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  H.B. No. 3426
 
 
 
 
AN ACT
  relating to the continuation and functions of the Texas Veterans
  Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 434.002(a), Government Code, is amended
  to read as follows:
         (a)  The Texas Veterans Commission is subject to Chapter 325
  (Texas Sunset Act).  Unless continued in existence as provided by
  that chapter, the commission is abolished September 1, 2013 [2007].
         SECTION 2.  Section 434.003, Government Code, is amended by
  amending Subsection (a) and adding Subsection (e) to read as
  follows:
         (a)  The commission is composed of five members appointed by
  the governor with the advice and consent of the senate. The
  governor shall make each appointment without regard to the race,
  color, disability [creed], sex, religion, age, or national origin
  of the appointee.
         (e)  A person may not be a member of the commission if the
  person or the person's spouse:
               (1)  is employed by or participates in the management
  of a business entity or other organization, other than a veterans
  service organization, receiving money from the commission; or
               (2)  owns or controls, directly or indirectly, more
  than a 10 percent interest in a business entity or other
  organization receiving money from the commission.
         SECTION 3.  Section 434.004, Government Code, is amended to
  read as follows:
         Sec. 434.004.  CONFLICT OF INTEREST.  (a)  In this section,
  "Texas trade association" means a cooperative and voluntarily
  joined statewide association of business or professional
  competitors in this state designed to assist its members and its
  industry or profession in dealing with mutual business or
  professional problems and in promoting their common interest.
         (b)  A person may not be a commission employee employed in a
  "bona fide executive, administrative, or professional capacity,"
  as that phrase is used for purposes of establishing an exemption to
  the overtime provisions of the federal Fair Labor Standards Act of
  1938 (29 U.S.C. Section 201 et seq.), if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas or national veterans service organization or
  a Texas trade association in the field of labor, workforce
  development, or career schools and colleges; or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas or national veterans service organization or
  a Texas trade association in the field of labor, workforce
  development, or career schools and colleges.
         (c)  A person may not serve as a member of the commission if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of labor,
  workforce development, or career schools and colleges; or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of labor,
  workforce development, or career schools and colleges.
         (d)  A person required to register as a lobbyist under
  Chapter 305 because of activities on behalf of a veterans
  association may not serve as a member of or as general counsel to
  the commission.
         SECTION 4.  Section 434.005, Government Code, is amended to
  read as follows:
         Sec. 434.005.  REMOVAL.  (a)  It is a ground for removal from
  the commission if a member:
               (1)  does [did] not have at the time of taking office
  [when appointed], or does not maintain during the service on the
  commission, the qualifications required by Section 434.003 for
  appointment to the commission;
               (2)  violates a prohibition under Section 434.004; [or]
               (3)  fails to attend at least half of the regularly
  scheduled commission meetings held in a calendar year, excluding
  meetings held while the person was not a member of the commission
  without an excuse approved by a majority vote of the commission; or
               (4)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term.
         (b)  The validity of an action of the commission is not
  affected by the fact that it is taken when a ground for removal of a
  commission member exists.
         (c)  If the executive director has knowledge that a potential
  ground for removal exists, the executive director shall notify the
  presiding officer of the commission of the potential ground. The
  presiding officer shall then notify the governor and the attorney
  general that a potential ground for removal exists. If the
  potential ground for removal involves the presiding officer, the
  executive director shall notify the next highest ranking officer of
  the commission, who shall then notify the governor and the attorney
  general that a potential ground for removal exists.
         SECTION 5.  Section 434.006, Government Code, is amended to
  read as follows:
         Sec. 434.006.  OFFICERS; COMMISSION ACTIONS.  (a)  The
  governor shall designate a member of the commission as the
  presiding officer of the commission to serve in that capacity at the
  pleasure of the governor.
         (b)  The commission annually shall elect from among its
  members an assistant presiding officer [a chairman, a
  vice-chairman,] and a secretary. An officer shall serve until the
  officer's successor is appointed and qualified.
         (c) [(b)]  The commission shall meet at least once in each
  three-month period. No action may be taken by less than a majority
  of the commission.
         SECTION 6.  Subchapter A, Chapter 434, Government Code, is
  amended by adding Section 434.0061 to read as follows:
         Sec. 434.0061.  TRAINING. (a) A person who is appointed to
  and qualifies for office as a member of the commission may not vote,
  deliberate, or be counted as a member in attendance at a meeting of
  the commission until the person completes a training program that
  complies with this section.
         (b)  The training program must provide the person with
  information regarding:
               (1)  the legislation that created the commission;
               (2)  the programs, functions, rules, and budget of the
  commission;
               (3)  the results of the most recent formal audit of the
  commission;
               (4)  the requirements of laws relating to open
  meetings, public information, administrative procedure, and
  conflicts of interest; and
               (5)  any applicable ethics policies adopted by the
  commission or the Texas Ethics Commission.
         (c)  A person appointed to the commission is entitled to
  reimbursement, as provided by the General Appropriations Act, for
  the travel expenses incurred in attending the training program
  regardless of whether the attendance at the program occurs before
  or after the person qualifies for office.
         SECTION 7.  Subchapter A, Chapter 434, Government Code, is
  amended by adding Sections 434.0076 through 434.0078 to read as
  follows:
         Sec. 434.0076.  RECORD OF COMPLAINTS. (a) The commission
  shall maintain a system to promptly and efficiently act on
  complaints filed with the commission. The commission shall
  maintain information about parties to the complaint, the subject
  matter of the complaint, a summary of the results of the review or
  investigation of the complaint, and its disposition.
         (b)  The commission shall make information available
  describing its procedures for complaint investigation and
  resolution.
         (c)  The commission shall periodically notify the complaint
  parties of the status of the complaint until final disposition.
         Sec. 434.0077.  NEGOTIATED RULEMAKING AND ALTERNATIVE
  DISPUTE RESOLUTION PROCEDURES. (a) The commission shall develop
  and implement a policy to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008 for the adoption of commission rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009 to assist in the resolution of
  internal and external disputes under the commission's
  jurisdiction.
         (b)  The commission's procedures relating to alternative
  dispute resolution shall conform, to the extent possible, to any
  model guidelines issued by the State Office of Administrative
  Hearings for the use of alternative dispute resolution by state
  agencies.
         (c)  The commission shall designate a trained person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for any training needed to
  implement the procedures for negotiated rulemaking or alternative
  dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures, as implemented by the commission.
         Sec. 434.0078.  CLAIMS ASSISTANCE SERVICES. (a) The
  commission shall adopt procedures for administering claims
  assistance services under Section 434.007(5). The procedures shall
  include:
               (1)  criteria for determining when a veteran's initial
  claim is substantially complete and basic eligibility requirements
  are met as provided by federal law;
               (2)  a process for expediting a claim based on
  hardship, including whether the veteran:
                     (A)  is in immediate need;
                     (B)  is terminally ill;
                     (C)  has a verifiable financial hardship; or
                     (D)  has a disability that presents an undue
  burden;
               (3)  a procedure for counseling veterans on the
  potential merits or drawbacks of pursuing a claim;
               (4)  a process to ensure adequate documentation and
  development of a claim or appeal, including early client
  involvement, collection of needed evidence and records, and
  analysis of actions necessary to pursue and support a claim or
  appeal;
               (5)  criteria for evaluating whether a decision of the
  United States Department of Veterans Affairs contains sufficient
  cause for filing an appeal;
               (6)  a requirement that a claims counselor report to
  the United States Department of Veterans Affairs if the counselor
  has direct knowledge that a claim contains false or deceptive
  information; and
               (7)  a procedure for prioritizing a claim, when
  appropriate, or providing an alternative source for obtaining
  claims assistance services when it is not appropriate to
  prioritize.
         (b)  The commission shall consult with the United States
  Department of Veterans Affairs in developing the procedures under
  Subsection (a) to:
               (1)  ensure the services provided by the commission do
  not unnecessarily duplicate services provided through the United
  States Department of Veterans Affairs;
               (2)  ensure that the procedures will provide for
  resolving disputes at the lowest level of the United States
  Department of Veterans Affairs benefit decision process;
               (3)  ensure that commission employees are not
  improperly involved in adjudicating claims; and
               (4)  establish broad areas of cooperation between the
  commission and the United States Department of Veterans Affairs to
  streamline and align the commission's service delivery with United
  States Department of Veterans Affairs processes, including:
                     (A)  identifying processes to update changes to
  veterans' cases and power of attorney designation;
                     (B)  cooperating to expedite hardship cases and
  appeals; and
                     (C)  identifying opportunities for the United
  States Department of Veterans Affairs to provide the commission
  with necessary data to assist with tracking the progress and
  outcomes of claims.
         SECTION 8.  Subchapter A, Chapter 434, Government Code, is
  amended by adding Section 434.0091 to read as follows:
         Sec. 434.0091.  SEPARATION OF POLICYMAKING AND MANAGEMENT
  RESPONSIBILITIES.  The commission shall develop and implement
  policies that clearly separate the policymaking responsibilities
  of the commission and the management responsibilities of the
  executive director and the staff of the commission.
         SECTION 9.  Section 434.010, Government Code, is amended to
  read as follows:
         Sec. 434.010.  RULES.  (a)  The commission may adopt rules
  that it considers necessary for its administration.
         (b)  The commission shall adopt procedures for receiving
  input and recommendations from interested persons regarding the
  development of rules and policies.
         SECTION 10.  Subchapter A, Chapter 434, Government Code, is
  amended by adding Section 434.0101 to read as follows:
         Sec. 434.0101.  ADVISORY COMMITTEES.  (a) In developing
  procedures under Section 434.010, the commission may establish and
  appoint members to an advisory committee to advise and make
  recommendations to the commission on programs, rules, and policies
  affecting the delivery of services to veterans.
         (b)  If the commission establishes an advisory committee
  under Subsection (a), the commission shall adopt rules regarding:
               (1)  the purpose, role, and goals of the committee;
               (2)  the size and quorum requirements of the committee;
               (3)  the qualifications of the members and the criteria
  for selecting members;
               (4)  the procedures for appointing members;
               (5)  the terms of service of members;
               (6)  the training requirements of members;
               (7)  the implementation of a needs assessment process
  to regularly evaluate the continuing need for the committee; and
               (8)  a requirement that the committee comply with
  Chapter 551.
         SECTION 11.  Subchapter A, Chapter 434, Government Code, is
  amended by adding Section 434.0151 to read as follows:
         Sec. 434.0151.  PUBLIC PARTICIPATION. The commission shall
  develop and implement policies that provide the public with a
  reasonable opportunity to appear before the commission and to speak
  on any issue under the jurisdiction of the commission.
         SECTION 12.  Section 434.038, Government Code, is amended by
  amending Subsections (a) and (d) and adding Subsections (a-1), (e),
  and (f) to read as follows:
         (a)  An officer shall, within the time after the date of the
  officer's appointment that the commission prescribes, complete a
  course of initial training provided by the Texas Veterans
  Commission. The commission shall issue the officer a certificate
  of training after completion of the initial training course. To
  maintain certification, the officer shall complete continuing
  training to the extent required by the commission [attend at least
  one commission training conference a year]. An officer must
  maintain certification to remain in office.
         (a-1)  The commission shall develop and implement methods
  for providing training to officers.  The methods may include
  Internet-based seminars, participation through videoconference,
  cooperation with training provided by the United States Department
  of Veterans Affairs, and other methods as appropriate.
         (d)  The commission shall develop standard course materials,
  training curriculum, and examinations to be used for county service
  officer certification and United States Department of Veterans
  Affairs accreditation. The members of the commission must approve
  the course materials, training curriculum, and examinations before
  the commission may distribute the materials and administer
  examinations.
         (e)  The commission shall:
               (1)  maintain course materials and examinations in a
  central location and provide county service offices and commission
  field staff with access to the course materials on the commission's
  Internet website;
               (2)  regularly update course materials, training
  curriculum, and examinations after consulting with:
                     (A)  the United States Department of Veterans
  Affairs to ensure the course materials, training curriculum, and
  examinations are accurate and meet applicable United States
  Department of Veterans Affairs requirements; and
                     (B)  accredited county service officers to ensure
  the materials, training curriculum, and examinations include
  issues developing at the county level; and
               (3)  develop a training handbook containing
  instruction and case studies addressing:
                     (A)  general assistance techniques, including how
  to provide general information regarding state and federal benefits
  and referrals for other services and to other agencies, and general
  information regarding state and federal benefits;
                     (B)  basic counseling approaches for assisting
  veterans, their family members, and other eligible dependents
  filing benefit claims;
                     (C)  basic information on United States
  Department of Veterans Affairs processes and procedures, including
  how to accurately complete claims and appeals forms and how to
  support claims;
                     (D)  methods of collecting required documentation
  and developing claims and appeals;
                     (E)  methods of documenting progress and updating
  a veteran's, a veteran's family member's, or another eligible
  dependent's case information;
                     (F)  methods of assisting veterans, their family
  members, or other eligible dependents in pursuing appeals,
  including offering case knowledge in appeals hearings; and
                     (G)  methods of representing veterans, their
  family members, or other eligible dependents during appeals
  hearings.
         (f)  The commission may establish rules to carry out the
  purposes of this section, including rules regarding carryover of
  credit for extra course attendance from one year into subsequent
  years and the anniversary date by which the continuing
  certification requirement must be met.
         SECTION 13.  Subchapter B, Chapter 434, Government Code, is
  amended by adding Section 434.039 to read as follows:
         Sec. 434.039.  COORDINATION WITH COUNTY SERVICE OFFICERS AND
  COMMISSIONERS COURTS. The commission shall develop and adopt
  procedures to coordinate with county service officers and county
  commissioners courts to:
               (1)  identify the shared objectives of the commission,
  county service officers, and counties with a county service office
  in serving veterans;
               (2)  develop a plan for encouraging service officers to
  become accredited by the United States Department of Veterans
  Affairs;
               (3)  develop a procedure for consulting with counties
  to evaluate the state's overall approach to service delivery by
  county service officers and commission claims staff as part of the
  state's veterans assistance network;
               (4)  define the commission's responsibilities in
  overseeing claims and appeals prepared by county service officers
  for instances when the commission has been designated as a
  veteran's agent under a power of attorney;
               (5)  develop a process for collecting information
  regarding claims filed by county service officers for instances
  when the commission has been designated as a veteran's agent under a
  power of attorney, for providing technical assistance to county
  service officers, and for providing evaluative information, on
  request, to county judges or other local officials who supervise
  county service officers;
               (6)  incorporate county service officers into United
  States Department of Veterans Affairs appeals hearings either to
  represent veterans or to appear as witnesses, as needed;
               (7)  explore opportunities for funding county service
  officer travel to participate in United States Department of
  Veterans Affairs appeals hearings; and
               (8)  develop procedures to regularly update county
  service officers on changes in United States Department of Veterans
  Affairs policies and procedures, and other information.
         SECTION 14.  Subchapter C, Chapter 434, Government Code, is
  amended by adding Section 434.107 to read as follows:
         Sec. 434.107.  USE OF TECHNOLOGY. The commission shall
  implement a policy requiring the commission to use appropriate
  technological solutions to improve the commission's ability to
  perform its functions. The policy must ensure that the public is
  able to interact with the commission on the Internet. 
         SECTION 15.  The change in law made by Section 434.0061,
  Government Code, as added by this Act, regarding training for
  members of the Texas Veterans Commission does not affect the
  entitlement of a member serving on the commission immediately
  before September 1, 2007, to continue to serve and function as a
  member of the commission for the remainder of the member's term.
  The change in law described by Section 434.0061 applies only to a
  member appointed or reappointed on or after September 1, 2007.
         SECTION 16.  Not later than March 1, 2008, the Texas Veterans
  Commission shall comply with Sections 434.0076, 434.0078,
  434.0091, 434.010(b), 434.0151, 434.038(a-1) and (e), 434.039, and
  434.107, Government Code, as added by this Act, and with Section
  434.038(d), Government Code, as amended by this Act.
         SECTION 17.  The Texas Veterans Commission shall:
               (1)  comply with and implement any nonstatutory
  recommendations regarding the Texas Veterans Commission adopted by
  the Sunset Advisory Commission as a result of its review of the
  veterans commission; and
               (2)  report to the Sunset Advisory Commission the
  information that the sunset commission requires regarding the Texas
  Veterans Commission's implementation of the sunset commission's
  nonstatutory recommendations not later than November 1, 2008.
         SECTION 18.  (a) The changes in law made by this Act in the
  prohibitions or qualifications applying to a member of the Texas
  Veterans Commission do not affect the entitlement of a member
  serving on the Texas Veterans Commission immediately before
  September 1, 2007, to continue to serve and function as a member of
  the Texas Veterans Commission for the remainder of the member's
  term. Those changes in law apply only to a member appointed on or
  after September 1, 2007.
         (b)  Section 434.0076, Government Code, as added by this Act,
  relating to complaints filed with the Texas Veterans Commission
  applies only to a complaint filed on or after September 1, 2007. A
  complaint filed with the commission before September 1, 2007, is
  governed by the law as it existed immediately before that date, and
  the former law is continued in effect for that purpose.
         SECTION 19.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3426 was passed by the House on May 7,
  2007, by the following vote:  Yeas 143, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3426 on May 25, 2007, by the following vote:  Yeas 141, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3426 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor