Honor the Texas flag; I pledge allegiance to thee, Texas, One state under God, One and indivisible The Texas Silver-Haired Legislature
Walter Graham, Speaker
November 1, 2010
th 13 TSHL OFFICERS To: Texas State Officials WALTER GRAHAM Speaker West Central Texas The Texas Silver-Haired Legislature is appreciative of the Texas Cisco Legislature for their dedication and work for all citizens of our great OSCAR GARCIA State and especially grateful for your concern for nearly 4 million older Speaker Pro Tem Tarrant County citizens of Texas. Fort Worth BETTY STRECKFUSS It is my privilege to present 73 resolutions adopted by the 13th Texas Deputy Speaker Pro Tem Harris County Silver-Haired Legislature during our Legislative Session held Spring September 13-16, 2010, to the Governor, 82nd Texas Legislators, and PAT PORTER Secretary the Department of Aging and Disability Services. Permian Basin Big Spring These Resolutions are issues of major concern to those we represent KATY KAPPEL Comptroller and reflect input from seniors and others participating in TSHL Capital sponsored town hall meetings across Texas. Senior citizens are Austin among those hardest hit during economic down turns and many of these resolutions will help those in greatest need.
Transmittal of these resolutions is by authority of Senate Concurrent Resolution 37, adopted by the 69th Texas Legislature and signed by Governor Mark White on April 11, 1985.
TSHL has worked diligently, with your help, for the aging population of Texas for 25 years and we are anxious and ready to share our concerns and to assist in any way to create a better life for older Texans.
Sincerely,
Walter C. Graham Speaker
451 CR 154, Cisco TX 76437 Phone: 254.629.1403 Email: [email protected] Website: www.txshl.org
i TEXAS LEGISLATIVE AUTHORIZATION TO ESTABLISH THE TEXAS SILVER-HAIRED LEGISLATURE
Senate Concurrent Resolution 37 69th Texas Legislature Sponsors: Senator Hugh Parmer and Representative Jerry Clark
WHEREAS, Older Texans are the fastest growing segment of the population with the number of persons over the age of 60 in Texas having increased 32 percent between 1970 and 1980; and
WHEREAS, Many older Texans recognize the need to develop a better understanding of the legislative process through participation in this process of state policy development; and
WHEREAS, It is most appropriate in problem solving to involve those closely related to the problems in order to ensure more effective, lasting solutions; and
WHEREAS, A Silver-Haired Legislature is a model legislative session in which older Texans are elected by their peers to meet at the State Capitol to initiate and debate policy alternatives to deal with the problems that affect them; and
WHEREAS, Silver-Haired Legislatures have been used effectively in other states to inform elderly persons about the legislative process, to serve as a forum where the elderly can discuss policy issues on aging, and to recommend solutions to the problems of older Texans; now, therefore, be it
RESOLVED, By the Senate of the State of Texas, the House of Representatives concurring, that the Legislature of the State of Texas supports the development of a biennial Silver-Haired Legislature in Texas; and, be it further
RESOLVED, That the Legislature of the State of Texas allow its chambers and meeting rooms, and other assistance as determined by the committee on House Administration and the Senate Committee on Administration, to be used by the Silver-Haired Legislature at a time that does not interfere with the regular biennial sessions of the legislature, special called sessions, or meeting of interim Legislative Committees; and, be it further
RESOLVED, That recommendations formulated by the Silver-Haired Legislature be submitted to the Governor of the State of Texas, the Texas Legislature, and the Texas Department on Aging at the close of the Silver-Haired Legislative Session.
Passed by 69th Texas Legislature April 3, 1985 W.P. Hobby, President of the Senate Gib Lewis, Speaker of the House Signed by Governor Mark White April 11, 1985 Filed in Office of Secretary of State April 12, 1985
ii
CONTENTS
Transmittal Letter ...... i.
Legislative Authorization SCR 37 ...... ii
Texas Silver-Haired Legislature History & Vision ...... iv
Summary of Top 10 Resolutions ...... 1
Summary of All Resolutions ...... 5
Resolutions as Adopted ...... 11
Consent Resolutions ...... 87
Appendices ...... 111
Appendix A Executive Committee ...... 113
Appendix B Legislative Issues Committees ...... 114
Appendix C Administrative Committees ...... 115
Appendix D TSHL 2010-2011 Schedule of Events ...... 116
The 1st TSHL at the Texas State Capitol Photograph ...... 117
iii The Texas Silver-Haired Legislature 1985-2010
The first Silver-Haired Legislature was organized in 1973 in the State of Missouri. Since its inception, thirty-one states have founded Silver-Haired legislatures.
The Texas Silver-Haired Legislature (TSHL) idea was first conceived in 1979. By 1983, the Citizens Advisory Council of the Texas Department on Aging (TDoA) identified the creation of TSHL as one of the council’s legislative priorities. A resolution to establish the TSHL was passed by the Texas Board on Aging in 1984. The 69th Texas Legislature adopted the enabling legislation, SCR number 37, April 3, 1985, which the Governor signed April 11, 1985.
A state steering committee, TDoA staff, area agency on aging staff and councils and hundreds of volunteers throughout the state organized and developed the new organization in 1985. The 116 elected TSHL members met for the first time for an orientation session in July 1986. The First TSHL Legislative Session began when the group took the oath of office on September 29, 1986, but the work of the organization was just beginning.
Since 1985, more than 600 older Texans have served as Texas Silver-Haired Legislators and have identified 590+ issues concerning older adults in Texas, 1985-2010.
The TSHL Vision Statement
The applied wisdom, energy and experience of aging will improve the lives of all Texans through education, knowledge and involvement in legislative and governmental affairs.
The work of the Texas Silver-Haired Legislature has resulted in passage of laws contributing to the improved quality of life for older Texans. Significant laws include:
Establish Legislative Committee on Aging. Provide a cap of $250,000 for non- Freeze city, county & junior college districts economic damages awarded by juries for taxes for homesteads of elderly & disabled. malpractice lawsuits. No eminent domain used for private gain. Allow grandparent caregivers to enroll Include senior & disabled homeowners in grandchild in school & provide access to public schools property tax reduction. state programs. Increase monthly personal needs allowance Criminal history checks of employees and for nursing home residents from $45 to $60. applicants at special care facilities. No Establish Silver Alert for missing seniors. contact until criminal background is done Lifespan respite services program. Restore utility Safety Benefit Fund for low- Establish penalties for theft of a military income discount program. grave marker. Assure no fewer than 28 Area Agencies on Limit property taxes for veterans with 100% Aging in Texas service related disability. Permit AAA benefit counselors to help Constitutional amendment determining clients prepare advance directives. homestead market value for ad valorem tax Fall Prevention Week Expand home delivered meals in rural areas.
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The 13th Texas Silver-Haired Legislature 2010-2011
TOP TEN RESOLUTIONS
The 13th TSHL passed a total of 73 resolutions during the Legislative Session of September 13-16, 2010, in the Texas State Capitol. The resolutions that follow ask the 82nd Texas Legislature for specific actions to benefit older Texans. The TSHL membership has selected the top ten priorities as those most important to older Texans statewide.
Resolution Number Title and Resolve To: Rank Preserve $60 per Month as the Minimum Level for the Personal Needs Allowance and Provide for Annual Increases to Match the Rate of Inflation
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd R58 1 Texas Legislature to reaffirm at the beginning of the 2011 Legislative Session that $60 per month is the statutory minimum level for the Personal Needs Allowance, and provide annual inflationary increases.
Mandatory Geriatric Education to Be Required in all Texas Schools of Health Care Education and Studies
RESOLVED, That the 13th Texas Silver-Haired Legislature encourages and R47 strongly recommends the 82nd Texas Legislature to enact laws that demand 2 students in any Texas School of Health Care study geriatrics as a required part of their first two years education in an amount to be set by the State Board of Higher Education.
Preserve or Increase Current Funding for Home Delivered Meals
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas R27 3 Legislature to preserve or increase current funding for Home Delivered Meals to the elderly.
Require 20% of Continuing Education Courses in Geriatric Medicine for a Health Care professional Whose Patient Population is at Least 35% Medicare Recipients.
RESOLVED, That the 13th Texas Silver-Haired Legislature encourages and R44 nd 4 strongly recommends the 82 Texas Legislature to legislate a required program for 20% of Continuing Education courses to be devoted solely to Geriatric Medicine for a health care professional or practitioner in any practice whose patient population is comprised of at least 35% Medicare recipients.
Cap Annual Property Valuation Increases to No More than 5% per year
RESOLVED, That the 13th Texas Silver-Haired Legislature encourages and R12 strongly recommends that the 82nd Texas Legislature pass legislation to lower 5 the cap from 10% to no more than 5% per year for the legal increase in valuations unless approved by voters.
3
Resolution Number Title and Resolve To: Rank Legislation Ensuring that Patients or their Guardians Receive Full Disclosure When Receiving a Therapeutic Drug Substitute
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd R46 Texas Legislature to pass legislation ensuring that patients or their guardians 6 receive full disclosure about any therapeutic drug substitution, including instances when anyone other than the patient is to receive a benefit, directly or indirectly, for substituting or changing medications for that patient.
Funds to expand Programs of All-inclusive Care for the Elderly
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to allocate funds for the Department of Aging and Disability R10 Services to expand the current Programs of All-Inclusive Care for the Elderly 7 (PACE) with 50 additional slots for each of the three PACE locations and to add two new PACE sites funded to serve 200 clients each, to be phased in during Fiscal Years 2012-2013.
Increase State Contribution Rate to Texas Retired Teachers Pension Fund by .5%
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd R17 8 Texas Legislature to raise the State Contribution rate by .5% each of the next two years of the Biennium to make the TRS pension fund sufficient to allow solvency, thereby allowing a possibility of cost of living raise for all retirees.
A Basic Statutory Will for Texas
R36 RESOLVED, That the 13th Texas Silver-Haired Legislature recommend that the 9 82nd Texas Legislature enact into law a Texas statutory basic will.
Financial Support for the Texas Silver-Haired Legislature
RESOLVED, That the 13th Texas Silver-Haired Legislature ask the 82nd Texas R13 Legislature to provide required operational support for the Texas Silver-Haired 10 Legislature by allocating the proceeds of a $4,000,000 investment in appropriate state securities to the organization.
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AA LL LL 5 6 The 13th Texas Silver-Haired Legislature Resolutions Roster
Res th 13 TSHL Adopted Legislative Resolutions No.
R01 Redistricting Using Nonpartisan Panels
Abolish Bank Overdraft Fees for Low Income Seniors R02
Restructure Teacher Retirement System Board of Trustees R04
R05 Request for Alternative Congressional Seating Arrangement
Establish an Accountability System to Assure Child Support Funds are Spent in the Interest R06 of the Children
R07 Require Country of Manufacturer and Patient’s Name be Embedded in Removable Dentures Require Mandatory Sales Price Disclosure on all Properties to Achieve Property Tax R08 Equality
Close Open Space/Agriculture Use Property Tax Valuation Loopholes to Achieve Property R09 Tax Equality
R10 Funds to expand Programs of All-inclusive Care for the Elderly
R11 Limit the Increase in Local Government Spending by Local Election
Cap Annual Property Valuation Increases to No More than 5% per Year R12
Financial Support for the Texas Silver-Haired Legislature R13
R14 Increase Funding for Senior Corps Programs in Texas
R15 Allocate Funds to Continue and Expand the Aging and Disability Resource Centers
R16 Expand Long Term Care Ombudsman Services in Assisted Living Facilities
R17 Increase State Contribution Rate to Teacher Retirement System Pension Fund by .5%
R18 Add Licensed Professional Counselors to List to Assess Capacity to Consent Provide Immunity for Emergency Medical Services and Law Enforcement Personnel When R19 Assisting Adult Protective Services Workers
Increase Length of Time of an Initial Emergency Order for Adult Protective Services from 72 R20 Hours to 10 days
R21 Educate Medical, Nursing, and Law School Students about Adult Protective Services To Allow Adult Protective Services Caseworkers to Use Purchased Client Services Funds to R22 Purchase Services from Caretakers or Family Members
7 The 13th Texas Silver-Haired Legislature Resolutions Roster
Res th 13 TSHL Adopted Legislative Resolutions No.
R23 Maintain at Current Levels or Above Medicaid Reimbursement for Nursing Homes in Texas
R24 Include Durable Mental Health Power of Attorney in the Health & Safety Code Require Entire Funding Including Interest of Pre-need Purchases to be Provided to R25 Servicing Funeral Home
Require No-Cost Access to Financial Records to Facilitate Adult Protective Services R26 Investigations of Abuse
R27 Preserve or Increase Current Funding for Home Delivered Meals
R28 Increase Nursing Home Staff Enhancement Rates
Establish Health and Human Services Commission Quality Community Attendant Retention R29 and Outreach Council
Health and Human Services Commission and the Department of Aging and Disability R30 Services to Develop 10 Year Plan for Aging in Place with Community Services
Create a Definition of Undue Influence to Provide Adequate Protection for Texas Senior R31 Citizens from Exploitation Require Insurance Firms to Report Immediately Canceling or Expired Liability Auto R32 Insurance to the Department of Public Safety and Revoke Driver’s License
R33 Reform Long-Term Care Facility Complaint Policies
R34 Allow Specialty License Plate for All Texas Veterans at Standard Cost Remove Public Education Curriculum and Textbook Approval Process from the Duties of the R35 State Board of Education
R36 A Basic Statutory Will for Texas
R37 Guardianship Compensation to Be Set By Statutory Court Allow the Highest Vote Getter to Be the Elected Annuitant on Teacher Retirement System R38 Board
R39 Create and Fund a Permanent Teacher Retirement System Health Care Trust Fund
R40 Court-Required Oral and Written Training for Guardians Allow Courts with Guardianship Jurisdiction to Conduct Adult Guardianship Hearings at any R41 Suitable Location as Court Determined
R42 Relating to the Full Utilization of the System Benefit Fund for Its Intended Purposes
8 The 13th Texas Silver-Haired Legislature Resolutions Roster
Res th 13 TSHL Adopted Legislative Resolutions No.
R43 Create a Definition of Identity Theft as Exploitation of the Elderly
Require 20% of Continuing Education Courses in Geriatric Medicine for a Health Care R44 Professional Whose Practice Population is at Least 35% Medicare Recipients
R45 To Increase Wages of Personal and Health Care Aides to a Competitive Level
Legislation Ensuring that Patients or their Guardians Receive Full Disclosure R46 When Receiving a Therapeutic Drug Substitute Mandatory Geriatric Education to Be Required in all Texas Schools of Health Care R47 Education and Studies
R48 Protect Medical Patients from Balance Billing, Known as Bushwhack Billing
nd R49 Declare Texas Brain Health Awareness Day - 2 Thursday of November Support the Rural Health Study, Project FRONTIER, and to Encourage People to Become R50 Part of these Studies
Provide Property Tax Relief for Surviving Spouses of Disabled Veterans R51
R52 Provide For Safe Disposal of Pharmaceutical Medications
Increase the Number of Graduate Medical Education Opportunities to Graduates of Texas R53 and Other Medical Schools
R54 Prohibit Limiting of Administrative Advocacy by Area Agencies on Aging Benefit Counselors
R55 Re-regulate All Retail Electricity Generated in Texas and Limit Electric Rates
R56 To Protect the Water Rights of Senior Rural Residents
R57 Continue to Support Defined Benefit Plan for Retired School Employees Preserve $60 per Month as the Minimum Level for the Personal Needs Allowance and R58 Provide for Annual Increases to Match the Rate of Inflation
R59 Expand Enrollment Dates for Medicare Part D
R60 Permit Establishment of Casinos in Texas by Local Option Elections
R61 Establish and Fund Grandparents as Caregivers Program
Expand Area Agency on Aging Benefits Counseling Program R62 to Divert Boomers from Medicaid Allow State Retirees to Make Contributions to an Advocacy Organization Through R63 Deductions from State Retirement Checks 9 The 13th Texas Silver-Haired Legislature Resolutions Roster
Res th 13 TSHL Adopted Legislative Resolutions No.
R64 Amend Family Code to Guarantee Grandparents Right to Court-Ordered Financial Support
Review and Update Process for State of Texas Deinstitutionalization R65
R66 Increase Tax Deduction for Volunteers
Mechanism to Restore Funding Resulting from Budget Cuts in Vital Human-Needs R67 Programs Local Option Election to Offer Deductions Against Property Taxes Equivalent to Deductions R68 Against Income Taxes
R69 Allow Physicians to Prescribe Marijuana for Medical Purposes
R70 Approve an Annual Day to Recognize Rise In HIV/AIDS, Especially in Senior Citizens
R71 Approve Passage of Uniform Adult Guardianship Protective Proceedings Jurisdiction Act Request the State Insurance Commission to Create a Texas Comprehensive Homeowners R72 Insurance Program Including Flood Coverage
R73 Expand Community-Based Alternatives for Seniors Restore Affordable Housing for the Elderly as a Priority in Texas Department of Housing & R74 Community Affairs Point System
[Top 10 Resolutions are printed in BOLD]
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11 12 By: Albert Campbell, Linda Parrish No. R01
Committee: State Affairs
RESOLUTION
Redistricting Using Nonpartisan Panels
A RESOLUTION TO: Utilize nonpartisan panels to draw congressional districts according to data from the 2010 decennial census.
WHEREAS, Current Texas redistricting procedures create districts that discriminate against minorities, create unnatural and disjointed geographical boundaries, and do not allow representatives to truly represent their constituents; and
WHEREAS, Redistricting by the political parties in power institutionalize party-line voting and ensure that lawmakers do not face accountability which is demanded in our democracy; and
WHEREAS, When redistricting occurs at the pleasure of the parties in power, the political center shrinks, compromise (which is the very heart of democracy) is nearly impossible and independence of thought and action is lost, and other states have successfully used nonpartisan panels; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature encourages and strongly recommends that the 82nd Texas Legislature pass a joint resolution calling for the creation of nonpartisan panels to redistrict according to established guidelines using data gathered during the decennial census.
PASSED AND APPROVED on September 13, 2010, by the State Affairs Committee.
Homer W. Lear, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
13 By: Steve Coycault, Albert Campbell No. R02
Committee: Retirement & Aging
RESOLUTION
Abolish Bank Overdraft Fees for Low Income Seniors
A RESOLUTION TO: Abolish bank overdraft fees for low income senior depositors.
WHEREAS, Seniors are advised to establish bank accounts for security purposes and many banks attract deposits by charging no monthly fees; and
WHEREAS, Social security benefit arrival dates are not reliable which causes bank overdrafts for individuals with little financial margin and multiple overdraft fees may limit life sustaining purchases of food and drugs; and
WHEREAS, Seniors depend upon fixed income often limited to social security benefits resullting in marginal financial security which is aggravated by excessive bank overdraft fees; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature recommends that the 82nd Texas Legislature place a high priority on the abolishment of bank overdraft fees for low income seniors in order to protect their financial security.
PASSED AND APPROVED on September 13, 2010, by the Retirement and Aging Committee.
C. Bruce Davis, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
14 By: Jane Nelson, Albert Campbell No. R04
Committee: Education
RESOLUTION
Restructure Teacher Retirement System Board of Trustees
A RESOLUTION TO: Introduce legislation to change the structure of the Teacher Retirement System (TRS) Board of Trustees.
WHEREAS, Educational retirees and active teachers, whose plans include retirement, have a vested interest and involvement in the Teacher Retirement System and are underrepresented in its governance, and decisions of the Board are not always in their best interests; and
WHEREAS, Nine members constitute the TRS Board of Trustees with three members appointed by the Governor, two members recommended by the State Board of Education, two members recommended by active teachers, one member recommended by retired teachers and one member recommended by higher education; and
WHEREAS, The State Board of Education has no vested interest in the Teacher Retirement System (TRS); now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature recommends the 82nd Texas Legislature take immediate action to eliminate two TRS Board of Trustees recommended by the State Board of Education and allocate one additional trustee position to be filled from recommendations by active teachers and the other from retiree recommendations.
PASSED AND APPROVED on September 13, 2010, by the Education Committee.
Lynn Crisp, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
15 By: Albert Campbell No. R05
Committee: State Affairs
RESOLUTION
Request for Alternative Congressional Seating Arrangement
A RESOLUTION TO: Request the Texas Legislature to issue an advisory communication to the U. S. Congress to change Congressional seating arrangements.
WHEREAS, Segregated seating arrangements of Congressional representatives by party affiliation in chambers and committees results in partisan rancor and paralyzes action; and
WHEREAS, Miles law says, “In Congress where you stand depends on where you sit,” and assigned seating arrangements have reduced disruptive behavior and improved communication and cooperation in other settings; and
WHEREAS, Seating arrangements alphabetically by name or state can be expected to result in cooperation, sharing points of view and development of mutual respect which will result in bipartisan action; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature requests the 82nd Texas Legislature to present an advisory statement to the U. S. Congress suggesting the establishment of alternative seating arrangements in chambers and committees just as the enlightened Texas Legislature seats its members.
PASSED AND APPROVED on September 13, 2010, by the State Affairs Committee.
Homer W. Lear, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
16 By: Elsie Whiteside, Albert Campbell No. R06
Committee: Criminal Justice
RESOLUTION
Establish an Accountability System to Assure Child Support Funds are Spent in the Interest of the Children
A RESOLUTION TO: Require that recipients of child support funds shall demonstrate that monies are used for support of the intended child.
WHEREAS, Many recipients of child support funds utilize the money for personal purposes unrelated to child maintenance; and
WHEREAS, There is no system of local accountability set up by the Texas Child Support disbursement Unit designating how and where child support funds are spent by the recipients; and
WHEREAS, Many children are mal-nourished, lack adequate clothing, receive inadequate medical care, poor housing and special needs education because funds are not supervised by local courts; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to authorize the Texas Child Support Disbursement Unit to establish an accountability system to make certain that child support funds are spent in the interest of the children.
William J. Bugelholl, Acting Chairman
PASSED AND APPROVED on September 13, 2010, by the Criminal Justice Committee.
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
17 By: Carlos Higgins No. R07
Committee: Human Services
RESOLUTION
Require Country of Manufacturer and Patient’s Name be Embedded in Removable Dentures
A RESOLUTION To: Protect the health and well-being of Texas senior citizens and others who wear dentures.
WHEREAS, Reliance on dentures for a healthy diet and for personal dignity is a common experience among Texas citizens, especially senior citizens, but another common experience in nursing home facilities is that too many dentures end up being lost with no good way to determine ownership, so dentures are not promptly returned to their rightful owners; and
WHEREAS, Most denture wearers assume that our government ensures the products they wear in their mouths have been made in the U.S. of materials that are safe, but the fabrication of dentures in other countries is an extensive and growing “outsourcing” practice; and
WHEREAS, Notwithstanding current Texas laws, dentures without names of owners embedded in those dentures continue to be fabricated for Texas citizens, and Texas citizens more and more frequently will be wearing dentures made under unknown conditions in foreign countries because there is no requirement for the country of origin to be disclosed to dental patients; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature recommends that the 82nd Texas Legislature enact laws requiring fabricators of removable dentures in Texas to embed the name of the patient and the country of origin in the denture, and also require every Dentist or other dental practitioner who provides removable dentures within the jurisdiction of Texas to ensure the name of the patient and the name of the country where the denture is fabricated is embedded in the removable denture.
PASSED AND APPROVED on September 13, 2010, by the Human Services Committee.
Adalaide Balaban, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary
18
By: Estella Tyson, Doris Griffin, Juretta Marshall, No. R08 Homer Lear, Ed Dylla
Committee: State Affairs
RESOLUTION
Require Mandatory Sales Price Disclosure on all Properties to Achieve Property Tax Equality
A RESOLUTION TO: Introduce legislation to bring accuracy, fairness and equality in determining property taxes.
WHEREAS, Texas property owners, including senior citizens, carry a heavy burden regarding property taxes; and
WHEREAS, The Texas Property Tax Code is vague; many owners of commercial property and homes avoid paying the actual tax amount by buying and selling in the “shadow market”; and
WHEREAS, The “shadow market” works against an Appraisal District obtaining the actual sale price of a property, denies taxing entities additional tax revenue and deprives our public school students of their right to equality in education; and abolishing the “shadow market”, will allow all properties be assessed at true market value and bring additional tax revenue to taxing entities; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to enact legislation requiring Mandatory Sales Price Disclosure on all commercial properties and homes in order to bring properties out of the “shadow market” and give Appraisal Districts the tool to achieve property tax equality.
PASSED AND APPROVED on September 13, 2010, by the State Affairs Committee.
Homer W. Lear, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
19
By: Estella Tyson, Doris Griffin, Juretta Marshall, No. R09 Homer Lear, Ed Dylla
Committee: Retirement & Aging
RESOLUTION
Close Open Space/Agriculture Use Property Tax Valuation Loopholes to Achieve Property Tax Equality
A RESOLUTION TO: Introduce legislation to close the open space/agriculture use property tax valuation loopholes.
WHEREAS, The Texas Property Tax Code gives family farms/ranches and open space/agriculture use land preservation a tax benefit by providing for an exemption; and
WHEREAS, This exemption is abused and used as a tax avoidance strategy by many developers and wealthy landowners; and
WHEREAS, Taxing entities lose tax revenue because Appraisal Districts are not able to enforce the vague language regarding the open space/agriculture use law; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to establish a law that provides clear language regarding agricultural/land preservation as required to ascertain closure of open space/agriculture use loopholes and achieve property tax equality.
PASSED AND APPROVED on September 13, 2010, by the Retirement and Aging Committee.
C. Bruce Davis, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
20 By: Chris Kyker, Homer Lear, Ruth Bowling No. R10
Committee: Health & Human Resources
RESOLUTION
Funds to expand Programs of All-inclusive Care for the Elderly
A RESOLUTION TO: Expand the Programs of All-inclusive Care (PACE) program in Texas to meet the needs of frail elderly who wish to remain in their own homes rather than institutionalized.
WHEREAS, The PACE Program is a Medicare and Medicaid provider community based, non- profit program, which is focused exclusively on caring for frail, elderly persons in need of long term care by promoting integrated managed care systems to include all health-related care and a wide range of specialty services such as dentistry, in-home care and transportation in order to maximize the functional capacity and independence of those who might otherwise be institutionalized; and
WHEREAS, Today, 65 PACE organizations in 30 states serve approximately 17,000 frail elderly Medicare and/or Medicaid beneficiaries, all providing a more desirable and less costly community-based alternative to nursing home placement with three PACE sites in Texas: El Paso (1987), Amarillo ( 2004) and Lubbock (2010) sharing approximately 1,170 slots; and
WHEREAS, The Texas Legislature passed legislation, effective September 1, 2001, to expand the PACE program from one site to a total of 16 sites over a period of time, using the El Paso PACE initiative as the model; the Texas Comptroller issued a report in support of the legislation, projecting PACE provides a potential savings in state and federal funds of 14% compared to nursing home and medical care; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to allocate funds for the Department of Aging and Disability Services to expand the current PACE programs with 50 additional slots for each of the three PACE locations and to add two new PACE sites funded to serve 200 clients each, to be phased in during Fiscal Years 2012-2013.
PASSED AND APPROVED on September 13, 2010, by the Health and Human Resources Committee.
Sandra Graham, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary 21 By: Oscar Garcia No. R11
Committee: State Affairs
RESOLUTION
Limit the Increase in Local Government Spending by Local Election
A RESOLUTION TO: Cap the increase in spending of local government jurisdictions to the increase in population growth plus the increase in inflation.
WHEREAS, Local government growth in spending over the last two decades has equaled or exceeded the growth in state government spending, leading to a troubling burden to Texas taxpayers; and
WHEREAS, There is some minor restrictions on the growth of property tax revenues, only after the voters have petitioned to have an election, but there is no overall limit on the growth of local revenue or spending; and
WHEREAS, It is becoming increasingly more difficult for taxpayers to afford to pay their property taxes along with the other taxes, watch spending habits of several local government jurisdictions and give input on restraining the growth in government; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature encourages and strongly recommends that the 82nd Texas Legislature enact legislation that effectively limits local government spending to the increase in population growth and inflation by automatically calling an election for a vote of the people on the budget when an adopted budget exceeds the growth parameters set forth.
PASSED AND APPROVED on September 13, 2010, by the State Affairs Committee.
Homer W. Lear, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
22 By: Oscar Garcia No. R12
Committee: State Affairs
RESOLUTION
Cap Annual Property Valuation Increases to No More than 5% per Year
A RESOLUTION TO: Restore the ability of Taxing Entities to be responsive to their constituents.
WHEREAS, For more than a decade we have had “taxation by valuation” since Appraisal Districts by law can revalue homestead properties by as much as 10% per year resulting in properties doubling in value every 7.2 years; and
WHEREAS, When values are raised, taxing entities automatically receive increases in tax revenues without the need to adjust the “tax rate” and avoid having to answer to the voters for raising taxes; and
WHEREAS, All voters, especially seniors on fixed incomes, are already carrying an excessive burden of property taxes; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature encourages and strongly recommends that the 82nd Texas Legislature pass legislation to lower the cap from 10% to no more than 5% per year for the legal increase in valuations unless approved by voters.
PASSED AND APPROVED on September 13, 2010, by the State Affairs Committee.
Homer W. Lear, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
23 By: Albert Campbell No. R13
Committee: State Affairs
RESOLUTION
Financial Support for the Texas Silver-Haired Legislature
A RESOLUTION TO: Provide financial and operational support for the Texas Silver-Haired Legislature.
WHEREAS, Although the Texas Silver-Haired Legislature was established by legislative authorization (Senate Concurrent Resolution 37 of the 69th Texas Legislature), no financial support has been provided for its operation. Therefore, members must provide for their own expenses and are unable to fully carry out the charge given to them in the authorization due to personal logistical expenses and required operational duties usually carried out by staff members. In addition, many highly qualified individuals are prohibited from participation and representation due to personal income restrictions; and
WHEREAS, Financial restrictions prevent the Texas Silver-Haired Legislature from fully considering policy issues on aging and recommending solutions to the problems of older Texans to the Legislature, Governor and various state agencies. Also, members are limited in their ability to provide education and information to constituents concerning the importance of the legislative process; and
WHEREAS, The Texas Legislature can provide necessary organizational support of the Texas Silver-Haired Legislature by allocating $4,000,000 to appropriate state investments and providing income from those investments to the operation of the Texas Silver-Haired Legislature. This investment can be considered as an asset, not an expense item; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature asks the 82nd Texas Legislature to provide required operational support for the Texas Silver-Haired Legislature by allocating the proceeds of a $4,000,000 investment in appropriate state securities to the organization.
PASSED AND APPROVED on September 13, 2010, by the State Affairs Committee.
__ Homer W. Lear, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary
24
By: Alan Abraham No. R14
Committee: Human Services
RESOLUTION
Increase Funding for Senior Corps Programs in Texas
A RESOLUTION TO: Increase state funding in the 2012-2013 biennium for Senior Corps programs, including the Retired and Senior Volunteer Program (RSVP), the Foster Grandparents Program (FGP), and the Senior Companion Program (SCP).
WHEREAS, The number of Americans volunteering in their communities jumped by 1.6 million in 2009 over the previous year, the largest increase in six years, according to a “Volunteering in America” report by the Corporation for National and Community Service, and this increase occurring during the nation’s most severe economic crisis since WW II; and
WHEREAS, The Texas senior population is a major source of volunteers and reflects this same growing consensus that service is a powerful response to the economic and social challenges facing America as just last year more than 25,000 of its older citizens took advantage of RSVP’s “one stop shopping” to find significant and rewarding service opportunities in their local communities; and another 1,227 FGP volunteers connected with 10,824 children and young people with special needs; and another 783 SCP volunteers provided essential services to 1,400 frail older Texans to continue living in their homes; and 3,420 community agencies across Texas were served; and
WHEREAS, Senior Corps programs have been held to level funding by the state legislature since FY 2008; yet the demands for volunteerism are expanding in the Lone Star state as demographics show adults over the age of 80 as Texas’ fastest growing group and its over age 60 population predicted to double in less than 20 years; now, therefore, be it
RESOLVED, That the 13th Texas Silver Haired Legislature strongly recommends that the 82nd Texas Legislature appropriate from the general revenue fund an additional $260,650 for the 2012-13 biennium to expand Senior Corps programs in Texas.
PASSED AND APPROVED on September 13, 2010, by the Human Services Committee.
Adalaide Balaban, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary
25 By: Chris Kyker No. R15
Committee: Human Services
RESOLUTION
Allocate Funds to Continue and Expand the Aging and Disability Resource Centers
A RESOLUTION TO: Expand the Aging and Disability Resource Centers (ADRC) in Texas to provide assistance for individuals with multiple needs requiring solutions from multiple agencies and resources.
WHEREAS, Through the coordinated efforts of community partners, an ADRC supports efforts to streamline access to long-term care services and supports through the development of an integrated front door as a direct access where elderly and people with disabilities can navigate the services, make informed choices and connect with programs that will help them remain independent and in their homes; and
WHEREAS, ADRCs will have a critical role in helping individuals navigate the health and long-term care reform, Congress HR 3590, relating to changes in Medicaid, Medicare, Insurance programs, care coordination and the 82nd Texas Legislative action in response to the federal law; and
WHEREAS, The current nine ADRCs in Texas have developed a streamlined system of no wrong door for consumers in partnership with local offices of the Department of Aging and Disability Services, mental retardation authorities, area agencies on aging, Health and Human Services Commission benefits offices, hospital discharge planners, mental health authorities, independent living centers and other community organizations; and DADS has set a goal of 20 ADRCs by 2020; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to allocate $3.7 million funds for the Department of Aging and Disability Services to continue support to the current nine ADRCs, the two ADRCs in process for FY 2010-2011, and to establish three additional ADRCs to be phased in during FY 2012-2013.
PASSED AND APPROVED on September 13, 2010, by the Human Services Committee.
Adalaide Balaban, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary 26
By: C. Bruce Davis, Chris Kyker, Ruth Bowling, Betty Streckfuss No. R16
Committee: Human Services
RESOLUTION
Expand Long Term Care Ombudsman Services in Assisted Living Facilities
A RESOLUTION TO: Expand the State Long-Term Care Ombudsman Program by one full time equivalent (FTE) and contracting with area agencies on aging for 28 local ombudsmen to serve in assisted living facilities (ALF).
WHEREAS, Long-term care (LTC) ombudsmen are granted access by the Older Americans Act to serve people living in nursing homes and assisted living facilities, and when assisted living facilities became statutorily required to be licensed in Texas in 1999, ALF residents were granted access to services provided by a LTC ombudsman; however, ombudsmen give priority to nursing home residents because of limited resources and relatively fewer ALF complaints; and
WHEREAS, As of June 2010, there were 1,167 nursing homes and 1,601 assisted living facilities in Texas with 56 FTE staff ombudsmen and 841 certified volunteer ombudsmen who made more than 600,000 resident contacts in 2009; since only 11.2% of the total contacts were made in assisted living facilities, ombudsmen were unable to identify the problems with care and quality of life, especially for some frail elderly who remain in assisted living facilities and “age in place”; and
WHEREAS, In 2009, Ombudsmen received 37,511 nursing home complaints and 2,489 ALF complaints, and resolved or partially resolved 88% of complaints by serving as an advocate for residents, families, friends and legal guardians with facility staff and referring agencies; now therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to allocate $3 million to expand the Long-Term Care Ombudsman services in assisted living facilities with the addition of ALF ombudsmen for the 28 area agencies on aging and one FTE at DADS state office to provide training and staff support to the new positions in order to help residents maintain their rights and receive individual care, promote an environment of respect, dignity, choice and self-determination and to assure each person receives optimal care and quality of life.
PASSED AND APPROVED on September 13, 2010, by the Human Services Committee.
Adalaide Balaban, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
27 By: Jerry Pybus, Albert Campbell, Linda Parrish, No. R17 Whiteside, DeVonne Foutz, Ruth Bowling
Committee: Education
RESOLUTION
Increase State Contribution Rate to Teacher Retirement System Pension Fund by .5%
A RESOLUTION TO: Increase the State contribution rate by .5% each year in the next biennial budget to make the Teacher Retirement System (TRS) fund approach solvency.
WHEREAS, In 1996 the State contribution rate was reduced from 7.31% to the current 6.40% because TRS had a surplus in its fund at that time. Now, at 6.40% the fund cannot be actuarially sound within the 31-year period required by the State Constitution, and the Texas Constitution requires the Texas Legislature to make a budgetary contribution to the TRS pension fund of no less than 6% and up to 10 % of the aggregate active teacher payroll; and
WHEREAS, Elected officials must realize that 1.2 million Texans are relying on this system for their economic security, and that this fund must be actuarially sound. A healthy TRS pension fund ensures quality employees in Texas schools, provides financial security for public education employees and benefits Texas through broad economic stimulus; and
WHEREAS, It has been over ten years since any public education retiree (teachers, clerks, aides, custodians, maintenance works, cafeteria workers, etc.) in Texas have received a permanent cost of living increase in pension benefits; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to raise the State Contribution rate by .5% each of the next two years of the Biennium to make the TRS pension fund sufficient to allow solvency, thereby allowing a possibility of cost of living raise for all retirees.
PASSED AND APPROVED on September 13, 2010, by the Education Committee.
Lynn Crisp, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
28 By: C. Bruce Davis No. R18
Committee: Human Services
RESOLUTION
Add Licensed Professional Counselors to List to Assess Capacity to Consent
A RESOLUTION TO: Add Licensed Professional Counselors (LPCs) to the list of professionals in the code that can assess capacity to consent in an emergency.
WHEREAS, Adult Protective Services (APS) caseworkers frequently encounter individuals who, due to certain physical, intellectual, or psychological limitations, appear to have impaired ability to recognize their problems, and the APS caseworker refers the client to individuals who are on an approved list of professionals who can determine whether or not the client lacks the capacity to consent; and
WHEREAS, The referral is usually made to a physician in these cases, but when a physician is not available, the list of approved professionals that can assess a client’s capacity to consent includes psychologists, master’s level social workers, advanced practice nurses, and physician assistants; and
WHEREAS, Client safety is dependent upon the availability of professionals who can assess the need to file emergency orders to protect clients who lack the capacity to consent. However, some communities do not have these professionals available in or near where the client resides, but LPCs receive training in capacity assessment comparable to master’s level social workers, now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to modify the Human Resources Code, Chapter 48.208, C-3 with language that adds Licensed Professional Counselors to the list of approved professionals to assess capacity in an emergency.
PASSED AND APPROVED on September 13, 2010, by the Human Services Committee.
Adalaide Balaban, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
29 By: C. Bruce Davis No. R19
Committee: Criminal Justice
RESOLUTION
Provide Immunity for Emergency Medical Services and Law Enforcement Personnel When Assisting Adult Protective Services Workers
A RESOLUTION TO: Allow Emergency Medical Services (EMS) and Law Enforcement Personnel to assist Adult Protective Services (APS) workers in removing a client from life-threatening situations, and providing immunity for these personnel from threats of lawsuits, even when they act without a court order to do so.
WHEREAS, APS Caseworkers must often remove a person from a life-threatening situation, even when it is against the clients’ will, and APS currently has the statutory authority under HRC Chapter 48 to remove these individuals from a hazardous environment; and
WHEREAS, APS Caseworkers frequently face resistance from the abuser or the client, or both, during the removal process, and APS Caseworkers frequently need the assistance of EMS or Law Enforcement personnel to move clients to safer surroundings, but EMS or Law Enforcement personnel are often hesitant to assist APS when the removal takes place after 5pm and when there is no court order for the removal; and
WHEREAS, Delay in the removal of a client at times can create even greater danger and even become life-threatening to the client, APS caseworkers, EMS and Law enforcement personnel; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to clarify in the Texas Resource Code, Section 48.208 that law enforcement and EMS must assist APS in removal, even when no court order has yet been written, and provide them with immunity.
PASSED AND APPROVED on September 13, 2010, by the Criminal Justice Committee.
William J. Bugelholl, Acting Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary
30 By: C. Bruce Davis No. R20
Committee: Health & Human Resources
RESOLUTION
Increase Length of Time of an Initial Emergency Order for Adult Protective Services from 72 Hours to 10 days
A RESOLUTION TO: Grant Adult Protective Services (APS) workers an extension of time of an initial short-term emergency order for protective services from 72 hours to 10 days, and that two 30-day extensions can be allowed in complex cases that warrant and document the request for extensions with cause.
WHEREAS, APS workers frequently find it necessary to seek an Emergency Order for Protective Services from the court for disabled and aged clients faced with life threatening abuse, neglect, or exploitation; and
WHEREAS, Under current state law, the initial short-term court orders under these circumstances are granted for a period of 72 hours, but this amount of time is frequently insufficient to determine and provide needed services to keep the client safe because many elderly clients need more than 72 hours to stabilize; and
WHEREAS, In many cases clients frequently end up returning to the same dangerous situation from which the court had ordered removal. The additional time would allow “guardianship” to be established before releasing a client that has been removed under an emergency order; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to change the Emergency Order For Protective Services (EOPS) from 72 hours to 10 days, and that two 30-day extensions can be allowed in complex cases that warrant and document the request for extension.
PASSED AND APPROVED on September 13, 2010, by the Health and Human Resources Committee.
Sandra Graham, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary 31 By: C. Bruce Davis No. R21
Committee: Education
RESOLUTION
Educate Medical, Nursing, and Law School Students about Adult Protective Services
A RESOLUTION TO: Expand the requirement for educational curricula that is currently required at schools of social work and psychology, to include information about protective services for the elderly and disabled adults, to include medical and law degree programs.
WHEREAS, The State of Texas currently requires schools of social work and psychology to include in their curricula information about Adult Protective Services (APS); and
WHEREAS, No such requirement exists in the law for medical and law degree programs, and the elderly and disabled adults frequently depend upon the medical and legal professions to serve and protect them; and
WHEREAS, As the state’s population who are elderly or have disabilities increases, the need for legal and medical professionals to understand their special needs increases; now, therefore be it,
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to expand HRC Section 40.0323 to require that nursing, medical and law degree programs include curricula that focus upon protective services for elderly and disabled adults.
PASSED AND APPROVED on September 13, 2010, by the Education Committee.
Lynn Crisp, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
32 By: C. Bruce Davis No. R22
Committee: Health & Human Resources
RESOLUTION
To Allow Adult Protective Services Caseworkers to Use Purchased Client Services Funds to Purchase Services from Caretakers or Family Members
A RESOLUTION TO: Change the Human Resources Code to allow an Adult Protective Services (APS) Caseworker to access Purchased Client Services (PCS) funds to a caretaker or family member who is providing services to a client, if the use of these funds allows the caretaker or family member to continue service to the client.
WHEREAS, In many cases, family members or other caretakers are relied upon to help the APS client resolve issues of abuse, neglect, or exploitation; and
WHEREAS, Often a family member or caretaker providing care to an APS client cannot pay for a simple auto repair, which is essential to transporting the client to and from medical care; and
WHEREAS, At present, PCS funds are not permitted to be used to assist the caretaker or family member of the APS client; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to modify the Human Resources Code, Chapter 48.208 to permit expenditure of PCS funds for services provided by caretakers or family members.
PASSED AND APPROVED on September 13, 2010, by the Health and Human Resources Committee.
Sandra Graham, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary
33 By: C. Bruce Davis No. R23
Committee: Human Services
RESOLUTION
Maintain at Current Levels or Above Medicaid Reimbursement for Nursing Homes in Texas
A RESOLUTION TO: Maintain at current levels or above the Medicaid reimbursement for nursing homes in Texas.
WHEREAS, The State of Texas ranks 49th of 50 states in the nation for Medicaid reimbursement of Texas nursing homes residents, and
WHEREAS, The low Medicaid reimbursement rate affects the care of the poorest and the most frail of our elderly population in that the low Medicaid reimbursement rate results in the closure of many of our rural nursing facilities that are predominantly occupied by Medicaid recipients, and
WHEREAS, The low Medicaid reimbursement rate in Texas is highly detrimental to the quality of care given our poorest, sickest, and most dependent older Texans, now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges and encourages the 82nd Texas Legislature to maintain at current levels or above Medicaid reimbursement for nursing homes in Texas.
PASSED AND APPROVED on September 13, 2010, by the Human Services Committee.
Adalaide Balaban, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary
34 By: C. Bruce Davis No. R24
Committee: Retirement & Aging
RESOLUTION
Include Durable Mental Health Power of Attorney in the Health & Safety Code
A RESOLUTION TO: Amend the Health & Safety Code to include a provision for Durable Mental Health Power of Attorney.
WHEREAS, The current Health & Safety Code includes a provision for “Durable Medical Power of Attorney” but specifically excludes mental health; and
WHEREAS, The significant rise in the senior population has seen a concurrent rise in Texas seniors suffering from dementia, including Alzheimer's, requiring inpatient mental health treatment by mental health professionals; and
WHEREAS, The current process for those Texas seniors requiring mental health services but unable to provide informed consent includes obtaining an initial Emergency Detention Order (Court Committal), detainment and transport by law enforcement, with our Texas seniors often being required to wear handcuffs from a nursing home to a inpatient mental health facility; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to amend the Health & Safety Code to include a provision for Durable Mental Health Power of Attorney to assure that Texas seniors suffering from mental illness are able to select someone to act on their behalf.
PASSED AND APPROVED on September 13, 2010, by the Retirement and Aging Committee.
C. Bruce Davis, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
35 By: C. Bruce Davis No. R25
Committee: Insurance
RESOLUTION
Require Entire Funding Including Interest of Pre-need Purchases to be Provided to Servicing Funeral Home
A RESOLUTION TO: Guarantee that when a person purchases a pre-need funeral plan that it is portable to other cities in Texas should the client’s family choose to utilize a funeral home other than the selling funeral home.
WHEREAS, Many Texans are purchasing pre-need funeral service plans, thinking that they will take care of their final needs, and that their family will not be burdened with the cost of these services, and many families find it necessary to bury their loved one someplace other than the place where their family member purchased the pre-need plan; and
WHEREAS, In many cases, the bereaved families are finding out that the entire amount of the pre- need plan is not available to them to pay for the funeral service; and
WHEREAS, According to present law, some funeral homes who sold the pre-need plan will only send the principal (the amount originally paid for the plan) but will not send the interest that has accumulated in the plan; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to require all funeral homes who sell pre-need plans for future funeral services in Texas to be required to send the entire corpus of the plan (principal plus interest) to the servicing funeral home.
PASSED AND APPROVED on September 13, 2010, by the Insurance Committee.
A.G. “Pete” Hinojosa, Sr., Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
36 By: C. Bruce Davis No. R26
Committee: Criminal Justice
RESOLUTION
Require No-Cost Access to Financial Records to Facilitate Adult Protective Services Investigations of Abuse
A RESOLUTION TO: Grant Adult Protective Services (APS) investigators access to financial records to effectively investigate exploitation cases, and to not incur charges from financial institutions for access to these records.
WHEREAS, APS workers frequently experience difficulty in obtaining records from financial institutions when investigating exploitation cases, and APS is regularly charged fees for providing those records, and sometimes the fees are prohibitive; and
WHEREAS, Clients are many times at risk of ongoing exploitation when APS workers must petition the court system for access to these financial records due to state law requirements; and
WHEREAS, Solving this problem of access by APS to financial records in investigations of exploitation will insure and protect the most vulnerable Elderly Texans from further abuse; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to:
a) add language to HRC 48.154(a) to include financial records as a type of record to which the department has access; and
b) add language to HRC 48.154(b) to include financial institutions in the language regarding the department’s exemption from payment for records; and
c) change Finance Code 59.006 to allow financial institutions to provide records when the Department requests them for investigations of allegations of abuse, neglect, or exploitation.
PASSED AND APPROVED on September 13, 2010, by the Criminal Justice Committee.
William J. Bugelholl, Acting Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary 37 By: C. Bruce Davis No. R27
Committee: Human Services
RESOLUTION
Preserve or Increase Current Funding for Home Delivered Meals
A RESOLUTION TO: Preserve or increase current funding for home delivered meals.
WHEREAS, Home delivered meals in Texas are an important lifeline to many isolated, lonely elderly; and the social contact of the person delivering meals daily is an important preventative to premature Institutionalization and health emergencies; and
WHEREAS, Even at current funding levels, maintaining the current numbers served will be difficult with the rising cost of food and supplies; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to preserve or increase current funding for Home Delivered Meals to the elderly.
PASSED AND APPROVED on September 13, 2010, by the Human Services Committee.
Adalaide Balaban, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
38 By: C. Bruce Davis No. R28
Committee: Health & Human Resources
RESOLUTION
Increase Nursing Home Staff Enhancement Rates
A RESOLUTION TO: Provide additional staff enhancement funds to encourage nursing facilities to continue to increase training opportunities and improve staffing ratios for quality care.
WHEREAS, Funding of Medicaid residents in nursing homes in Texas is 49th out of the 50 states; and
WHEREAS, Given the unlikely scenario that reimbursement rates will increase; and
WHEREAS, In a tight budget environment, the increase of staff enhancement funds would most likely result in higher quality of care in Texas nursing facilities; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to increase the staff enhancement rates for Texas nursing facilities.
PASSED AND APPROVED on September 13, 2010, by the Health and Human Resources Committee.
Sandra Graham, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
39 By: Linda Parrish No. R29
Committee: Health & Human Resources
RESOLUTION
Establish Health and Human Services Commission Quality Community Attendant Retention and Outreach Council
A RESOLUTION TO: Provide quality community attendants to older Texans and people with disabilities.
WHEREAS, Approximately 250,000 community attendants provide vital services to older Texans and people with disabilities that assist in maintaining their health, independence, and ability to contribute to the community while remaining in their communities; and
WHEREAS, Community attendants generally receive low wages, minimal or no health or retirement benefits, no sick leave or travel reimbursement; and
WHEREAS, The turnover rate of community attendants is extremely high, causing disruption in the delivery of critical community home and community services to older Texans and people with disabilities; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to direct the Health and Human Services Commission (HHSC) in conjunction with the Department of Aging and Disability Services to establish the “Quality Community Attendant Retention and Outreach Council” to develop strategies that will address the following community attendant issues: a) living wages, b) retention, c) shortage, d) access to health insurance and other benefits, and e) incentives to attract community attendants into the profession. This Council will make annual recommendations to the Commissioner of the HHSC including budget and legislative recommendations for the Governor and the Texas Legislature.
PASSED AND APPROVED on September 13, 2010, by the Health and Human Resources Committee.
Sandra Graham, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary 40 By: Linda Parrish No. R30
Committee: Health & Human Resources
RESOLUTION
Health and Human Services Commission and the Department of Aging and Disability Services to Develop 10 Year Plan for Aging in Place with Community Services
A RESOLUTION TO: Secure services in community settings for Senior Texans and people with disabilities.
WHEREAS, The vast majority of older Texans and people with disabilities prefer to live as independently as possible and “age in place” in a home and community integrated setting while receiving long term services and supports; and
WHEREAS, The population of older Texans and people with disabilities requiring long term support is expected to increase significantly over the next twenty years while the waiting list for Medicaid and other community services is currently over 100,000 people and continues to grow; and
WHEREAS, The current revenue shortfall may result in attempts to reduce home and community services resulting in more costly institutionalization for senior Texans and people with disabilities; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to direct the Health and Human Services Commission and the Department of Aging and Disability Services to develop a 10 year plan that will allow older Texans and people with disabilities to age in place with appropriate community services. This plan should have representation from the aging and disability communities.
PASSED AND APPROVED on September 13, 2010, by the Health and Human Resources Committee.
Sandra Graham, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
41 By: Jetta Roberts No. R31
Committee: Health & Human Resources
RESOLUTION
Create a Definition of Undue Influence to Provide Adequate Protection for Texas Senior Citizens from Exploitation
A RESOLUTION TO: Create legislation to protect senior citizens from exploitation through undue influence.
WHEREAS, The population of age 65 and over is the fastest growing age group in America and by 2030 people over age 65 will triple to over 70 million, many of whom will be victims of financial exploitation through undue influence; and
WHEREAS, One form of elder abuse is financial exploitation by undue influence which generally occurs when the victim is incapacitated by cognitive impairment, physical or mental illness, or some other vulnerability such as recent bereavement. Undue influence is usually accompanied by fraud or duress by the perpetrator, generally someone in a position of trust or authority, who seeks financial gain at the expense of the victim; and
WHEREAS, Texas law currently does not recognize undue influence as a form of exploitation. The term undue influence has no precise criminal or medical definition; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to create a definition of undue influence, and afford elderly victims of financial exploitation by undue influence justice by and through the criminal justice system as well as entitlement to civil legal remedies in Texas law.
PASSED AND APPROVED on September 14, 2010, by the Health and Human Resources Committee.
Sandra Graham, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary
42 By: Jetta Roberts No. R32
Committee: Insurance
RESOLUTION
Require Insurance Firms to Report Immediately Canceling or Expired Liability Auto Insurance to the Department of Public Safety and Revoke Driver’s License
A RESOLUTION: To require insurance firms to report immediately cancelled or expired liability auto insurance to the Department of Public Safety.
WHEREAS, The mandatory insurance law instituted in 1981 was supposed to lower the cost of coverage that protects policyholders from losses caused by uninsured motorists, but the cost has increased by about fifty percent over the past three years in most of Texas, according to State Guidelines for insurance rates; and
WHEREAS, When an accident occurs with an uninsured motorist, the insured individual has to pay their deductible using their own insurance which causes an increase of premium. This becomes costly for those who are low income earners and for those who are on fixed incomes. Those who obey the law are being penalized financially for those who do not; and
WHEREAS, To renew a driver’s license, vehicle registration, or auto inspection, one must show proof of insurance. There are some consumers buying insurance for one or six months then either cancelling it or letting it expire by not paying the premiums; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature encourages and strongly recommends that the 82nd Texas State Legislature declare a policy to curtail insurance fraud by requiring insurance firms to report immediately when a policy is cancelled or expires to the Department of Public Safety and that the individual’s Driver’s License be revoked until proof of insurance is established.
PASSED AND APPROVED on September 14, 2010, by the Insurance Committee.
A.G. “Pete” Hinojosa, Sr., Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
43 By: Estella Tyson, Doris Griffin, Juretta Marshall, Homer Lear, No. R33 Ed Dylla
Committee: Retirement & Aging
RESOLUTION
Reform Long-Term Care Facility Complaint Policies
A RESOLUTION TO: Amend Texas Health and Safety Codes to keep long-term care residents safe.
WHEREAS, The long-term care system in place at the Texas Department of Aging and Disability Services (DADS) fails to respond promptly to complaints regarding the well-being of the elderly in long-term care; and
WHEREAS, The current 800 number for filing complaints is shared within the DADS Consumer Services Division and other departments resulting in 45 to 60 day triage and complaint referral process; and
WHEREAS, The advocacy experience and expertise of the Area Agencies on Aging Ombudsman Program could be better utilized in establishing an expeditious and more effective complaint referral/retrieval system regarding abuse, neglect and exploitation; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to amend the Texas Health and Safety Code Chapters 242.043-044-045; Subchapter E. Sec. 242.122-126 to (1) create collaborative advocacy and enforcement teams to investigate long- term care facility complaints and claims of abuse, neglect, and exploitation and (2) to facilitate consumer and constituent 800 calls to go directly to DADS local Regional Regulatory Offices.
PASSED AND APPROVED on September 14, 2010, by the Retirement and Aging Committee.
C. Bruce Davis, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
44 By: Jerry W. Pybus No. R34 Committee: State Affairs
RESOLUTION
Allow Specialty License Plate for All Texas Veterans at Standard Cost
A RESOLUTION TO: Provide all qualifying veterans a license plate with the word “VETERAN” at the bottom of the plate at no additional cost to the registration fee.
WHEREAS, Sec.504.002 of the Transportation Code under Title 7. Vehicles and Traffic, Chapter 504.002 states (1) … that any vehicle is eligible to be issued specialty license plates to accommodate or reflect its use on a motor vehicle…and (2) an application for specialty license plates must be submitted in the manner specified by the department, provided that if issuance of a specialty plated is limited to particular persons or motor vehicles, the application must be accompanied by evidence satisfactory to the department that the applicant is eligible; and
WHEREAS, The Transportation code already authorizes specialty “Military License Plates” including active military, WW II, Korea, Vietnam, Gulf War veterans, special medal plates (Purple Heart, Silver Star,) etc., and, the Texas Department of Motor Vehicles has suggested that this resolution “mirror” the statutes for military plates already approved; and
WHEREAS, A person applying for a set of plates under subchapter SEC 504.3015 pays the regular registration fee required under Chapter 502 with no other fee; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to allow an addition to the statute that would allow any “honorably discharged” person in Texas that was a former member of an United States Armed Services, including Reserves and National Guard, to apply for a license plate that has the word “VETERAN” in red at the bottom of the plate at no additional cost except for the regular registration fee.
PASSED AND APPROVED on September 14, 2010, by the State Affairs Committee.
Homer W. Lear, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
45 By: Linda Parrish, Albert Campbell No. R35
Committee: Education
RESOLUTION
Remove Public Education Curriculum and Textbook Approval Process from the Duties of the State Board of Education
A RESOLUTION TO: Ensure that the public education system of Texas prepares and produces productive citizens.
WHEREAS, The majority of Texas students are educated in the public schools and, as such, deserve accurate courses of study; and
WHEREAS, The largest demographic of Texans are those who are aging and not employed and will depend on the expertise and success of the public school students; and
WHEREAS, The State Board of Education has relinquished the oversight of the content of the statewide adopted curriculum from discipline experts to ideologues, now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to remove the public education curriculum and textbook approval process from the duties of the State Board of Education.
PASSED AND APPROVED on September 14, 2010, by the Education Committee.
Lynn Crisp, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
46 By: Oscar Garcia No. R36
Committee: Retirement & Aging
RESOLUTION
A Basic Statutory Will for Texas
A RESOLUTION To: Enact in Texas a statutory basic will.
WHEREAS, Under the United States Constitution, states alone have the power to enact statutes regarding wills and the appointment of executors and guardians; and
WHEREAS, The right of property owners to use a written will to direct the disposition and administration of their estate upon death and the right of parents to name guardians for their minor children are treasured rights; and
WHEREAS, The legislature in each of Texas’ sister states of Maine, Michigan, Wisconsin and California enacted a statutory basic will specific to the state to allow competent adults to direct the disposition and administration of their estate upon death and to name guardians for their minor children; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature recommend that the 82nd Texas Legislature enact into law a Texas statutory basic will.
PASSED AND APPROVED on September 14, 2010, by the Retirement and Aging Committee.
C. Bruce Davis, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
47 By: C. Bruce Davis No. R37
Committee: Retirement & Aging
RESOLUTION
Guardianship Compensation to Be Set by Statutory Court
A RESOLUTION TO: Insure that the compensation to a Guardian is determined by the Statutory Court.
WHEREAS, Senior Adults who are on Medicaid and in nursing homes are our most needy Texans and demanding of a Guardian’s time and efforts to validate proper medical care, meeting personal needs and managing financial interests on behalf of the nursing home resident in order to maintain eligibility for financial assistance; and
WHEREAS, Such oversight by a Guardian insures the best care to the nursing home resident and often prohibits unnecessary costs of medical trips and examinations in an emergency room setting, thereby actually reducing the costs to the medical assistance program; and
WHEREAS, $175.00 per month currently allowed by the state legislature is not adequate to support the time and expenses of the Guardian on behalf of the resident; especially since the costs for time and expenses determined by the State of Texas and allowed to Contractors providing Guardianship services for the Department of Aging and Disability Services, exceeds $175.00 per month; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to allow the compensation to a Guardian to be determined by the Statutory Court.
PASSED AND APPROVED on September 14, 2010, by the Retirement and Aging Committee.
C. Bruce Davis, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
48 By: Lela Foreman No. R38
Committee: Education
RESOLUTION
Allow the Highest Vote Getter to Be the Elected Annuitant on Teacher Retirement System Board
A RESOLUTION TO: Allow Teacher Retirement System (TRS) annuitants to directly elect their trustee to the TRS Board of Trustees.
WHEREAS, The TRS Board has one dedicated position out of nine (9) for an elected TRS annuitant that is up for election every four years; and
WHEREAS, The members vote for their preferred candidate in a TRS administered election, and the names of the three top vote getters are forwarded to the Governor for his/her selection, with only one of the three to be chosen; and
WHEREAS, If the person with the majority of the votes is not selected by the Governor, the selection of another person by the Governor may disenfranchise the voters who took the time to study the qualifications of the candidates and participate in the election; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas State Legislature to allow the highest vote-getter to be the elected annuitant on the TRS Board.
PASSED AND APPROVED on September 14, 2010, by the Education Committee.
Lynn Crisp, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
49 By: Lela Foreman No. R39
Committee: Insurance
RESOLUTION
Create and Fund a Permanent Teacher Retirement System Health Care Trust Fund
A RESOLUTION TO: Create and fund a permanent Teacher Retirement System health care trust fund.
WHEREAS, Such a fund will help protect the Teacher Retirement System health care program by prefunding future health care obligations for retired educators; and
WHEREAS, The investment earnings generated by a permanent health care trust fund can be used as a future source of revenue to offset the costs of health insurance in the years to come; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature strongly urges the 82nd Texas Legislature to create and fund a permanent Teacher Retirement System health care fund.
PASSED AND APPROVED on September 14, 2010, by the Insurance Committee.
A.G. “Pete” Hinojosa, Sr., Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
50 By: Oscar Garcia No. R40
Committee: Rural - Urban
RESOLUTION
Court-Required Oral and Written Training for Guardians
A RESOLUTION TO: Require courts with guardianship jurisdiction to provide oral and written guardianship training to individuals who are appointed by the courts as guardians of the person and/or estate of their incapacitated family members or friends (wards).
WHEREAS, Guardians are appointed by courts to make important residential, medical and financial decisions for incapacitated adults who are no longer capable of making these critical decisions for themselves; and
WHEREAS, Courts that appoint guardians are responsible to monitor those guardians by reviewing annual guardian-of-the-person reports and annual accountings from guardians of the estate and by making personal visits required on wards under the supervision of statutory probate courts, but no initial training of guardians by the courts is currently required; and
WHEREAS, Courts that currently provide initial training to guardians have found that such training has resulted in more guardians timely filing their reports on the physical condition of their wards and their accountings on the financial condition of their wards’ estates; and have found that such training results in fewer guardians being removed as guardians of their family members or friends; now, therefore, be it
RESOLVED: That the 13th Texas Silver-Haired Legislature encourages and strongly recommends that the 82nd Texas Legislature enact legislation that Courts that appoint guardians shall be required to give each guardian an appropriate level, as determined by the probate judge, of in-person training including written materials on the duties and obligations of being a guardian of their incapacitated family member or friend.
PASSED AND APPROVED on September 14, 2010, by the Rural-Urban Affairs Committee.
Patricia Dorrough, Acting Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary 51 By: Oscar Garcia No: R41
Committee: Retirement & Aging
RESOLUTION
Allow Courts with Guardianship Jurisdiction to Conduct Adult Guardianship Hearings at any Suitable Location as Court Determined
A RESOLUTION TO: Allow courts with guardianship jurisdiction to hold adult guardianship hearings at locations other than the county courthouse.
WHEREAS, Courts with guardianship jurisdiction are required to hold adult guardianship hearings at the county courthouse to determine whether an adult is incapacitated; and many incapacitated adults, involved in guardianship proceedings (proposed wards), are seniors who may be in poor physical condition and who may be unable to travel to the courthouse to attend these hearings, or who may decide against attending these hearings due to the combination of their frailty and inclement weather or parking concerns; and
WHEREAS, It is advantageous for proposed wards to attend guardianship hearings so that they are able to testify on their own behalf to present their objections, if any, and to understand the limitations to their rights imposed by the court in these proceedings; and
WHEREAS, More proposed wards would be able to attend their guardianship hearings if counties were allowed to hold guardianship hearings in any suitable location determined by the court such as nursing facilities, hospitals, proposed ward’s homes or sub-courthouses; now therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature encourages and strongly recommends that the 82nd Texas Legislature enact legislation that allows Courts with guardianship jurisdiction to conduct adult guardianship hearings at any suitable location as determined by the court.
PASSED AND APPROVED on September 14, 2010, by the Retirement and Aging Committee.
C. Bruce Davis, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
52
By: Alan Abraham, Oscar Garcia, Ruth Bowling No. R42
Committee: Utilities & Natural Resources
RESOLUTION
Relating to the Full Utilization of the System Benefit Fund for Its Intended Purposes
A RESOLUTION TO: Assure that “LITE-UP Texas” fees to electric customers in de-regulated markets in Texas are expended for their intended purposes to the fullest extent permitted by law and are uncompromised by the Legislature’s desire to hold these monies in reserve to balance its budget.
WHEREAS, None of the proposed legislative bills from the previous Texas legislative session passed which would have prevented these non-bypassable fees in Texas electric bills from being withheld by the Legislature for general budget certification purposes to the tune of $870 million of which only $257 million was appropriated for the 2010-2011 biennium; and
WHEREAS, Electric service in Texas, where the entities generating electric power are owned and operated separately from the retail outlets who sell that power to customers, does not create a consumer’s choice marketplace nor are the rules of normal competition able to drive prices downward, which is why electricity in de-regulated markets is so expensive and continues to rise; and
WHEREAS, Older Texans on fixed income find their resources dwindling very quickly with the cost of utilities, prescription drugs, health care, rent and food sky rocketing, in some cases forcing upon them the unhealthy choice of going without air conditioning in the midst of the summer’s heat; now, therefore, be it
RESOLVED: That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to amend Section 39.903 of the Utilities Code to move the System Benefit Fund (SBF) (GR 5100) out of the general revenue fund and to place it outside the Legislature’s appropriations process so that it may be administered by an independent agent of the Fund. This amendment would exempt the SBF from the budget certification accounting process and allow it to be expended entirely for its stated, statutory purposes.
PASSED AND APPROVED on September 14, 2010, by the Utilities and Natural Resources Committee.
James Ted Hubert, Acting Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary 53 By: Jetta Roberts No. R43
Committee: Health & Human Resources
RESOLUTION
Create a Definition of Identity Theft as Exploitation of the Elderly
A RESOLUTION: That the legislature creates laws to protect senior citizens from exploitation through identity theft.
WHEREAS, The population of age 65 and over is the fastest growing age group in America and by 2030 people over age 65 will triple to over 70 million; and
WHEREAS, One form of elder abuse is financial exploitation by someone stealing an elderly person’s identity, but Texas law currently does not recognize identity theft as a form of exploitation. The term “identity theft” does not currently encompass the definition of exploitation, and, Texas government should help protect older persons and persons with disabilities by creating legislation to include identity theft of an elderly individual as falling within the definition of exploitation; and
WHEREAS: Identity theft should be defined to consist of: 1 The taking of an elderly and/or disabled person’s name, social security number, date of birth or government-issued identification number; 2 The taking of an elderly or disabled persons PIN number, electronic identification number, address, routing code or account number and any telecommunication where identifying information is shared but not owned by that individual; 3 Taking and using the identifying information without specific consent for the purpose used; or 4 Using that information as your own to obtain an advantage; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to create a definition of identity theft as exploitation of the elderly under chapter 48 of the Health and Human Resources Code Texas law.
PASSED AND APPROVED on September 14, 2010, by the Health and Human Resources Committee.
Sandra Graham, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary 54 By: Betty Streckfuss, Paula Johnson, Jetta Roberts No. R44
Committee: Education
RESOLUTION
Require 20% of Continuing Education Courses in Geriatric Medicine for a Health Care Professional Whose Practice Population is at Least 35% Medicare Recipients
A RESOLUTION TO: Establish guidelines for a required 20% of Continuing Education for health care professionals be specifically focused on care and treatment of geriatric patients in any practice where the patient population is comprised of 35% Medicare recipients.
WHEREAS, The Senior population of Texans over 60 years of age is exponentially increasing and the number of qualified practitioners in Geriatric Medicine are diminishing due to attrition, lack of interest and limited reimbursement by Medicare for geriatrics services; and
WHEREAS, That population of seniors are the most underserved and yet most likely to develop complicated and costly health problems, often resulting in lengthy hospitalizations and long-term care resulting from mismanagement and/or misdiagnoses; and
WHEREAS, Those very seniors are often dependent on care by a health care professional who has no specialty training, has blocked service to new Medicare patients, or whose medical training is in a totally unrelated field other than Geriatrics; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature encourages and strongly recommends the 82nd Texas Legislature to legislate a required program for 20% of Continuing Education courses to be devoted solely to Geriatric Medicine for a health care professional or practitioner whose patient population is comprised of at least 35% Medicare recipients.
PASSED AND APPROVED on September 14, 2010, by the Education Committee.
Lynn Crisp, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
55 By: Betty Streckfuss No. R45
Committee: Rural - Urban
RESOLUTION
To Increase Wages of Personal and Health Care Aides to a Competitive Level
A RESOLUTION TO: Increase and incrementally raise wage scale above the minimum wage which is essential in recruiting and retaining a direct care workforce that will be available to meet the needs of the growing population of vulnerable citizens.
WHEREAS, Personal and health care aides are required by State Department of Health to be trained before having direct responsibility for a patient to be able to accurately assess vital signs, operate patients’ equipment, assess changes in physical status and report findings in a timely manner to appropriate supervisors or authorities; and
WHEREAS, Personal and health care aides, usually independently and sometimes in less than inviting environments, provide care for needy, vulnerable, elderly, disabled and often mentally impaired individuals with varying and diverse levels of mobility, health and mental acuity; and
WHEREAS, Direct and personal caregivers are poorly compensated, under-appreciated and often less trained than fast-food workers, directly ignoring the importance, difficulty and demands of these jobs which are personal and in no way ordinary, routine or mechanical; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature encourages and strongly recommends that the 82nd Texas Legislature pass legislation to increase wages of Personal and Health Care Aides to a competitive level to attract more and better qualified individuals, decrease turnover and offer improved care through more equitable patient/staff ratio.
PASSED AND APPROVED on September 14, 2010, by the Rural-Urban Affairs Committee.
Patricia Dorrough, Acting Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
56 By: Betty Streckfuss, Carlos Higgins No. R46
Committee: Health & Human Resources
RESOLUTION
Legislation Ensuring that Patients or their Guardians Receive Full Disclosure When Receiving a Therapeutic Drug Substitute
A RESOLUTION TO: Ensure a patient receives full disclosure about costs, effectiveness and content, and whether anyone other than the patient receives any direct or indirect benefit when any prescription is switched from the prescription that was prescribed.
WHEREAS, For patients to remain in control of their own or a family member’s health care decisions, it is essential to demand from all those who prescribe, deliver and receive these medications or supplies greater transparency and integrity at each step of the process; and
WHEREAS, Unlike generic drug substitution, in “therapeutic drug substitution”, patients are often given alternative drugs that are chemically different from those prescribed, which may introduce unnecessary risk and costs for a patient when the substitution is made without consulting the prescribing physician who has knowledge of that patient’s condition; and
WHEREAS, Although saving money in healthcare decisions is important, the health of a patient must remain paramount when substitutions are considered because a switch could alter the entire physical and mental makeup of the patient, especially when the patient is young, elderly or medically challenged, but full disclosure should be made for every patient, to avoid the serious complications that may result when even one drug is switched with the patient not being aware of the substitution or not attuned to the significance of it. For this reason, the TSHL joins many other advocacy organizations, including the Epilepsy Foundation; Coalition of Texans with Disabilities and National Alliance for the Mentally Ill, in expressing concerns about anyone in the delivery chain switching prescribed medications to another medication which too often result in extra costs, less effective treatment and mistrust between patient and physician, pharmacist or Benefit Manager; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to pass legislation ensuring that patients or their guardians receive full disclosure about any therapeutic drug substitution, including instances when anyone other than the patient is to receive a benefit, directly or indirectly, for substituting or changing medications for that patient.
PASSED AND APPROVED on September 14, 2010, by the Health and Human Resources Committee.
Sandra Graham, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary 57 By: Betty Streckfuss, Oscar Garcia, Paula Johnson, No. R47 Jetta Roberts, Ruth Bowling
Committee: Education
RESOLUTION
Mandatory Geriatric Education to Be Required in all Texas Schools of Health Care Education and Studies
A RESOLUTION TO: Recognize the immediate need for programs in Geriatric Education be required during the first two years of Medical School and other schools of Health Care in order to use that experience of care for the aging during the rest of medical education and to prepare more medically trained personnel at this time when Medicare Services are being drastically cut.
WHEREAS, Citizens over the age of 60 are growing in number daily and the number of Geriatric and other physicians of other specialties are closing their practices to those new Medicare patients seeking care; and
WHEREAS, While less than 7,000 Geriatricians are nationally trained to care for a Geriatric population of more than 30 million, more errors, neglect, and misdiagnoses are adding to the extended care and treatment of fragile, complex seniors; and
WHEREAS, The State of Texas has adopted a Texas State Health Plan for the years 2005- 2020 indicating an understanding of the special needs of seniors and considers them unique, and apart in every way from the needs of other segments of the population to an extent that proper care cannot be offered seniors by medical workers who have had little or no training in medical needs of aging patients; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature encourages and strongly recommends the 82nd Texas Legislature to enact laws that demand students in any Texas School of Health Care study geriatrics as a required part of their first two years education in an amount to be set by the State Board of Higher Education.
PASSED AND APPROVED on September 14, 2010, by the Education Committee.
Lynn Crisp, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
58 By: Betty Streckfuss, Carlos Higgins No. R48
Committee: State Affairs
RESOLUTION
Protect Medical Patients from Balance Billing, Known as Bushwhack Billing
A RESOLUTION TO: Urge the Texas Legislature to rein-in the widespread billing practice in the delivery of medical care that is commonly called “Balance Billing” by practitioners, but to the many victims of the practice, it is more akin to a deceptive trade practice.
WHEREAS, Most people covered by medical insurance assume their coverage will cover all aspects of a treatment purportedly covered by their policy, but weeks after the treatment, too many patients receive an unexpected bill for something not covered, often from a radiologist, anesthesiologist, pathologist, or emergency room physician, for additional fees that arrive not only as a bolt from the blue, but also as an overwhelming financial burden. The Texas Senate State Affairs Committee Chair acknowledged in the last legislative session that this is probably the number one complaint about medical care that legislators receive from their constituents; and
WHEREAS, HB 2256 during the last legislative session required more disclosure and an opportunity for patients to enter into “mediation” about huge, unexpected medical bills, however, the typical patient is not equipped to decipher the significance of disclosures embedded in a mound of paperwork, especially when the patient is preoccupied with an urgent need for the medical treatment, and has justifiably assumed his policy addresses and adequately covers all costs of the treatment. A chance to subsequently invoke “mediation” does little to protect the typical elderly patient from the harsh impacts of Balance Billing; and
WHEREAS, Texas laws not only fail to prohibit or adequately discourage the practice of Balance Billing, but some of the current laws facilitate the practice; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to simply ban “balance billing” by non-network providers as several other states have done, or, at least, control to some reasonable degree this financial trap within our medical care system that is ensnaring too many citizens, especially Texas’ senior citizens.
PASSED AND APPROVED on September 14, 2010, by the State Affairs Committee.
Homer W. Lear, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary
59 By: Jane Blay, Jerry Stamps, Don Avery, Bettye Green No. R49
Committee: Rural - Urban
RESOLUTION
Declare Texas Brain Health Awareness Day - 2nd Thursday of November
A RESOLUTION TO: Create an awareness of Brain Health issues and to emphasize the need for continued neurodegenerative disease research conducted in Texas.
WHEREAS, Currently 5.3 million Americans are living with Alzheimer’s disease (AD) with a medical care cost of $172 billion annually. AD remains the seventh leading cause of death and with a rapidly aging population, this disease will continue to impact more lives. From 2000 to 2006, Alzheimer’s deaths increased 46.1 percent and it is projected to increase by 74 percent by 2025. In Texas, the number of people affected by this disease is estimated to be 340,000. Also in Texas an estimated 852,820 caregivers annually provide 971.2 million hours of uncompensated care, valued at $11.2 Billion for loved ones affected by the disease. The emotional and financial burdens on both ours and our children’s generations are enormous; and
WHEREAS, In 1999, the 76th Texas Legislature enacted Chapter 154, Texas Education Code, mandating that the Texas Council of Alzheimer’s Disease and Related Disorders establish the Texas Alzheimer’s Research Consortium (TARC) comprising five major medical research institutions: Baylor College of Medicine, Texas Tech University Health Sciences Center, University of Texas Southwestern Medical Center, University of North Texas Health Sciences Center and University of Texas Health Sciences Center-San Antonio. The TARC has recruited more than 1,000 volunteers from across Texas to participate in cutting-edge research to isolate and identify genetic factors associated with the onset of AD and biological markers that impact the development and progression of AD in multi-ethnicities across rural and urban communities; and
WHEREAS, AD is an irreversible and progressive brain disorder that currently has no cure. Symptoms usually appear after age 60, but scientists now believe damage to the brain may begin decades earlier through bad diet, stress, and a lack of physical and mental stimulation. By eating a healthy and balanced diet, exercising moderately, and keeping the brain active through stimulations and social interaction, the brain may remain healthy and delay the onset of developing neurodegenerative diseases of aging; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature encourages and strongly recommends that the 82nd Texas Legislature declare the Second Thursday of November each year as “Texas Brain Health Awareness Day”.
PASSED AND APPROVED on September 14, 2010, by the Rural-Urban Affairs Committee.
Patricia Dorrough, Acting Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary 60 By: Bettye Green, Don Avery, Jane Blay, Jerry Stamps No. R50
Committee: Rural - Urban
RESOLUTION
Support the Rural Health Study, Project FRONTIER, and Encourage People to Become Part of These Studies
A RESOLUTION TO: Create awareness of diseases that rob the mind in the rural population, support rural health studies, particularly Project FRONTIER, and encourage people to become part of these studies.
WHEREAS, According to statistics provided by Texas Tech University Health Science Center, Texas has the largest rural population of any state within the United States, yet there is minimal research devoted towards understanding how diseases develop, rob the mind, and progress among this segment of the population; and
WHEREAS, The percentage of elders living in rural locations is higher than that of urban areas in Texas, and this trend is growing. It is important that there be an understanding of this phenomenon if health care providers serving rural Texans are going to be able to provide up-to- date medical care; and
WHEREAS, Rural regions have very different environmental exposures than urban locations and these differences may lead to different pathways for cognitive loss associated with aging; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to support the rural health study created by Texas Tech University Health Sciences Center, Project FRONTIER, as well as other rural elder studies to be developed and to encourage people to become part of these studies so that the medical profession can get a handle on why so many elders lose their mental functioning with advanced age.
PASSED AND APPROVED on September 14, 2010, by the Rural-Urban Affairs Committee.
Patricia Dorrough, Acting Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
61 By: Jim Endicott No. R51
Committee: Retirement & Aging
RESOLUTION
Provide Property Tax Relief for Surviving Spouses of Disabled Veterans
A RESOLUTION TO: Provide Property Tax Relief to Surviving Spouses of 100% disabled or unemployable Veterans.
WHEREAS, In 2007, the citizens of Texas voted 86% to grant property tax relief to certain disabled Veterans who are rated by the U. S. Department of Veterans Affairs as 100% disabled because of their military-service-connected disabilities or their unemployability; and
WHEREAS, The 81st Texas Legislature passed HB 3613 which provided total tax relief of property taxes for 100% disabled or unemployable Veterans; and
WHEREAS, No relief from property taxes was provided for surviving spouses of said Veterans, many of whom are senior Texans as well; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to provide that surviving spouses of 100% disabled or unemployable Veterans will continue to receive total property tax relief, as long as they live in the homestead property in which they resided with the Veteran at the time of his or her death, until such time as the death of the surviving spouse or the sale of the property, whichever comes first.
PASSED AND APPROVED on September 14, 2010, by the Retirement and Aging Committee.
C. Bruce Davis, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
62 By: Jim Endicott No. R52
Committee: Human Services
RESOLUTION
Provide For Safe Disposal of Pharmaceutical Medications
A RESOLUTION TO: Provide for safe disposal of pharmaceutical medications and protect privacy of pharmaceutical patients.
WHEREAS, In 2009, the 81st Texas Legislature passed SB 1757 to require a study of a means of safely disposing of pharmaceutical medications in Texas; and
WHEREAS, Many senior Texans use pharmaceutical medications and have no safe means to dispose of outdated medications or to provide protection for private medical information that is contained on containers which contain pharmaceutical medications; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to provide for a safe means to dispose of pharmaceutical medications and their dispensing containers.
PASSED AND APPROVED on September 14, 2010, by the Human Services Committee.
Adalaide Balaban, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary
63 By: Jim Endicott No. R53
Committee: Education
RESOLUTION
Increase the Number of Graduate Medical Education Opportunities to Graduates of Texas and Other Medical Schools
A RESOLUTION TO: Create More Graduate Medical Education Opportunities for Residencies and Fellowships in Texas.
WHEREAS, There are more Texas medical school graduates who earn the degree M.D. or D.O. than there are graduate medical education opportunities in Texas; and
WHEREAS, Funding formulas at the federal and state level do not adequately fund graduate medical education programs; and
WHEREAS, Texas medical school graduates who must leave Texas for graduate medical education are likely not to return to Texas to practice medicine; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to increase the number of graduate medical education opportunities to graduates of Texas medical schools and graduates of other medical schools consistent with the medical needs of Texas citizens.
PASSED AND APPROVED on September 14, 2010, by the Education Committee.
Lynn Crisp, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
64 By: Oscar Garcia No. R54
Committee: State Affairs
RESOLUTION
Prohibit Limiting of Administrative Advocacy by Area Agencies on Aging Benefit Counselors
A RESOLUTION TO: Assure advocacy for older Texans.
WHEREAS, The Area Agencies on Aging (AAA) of Texas receive funds as a result of appropriations, to the United States Administration on Aging (AoA) for services under Title III-B of the Older Americans Act and to the federal Centers for Medicare and Medicaid Services (CMS), which are used to provide administrative advocacy by staff and volunteer benefits counselors to older Texans; and
WHEREAS, Neither the AoA nor the CMS limit the availability of administrative advocacy services for older Texans by AAAs because advocacy by that agency is needed as a state or federal agency; and
WHEREAS, Older Texans often do not have any other source of administrative advocacy other than the Benefits Counselors of the AAA in their area; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature recommends and strongly advises that the 82nd Texas Legislature enact into law a prohibition against any state agency limiting administrative advocacy by AAA Benefits Counselors whose services are funded as a result of appropriations to the United States Administration on Aging or to the federal Centers for Medicare and Medicaid Services.
PASSED AND APPROVED on September 14, 2010, by the State Affairs Committee.
Homer W. Lear, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
65 By: John P. Giovannini No. R55
Committee: Utilities & Natural Resources
RESOLUTION
Re-regulate All Retail Electricity Generated in Texas and Limit Electric Rates
A RESOLUTION TO: Restore full regulation of rates by all electric providers.
WHEREAS, Texas was the first state in the nation to completely de-regulate the rates charged by retail electric service providers; and
WHEREAS, Citizens of Texas now pay the highest rates per kilowatt hour of any state in the United States; and
WHEREAS, The rates are so burdensome that Senior Citizens are risking their health and safety by not using air-conditioning and heating or not purchasing medicine and food or foregoing other expenses of daily living in order to pay these rates; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to restore full regulation of all retail electricity generated in Texas and limit the rate per Kilowatt hour charged in Texas to no more than the average rate per kilowatt hour of all regulated electric retailers in the United states.
PASSED AND APPROVED on September 14, 2010, by the Utilities and Natural Resources Committee.
James Ted Hubert, Acting Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary
66 By: Pat J. Porter No. R56
Committee: Utilities & Natural Resources
RESOLUTION
To Protect the Water Rights of Senior Rural Residents
A RESOLUTION TO: Protect the water rights of senior rural residents.
WHEREAS, According to the Texas Water Development Board (TWDB), during the next half century the urban use of groundwater in Texas will grow to exceed irrigation use. Cities will increasingly draw upon groundwater as their populations outpace rural growth. The TWDB also expects available groundwater supplies to decline during that same period by 32 percent; and
WHEREAS, Forty districts were formed during the 45 years following the passage of legislation that enabled the creation of groundwater conservation districts. Then, in 1997, Senate Bill 1 passed, spurring district creation which is the preferred method of groundwater management. During the past 12 years, 58 new districts have been created. Many of these are now multi- county districts, illustrating a recent legislative trend to favor regional water planning. The information compiled by districts through this coordinated effort will in turn inform regional water planning and be rolled into the state water plan developed by the TWDB; and
WHEREAS, When determining desired future conditions, each district must study the best way to balance its particular groundwater needs with the need to protect their aquifer. Districts are required to work together within their particular Groundwater Management Area (GMA) to determine the desired future condition of their shared aquifer; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to protect the water rights of senior rural residents, and assure “right of capture” to senior rural residents.
PASSED AND APPROVED on September 14, 2010, by the Utilities and Natural Resources Committee.
James Ted Hubert, Acting Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary 67 By: Nancy A. Byler No. R57
Committee: Education
RESOLUTION
Continue to Support Defined Benefit Plan for Retired School Employees
A RESOLUTION TO: Continue to uphold the Texas Constitution, by keeping in effect the Defined Benefits Plan for all public school retirees.
WHEREAS, This plan established in the 1936 Texas Constitution states, “No Teacher Retirement System retiree would ever receive an annuity check lower than the first one received; and that it would remain so until the retiree’s or designated beneficiary’s death; this annuity being based on age at retirement, years of service, and highest salary.” And, The Defined Benefit Plan states that a retiree’s benefits are based on their age at retirement, years of service, and highest salaries – not on the balance in the individual’s account; and
WHEREAS, Elected officials must realize that the alternative plan being discussed – Defined Contribution Plan – will force many public school employees to work longer than they planned, does not allow for any beneficiary coverage, no insurance plan available, and many schools do not participate in Social Security, therefore; there will be many older Texans with no insurance nor monthly income after their account is depleted; and
WHEREAS, Most retirees from the Teacher Retirement System of Texas did not make large sums of money during their working careers, but did it for the love of the youth of Texas; therefore should not be penalized for choosing rewarding work rather than for monetary gain; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to go on record as supporting the continuation of The Defined Benefits Plan for all Teacher Retirement System retirees.
PASSED AND APPROVED on September 14, 2010, by the Education Committee.
Lynn Crisp, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST
Pat J. Porter, Secretary 68 By: Jetta Roberts, Carlos Higgins, C. Bruce Davis No. R58
Committee: Retirement & Aging
RESOLUTION
Preserve $60 per Month as the Minimum Level for the Personal Needs Allowance and Provide for Annual Increases to Match the Rate of Inflation
A RESOLUTION TO: Preserve $60 per month as the minimum level for the Personal Needs Allowance and provide for annual Increases to match the rate of inflation.
WHEREAS: Texas law previously established the personal needs allowance would be not less than $60 (sixty dollars) a month for a Medicaid resident of a nursing home and this amount should not be reduced, but rather it should be increased each year to at least keep up with the rate of inflation; and
WHEREAS, Among the financial casualties of the 2003 budget crunch, Medicaid nursing home residents, one of the most vulnerable segments of Texas citizens, absorbed a 25 % cut in their personal Needs Allowance – a percentage cut that was substantially more than cuts suffered by other segments of the population; and
WHEREAS, Even though in 2005 the Legislative Budget Board approved funding to restore the personal needs allowance to $60, inflation continues to erode the adequacy of this meager allowance, and that, considered together with the disproportionate sacrifice made by this segment for two years, suggests that they should not be required to again bear the brunt of cuts in the 2011 budget crunch; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to reaffirm at the beginning of the 2011 Legislative Session that $60 per month is the statutory minimum level for the Personal Needs Allowance, and provide annual inflationary increases.
PASSED AND APPROVED on September 14, 2010, by the Retirement and Aging Committee.
C. Bruce Davis, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
69 By: Maurine Gross No. R59
Committee: Health & Human Resources
RESOLUTION
Expand Enrollment Dates for Medicare Part D
A RESOLUTION TO: Change open enrollment dates for Medicare Part D.
WHEREAS, Medicare Part D open enrollment dates are presently from Nov. 15th to Dec. 31st, with all of the holidays in the months of November and December including weekends – this means that there are only 30 working days in order to enroll Texas Seniors who have Medicare in a new drug prescription plan; and
WHEREAS, There are 2.6 million seniors enrolled in Medicare in Texas and there are a small percentage of trained benefits counselors and trained volunteers to assist seniors in enrolling in a “best plan” (in one area of Texas less than 3% of seniors received assistance); and
WHEREAS, If a Medicare recipient contacts a benefits counselor near the end of December for assistance, then they will not receive their new medication card in time to get their prescriptions until February of the following year and will be out of their crucial medications; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature strongly recommends that the 82nd Texas Legislature urges the Centers for Medicare and Medicaid Services (CMS) to expand the open enrollment period to begin Nov. 1st instead of Nov. 15th in order to allow more senior Medicare recipients to have time to change their prescription drug plans to a “best plan”.
PASSED AND APPROVED on September 14, 2010, by the Health and Human Resources Committee.
Sandra Graham, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary 70 By: Carlos Higgins, Albert Campbell, Homer Lear, No. R60 Linda Parrish, Oscar Garcia
Committee: State Affairs
RESOLUTION
Permit Establishment of Casinos in Texas by Local Option Elections
A RESOLUTION TO: Allow, through local option elections, the establishment of well regulated casinos with a portion of casino revenue dedicated to local programs that increase the health and well-being of disabled citizens, senior citizens and children; and
WHEREAS, Texas operates a lottery and permits betting on horse and dog racing while seventy million (70,000,000) trips are made by Texans to Louisiana, Oklahoma, and New Mexico each year for the purpose of patronizing casinos, with the largest percentage being seniors; and
WHEREAS, Well regulated casinos in Texas would allow for greater travel safety and entertainment for all seniors, supplement state and local income, provide employment and bring tourists from other states; and
WHEREAS, Voters, through local option elections should decide knowing that there will be adequate oversight and that law enforcement costs will be paid through casino taxes and enforcement fees; now, therefore, be it
RESOLVED, That the 13thTexas Silver-Haired Legislature recommends that the 82nd Texas Legislature enact legislation allowing the establishment of casinos by local option elections.
PASSED AND APPROVED on September 14, 2010, by the State Affairs committee.
Homer W. Lear, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary
71 By: Homer Lear No. R61
Committee: Human Services
RESOLUTION
Establish and Fund Grandparents as Caregivers Program
A RESOLUTION TO: Authorize Grandparents as Caregivers Program with Funding
WHEREAS, Society and the demands and needs of the members of society changed between the time a person raises a child and the time the same person raises a grandchild, and the relationship between a child and parent differs from the relationship between a child and a grandparent, and
WHEREAS, Caring for a grandchild often places additional financial, social and psychological strain on grandparents on a fixed income; and
WHEREAS, Grandparents acting as a caregiver need a support structure, including counseling for both the grandparent and grandchild, respite care, transportation assistance and child care, and grandparents are often unaware of medical and other assistance including cash assistance for which they may be eligible; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature encourages and strongly recommends that the 82nd Texas Legislature establish and fund a Grandparent as Caregivers Program supporting the grandparent who has legal custody of the grandchild, who is at least 50 years old, and who has a household income of less than 130 percent of the federal poverty level, with maximum support of $200 per month for each grandchild up to $600 for three.
PASSED AND APPROVED on September 13, 2010, by the Human Services Committee.
Adalaide Balaban, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary
72 By: Chris Kyker, C. Bruce Davis No. R62
Committee: Insurance
RESOLUTION
Expand Area Agency on Aging Benefits Counseling Program to Divert Boomers from Medicaid
A RESOLUTION TO: Expand benefits counseling through the 28 Area Agencies on Aging (AAA) to target the state’s 5.7 million Boomers to counsel on long-term services and supports and divert this population from Medicaid or institutionalization.
WHEREAS, The benefits counseling programs are restricted to persons over the age of 60, or younger persons who have Medicaid due to a disability; excluded, however, from benefits counseling services are Boomers under 60, without disabilities, who are the most critical population in efforts to reduce future Medicaid outlays; and
WHEREAS, In order to stem the rising tide of Medicaid expenditures, an enhanced benefits counseling program would provide education, future planning and options counseling on long- term care and supports as an essential component of integrated access and assistance to divert residents from the Medicaid program, delay entry into Medicaid, and emphasize on less costly community services; and
WHEREAS, The projected cost savings of diverting 100 Texans from Medicaid funded community-based alternatives (CBA) or nursing homes would result in $5.88 million cost savings per annum; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to appropriate $3.5 million to establish enhanced benefits counseling programs in each of the State’s 28 area agencies on aging by adding one full-time staff member to each of the AAA’s benefits counseling program to focus on outreach to and education of Boomers on future long- term services and supports and to partner with AAA care coordinators to help consumers in immediate need of long-term services to identify non-Medicaid sources of assistance.
PASSED AND APPROVED on September 14, 2010, by the Insurance Committee.
A.G. “Pete” Hinojosa, Sr., Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary 73 By: Homer Lear, Carlos Higgins No. R63
Committee: Retirement & Aging
RESOLUTION
Allow State Retirees to Make Contributions to an Advocacy Organization Through Deductions from State Retirement Checks
A RESOLUTION TO: Accommodate state retirees who want to contribute to a non-profit, non- partisan organization acting on behalf of Texas senior citizens, such as the Texas Silver- Haired Legislature, by amending the state law that allows state retirees to have their membership fees in organizations deducted from their retirement checks, and expand that law to allow deductions for their voluntary contributions to qualifying senior-citizen advocacy groups.
WHEREAS, The Texas Silver-Haired Legislature (TSHL) is a non-profit and non-partisan group that has for 25 years advocated on behalf of Texas’ senior citizens – including state retirees; and
WHEREAS, While other state Legislatures (e.g. California and Massachusetts) have funded their senior citizen advocacy groups, Texas opted to endorse and support the creation and advocacy efforts of the TSHL, but without any state funding, with the result that the TSHL must primarily rely on recruiting as members affluent seniors who can cover expenses a member must pay from his or her pocket in order to serve; and
WHEREAS, The TSHL is recommending that the State make it convenient for state retirees to have contributions deducted from their state retirement pay to support efforts of the TSHL to advocate on their behalf; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature recommends the 82nd Texas Legislature to amend Title 8, Chapter 814 of the Government Code to include this provision: Deduction from Annuity. To allow a state retiree to authorize the retirement system to deduct from his or her monthly retirement pay a contribution to an advocacy group for senior citizens, with the stipulation that the advocacy group must be a non-partisan and non-profit organization that: 1. has been named by Resolution of the Texas Legislature to bring recommendations for changes on behalf of seniors to the Texas Legislature for consideration, and 2. has advocated on behalf of senior citizens for at least ten regular sessions of the Texas Legislature, and 3. is prepared to accept contributions that are deductible under IRS rules and to fully account for those contributions in accordance with 501(c)3 requirements.
PASSED AND APPROVED on September 14, 2010, by the Retirement & Aging Committee.
C. Bruce Davis, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary 74 By: C. Bruce Davis No. R64
Committee: Criminal Justice
RESOLUTION
Amend Family Code to Guarantee Grandparents Right to Court-Ordered Financial Support
A RESOLUTION TO: Establish in Texas Law the right of grandparents to receive all benefits of support that have been ordered by the court for the support of grandchildren they are raising.
Whereas, There are 600,000 children in Texas being raised by others (other than their biological parents)—mostly being raised by grandparents, and in many cases, the courts have ordered the biological parents to pay child support to the person raising their children; and
Whereas, Many grandparents are financially strained trying to survive on a fixed income, and at the same time provide needed financial support for grandchildren in the house. Often the grandparents do not receive the child support that is court-ordered; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to amend the Family Code to ensure the recipients of court-ordered child support provide those funds to grandparents who are paying for the daily support of their grandchildren.
PASSED AND APPROVED on September 14, 2010, by the Criminal Justice Committee.
William J. Bugelholl, Acting Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
75 By: Linda Parrish No. R65
Committee: Retirement & Aging
RESOLUTION
Review and Update Process for State of Texas Deinstitutionalization
A RESOLUTION TO: Revisit the review process of State Supported Living Centers (SSLC) for the purpose of continuing the deinstitutionalization process that successfully began in 1995.
WHEREAS, The population residing in state institutions is aging and diminishing, with fewer families choosing this living option for their family members; at the same time the costs of institutionalization are increasing -- currently estimated to be $150,000 annually per person; and
WHEREAS, The State of Texas has recently received numerous reports from the Department of Justice, among others, citing safety violations targeting the residents; and
WHEREAS, The State of Texas has a successful model, House Bill 7 which was passed by the 72nd Texas Legislative, which resulted in the successful closure of two institutions saving the taxpayers millions of dollars and successfully placing residents in communities or other Centers; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to pass legislation similar to HB 7 of the 72nd Legislature, that created an independent “Facilities Review Task Force” with the purpose of determining the feasibility and future of the State’s State Supported Living Centers.
PASSED AND APPROVED on September 14, 2010, by the Retirement & Aging Committee.
C. Bruce Davis, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
76 By: Linda Parrish, Albert Campbell No. R66
Committee: State Affairs
RESOLUTION
Increase Tax Deduction for Volunteers
A RESOLUTION TO: Increase the tax deduction for volunteers using their personal vehicles for charitable activities including home-delivered meals service providers.
WHEREAS, Many of Texas and National local home delivered meals service organizations and other charitable groups have reduced services to needy clients because of losing volunteers due to an inadequate 14 cent allowable tax deduction per mile which has not been raised for more than 10 years; and
WHEREAS, Tax deductions for moving, medical and business expenses are as much as 50 cents per mile; and
WHEREAS, Home delivered meals are often the only food and visitation that many seniors receive, and other volunteer organizations provide various services to the elderly and needy on a daily basis; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to adopt a resolution encouraging the Federal Government to increase the tax deductions for volunteers using personal vehicles for charitable activities to levels closer to actual costs.
PASSED AND APPROVED on September 14, 2010, by the State Affairs Committee.
Homer W. Lear, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary
77 By: Carlos Higgins No. R67
Committee: Human Services
RESOLUTION
Mechanism to Restore Funding Resulting from Budget Cuts in Vital Human-Needs Programs
A RESOLUTION TO: Establish a mid-course-correction mechanism in Texas’ biennium budget whereby budget cuts in basic human-needs programs may be restored when those cuts are made in anticipation of predicted revenue shortfalls, but the economy then recovers to the point that actual revenue is sufficient to restore funding that was cut.
WHEREAS, Texas’ budget for the coming biennium is necessarily based upon revenue predictions during the next three years, but those predictions may turn out to be accurate or they may just as well turn out to be wide of the mark; and
WHEREAS, No matter how accurate (or inaccurate) the budget predictions turn out to be, the Legislature must rely on the best predictions available to adopt a conservative budget that stays within the state’s anticipated means, and they must do that now, in advance of the biennium, even though it means they have to make substantial and painful cuts in some of the state’s most basic human-needs programs; and
WHEREAS, Even though a year from now the state’s actual revenue may greatly exceed the predicted revenue, there is no mechanism, short of a called special session, that will allow for the state’s leadership to restore funding in human-needs programs - funding that would never have been cut but for the grim revenue predictions; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature recommends that the 82nd Texas Legislature establish a mechanism at the outset of this Legislative Session in which any cuts in vital human-needs program funding are prioritized for possible restoration of all or a portion of the funding, and authorization is given to the Governor, Lt. Governor and Speaker of the House to jointly restore funding in accordance with those priorities, if and when the Comptroller announces that the state’s actual current revenue and revenue then predicted for the remainder of the biennium is sufficient to allow the prior funding levels to be partially or fully restored.
PASSED AND APPROVED on September 14, 2010, by the Human Services Committee.
Adalaide Balaban, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary 78 By: Carlos Higgins No. R68
Committee: Retirement & Aging
RESOLUTION
Local Option Election to Offer Deductions Against Property Taxes Equivalent to Deductions Against Income Taxes
A RESOLUTION TO: Allow County voters, in a local option election, to reduce their County property taxes for contributions made to non-profit charities and advocacy organizations.
WHEREAS, Many states rely on state income taxes for revenue while Texas relies heavily on property taxes, consequently people building extremely expensive estates are more likely to build them in other states where property taxes are lower, and the people who live in those states tend to conduct their businesses and make their charitable contributions within that state; and
WHEREAS, Choosing a state with lower property taxes probably means your state income taxes, which can be reduced by charitable deductions to offset the income taxes, but Texas offers no comparable deduction for charitable contributions against its property taxes; and
WHEREAS, By offering deductions against property taxes comparable to deductions against state income taxes, a County could encourage people to construct expensive estates, thereby increasing local jobs to build and maintain the estates; it could increase financial support for a variety of local civic and human needs programs through the deductible contributions; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature recommends that the 82nd Texas Legislature establish, through a state-wide election, whether citizens of any County in a local option election may allow homeowners in that County to claim deductions against property taxes for charitable contributions, and that deductions against property taxes may be taken only for contributions to 501(c)3 organizations within the state and/or county, and only under a tax plan that protects taxing authorities against a resulting reduction in current property tax revenue.
PASSED AND APPROVED on September 14, 2010, by the Retirement and Aging Committee.
C. Bruce Davis, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
79 By: Carlos Higgins No. R69 Committee: Criminal Justice
RESOLUTION
Allow Physicians to Prescribe Marijuana for Medical Purposes
A RESOLUTION TO: Effectively and economically reduce suffering among elderly patients with debilitating and painful diseases and conditions, by allowing licensed physicians to prescribe marijuana in appropriate, controlled circumstances without being subjected to criminal charges.
WHEREAS, Many elderly patients with terminal or debilitating illnesses, such as chemotherapy-related nausea and vomiting resulting from cancer treatments, could benefit greatly from the medical use of marijuana under their health professionals’ care; and
WHEREAS, In a report by the Institute of Medicine, made available by the National Conference of State Legislatures (NCSL) [http://www.ncsl.org/default.aspx?tabid=19587], these questions were explored: Can marijuana relieve health problems? Is it safe for medical use? And the answers, while cautious, indicate this: For many conditions in many patients, marijuana can and does offer relief. There are some adverse side affects present.(As true of other medications given for pain) More clinical study is needed to determine the extent of benefit v. adverse side effects. Straightforward questions about the use of marijuana for medical purposes is embedded in a web of social concerns that obscures the real state of scientific knowledge, and the TSHL believes the medical use of marijuana as a medication for seniors should be a personal, individual decision, made by appropriate, licensed health care professionals and their patients, and none of these people should be charged with a crime for their possession and use of marijuana for medical purposes; and
WHEREAS, Concerns about the assumed addictive or “gateway to other drug use” potential for marijuana use, as well as concerns for long-term adverse side affects are simply not very relevant to seniors and terminal patients in great pain, and the experience gained in opening up the medical use of marijuana for these patients will advance the state of actual scientific and medical knowledge about its use, and as reported in April of 2010 by the National Conference of State Legislatures, 15 states and the District of Columbia now have laws that, to various degrees, protect physicians and patients from being charged with a crime in connection with the use of marijuana for medical purposes; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature encourages and strongly recommends that the 82nd Texas Legislature enact laws similar to those in effect in other states which allow physicians to prescribe marijuana to alleviate pain for patients suffering from certain debilitating conditions, and which hold physicians and their patients who operate within the limitations of those laws free from criminal charges and prosecution.
PASSED AND APPROVED on September 14, 2010, by the Criminal Justice Committee
William J. Bugelholl, Acting Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary
80 By: Barbara Pope No. R70
Committee: Health & Human Resources
RESOLUTION
Approve an Annual Day to Recognize Rise in HIV/AIDS, Especially in Senior Citizens
A RESOLUTION TO: Request that Texas set aside a day each year to recognize the serious issue of the rise of HIV/AIDS.
WHEREAS, HIV/AIDS is a global health crisis and a constant struggle for many of our families, friends, and neighbors, and we need to underscore the commitment to fight the HIV/AIDS pandemic with educational and awareness programs; and
WHEREAS, HIV/AIDS affects the entire population, and therefore increased education and awareness should be provided to the entire state. Over 60,000 Texans are currently living with HIVS/AIDS, with more than 5,000 newly diagnosed HIV cases and 1,000 AIDS-related deaths in Texas each year; and
WHEREAS, Even though early testing is critical to preventing further spread of the disease and to getting life-saving medication and treatment, Texan seniors are getting tested too late. One in three Texans newly diagnosed with HIV, particularly older people who are newly diagnosed, have already progressed to AIDS. Older people with HIV/AIDS face a double stigma: ageism and infection with a sexually-or-IV-drug transmitted disease; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges and recommends that the 82nd Texas Legislature pass legislation to approve an annual day each year to recognize this health crisis in Texas and commit to fight the AIDS pandemic with increased awareness and education through the State.
PASSED AND APPROVED on September 14, 2010, by the Health and Human Resources Committee.
Sandra Graham, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary
81 By: Oscar Garcia No. R71
Committee: Health & Human Resources
RESOLUTION
Approve Passage of Uniform Adult Guardianship Protective Proceedings Jurisdiction Act
A RESOLUTION TO: Support the passage of the Uniform Adult Guardianship Protective Proceedings Jurisdiction Act (UAGPPJA) to protect incapacitated seniors from extravagant legal costs currently involved in determining the best state to settle a guardianship contest and in transferring guardianships from one state to another to allow incapacitated seniors to live in the state of their choosing and where they will receive the best care.
WHEREAS, Many Seniors live in Texas which is their “home state,” but they own vacation properties or have relatives living in other states which are known as “significant connection states;” and a senior may become incapacitated and need a guardian but may not have a willing or suitable relative to be appointed as guardian in Texas or may have relatives in various states who engage in a guardianship contest involving multiple states which effectively depletes the assets of the incapacitated senior; and
WHEREAS, Currently, an adult guardianship initiated in Texas is not recognized in another state where the adult may need medical treatment and the guardianship cannot be efficiently transferred to other states, nor can a guardianship created in another state be efficiently transferred into Texas; and
WHEREAS, The National Conference of Commissioners for Uniform State Laws has drafted UAGPPJA to address guardianship issues involving problems of multiple jurisdictions, transfers and out-of-state recognition and enforcement of guardianship orders. Passage of UAGPPJA in Texas and other states will resolve these problems by giving Texas courts specific criteria and authority to make these important decisions involving Texas Seniors who are incapacitated as there are twenty (20) other states that have already adopted the Uniform Adult Guardianship Act; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature encourages and strongly recommends that the 82nd Texas Legislature approve the passage of the Uniform Adult Guardianship Protective Proceedings Jurisdiction Act.
PASSED AND APPROVED on September 14, 2010, by the Health and Human Resources Committee.
Sandra Graham, Chairman
PASSED AND APPROVED on September 14, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker ATTEST:
Pat J. Porter, Secretary 82 By: John P. Giovannini No. R72
Committee: Insurance
RESOLUTION
Request the State Insurance Commission to Create a Texas Comprehensive Homeowners Insurance Program Including Flood Coverage
A RESOLUTION TO: Request the Texas Insurance Commission to explore creating a total coverage insurance plan for all persons now required to purchase separate polices for wind, flood and conventional homeowner coverage.
WHEREAS, A home is frequently the most significant asset seniors have; and
WHEREAS, The cost of separate coverage is significantly higher than that usually associated with combined risk coverage; and
WHEREAS, FEMA flood insurance has a maximum insured value of $250,000 which frequently results in being significantly under insured; and the separate insurers frequently attempt to shift the responsibility for indemnification to the other insurers (as happened in Mississippi and Louisiana after Katrina), resulting in long delays or outright denial of claims; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to request the State Insurance Commission to create a Texas comprehensive homeowners insurance program including supplemental flood coverage for homeowners now required to carry separate Texas windstorm and/or FEMA flood insurance in addition to their regular homeowners insurance which excludes wind and water coverage.
PASSED AND APPROVED on September 14, 2010, by the Insurance Committee.
A.G. “Pete” Hinojosa, Sr., Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
83 By: Pat J. Porter No. R73
Committee: Human Services
RESOLUTION
Expand Community-Based Alternatives for Seniors
A RESOLUTION TO: To Fund And Expand Community-Based Alternative (CBA) Services For Seniors.
WHEREAS, According to the Texas Department of Aging and Disability Services Report to the Texas Senate on Finance, 118 nursing facilities closed from 1999 to FY 2010. The number of occupancies in the 1196 nursing facilities in FY 2010 was 86,610 persons, a decrease of 10.6%.
WHEREAS, Of the 65 nursing facilities that closed from 2005-2010,
3 subsequently re-opened 7 were replaced with one or more replacement Medicaid licensed and certified nursing facilities 5 transferred their Medicaid beds to another existing nursing facility. 41 filed applications to construct replacement Medicaid facilities, but the facilities so requested have not yet been licensed and certified. 6 requested to re-open or build a new facility, but the time period expired without action 2 have closed so recently that no owner determination has been made about the Medicaid beds, and 1 did not re-open.
WHEREAS, The population of seniors is growing exponentially and the need for options to nursing facilities will continue to increase in the future; and Community-Based Alternative (CBA) Services cost about a third of what a nursing facility does; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Texas Legislature to fund and expand Community-Based Alternative Services for seniors.
PASSED AND APPROVED on September 14, 2010, by the Human Services Committee.
Adalaide Balaban, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary 84 By: C. Bruce Davis No. R74
Committee: Retirement & Aging
Restore Affordable Housing for the Elderly as a Priority in Texas Department of Housing & Community Affairs Point System
A RESOLUTION TO: Encourage the Texas Department of Housing & Community Affairs (TDHCA) to build more affordable housing for the elderly.
WHEREAS, The Federal Government allocates “Tax Credit Dollars” to assist in the building of affordable housing; and
WHEREAS, The Texas Department of Housing & Community Affairs reviews applications from potential builders of affordable housing in Texas, but has removed from its “point rating system” housing for the elderly as making an application more favorable; and
WHEREAS, This change in the “point rating system” will, most decidedly result in the decrease of housing for the needy elderly; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature urges the 82nd Session of the Texas Legislature to change the Department of Housing & Community Affairs regulations (1) restoring the “elderly” as a priority in their “point rating system,” and (2) adding services like “housekeeping and food” as a priority in their “point rating system,” in order that more affordable housing units will be built for needy seniors.
PASSED AND APPROVED on September 13, 2010, by the Retirement and Aging Committee.
C. Bruce Davis, Chairman
PASSED AND APPROVED on September 15, 2010, by the Texas Silver-Haired Legislature.
Walter C. Graham, Speaker
ATTEST:
Pat J. Porter, Secretary
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The 13th Texas Silver-Haired Legislature Consent Resolutions Table of Contents CR-1 Sponsors of 25th TSHL Anniversary Party CR-2 Senior Day at the Capitol CR-3 Tribute to 12th TSHL Officers CR-4 Texas Silver-Haired Legislature Foundation CR-5 Texas Association of Area Agencies on Aging CR-6 Susan Merrick and AT&T Corporation CR-7 Texas Department of Aging and Disability Services CR-8 Technical Assistants CR-9 The Honorable Rick Perry, Governor of Texas CR-10 The Honorable Deputy Secretary of State, Coby Shorter III CR-11 The Honorable Joe Straus, Speaker of The Texas House of Representatives CR-12 Sergeant at Arms Rod Welsh CR-13 Texas Legislative Committee on Aging CR-14 The Honorable Charlie L. Geren, Chair, House Administration Committee CR-15 Melinda Eppler, Events and Exhibits Coordinator, State Preservation Board CR-16 Ms. Lu Russell, Parliamentarian CR-17 Mr. Doug Mancini and the Capitol Grill Staff CR-18 The Reagan High School Air Force Junior ROTC Honor Guard CR-19 Election of 13th TSHL Officers CR-20 Organization of 13th TSHL Executive Committee CR-21 Organization of 13th TSHL Standing Committees APPENDIX A Executive Committee APPENDIX B Legislative Issues Committees APPENDIX C Administrative Committees APPENDIX D TSHL Schedule 2010-2011
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CONSENT RESOLUTION 1
Tribute to Sponsors of TSHL 25th Anniversary
WHEREAS, The TSHL was established by Texas Senate Concurrent Resolution, Number 37, passed by the 69th Texas Legislature, April 1985, to provide older Texans an opportunity to become more knowledgeable about the legislative process through involvement; and
WHEREAS, 2010 is the 25th Anniversary of TSHL and in recognition of this event, an Anniversary Party was hosted by the TSHL Foundation with sponsors for the guitar drawing, table sponsors, online and silent auction and program printing, to celebrate this Silver Anniversary of the establishment of TSHL; and
WHEREAS, These sponsors, by their sponsorship, have taken the opportunity to assist the activities of the Texas Silver-Haired Legislature both financially and physically through their presence as exhibitors at this special event; now, therefore, be it
RESOLVED, That all members of the 13th Silver-Haired Legislature express our deepest appreciation and gratitude to Bravo Health, AT&T, Jim Hine, Inspiris, Inc., Magellan/NIA, Rob Rodriguez of Access Quality Therapy Service, Superior HealthPlan, Inc, Texas Assisted Living Association, Texas Association for Homes & Services for the Aging, Texas Health Care Association and Minuteman Press for their contributions to the growth of the Texas Silver- Haired Legislature.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 2
Senior Day at the Capitol
WHEREAS, There are more than three million Texans at least sixty years of age and older Texans have given decades of service to build the Texas of today and to prepare the Texas of tomorrow. As grandparents, mentors, teachers, and role models for millions of Texans in younger generations, they continue to instill cherished values in Texas children and grandchildren; and
WHEREAS, These older Texans reflect not only the ethnic, spiritual, and cultural diversity of Texas but also our common bonds which have made Texas a leader in education, industry, agriculture, space exploration, information technology, literature, music, the arts, and sports; and, at great risk to themselves, defended our State and Nation so that democracy could thrive in Texas, our Nation, and globally; and
WHEREAS, It is appropriate that the people of Texas give recognition and thanks for the contributions of older Texans; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature request that the 82nd Texas Legislature proclaim February 8, 2011, as Senior Day in Texas and urge that the contributions and accomplishments of older Texans be celebrated and commemorated with appropriate ceremonies by the people of Texas at the State Capitol.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 3
Tribute to the 12th TSHL Officers
WHEREAS, The continued success of the Texas Silver-Haired Legislature depends, in large part, on the leadership of its officers; and
WHEREAS, Those individuals that serve in an officer position in the Texas Silver-Haired Legislature often go beyond the call of duty to serve the senior citizens of the great state of Texas; and
WHEREAS, The leaders elected for the 12th TSHL were
SPEAKER WALTER C. GRAHAM SPEAKER PRO TEM OSCAR GARCIA DEPUTY SPEAKER PRO TEM BETTY STRECKFUSS SECRETARY PAT J. PORTER COMPTROLLERS MAURICE OSBORN AND KATY KAPPEL
NOW, THEREFORE, BE IT RESOLVED, That all members of the 13th Texas Silver-Haired Legislature hereby pay tribute to the officers of the 12th Texas Silver-Haired Legislature and express our appreciation and gratitude for their commitment and dedication in providing able leadership during their terms of office and being key advocates for older Texans.
PASSED AND APPROVED on September 14, 2010, by the 13thTexas Silver-Haired Legislature.
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CONSENT RESOLUTION 4
Appreciation to the Texas Silver-Haired Legislature Foundation
WHEREAS, The Texas Silver-Haired Legislature Foundation was established in 1986 to provide educational and training support for the Texas Silver-Haired Legislature; and
WHEREAS, The Texas Silver-Haired Legislature Foundation offers assistance that is most important in realizing our common goals and objectives; and
WHEREAS, During the 12th term of TSHL, the Foundation sponsored fundraising events such as the awards dinner, Esther’s Follies, After Sine Die Luncheon and other ongoing financial and volunteer support of TSHL mission; and
WHEREAS, On September 12, 2010, the TSHL Foundation hosted the 25th anniversary of the Texas Silver-Haired Legislature and fundraising auction to benefit TSHL; now, therefore, be it
RESOLVED, That the members of the 13th Texas Silver-Haired Legislature express our appreciation to the Texas Silver-Haired Legislature Foundation and highly commend its Board and Officers for outstanding efforts, dedication and service since 1986.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 5
Appreciation to the Texas Association of Area Agencies on Aging
WHEREAS, The coordination and continued support of the Texas Silver-Haired Legislature by the Texas Association of Area Agencies on Aging (T4A) in conducting the election of Texas Silver-Haired Legislators from the 28 regions of Texas benefitted the Senior population of Texas; and
WHEREAS, The T4A and Texas Silver-Haired Legislature pre-orientation training conferences conducted in various parts of Texas provided invaluable training opportunities and a resource book of materials for the newly elected and re-elected members of the 12th and 13th Silver- Haired Legislatures; now, therefore, be it
RESOLVED, That the 12th and 13th Texas Silver-Haired Legislatures expresses gratitude to the Texas Association of Area Agencies on Aging and to the individual staff members who have devoted time and effort to support the activities of TSHL elections, pre-orientation training, T4A Resource Workbooks and its encouragement of the Texas Silver-Haired Legislature in carrying out the mission of advocacy for older Texans as authorized by Senate Concurrent Resolution 37 of the 69th Texas Legislature.
PASSED AND APPROVED on September 14, 2010 by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 6
Appreciation to Susan Merrick and AT&T Corporation
WHEREAS, Susan Merrick, Area Manager External Affairs of AT&T, has tirelessly coordinated events and arrangements for meetings of the 12th and 13th Texas Silver-Haired Legislatures and contributed valuable assistance and resources on behalf of the AT&T Corporation for the betterment of endeavors of the Texas Silver-Haired Legislature; and
WHEREAS, Susan Merrick and AT&T have provided facilities, use of equipment, and meeting sites and made arrangements for meals and conference calls between members without cost to TSHL; and
WHEREAS, The assistance provided by Susan Merrick and AT&T has enabled the 12th and 13th Texas Silver-Haired Legislatures to conduct meetings efficiently, comfortably, and in a timely manner; now, therefore, be it
RESOLVED, That the 12th and 13th Texas Silver-Haired Legislatures express gratitude and appreciation for the generous contributions of time and talent by Susan Merrick and AT&T Corporation for the efforts enabling the Texas Silver-Haired Legislature to continue its mission of advocacy for older Texans.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 7
Appreciation to Texas Department of Aging and Disability Services
WHEREAS, The Texas Department of Aging and Disability Services (DADS) has acknowledged the efforts of prior Texas Silver-Haired Legislatures in their tireless advocacy for the seniors of the State of Texas by the presence and support of many DADS representatives in those endeavors; and
WHEREAS, DADS gives generously of time and knowledge to help the TSHL’s Advocacy role through information, references, and provision of meeting sites; and
WHEREAS, The assistance from the Department of Aging and Disability Services and better knowledge of the efforts by the Department enables greater advocacy by the Texas Silver- Haired Legislature, and raises the respect and esteem with which the Texas Silver-Haired Legislature is viewed by State Agencies; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature expresses gratitude and appreciation for the guidance and confidence shown by DADS in its support of the Texas Silver-Haired Legislature in our efforts to carry on the responsible mission of advocacy for older Texans.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 8
Appreciation to Technical Assistants
WHEREAS, The Texas Silver-Haired Legislature appreciates the efforts of the Technical Assistants provided for the 13th Legislative Session; and
WHEREAS, These Technical Assistants gave generously of their time and knowledge to help the TSHL’s Advocacy role by furnishing their abilities in Committees, Operations, and through any other request made to them; and
WHEREAS, The assistance from the Technical Assistants enables greater advocacy by The Texas Silver-Haired Legislature; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature expresses gratitude and appreciation for the technical assistance furnished voluntarily by Becki Skillern, Becky Brindley and Karol Gray who served as Operations Technical Assistants Coordinators; Kendra Peters, Nancy Spaulding, Natalia Portillo, AE Martin, Chris Rodriquez, Amber Murray, Jai Winn, and Peggy Hart as Committee Technical Assistants; and Amanda Guerra, FedEx Office West Lake, for their support of the Texas Silver-Haired Legislature in our efforts to carry on the responsible mission of advocacy for older Texans.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 9
Tribute to The Honorable Rick Perry, Governor of Texas
WHEREAS, The continued success of the State of Texas depends, in large part, on its leadership, and
WHEREAS, Rick Perry, in his role as Governor of this great state, promotes the protection of Texas senior citizens and often goes beyond the call of duty to serve the senior citizens of the great state of Texas; and
WHEREAS, The Governor is responsible for the safety and security of Texas citizens in good weather and bad as when hurricanes have come thru South and Southeast Texas and has carried out his responsibilities with timely action in coordination with local, state, and federal offices; now, therefore, be it
RESOLVED, That all members of the 13th Texas Silver Haired Legislature hereby pay tribute to Rick Perry, the Governor of Texas, for able leadership during the times of distress and times between crises of economics or weather.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 10
Appreciation to The Honorable Deputy Secretary of State, Coby Shorter III
WHEREAS, The Honorable Deputy Secretary of State Coby Shorter III, addressed the Twelfth Texas Silver-Haired Legislature during the Orientation Session on July 8, 2008, and administered the Oath of Office to the existing members of the TSHL; and
WHEREAS, The Honorable Deputy Secretary of State, Coby Shorter III prepared and delivered the State of Texas official Commission to members of the Twelfth Texas Silver-Haired Legislature; and he has administered the Oath of Office and Commission to seven new members of the 13th TSHL; now, therefore, be it
RESOLVED, That all members of the 13th Texas Silver-Haired Legislature express our deepest appreciation and gratitude to The Honorable Deputy Secretary of State Coby Shorter III, for administering the oath and presenting the Commission to all members, and for his words of encouragement to the 13th Texas Silver-Haired Legislature.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 11
Appreciation to The Honorable Joe Straus, Speaker of The Texas House of Representatives
WHEREAS, The ultimate goals and objectives of this organization on behalf of Texas seniors are in concert with the intent of the Texas Legislature and can best be met through effective communications and cooperation with the Texas Legislature and its Speaker; and
WHEREAS, The Honorable Joe Straus, Speaker, Texas House of Representatives, continues to support and encourage the Texas Silver-Haired Legislature in its deliberations and efforts on behalf of Texas senior citizens; now, therefore, be it
RESOLVED, That all members of the Twelfth Silver-Haired Legislature wish to express our deepest appreciation and gratitude to Speaker Joe Straus for his encouragement and for his cooperation in sharing the House meeting rooms with the 13th Texas Silver-Haired Legislature during its Legislative Sessions, September 13-16, 2010.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 12
Appreciation to Rod Welsh, House Sergeant At Arms
WHEREAS, Rod Welsh, Sergeant At Arms for the Texas House of Representatives, provided timely and efficient services and support to the 13th Texas Silver-Haired Legislature during its Legislative Session, and
WHEREAS, The Texas Silver-Haired Legislature was enabled to conduct its sessions more effectively and productively as a result of the support provided by Rod Welsh and his staff; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature expresses its deep and respectful gratitude to Rod Welsh, House Sergeant At Arms, and to his staff, for the help and cooperation given so readily and efficiently to the Texas Silver-Haired Legislature leading up to and during the TSHL’s use of the House meeting rooms for the conduct of its Legislative session in 2010.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 13
Appreciation to Texas Legislative Committee on Aging
WHEREAS, The 81st Texas Legislature passed House Bill 610, authored by Representative Elliott Naishtat and sponsored by Senator Leticia Van de Putte, to establish the Texas Legislative Committee on Aging to 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 make recommendations to address those issues; and
WHEREAS, HB 610 was the first priority of the 12th Texas Silver-Haired Legislature with strong support of Texas Senior Advocacy Coalition, Texas Conference on Aging and other advocacy groups; and
WHEREAS, Committee members were appointed by Governor Rick Perry, Speaker Joe Straus, and Lieutenant Governor David Dewhurst; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature expresses its appreciation for the leadership, vision of the Texas Legislature and Governor Perry, and to the founding committee members: Senator Eddie Lucio, Jr., Chair; Senator Joan Huffman, J.D.; Representative Elliott Naishtat, J.D.; Representative Susan King, R.N.; Betty Streckfuss, R.N; and Homer Lear, Colonel, U.S. Air Force, Retired.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 14
Appreciation to The Honorable Charlie L. Geren, Chair, House Administration Committee
WHEREEAS, The Honorable Charlie L. Geren as Chair of the House Administration Committee graciously accommodated the needs of the Texas Silver-Haired Legislature during its 13th Legislative Session at the time when the House Chambers were being renovated; and
WHEREAS, The Texas Silver-Haired Legislature wishes to thank Representative Charlie Geren and each member of the House Administration Committee for all the help they provided the Texas Silver-Haired Legislature in arranging for the use of committee rooms and the House Lounge for the TSHL Legislative Session; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature expresses its appreciation and sincere thanks to the Honorable Charlie L. Geren and the House Administration Committee for their generous help and support during the 13th Legislative Session of the Texas Silver-Haired Legislature.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 15
Appreciation to Melinda Eppler, Events & Exhibits Coordinator State Preservation Board
WHEREAS, Melinda Eppler, Events and Exhibits Coordinator, State Preservation Board, provided timely and efficient services and support to the 13th Texas Silver-Haired Legislature to enable TSHL to conduct its legislative session; and
WHEREAS, The House Chambers were being renovated during the 13th TSHL Legislative Session and other facilities in the Capitol were provided; and
WHEREAS, The 13th Texas Silver-Haired Legislature was enabled to conduct its sessions effectively and productively as a result of the support provided by Melinda Eppler; now, therefore, be it
RESOLVED, That the 13th Texas Silver-Haired Legislature expresses appreciation to Melinda Eppler, Events and Exhibits Coordinator, State Preservation Board, for the help and cooperation given so readily to enable the Texas Silver-Haired Legislature to use the Capitol Auditorium and Legislative Conference Center to conduct the 13th TSHL Legislative Session in 2010.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 16
Appreciation to Ms. Lu Russell - Parliamentarian
WHEREAS, The Texas Silver-Haired Legislature operates under Bylaws, Rules, and Policy and Procedures enacted by the members; and
WHEREAS, The correct interpretation of these Bylaws, Rules, and Policy and Procedures are essential for effective and productive meetings; and
WHEREAS, It is necessary to have a professional Parliamentarian to interpret these documents; now, therefore, be it
RESOLVED, That the members of the 13th Texas Silver-Haired Legislature express their appreciation to Ms. Lu Russell for her generous donation of time and expertise to the Texas Silver-Haired Legislature.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 17
Honoring Mr. Doug Mancini and the Capitol Grill Staff
WHEREAS, Mr. Doug Mancini, Manager of the Capitol Grill, graciously accommodated the needs of the Texas Silver-Haired Legislature during its 13th Legislative Session in the Capitol; and
WHEREAS, Mr. Mancini arranged to furnish special pricing and accommodation for the many members of the Texas Silver-Haired Legislature; now, therefore, be it
RESOLVED: That the 13th Texas Silver-Haired Legislature expresses its appreciation and sincere thanks to Mr. Doug Mancini and his staff for their generous help and support during the 13th Legislative Session of the Texas Silver-Haired Legislature.
PASSED AND APPROVED September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 18
Appreciation to Leonard F. Temoney, Lt Col (Ret) and the John H. Reagan High School Air Force Junior ROTC Color Guard
WHEREAS, The Texas Silver-Haired Legislature believes in the tradition and respect for our National and State flags and opens each of its meetings with the pledges to the flags of the United States and the State of Texas; and
WHEREAS, The Reagan High School Air Force Junior ROTC under the command of Leonard F. Temoney, Lt. Col (Ret) presented posting of the flags to open the 13th Session of the Texas Silver-Haired Legislature; and
WHEREAS, The Air Force Junior ROTC program is grounded in the Air Force core values of integrity first, service before self, and excellence in all they do; now, therefore, be it
RESOLVED, That the members of the 13th Texas Silver-Haired Legislature express our appreciation to Lt. Col Leonard F. Temoney and members of the John H. Reagan High School Air Force Junior ROTC Color Guard for their moving presentation in tribute to the flags of the United States and the State of Texas and for their commitment to the defense of our beloved country whenever the call comes
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 19
Election of 13th TSHL Officers
WHEREAS, The general body of the 12th Texas Silver Haired Legislature held an election of its officers, and the officers of the 12th Texas Silver Haired Legislature were elected as follows: Speaker, Walter Graham; Speaker Pro Tem, Oscar Garcia; Deputy Speaker Pro Tem, Betty Streckfuss; Secretary, Pat J. Porter; and Comptroller, Maurice Osborn, and
WHEREAS, A change in election cycles necessitated an extension of one year in the terms for the officers and the members of the 12th TSHL; however, during that time, due to health reasons, Maurice Osborn resigned his position as Comptroller and that office was filled by Katy Kappel for the 13th Legislature; and
WHEREAS, All TSHL members recognize that strong leadership is key to the continued success of the Texas Silver Haired Legislature; now, therefore, be it
RESOLVED, That all members of the 13th Silver-Haired Legislature hereby congratulate these officers and wish them great success in carrying out the duties of their respective offices.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 20
Organization of 13th TSHL Executive Committee
WHEREAS, The TSHL Executive Committee is a vital part of the Texas Silver Haired Legislature; and
WHEREAS, The members of the 13th TSHL Executive Committee will be the same as the 12th TSHL Executive Committee because of the extension of one year necessitated by the change in election cycle; now, therefore, be it
RESOLVED, That the Executive Committee of the 13th Texas Silver-Haired Legislature is composed of representatives as shown on Appendix A of this Consent Resolution.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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CONSENT RESOLUTION 21 Organization of 13th TSHL Standing Committees
WHEREAS, The 12th Texas Silver-Haired Legislature constituted certain standing committees for the purpose of researching areas of concern and for receiving public testimony in regard to the issues affecting elderly citizens of Texas, which should be addressed by the Legislature of the State of Texas; and
WHEREAS, The 13th Texas Silver-Haired Legislature has constituted other standing committees for the purpose of planning and conducting the administrative operations within the functional areas as designated by the title; and
WHEREAS, Bylaws and appropriate policies and procedures have been approved and promulgated by the 13th Texas Silver-Haired Legislature that define and fix the limit of the authority and responsibilities of the standing committees; and
WHEREAS, In accordance with the bylaws, and policies and procedures, the governing body met and extended the term of the committees by one year; now, therefore, be it
RESOLVED, That said 13th Texas Silver-Haired Legislature establish the following Legislative Issues Committees and Administrative Committees composed of the legislators as shown on Appendices B and C.
PASSED AND APPROVED on September 14, 2010, by the 13th Texas Silver-Haired Legislature.
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111 112 APPENDIX A The 12TH and 13th Texas Silver-Haired Legislature
2008 - 2011
EXECUTIVE COMMITTEE
OFFICERS
Speaker Walter C. Graham West Central Texas Speaker Pro Tem Oscar Garcia Tarrant County Deputy Speaker Pro Tem Betty Streckfuss Harris County Secretary Pat J. Porter Permian Basin Comptroller Katy Kappel Capital Region
DISTRICT REPRESENTATIVES Jane Blay - South Plains Bobbie Brodnax - Deep East Texas Gerardo “Tito” Camacho - Rio Grande Presley Donaldson - Heart of Texas JoAnn McFarland - Alamo James Ted Hubert - Central Texas Billie Erwin - Coastal Bend Ramon H. Garcia, Jr. - Middle Rio Grande Maurice Osborn North Central Texas Roberto Gutierrez, Sr. - Lower Rio Grande Bobby Southwood - Dallas County Betty Trotter - Panhandle Hazel W. Wright - Texoma William Zermeno - Golden Crescent
LEGISLATIVE ISSUES COMMITTEE CHAIRS Criminal Justice Elsie “Liz” Whiteside East Texas Education Lynn Crisp Houston-Galveston Health & Human Resources Sandra Graham Capital Human Services Adalaide Balaban Southeast Texas Insurance A. G. “Pete” Hinojosa, Sr. Harris County Retirement & Aging C. Bruce Davis West Central Texas Rural – Urban Anne Z. Mazone Brazos Valley State Affairs Homer W. Lear Bexar County Utilities & Natural Resources C. J. “Jim” Brisbin Concho Valley
ADMINISTRATIVE COMMITTEE CHAIRS Communications Charlotte Parks East Texas Election & Credentials Ed Dylla Bexar County Finance John Giovannini Houston-Galveston Operations Joy Lynn Jones Ark-Tex Legislative Action Carlos W. Higgins Capital
113 APPENDIX B
The 12th and 13th TSHL Legislative Issues Committees
HEALTH & HUMAN CRIMINAL JUSTICE EDUCATION RESOURCES Elsie Whiteside C Lynn Crisp C Sandra Graham C William Zermeno VC DeVonne Foutz VC Jetta Roberts VC Delia Oropez S Nancy Byler S Betty Trotter S Boone, Willie Belle Dylla, Ed Bowling, Ruth Bugelholl, Bill Elliott, Charlynne Cantu, Oralia Green, Bettye Gallant, LaNelle Chambers, Lorene Lanier, Jane Johnson, Paula Day, Larry Kiesling, LeeRoy W. Kildahl, Betty Parrish, Linda Lemley, George Pybus, Jerry Meier, Mike
Southwood, Bobby Pope, Barbara Stamps, Jerry
HUMAN SERVICES INSURANCE RETIREMENT & AGING Adelaide Balaban C A G Pete Hinojosa, Sr. C C. Bruce Davis C Chris Kyker VC Stephen Coycault VC Billie Erwin VC Keith Callaway S Lela Foreman S Albert Campbell S Abraham, Alan Vada Baldree Curtis, Johnie Blay, Jane Garcia, Jr., Ramon Greenfield, Burt Giovannini, John Griffin, Doris Marshall, Juretta Gross, Maurine Richards , Claude Trevino, Estella L. Wright, Hazel Watson, Dr. Roy
RURAL - URBAN STATE AFFAIRS UTILITIES & NATURAL RESOURCES Anne Z. Mazone C Homer Lear C Jim Brisbin C Paul Geisel VC Maurice Osborn VC Charlotte Parks VC Robert Osborne S Nell Clark S Jane Nelson S Brodnax, Bobbie Avery, Judge Don Donaldson, Presley Camacho, Tito Endicott, Jim Fitzgerald, Robert T. Dorrough, Patricia Gutierrez, Cecilia Gutierrez, Roberto Helberg, Jane Higgins, Carlos Hubert, Ted James Mayer, Joyce Murray, Bill Jones, Joy Lynn McFarland, JoAnn Sims, Jonell Ragon, Callie Rogers, Brigitte Soliz, Oscar Smith, Robert C. Tyson, Estella
C = Chairman VC = Vice Chairman S = Secretary
114 APPENDIX C
The 12th and 13th TSHL Administrative Committees
ELECTION & COMMUNICATION FINANCE CREDENTIALS Charlotte Parks C Ed Dylla C John Giovannini C Sandra Graham VC Alan Abraham VC Bill Murray VC Robert Fitzgerald S Delia Oropez S Al Campbell S Byler, Nancy Baldree, Vada Brodnax, Bobbie Callaway, Keith Blay, Jane Cantu, Oralia Chambers, Lyn Boone, Willie Belle Donaldson, Presley Coycault, Stephen Brisbin, Jim Dorrough, Patricia Day, Larry Elliott, Charlynne Endicott, Jim Gallant, LaNelle Erwin, Billie Foreman, Lela Garcia, Ramon Helberg, Jane Foutz, Devonne Green, Bettye Lanier, Jane Geisel, Paul Griffin, Doris Meier, Myron Gutierrez, Roberto Gross, Maurine Nelson, Jane Johnson, Paula Gutierrez, Cecilia Osborn, Maurice Kiesling, LeeRoy Kildahl, Betty Sims, Jonell Kyker, Chris Mayer, Joyce Southwood, Bobby Lemley, George Parrish, Linda Stamps, Jerry Pybus, Jerry Rogers, Brigitte Richards, Claude Roberts, Jetta Tyson, Estella OPERATIONS LEGISLATIVE ACTION Watson, Roy
Joy Jones C Carlos Higgins C Katy Kappel VC Paula Johnson VC JoAnn McFarland S Sandra Graham S Avery, Don Balaban, Adalaide Bowling, Ruth Brisbin, Jim Bugelholl, Bill Crisp, Lynn Camacho, Tito Davis, Bruce Clark, Nell Hinojosa, AG Pete Curtis, Johnie Lear, Homer Greenfield, Burton Mazone, Anne Z.. Hubert, Ted James Whiteside, Elsie Marshall, Juretta
Osborne, Robert
Pope, Barbara
Ragon, Callie
Smith, Bob
Soliz, Oscar
Trevino, Estella
Trotter, Betty
Wright, Hazel C = Chairman VC = Vice Chairman S = Secretary Zermeno, William
115
The Texas Silver-Haired Legislature APPENDIX D Schedule of Events 2010 – 2011
Pre-filing of Legislation for the 82nd Legislature November 8, 2010 Austin, TX
14th TSHL candidates file for election January 1, 2011 Statewide
Opening Day 82nd Texas Legislature January 11, 2011 Austin, TX
Distribute 13th TSHL Legislative Report January 14, 2011 Austin, TX
TSHL Foundation Gala February 7, 2011 Austin, TX
Senior Day at the Capitol February 8, 2011 Austin, TX
Filing Deadline for 14th TSHL candidates February 28, 2011 Statewide
Last day for 82nd bill filings March __, 2011 Austin, TX
Post notice of election date March 14-18, 2011 Statewide
14th TSHL election day May 24, 2011 Statewide
Last Day of 82nd Legislature Regular Session May 30, 2011 Austin, TX
Sine Die After Luncheon for Legislators May 31, 2011 Austin, TX
14th TSHL Executive Committee meeting June __, 2011 Austin, TX
14th TSHL membership forms due June 10, 2011 TSHL Secretary1
Last Day for Governor’s signature on bills June 19, 2011 Austin, TX
Deadline to file for 14th TSHL office June 30, 2011 TSHL Secretary1
14th TSHL Orientation begins July 11, 2011 Austin, TX
14th TSHL Executive Committee meets July __, 2011 Austin, TX
14th TSHL General Session begins September __, 2011 Austin, TX
TSHL Executive Committee meets September __, 2011 Austin, TX
TSHL Executive Committee meets December__, 2011 Austin, TX 1Pat Porter, TSHL Secretary, 1651 CR 255, Big Spring, Texas 79720, [email protected]
116 2010 – gratitude gratitude Haired Legislature Haired - your vision, dedication and hard work hard and dedication vision, your for for TSHL dedicates this Legislative Report with Report Legislative this dedicates TSHL The First Texas Silver Texas The First th Making a Difference for 25 Years Years 25 for a Difference Making – The 13 The 1985 1985
117 118
Prepared by
Sandra A. Graham, TSHL Legislative Action Committee Secretary Chris Kyker, TSHL Technology Committee Chair, former Speaker Pat J. Porter, TSHL Secretary
Printed by
Jasper Printing Company A subsidiary of East Texas Support Services, Inc. A 501c-3 non-profit corporation 111 W. Water Street Jasper, Texas 75951 November 2010 Better Texas Through the Ages
www.txshl.org
Contributions to the Texas Silver-Haired Legislature can be made to: Texas Silver-Haired Legislature Foundation A 501c-3 Tax-exempt organization 74-2419398
Send donations to: Mr. Jim Hine, President, P.O. Box 90621, Austin, Texas 78709