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AN ACT
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relating to the establishment of the Legislative Committee on Aging |
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and other initiatives relating to the aging population of this |
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state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Human Resources Code, is amended by |
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adding Subchapters G and H to read as follows: |
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SUBCHAPTER G. LEGISLATIVE COMMITTEE ON AGING |
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Sec. 161.251. DEFINITIONS. In this subchapter: |
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(1) "Committee" means the Legislative Committee on |
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Aging. |
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(2) "Health and human services agency" has the meaning |
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assigned by Section 531.001, Government Code. |
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Sec. 161.252. LEGISLATIVE COMMITTEE ON AGING ESTABLISHED. |
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The Legislative Committee on Aging is established to: |
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(1) study issues relating to the aging population of |
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Texas, including issues related to the health care, income, |
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transportation, housing, education, and employment needs of that |
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population; and |
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(2) make recommendations to address those issues. |
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Sec. 161.253. COMPOSITION OF COMMITTEE; PRESIDING OFFICER. |
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(a) The committee is composed of: |
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(1) two members of the senate appointed by the |
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lieutenant governor; |
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(2) two members of the house of representatives |
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appointed by the speaker of the house of representatives; and |
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(3) two public members appointed by the governor. |
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(b) A member of the committee serves at the pleasure of the |
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appointing official. |
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(c) The lieutenant governor and the speaker of the house of |
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representatives shall appoint the presiding officer of the |
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committee on an alternating basis. The presiding officer shall |
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serve a two-year term expiring February 1 of each odd-numbered |
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year. |
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Sec. 161.254. COMMITTEE POWERS AND DUTIES. (a) The |
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committee shall: |
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(1) meet at least biannually at the call of the |
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presiding officer; |
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(2) conduct a continuing study of issues relating to |
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the aging population, including issues that are affected by the |
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demographic and geographic diversity of the aging population in |
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this state; |
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(3) analyze the availability of, and unmet needs for, |
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state and local services for the aging population; and |
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(4) request reports and other information relating to |
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the aging population as necessary from the executive commissioner, |
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the department, other health and human services agencies, the |
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attorney general, and any other state agency. |
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(b) The executive commissioner, the department, other |
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health and human services agencies, the attorney general, and any |
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other applicable state agency shall fully cooperate with the |
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committee in performing the committee's duties under this |
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subchapter. |
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(c) The committee may issue process, in accordance with |
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Section 301.024, Government Code, to compel attendance of witnesses |
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and the production of books, records, documents, and instruments |
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required by the committee. |
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(d) The committee shall use the existing staff resources of |
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the senate and the house of representatives to assist the committee |
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in performing its duties under this section. |
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Sec. 161.255. REPORT. (a) The committee shall report to |
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the standing committees of the senate and the house of |
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representatives having jurisdiction of issues related to the needs |
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of the aging population not later than November 15 of each |
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even-numbered year. |
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(b) The report must include: |
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(1) a summary of the hearings and studies conducted by |
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the committee during the preceding year; |
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(2) a statement of findings based on the hearings and |
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studies conducted by the committee; and |
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(3) recommendations, if any, for legislation. |
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SUBCHAPTER H. CERTAIN INITIATIVES RELATING TO AGING |
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Sec. 161.301. DEFINITION. In this subchapter, "fund" means |
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the Chris Kyker Endowment for Seniors Fund established under this |
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subchapter. |
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Sec. 161.302. CONTRACT TO PROVIDE OUTREACH AND INPUT |
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RELATING TO AGING POPULATION. (a) The executive commissioner may |
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contract with an entity to: |
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(1) conduct local forums throughout this state to |
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solicit input on and discuss policies regarding aging-related |
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issues, including issues that are affected by the demographic and |
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geographic diversity of the aging population in this state; |
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(2) provide analysis, education, and research |
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services with respect to aging-related issues; and |
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(3) identify problems encountered by the aging |
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population in this state and develop and recommend to the executive |
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commissioner and the legislature solutions to those problems. |
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(b) If a contract entered into under this section includes a |
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provision that allows a person performing duties under the contract |
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on behalf of the entity to receive a per diem for days spent |
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performing those duties and to be reimbursed for travel expenses |
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incurred in performing those duties, the per diem and reimbursement |
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for travel expenses incurred must be paid at the same rate set in |
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the General Appropriations Act for state employees. |
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Sec. 161.303. ESTABLISHMENT AND ADMINISTRATION OF FUND. |
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(a) The Chris Kyker Endowment for Seniors Fund is a special fund |
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outside the state treasury held by the comptroller. |
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(b) The comptroller shall deposit in the fund: |
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(1) money appropriated to the fund; |
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(2) grants, gifts, and donations from any other public |
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or private source; and |
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(3) income and interest, including depository |
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interest, as provided by Subsection (f). |
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(c) The comptroller shall administer and manage the assets |
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of the fund in accordance with this section and the rules adopted by |
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the executive commissioner under Section 161.304(c). In managing |
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the assets of the fund, the comptroller may acquire, exchange, |
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sell, supervise, manage, or retain, through procedures and subject |
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to restrictions the comptroller considers appropriate, any kind of |
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investment that a prudent investor, exercising reasonable care, |
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skill, and caution, would acquire or retain in light of the |
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purposes, terms, distribution requirements, and other |
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circumstances of the fund then prevailing, taking into |
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consideration the investment of all the assets of the fund rather |
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than a single investment. |
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(d) The expenses of managing fund investments shall be paid |
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from the fund. |
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(e) On request, the comptroller shall fully disclose all |
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details concerning the investments of the fund. |
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(f) Interest earned on the fund shall be credited to the |
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fund. |
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Sec. 161.304. USE OF FUND. (a) The following may be used |
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only to fund a contract entered into under Section 161.302: |
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(1) contributions to the fund described by Section |
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161.303(b)(2); and |
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(2) income and interest earned on money in the fund |
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described by Section 161.303(b)(3). |
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(b) Except as provided by Subsection (a), money in the fund |
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may not be used for any purpose. |
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(c) The executive commissioner may adopt rules regarding |
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distribution of money in the fund in accordance with this section. |
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SECTION 2. (a) Not later than the 30th day after the |
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effective date of this Act: |
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(1) the governor, lieutenant governor, and speaker of |
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the house of representatives shall appoint members of the |
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Legislative Committee on Aging, as established by Section 161.252, |
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Human Resources Code, as added by this Act; and |
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(2) the lieutenant governor shall appoint the initial |
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presiding officer under Subsection (c), Section 161.253, Human |
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Resources Code, as added by this Act. |
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(b) The Legislative Committee on Aging established by |
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Section 161.252, Human Resources Code, as added by this Act, shall |
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convene its initial meeting not later than November 1, 2009. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 610 was passed by the House on April |
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30, 2009, by the following vote: Yeas 96, Nays 33, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 610 was passed by the Senate on May |
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26, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |