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  81R19816 KFF-D
 
  By: Naishtat, Herrero, et al. H.B. No. 610
 
  Substitute the following for H.B. No. 610:
 
  By:  Naishtat C.S.H.B. No. 610
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of the Legislative Committee on Aging
  and other initiatives relating to the aging population of this
  state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 161, Human Resources Code, is amended by
  adding Subchapters G and H to read as follows:
  SUBCHAPTER G.  LEGISLATIVE COMMITTEE ON AGING
         Sec. 161.251.  DEFINITIONS.  In this subchapter:
               (1)  "Committee" means the Legislative Committee on
  Aging.
               (2)  "Health and human services agency" has the meaning
  assigned by Section 531.001, Government Code.
         Sec. 161.252.  LEGISLATIVE COMMITTEE ON AGING ESTABLISHED.  
  The Legislative Committee on Aging is established to:
               (1)  study issues relating to the aging population of
  Texas, including issues related to the health care, income,
  transportation, housing, education, and employment needs of that
  population; and
               (2)  make recommendations to address those issues.
         Sec. 161.253.  COMPOSITION OF COMMITTEE; PRESIDING OFFICER.  
  (a)  The committee is composed of:
               (1)  two members of the senate and one public member
  appointed by the lieutenant governor; and
               (2)  two members of the house of representatives and
  one public member appointed by the speaker of the house of
  representatives.
         (b)  A member of the committee serves at the pleasure of the
  appointing official.
         (c)  The lieutenant governor and the speaker of the house of
  representatives shall appoint the presiding officer of the
  committee on an alternating basis.  The presiding officer shall
  serve a two-year term expiring February 1 of each odd-numbered
  year.
         Sec. 161.254.  COMMITTEE POWERS AND DUTIES. (a) The
  committee shall:
               (1)  meet at the call of the presiding officer;
               (2)  conduct a continuing study of issues relating to
  the aging population;
               (3)  analyze the availability of, and unmet needs for,
  state and local services for the aging population; and
               (4)  request reports and other information relating to
  the aging population as necessary from the executive commissioner,
  the department, other health and human services agencies, the
  attorney general, and any other state agency.
         (b)  The executive commissioner, the department, other
  health and human services agencies, the attorney general, and any
  other applicable state agency shall fully cooperate with the
  committee in performing the committee's duties under this
  subchapter.
         (c)  The committee may issue process, in accordance with
  Section 301.024, Government Code, to compel attendance of witnesses
  and the production of books, records, documents, and instruments
  required by the committee.
         (d)  The committee shall use the existing staff resources of
  the senate and the house of representatives to assist the committee
  in performing its duties under this section.
         Sec. 161.255.  REPORT.  (a)  The committee shall report to
  the standing committees of the senate and house of representatives
  having jurisdiction of issues related to the needs of the aging
  population not later than November 15 of each even-numbered year.
         (b)  The report must include:
               (1)  a summary of the hearings and studies conducted by
  the committee during the preceding year;
               (2)  a statement of findings based on the hearings and
  studies conducted by the committee; and
               (3)  recommendations for legislation.
  SUBCHAPTER H. CERTAIN INITIATIVES RELATING TO AGING
         Sec. 161.301.  DEFINITION. In this subchapter, "fund" means
  the Chris Kyker Endowment for Seniors Fund established under this
  subchapter.
         Sec. 161.302.  CONTRACT TO PROVIDE OUTREACH AND INPUT
  RELATING TO AGING POPULATION. (a) The executive commissioner may
  contract with an entity to:
               (1)  conduct local forums throughout this state to
  solicit input on and discuss policies regarding aging-related
  issues;
               (2)  provide analysis, education, and research
  services with respect to aging-related issues; and
               (3)  identify problems encountered by the aging
  population in this state and develop and recommend to the executive
  commissioner and the legislature solutions to those problems.
         (b)  To be eligible for a contract under this section, an
  entity must:
               (1)  be a statewide organization that:
                     (A)  is a Texas nonprofit organization, as that
  term is defined by Section 161.075; and
                     (B)  represents people who are 60 years of age or
  older; and
               (2)  have experience and a proven history of conducting
  local forums of the kind required by Subsection (a)(1) and
  recommending solutions to problems encountered by the aging
  population of this state.
         (c)  A contract entered into under this section may include a
  provision that allows a person performing duties under the contract
  on behalf of the entity to receive a per diem for days spent
  performing those duties and reimbursement for the reasonable travel
  expenses incurred in performing those duties at the same rate set in
  the General Appropriations Act for state employees.
         Sec. 161.303.  ESTABLISHMENT AND ADMINISTRATION OF FUND.
  (a)  The Chris Kyker Endowment for Seniors Fund is established as a
  special fund in the treasury outside the general revenue fund.
         (b)  The fund consists of:
               (1)  money transferred to the fund at the direction of
  the legislature;
               (2)  grants, gifts, and donations from any other public
  or private source contributed to the fund; and
               (3)  income and interest earned on money in the fund,
  including depository interest.
         (c)  The comptroller shall administer and invest the fund.
         (d)  The fund is exempt from the application of Sections
  403.095 and 404.071, Government Code.
         Sec. 161.304.  USE OF FUND. (a)  The following may be
  appropriated only to fund a contract entered into under Section
  161.302:
               (1)  contributions to the fund described by Section
  161.303(b)(2); and
               (2)  income and interest earned on money in the fund
  described by Section 161.303(b)(3).
         (b)  Except as provided by Subsection (a), money in the fund
  may not be appropriated for any purpose.
         (c)  The executive commissioner may adopt rules regarding
  distribution of funding appropriated in accordance with this
  section.
         SECTION 2.  The lieutenant governor and the speaker of the
  house of representatives shall appoint members of the Legislative
  Committee on Aging, as established by this Act, not later than the
  30th day after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2009.