into post-schooling activities, services for adults,
	or community living; and
	(B)  adults with disabilities;
	(2)  community resources available to improve the
	quality of life for:
	(A)  youth with disabilities who are
	transitioning into post-schooling activities, services for adults,
	or community living; and
	(B)  adults with disabilities; and
	(3)  other available resources that may remove
	transitional barriers for youth with disabilities who are
	transitioning into post-schooling activities, services for adults,
	or community living.
	(c)  In developing the training program required by this
	section, the commission shall collaborate with health and human
	services agencies, as defined by Section 531.001, Government Code,
	as necessary.
	Sec. 352.106.  PAYMENT OF SHIFT DIFFERENTIALS. The
	commission by rule may develop and implement policies allowing
	shift differentials to be paid to employees in the vocational
	rehabilitation program under this chapter.
	Sec. 352.107.  CLIENT ORIENTATION MATERIALS. The commission
	shall develop and distribute at intake client orientation materials
	for the vocational rehabilitation program that include information
	on the commission's decision-making criteria.
	Sec. 352.108.  COORDINATION WITH TEXAS EDUCATION AGENCY.
	(a)  For purposes of this section, "transition services" means
	services provided to students with disabilities to assist the
	students in making the transition from secondary school to
	postsecondary education programs or competitive integrated
	employment.
	(b)  The commission and the Texas Education Agency shall
	collaborate to develop a mechanism to identify the areas of the
	state with the greatest needs for transition services for students
	with disabilities. The mechanism must account for the commission's
	limited resources and a school district's needs, including:
	(1)  the school district's resources for special
	education;
	(2)  the number of students with disabilities in the
	school district; and
	(3)  other factors that the commission and the Texas
	Education Agency consider important.
	(c)  The commission and the Texas Education Agency shall
	update the mechanism developed under Subsection (b) on a periodic
	basis.
	(d)  The commission shall develop uniform, statewide
	policies for transition services that include:
	(1)  the goal that a transition counselor initiate
	contact with a student approximately three years before the student
	is expected to graduate from high school;
	(2)  the minimum level of services to be provided to a
	student at the time that a transition counselor initiates contact
	with the student;
	(3)  standards, based on the mechanism developed under
	Subsection (b), for assigning a transition counselor to a school
	that ensure consistency among regions but that are not too
	restrictive;
	(4)  expectations for transition counselors to develop
	relationships with school personnel, including the employee
	designated to serve as the school district's designee on transition
	and employment services under Section 29.011(b), Education Code;
	and
	(5)  expectations for regional commission staff to work
	with education service center representatives on a regular basis to
	identify areas of greatest need and to discuss local strategies for
	coordination between transition counselors and schools.
	(e)  The commission and the Texas Education Agency shall
	enter into a memorandum of understanding to comply with the
	policies under this section and to improve coordination between the
	agencies. The memorandum of understanding must include:
	(1)  strategies to better inform transition clients,
	clients' families, and school personnel regarding the commission's
	available services and contact information for commission
	transition counselors; and
	(2)  a process to be used by the commission and the
	Texas Education Agency to develop and update the mechanism used to
	identify students who may need services.
	(f)  On or after September 1, 2016, but not later than
	September 1, 2017:
	(1)  the commission and the Texas Education Agency
	shall develop the mechanism required in Subsection (b) and enter
	into the memorandum of understanding required in Subsection (e);
	and
	(2)  the commission shall develop the policies
	described in Subsection (d).
	(g)  Subsection (f) and this subsection expire September 1,
	2018.
	CHAPTER 353.  INDEPENDENT LIVING SERVICES
	Sec. 353.001.  DEFINITION.  In this chapter, "center for
	independent living" has the meaning assigned by Section 702 of the
	federal Rehabilitation Act of 1973 (29 U.S.C. Section 796a).
	Sec. 353.002.  INTEGRATION OF INDEPENDENT LIVING SERVICES
	PROGRAMS.  (a)  Not later than September 1, 2017, the commission
	shall integrate into a single independent living services program
	the following programs that the commission operates under Title VII
	of the federal Rehabilitation Act of 1973 (29 U.S.C. Section 796 et
	seq.):
	(1)  the Independent Living Program for individuals who
	are blind or have visual impairments;
	(2)  the Independent Living Services Program for
	individuals with significant disabilities; and
	(3)  the Independent Living Services Program for older
	individuals who are blind.
	(b)  The commission shall adopt any rules necessary to
	facilitate the integration of the programs identified in Subsection
	(a), including rules that direct the commission, as the single
	designated state entity responsible for administering the state's
	independent living services program, to comply with the
	requirements of 29 U.S.C. Section 796c for the integrated program.
	(c)  This section expires September 1, 2018.
	Sec. 353.003.  PROVISION OF INDEPENDENT LIVING SERVICES.
	(a)  The commission shall ensure that all services provided under
	the independent living services program that the commission
	operates under Title VII of the federal Rehabilitation Act of 1973
	(29 U.S.C. Section 796 et seq.) are directly provided by centers for
	independent living, except as provided by Subsection (b), and are
	not directly provided by the commission.
	(b)  If an area of the state does not have a center for
	independent living, or no center for independent living in that
	area is able to provide certain necessary services under the
	independent living services program, the commission shall seek to
	identify a center for independent living that is willing and able to
	contract with a nonprofit organization or other person to provide
	the independent living services in the area under the program. If
	no center for independent living is willing and able to contract
	with another organization or other person, the commission may
	directly contract with an organization or other person who is not a
	center for independent living to provide the independent living
	services in the area under the program.
	(c)  The commission shall evaluate the independent living
	services provided by a center for independent living and shall
	provide necessary training or technical assistance to help the
	center for independent living expand its capacity to provide a full
	range of independent living services.
	(d)  The commission shall monitor the performance of each
	center for independent living in providing independent living
	services, including how the center for independent living monitors
	the performance of the organizations and other persons with whom it
	contracts to provide independent living services.
	(e)  The commission shall adopt rules to implement this
	section that include:
	(1)  an equitable and transparent methodology for
	allocating funds to centers for independent living under the
	independent living services program;
	(2)  requirements applicable to the commission in
	contracting with centers for independent living to provide
	independent living services under the program;
	(3)  requirements applicable to centers for
	independent living in contracting with organizations and other
	persons to provide independent living services under the program;
	(4)  requirements applicable to the commission in
	contracting with organizations or other persons who are not centers
	for independent living to provide independent living services under
	the program;
	(5)  a process for the commission to monitor
	independent living services contracts;
	(6)  guidelines on the commission's role in providing
	technical assistance and training to centers for independent living
	as necessary; and
	(7)  expectations for commission employees to refer
	persons who contact the commission seeking independent living
	services to centers for independent living.
	(f)  Notwithstanding the requirements of this section, the
	commission shall ensure that services provided under the
	independent living services program are provided as required by
	this section not later than August 31, 2017.  This subsection
	expires September 1, 2018.
	CHAPTER 354.  SOCIAL SECURITY DISABILITY DETERMINATION SERVICES
	Sec. 354.001.  COOPERATION WITH FEDERAL GOVERNMENT ON SOCIAL
	SECURITY DISABILITY DETERMINATION SERVICES. To the extent
	resources are made available by the federal government, the
	commission may make agreements, arrangements, or plans to cooperate
	with the federal government in carrying out the purposes of any
	federal statute pertaining to the disability determination
	function under the Social Security Act.
	Sec. 354.002.  METHODS OF ADMINISTRATION.  To achieve the
	purposes of Section 354.001, the commission shall adopt methods of
	administration that:
	(1)  are found by the federal government to be
	necessary to the disability determination function; and
	(2)  are not contrary to existing state laws.
	SECTION 25.  Chapter 94, Human Resources Code, as amended by
	S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
	is transferred to Subtitle C, Title 4, Labor Code, as added by this
	Act, redesignated as Chapter 355, Labor Code, and amended to read as
	follows:
	CHAPTER 355 [94].  VENDING FACILITIES OPERATED BY BLIND PERSONS
	Sec. 355.001 [94.001].  DEFINITIONS.  In this chapter:
	(1)  "Blind person" means a person having not more than
	20/200 visual acuity in the better eye with correcting lenses or
	visual acuity greater than 20/200 but with a limitation in the field
	of vision such that the widest diameter of the visual field subtends
	an angle no greater than 20 degrees.
	[(1-a)     "Department" means the Department of Assistive
	and Rehabilitative Services.
	[(1-b)     "Executive commissioner" means the executive
	commissioner of the Health and Human Services Commission.]
	(2)  "Vending facility" means a facility in which food,
	drinks, drugs, novelties, souvenirs, tobacco products, notions, or
	related items are sold regularly.  The term excludes facilities
	consisting solely of vending machines that do not compete directly
	or indirectly with a facility that is or could be operated by a
	person with a disability.
	(3)  "State property" means land and buildings owned,
	leased, or otherwise controlled by the state.
	(4)  "Agency" means the state agency in charge of state
	property.
	(5)  "Disability" means a physical or mental condition
	that the commission [department] determines to constitute a
	substantial vocational disadvantage.
	Sec. 355.002 [94.002].  LICENSE OR PERMIT REQUIRED.  (a)  No
	person may operate a vending facility or a facility with vending
	machines or other coin-operated devices on state property unless
	the person is licensed to do so by the commission [department] or is
	authorized to do so by an agency granted a permit to arrange for
	vending facilities.
	(b)  Subsection (a) does not apply to a building in which the
	Texas Facilities Commission leases space to a private tenant under
	Subchapter E, Chapter 2165, Government Code.
	Sec. 355.003 [94.003].  LICENSING PROCEDURE.  (a)  On its
	own initiative or at the request of an agency that controls state
	property, the commission [department] shall survey the property, or
	blueprints and other available information concerning the
	property, to determine whether the installation of a vending
	facility is feasible and consonant with the commission's
	[department's] vocational rehabilitation objectives.
	(b)  If the installation of the facility is feasible, the
	commission [department] shall either license a blind person to
	operate a facility to be installed by the commission [department]
	or install a facility to be operated by a person with a disability
	who is not blind according to rules and procedures adopted by the
	commission [executive commissioner].
	Sec. 355.004 [94.004].  LOCATION OF VENDING FACILITIES.
	(a)  With the concurrence of the agency in charge of state
	property, the commission [department] shall designate the location
	of vending facilities that have been requested by the agency.
	(b)  The agency responsible for state property shall alter
	the property to make it suitable for the proper operation of the
	vending facilities.  To this end, the agency in charge of
	constructing new state property shall consult with the commission
	[department] during the planning stage on the construction.
	Sec. 355.005 [94.005].  ISSUANCE OF LICENSES; ELIGIBILITY.
	(a)  The commission [department] may issue a license to operate its
	vending facilities on state property to blind citizens of the state
	who are capable of operating the facilities in a manner that is
	reasonably satisfactory to all parties concerned.
	(b)  Before issuing a license to a person, the commission
	[department] shall determine whether the person has the physical,
	psychological, and personal traits and abilities required to
	operate a vending facility in a satisfactory manner.
	(c)  The commission [department] shall maintain a roster of
	the names of each person who has been certified as suitable for
	licensing.  If two or more equally qualified persons are listed on
	the roster and apply for a license to operate an available vending
	facility, the commission [department] shall issue the license to
	the person who is most in need of employment.
	(d)  The granting of a license does not vest the licensee
	with property or other rights which may constitute the basis of a
	cause of action, at law or in equity, against the state or its
	officers or employees.
	Sec. 355.006 [94.006].  EXPIRATION, RENEWAL, AND REVOCATION
	OF LICENSES.  (a)  A license or general permit to operate a vending
	facility on state property is valid for a period of three years from
	the date it is issued.
	(b)  The commission [department] shall review each license
	or permit prior to its expiration and shall issue a new or different
	license or permit as the circumstances warrant.
	(c)  The commission [department] and the agency may consent
	mutually to revoke a general permit prior to its expiration if
	changed circumstances warrant that action.
	(d)  A blind person's wilful failure to comply with the
	commission's [department's] rules or the provisions of this chapter
	constitutes grounds for the automatic revocation of the person's
	license.
	(e)  The commission [executive commissioner] shall adopt
	substantive and procedural rules governing the revocation of
	licenses.
	Sec. 355.007 [94.007].  OPERATION OF VENDING FACILITIES BY
	CERTAIN PERSONS WHO ARE NOT BLIND.  If the commission [department]
	determines that a blind person could not properly operate a vending
	facility at a particular location, the commission [department] may
	survey the property to determine whether a person with a disability
	that is not of a visual nature could operate the facility in a
	proper manner.
	Sec. 355.008 [94.008].  CLOSING CERTAIN FACILITIES
	PROHIBITED.  Neither a vending facility operated by an individual
	with a disability, nor a vending facility location surveyed by the
	commission [department], may be closed as a result of the transfer
	of state property from one agency to another, the alteration of a
	state building, or the reorganization of a state agency unless the
	commission [department] agrees to the closing.
	Sec. 355.009 [94.009].  EMPLOYMENT OF ASSISTANTS.  (a)  If
	an individual licensed to operate a vending facility on state
	property requires an assistant, a qualified person with a
	disability of a visual nature must be given preference for
	employment.  If the commission [department] determines that a
	person with a disability of a visual nature could not perform the
	labor for which an assistant is required, or if a person with a
	disability of a visual nature is not available, a person with a
	disability that is not of a visual nature must be given preference
	for employment.  [If no person with a disability is available for
	the job, preference must be given to a person who is socially,
	culturally, economically, or educationally disadvantaged.]
	(b)  An assistant employed by a blind person licensed by the
	commission [department] must be approved by the commission
	[department], and the deliberate refusal of a blind licensee to
	comply with this section constitutes grounds for the revocation of
	the person's [his or her] license.
	Sec. 355.010 [94.010].  COMPETING VENDING MACHINES.
	(a)  If the commission [department] and an agency agree to the
	installation and operation of an additional vending facility or
	vending machine on property that already has a commission-sponsored
	[department-sponsored] vending facility, no additional permit or
	license is required.  However, the installation of a competing
	vending facility consisting of vending machines or other
	coin-operated devices must be authorized by the commission
	[department].  The commission's [department's] authorization must
	be made with a view toward providing the greatest economic benefits
	for blind persons consonant with supplying the additional services
	required at the building.
	(b)  State agencies shall cooperate and negotiate in good
	faith to accomplish the purposes of this chapter.
	(c)  Individuals with disabilities who operate vending
	facilities on state property are entitled to receive all
	commissions from vending machines installed on the same property.
	If two or more vending facilities are operated by individuals with
	disabilities in a building in which vending machines are installed,
	the commission [department] shall divide the commissions from the
	vending machines among the operators with disabilities in a manner
	that will achieve equity and equality in the incomes of those
	operators.  If the commission [department] has decided not to
	locate a vending facility in a building, the agency to whom a
	general permit has been issued shall determine the assignment of
	the commissions from vending machines installed in the building.
	Sec. 355.011 [94.011].  VENDING FACILITY EQUIPMENT AND
	STOCK.  (a)  The commission [department] may supply a blind vending
	facility operator with equipment and initial stock necessary for
	the operator to begin business.
	(b)  The commission [department] shall collect and set aside
	from the proceeds of the operation of its vending facilities enough
	money:
	(1)  to insure a sufficient amount of initial stock for
	the facilities and for their proper maintenance;
	(2)  to pay the costs of supervision and other expenses
	incidental to the operation of the facilities; and
	(3)  to pay other program costs to the extent necessary
	to assure fair and equal treatment of the blind persons licensed to
	operate the facilities and to the extent allowed under federal
	programs that provide financial support to the commission
	[department].
	(c)  Except for purchasing and installing original
	equipment, the operation of commission-sponsored
	[department-sponsored] vending facilities must be as
	self-supporting and self-sustaining as possible.  To achieve this
	end, the commission [department] shall periodically review and,
	when necessary, revise its schedules for collecting and setting
	aside money from the proceeds of its vending facilities.
	Sec. 355.012 [94.012].  DUTIES AND PRIVILEGES OF PARTIES.
	(a)  The commission [executive commissioner] may promulgate rules
	and [the department may] initiate procedures necessary to implement
	this chapter.
	(b)  A blind person licensed to operate a vending facility on
	state property shall operate the facility in accordance with law
	and the commission's [department's] rules and policies.
	(c)  The agency in charge of state property shall cooperate
	with the commission [department] and its blind licensees to
	accomplish the purposes of this chapter.  The agency shall also
	furnish all necessary utility service, including connections and
	outlets required for the installation of the facility, janitorial
	and garbage disposal services where feasible, and other related
	assistance.
	Sec. 355.013 [94.013].  TRAINING PROGRAMS.  The commission
	[department] may establish training or experimentation locations
	necessary to train blind persons who desire to be licensed to
	operate vending facilities and to develop techniques which will
	allow blind persons to operate the facilities or related types of
	small businesses more efficiently and productively.
	Sec. 355.014 [94.014].  CONFORMITY WITH FEDERAL STATUTES.
	(a)  This chapter shall be construed in a manner consistent with
	the requirements of federal programs that provide financial
	assistance to the commission [department].
	(b)  If a provision of this chapter conflicts with a federal
	program requirement, the commission [department] may waive or
	modify the provision to the extent necessary to secure the full
	benefits of the federal program.
	Sec. 355.015 [94.015].  APPLICATION OF CHAPTER.  (a)  This
	chapter does not apply to:
	(1)  property over which the federal government
	maintains partial or complete control;
	(2)  property maintained and operated by
	state-supported institutions of higher education; provided,
	however, that the commission [department] may enter into agreements
	with state institutions of higher education concerning the use of
	blind labor in vending facilities at the institutions; or
	(3)  property purchased by the state or an agency of the
	state, property to which title is transferred from one state agency
	to another, or property control of which is transferred from one
	state agency to another, if:
	(A)  at the time of purchase or transfer of title
	or control, a vending facility is being operated on the property
	under lease, license, or contract; and
	(B)  prior to the time of purchase or transfer of
	title or control, the provisions of this chapter were rendered
	inapplicable to such property by this section or other law.
	(b)  This chapter does not apply to vending facilities
	operated by an institution for persons with mental illness or
	intellectual disabilities that is under the control of the
	Department of State Health Services, the Department of Aging and
	Disability Services, or a successor to one of those departments, if
	the vending facilities are operated without profit for the benefit
	of the patients at the institution.
	(c)  This chapter does not prohibit the commission
	[department] from selecting blind persons to operate other suitable
	types of vending facilities or business enterprises, and the
	chapter does not prohibit the installation of automated vending
	facilities serviced by blind persons.
	Sec. 355.016 [94.016].  BUSINESS ENTERPRISES PROGRAM.
	(a)  The commission [department] is authorized to administer the
	Business Enterprises Program in accordance with the provisions of
	the Randolph-Sheppard Act (20 U.S.C. Section 107 et seq.).
	(b)  The commission [department] is authorized to administer
	a retirement program for individuals licensed to operate vending
	facilities in accordance with applicable state and federal laws.
	(c)  A trust fund for a retirement program for individuals
	licensed to operate vending facilities under the Business
	Enterprises Program is established with the comptroller.  This
	trust fund will be set up in the state treasury.
	(d)  All federal vending machine income shall be credited to
	this Business Enterprises Program trust fund.  Vending machine
	income, as defined by 34 C.F.R. Section 395.1(z), means receipts
	(other than those of a blind vendor) from vending machine
	operations on federal property, after deducting the cost of goods
	sold (including reasonable service and maintenance costs) in
	accordance with customary business practices of commercial vending
	concerns, where the machines are operated, serviced, or maintained
	by, or with the approval of, a department, agency, or
	instrumentality of the United States, or commissions paid (other
	than to a blind vendor) by a commercial vending concern which
	operates, services, and maintains vending machines on federal
	property for, or with the approval of, a department, agency, or
	instrumentality of the United States.
	(e)  All expenditures authorized by the Randolph-Sheppard
	Act from federal vending revenue funds shall be paid from the
	Business Enterprises Program trust fund.
	(f)  The commission [department] may contract with a
	professional management service to administer the Business
	Enterprises Program trust fund.  In administering the trust fund,
	the professional management service may acquire, exchange, sell, or
	retain any kind of investment that a prudent investor, exercising
	reasonable care, skill, and caution, would acquire, exchange, sell,
	or retain under the circumstances, taking into consideration the
	investment of all the assets of the trust fund.
	(g)  With the approval of the comptroller, the commission
	[department] may select a commercial bank, depository trust
	company, or other entity to serve as a custodian of the Business
	Enterprises Program trust fund's securities, and money realized
	from those securities, pending completion of an investment
	transaction.  Money realized from those securities must be:
	(1)  reinvested not later than one business day after
	the date it is received; or
	(2)  deposited in the treasury not later than the fifth
	business day after the date it is received.
	SECTION 26.  Section 301.0015, Property Code, is amended to
	read as follows:
	Sec. 301.0015.  TEXAS WORKFORCE COMMISSION [CIVIL RIGHTS
	DIVISION]. The powers and duties exercised by the Commission on
	Human Rights under this chapter are transferred to the Texas
	Workforce Commission [civil rights division].  A reference in this
	chapter to the "commission" means the Texas Workforce Commission
	[civil rights division].
	SECTION 27.  The following provisions, including provisions
	amended by, or redesignated and amended by, S.B. No. 219, Acts of
	the 84th Legislature, Regular Session, 2015, are repealed:
	(1)  Section 132.201(b), Education Code;
	(2)  Subchapter F, Chapter 419, Government Code;
	(3)  Section 91.016(e), Human Resources Code;
	(4)  Subchapter E, Chapter 91, Human Resources Code;
	(5)  Section 111.016, Human Resources Code;
	(6)  Section 111.0205, Human Resources Code;
	(7)  Section 111.053(b), Human Resources Code;
	(8)  Section 111.061, Human Resources Code;
	(9)  Section 117.058, Human Resources Code;
	(10)  Subchapter F, Chapter 117, Human Resources Code;
	and
	(11)  Sections 301.151(3) and 301.152, Labor Code.
	SECTION 28.  (a)  Except as provided by Subsection (b) of
	this section, not later than September 1, 2016, the Texas Workforce
	Commission shall adopt all rules, policies, and procedures required
	by the changes in law made by this Act.
	(b)  Not later than September 1, 2017, the Texas Workforce
	Commission shall adopt all rules, policies, and procedures required
	by Subtitle C, Title 4, Labor Code, as added by this Act.
	(c)  Section 301.157, Labor Code, as added by this Act,
	applies beginning with the annual report submitted to the governor
	and the legislature by the Texas Workforce Commission that covers
	the state fiscal year ending August 31, 2015.
	SECTION 29.  On the effective date of this Act, the human
	rights commission that governed the Texas Workforce Commission
	civil rights division under Section 301.153, Labor Code, before the
	effective date of this Act is abolished.  The validity of an action
	taken by the human rights commission before that date is not
	affected by the abolition.  The changes in law made by this Act do
	not affect a case or proceeding pending under Chapter 21, Labor
	Code, or Chapter 301, Property Code, on the effective date of this
	Act.
	SECTION 30.  (a) On September 1, 2016, subject to receipt of
	federal approval, if required, for the Texas Workforce Commission
	to administer vocational rehabilitation services and other
	services and programs under Subtitle C, Title 4, Labor Code, as
	added by this Act:
	(1)  those services and programs and related powers,
	duties, functions, and activities, including rulemaking authority,
	are transferred to the Texas Workforce Commission;
	(2)  all obligations and contracts of the Department of
	Assistive and Rehabilitative Services that are related to a
	transferred service or program are transferred to the Texas
	Workforce Commission;
	(3)  all property and records in the custody of the
	Department of Assistive and Rehabilitative Services, including
	information technology systems, that are related to a transferred
	service or program and all funds appropriated by the legislature
	and other money for the service or program shall be transferred to
	the Texas Workforce Commission; and
	(4)  all complaints, investigations, or contested
	cases that are pending before the Department of Assistive and
	Rehabilitative Services that are related to a transferred service
	or program are transferred without change in status to the Texas
	Workforce Commission.
	(b)  After a transfer of services and programs occurs under
	Subsection (a) of this section, a rule or form adopted by the
	executive commissioner of the Health and Human Services Commission
	or by the Department of Assistive and Rehabilitative Services, as
	applicable, that relates to a transferred service or program is a
	rule or form of the Texas Workforce Commission and remains in effect
	until altered by the Texas Workforce Commission.
	(c)  After a transfer of services and programs occurs under
	Subsection (a) of this section, a reference in law to the executive
	commissioner of the Health and Human Services Commission or the
	Department of Assistive and Rehabilitative Services that relates to
	a transferred service or program means the Texas Workforce
	Commission.
	(d)  After a transfer of services and programs occurs under
	Subsection (a) of this section, a license, permit, or certification
	in effect that was issued by the Department of Assistive and
	Rehabilitative Services and that relates to a transferred service
	or program is continued in effect as a license, permit, or
	certification of the Texas Workforce Commission.
	SECTION 31.  As soon as practicable after the effective date
	of this Act, the Texas Workforce Commission and the Health and Human
	Services Commission, in consultation with the Texas Facilities
	Commission, shall develop a plan for leased office or building
	space where staff that will be affected by the transfer of the
	administration of services and programs to the Texas Workforce
	Commission under this Act are located. The plan developed under
	this section must:
	(1)  identify all leased office or building space where
	staff that will be affected by the transfers are located or
	co-located;
	(2)  identify the term and costs of each existing
	lease;
	(3)  identify the feasibility of canceling a lease or
	consolidating office or building space based on the factors set out
	in state law, including the General Appropriations Act;
	(4)  identify the location of each leased office or
	building space and its proximity to relevant client populations;
	and
	(5)  include a recommendation for either the
	cancellation or continued use of each leased office or building
	space based on the best values for the state.
	SECTION 32.  (a) As soon as practicable after the effective
	date of this Act, but not later than October 1, 2015, the Health and
	Human Services Commission, the Department of Assistive and
	Rehabilitative Services, and the Texas Workforce Commission shall
	complete the development of a plan for transitioning data and
	information technology systems that support the administration of
	services and programs under Subtitle C, Title 4, Labor Code, as
	added by this Act, from the Department of Assistive and
	Rehabilitative Services and the Health and Human Services
	Commission to the Texas Workforce Commission. The Legislature
	finds that planning for the timely and successful transition of
	data and information technology systems is essential to the
	administration of these services and programs.
	(b)  The plan developed under this section must:
	(1)  identify the purpose or need for each of the data
	and information technology systems;
	(2)  identify how the data and information technology
	systems will be used;
	(3)  identify the date the data and information
	technology system will be shared with the Texas Workforce
	Commission;
	(4)  identify the persons or classes of persons at each
	agency who require access to information to implement the plan;
	(5)  require the appropriate privacy and security
	controls for access;
	(6)  limit the disclosure of personal information to
	the minimum amount necessary to accomplish the purpose of the plan;
	and
	(7)  to the extent federal approval is required to
	implement any part of the plan, require the agencies to obtain the
	required federal approvals before implementing that part of the
	plan.
	(c)  Notwithstanding any other law, not later than October 1,
	2015, the agencies shall share information as needed to implement
	the plan developed under this section, subject to the plan's
	requirements and execution of all agreements necessary to ensure
	the privacy, security, and confidentiality of the information.
	(d)  The agencies shall coordinate activities under the plan
	as needed to reflect any changes in circumstances or direction.
	SECTION 33.  The Department of Assistive and Rehabilitative
	Services and the Texas Workforce Commission shall actively seek any
	required federal approval to transfer the administration of
	services and programs under Subtitle C, Title 4, Labor Code, as
	added by this Act, from the department to the commission on
	September 1, 2016.
	SECTION 34.  Except as otherwise provided by this Act, this
	Act takes effect September 1, 2015.
	* * * * *