Submitted to the Governor of the State of Texas

The Tenth Texas Silver-Haired Legislature

Legislative Report

Submitted to the Governor of the State of Texas, Texas Legislators and the State Unit on Aging As required by Senate Concurrent Resolution #37, 69th Texas Legislature April 3, 1985

September 13-17, 2004 Texas House of Representatives Texas State Capitol Austin, Texas

For additional information regarding any resolutions, please contact your local TSHL representative. See Directory on TSHL website for address at www.TxSHL.org The Texas Silver-Haired Legislature

Chris W. Kyker, Speaker

November 1, 2004

10 th TSHL OFFICERS To: Texas State Officials 2004-2006

CHRIS W. KYKER By authority of the Senate Concurrent Resolution 37, adopted by the 69th Speaker West Central Texas Texas Legislature, April 3, 1985 and signed by the Governor, April 11, 1985, Abilene it is my privilege to transit this report to Governor Rick Perry, Texas CARLOS HIGGINS Legislators and Texas Department on Aging, now known as the Department Speaker Pro Tem Capitol Area of Aging and Disability Services. Austin

CHARLOTTE PARKS The Texas Silver-Haired Legislature held its tenth Legislative Session in the Deputy Speaker Pro Tem Chambers of the Texas House of Representatives, September 13-17, 2004. East Texas Ben Wheeler The group considered 119 resolutions and passed sixty-nine, addressing the issues and concerns of nearly three million older Texans. ALBERT CAMPBELL Secretary Brazos Valley Bryan Of the 69 resolutions which passed, 43 have a direct impact on seniors and 26 resolutions an indirect impact. We also passed 22 consent resolutions BARBARA EFFENBERGER Comptroller expressing appreciation and tribute to individuals and groups who have Alamo made a difference in the lives of older Texans and TSHL. Seguin As authorized by SCR 37, TSHL set the top-ten priorities for both Direct and Support Resolutions. Each one of the 69 resolutions, however, represents a major concern of individual TSHL members and our constituents.

We look forward to the 79th Texas Legislature and working with Texas State officials and their staffs. We offer our assistance in any way that may be helpful in fulfilling our goals for older Texans and our commitment of service to Texas.

Respectfully submitted,

PO Box 5996, Ph. 325-691-0855 Email: [email protected] Abilene, TX 79608

Contents

Transmittal Letter 2 Contents 3 Legislative Authorization SCR 37 4 Purpose of the Legislative Report 5 TSHL History and Goals 5 Index of Direct Resolutions & Top-ten Priorities 6 Direct Resolutions adopted by 10th TSHL 10 Index of Support Resolutions & Top-ten Priorities 53 Support Resolutions adopted by 10th TSHL 55 Index of Consent Resolutions 81  In Tribute 82  Support and Assistance 84  In Appreciation 89 TSHL Officers and Committees 101 Important Dates 2004-2006 111

3 TEXAS LEGISLATIVE AUTHORIZATION TO ESTBLISH 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 support 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

4 THE TENTH TEXAS SILVER-HAIRED LEGISLATURE LEGISLATURE REPORT

A. PURPOSE OF THE LEGISLATIVE REPORT The purpose of this report is to fulfill the TSHL duties and responsibilities authorized in the Senate Concurrent Resolution 37 of the 69th Texas Legislature. The report contains 69 resolutions passed by the 10th TSHL meeting in the House Chambers, September 13-17, 2004. Of the 69 resolutions, 43 have a direct impact on older Texans and 26 have a supportive or indirect impact. The top-ten resolutions of each category are prioritized.

The 10th TSHL Resolutions, priorities and status can be found on the TSHL website at www.TxSHL.org. All resolutions from 1986 can found in the website archives.

B. HISTORY OF TSHL The first Silver-Haired Legislature was organized in 1973 in the state of Missouri and since its inception the concept and implementation of a Silver-Haired Legislature has been adopted in 28 other states. The idea for a Silver-Haired Legislature in Texas was first conceived in 1979. In 1983, legislative priorities of the State Advisory Council on Aging included the establishment of the TSHL. A resolution to establish the TSHL was passed by the Texas Board on Aging in 1984 and the enabling legislation, Senate Concurrent Resolution # 37, was adopted by the 69tth Texas Legislature in 1985.

Planning and implementation responsibilities were completed by a State Steering Committee, the Texas Department on Aging staff, Area Agency on Aging Councils, and hundreds of volunteers throughout the State. The elected TSHL members met for the first time for a training session in July of 1986. The first regular TSHL Session began when the group took the oath of office on September 29, 1986, but the work of the TSHL was just beginning.

During the 10th Session, the Texas Silver-Haired Legislature celebrates its 20th anniversary with a special dinner, to be held February 8, 2005 as part of the ceremonies of the 3 rd Senior Day at the Capitol.

C. GOALS OF TSHL

1. Motivate older citizens to realize that involvement is a primary responsibility of effective leadership. 2. Help older Texans to know that if they are to become a viable political force they must become informed and knowledgeable about the issues facing our community, state, and nation. 3. Develop a forum for older persons to discuss and debate issues concerning not only their own welfare, but also that of others. 4. Educate the TSHL members in their advocacy role so they may continue their involvement in legislative matters in their local communities. 5. Provide a model legislative body in which the TSHL members shall have the opportunity to introduce, discuss, and pass resolutions dealing with major concerns of Texas. 6. Work for the passage of legislative bills which favorably address Resolutions passed by the TSHL, especially those given high priority by the TSHL.

5 6 10th TSHL DIRECT RESOLUTIONS SUMMARY AND TOP-TEN PRIORITIES

The 10th TSHL passed a total of 43 DR resolutions during the Legislative Session, conducted in the House Chambers, State Capitol, September 13-17, 2004. The following chart is a listing of the DR resolutions with a direct impact on older Texans, identified by number, title and resolve statement requesting specific action of the 79th Texas Legislature. The top-ten priorities are ranked in first order. The remaining resolutions are listed in chronological order.

Special Resolution Implementation of Proposition 13-Freeze Senior Homestead Taxes TSHL requests that the 79th Texas Legislature amend Chapter 11.26, paragraph (a) of the Title 1, Property Tax Code, of the Texas Tax Code to replace the phrase "school district" with a new phrase "all taxing entities" and insert any additional paragraph(s) needed to implement the change as directed in Proposition 13, HJR 16 and HB 136 DR # Title and Resolve Statement Rank DR7 Personal Needs Allowance. That the 79th Texas Legislature reinstate the personal needs allowance of $60.00 (Sixty dollars) and be a budget priority in the 79th Legislative Session 1 DR18 Geriatric Training for Medical Professionals. That the 79th Texas Legislature enact a requirement for geriatric training in all medical schools receiving Federal and State funding. 2 DR14 Property Evaluations by Appraisal Districts. That the 79th Texas Legislature enact Legislation to restrict the 10% allowable of appraisal value be reduced to a 3% cap thus 3 allowing revenue beyond the 3% cap to have approval of local voters and an oversight appraisal board of 5 elected officials to be accountable to taxpayers as approved by local voters. DR43 Bed Tax on Nursing Facility Residents. That the 79th Texas Legislature oppose a bed tax on nursing facilities residents in Texas 4 DR31 Expand Area Agencies on Aging Access System. That the 79th Texas Legislature amend HB 2292, 78th Legislature, to expand the infrastructure of the existing 28 Area Agencies on Aging to be inclusive of persons with disabilities and identify the 28 Area 5 Agencies on Aging of Texas as the access and assistance entry point for long-term care services within the Department of Aging and Disability Services. DR24 Registration of Assisted Living Facilities in Texas. That the 79th Texas Legislature require all Assisted Living facilities in operation in the State of Texas that accept monetary compensation for food, shelter and assistance with personal care needs for under four (4) residents, unrelated to the proprietor, be required to self-identify as such by registering every two (2) years with the State of Texas for a fee of fifty ($50.00) dollars, and be subject 6 to inspection and monitoring by the State to protect the rights and safety of the residents. The Department, or any duly appointed board or committee, may establish by rule the administration of the above process, and is to be effective upon becoming law. DR15 Permit Seniors on Medicare to buy 3 Prescriptions per month at Medicaid prices. That the 79th Texas Legislature enact legislation to permit the seniors on Medicare, without 7 drug coverage, be able to buy three prescriptions per month at the same prices that the state pays for prescriptions on their Medicaid program. DR35 Retain Identity of the State Unit on Aging. That the 79th Texas Legislature maintain the identity of the state unit on aging as the viable and visible state advocate for older Texans 8 and preserve the functions within the state unit which have been of vital interest to Texas Legislatures since 1957. DR2 Penalties for Abusing or Neglecting the Elderly. That the 79th Texas Legislature again attempt similar legislation (passed in the 78th Legislature), address abuse and neglect 9 penalties in a separate bill which applies only to the elderly, in order to more likely avoid a veto of the bill for flawed language DR9 Reform Homeowners Insurance. That the 79th Texas Legislature enact legislation to strengthen statutory penalties for insurance companies that overcharge their policyholders; require periodic review of insurance rate to determine if they are unjustified or excessive and if rate reductions are in order; pass an industry-wide cap limiting the effect of credit 10 scoring on homeowners and personal automobile insurance rates at no more than 10%; enact legislation that would prevent stigmatization of real property and individuals when an insurance claim is filed; require disclosure in layman's terms of actual coverage being offered; and prohibit carriers from inserting "right-of-rescission" clauses, except for non- payment of premiums.

7 DR1 Ensure Prompt Reporting Nursing Home Injuries and Deaths. That the 79th Texas Legislature require an additional way for observers to report wrongful or negligent acts causing injuries or death to nursing home residents, and that this means of reporting be well publicized and convenient with an option for a caller to remain anonymous, such as a toll-free number for reports to be routed through an area agency on aging office. DR3 Penalties for Fraud and Abuse. That the 79th Texas Legislature enact legislation that increases the penalties for fraud and that those persons or organizations that prey on seniors by means of fraud will be charged double that penalty. If found guilty, perpetrators will not be permitted to retain any state licenses related to the fraud. DR4 Require Training in Aging Issues for Health Care Professionals. That the 79th Texas Legislature require as a condition of certification or re-certification of health care professionals, training in issues related to the aging. DR5 Educating Seniors on Homeland Security Issues. That the 79th Texas Legislature provide a means to obtain funds to establish programs to educate the 3 million seniors in Texas on Homeland Security issues that affect their well being and in some cases, get them involved in the community. DR6 Require Home-equity Lenders to Report Adverse Effects on Elderly Homeowners. That the 79th Texas Legislature authorizes the Attorney General to require home-equity lenders to report instances of adverse effects of such loans upon elderly homeowners. DR8 Information Guides for Families of the Incarcerated. That the 79th Texas Legislature enact legislation to require local law enforcement and other appropriate local agencies to make this information available to families of the incarcerated. DR10 Prevention of Abuse to Elder Texans. That the 79th Texas Legislature enact legislation requiring elder abuse awareness programs be incorporated into the continuing education programs and training of geriatric professionals and others licenses to provide health care, and that certificates of completion of such training be awarded those who successfully complete such training. DR11 Establish the Practice of Denturism in Texas. That 79th Texas Legislature change the Texas Dental Coe to allow for the practice of Denturism. DR12 Larger Type in Contracts and Printed Advertisement. That the 79th Texas Legislature enact legislation to require that all printed advertisements, displays, publications, mailers, handouts, costs, contracts for items and services for wireless telephones, financial institutions, automotive contracts and warranties, insurance policies, cable and satellite television, and including all contracts and advertisements now issuing illegible print without magnification shall be printed in no smaller than eight point print, Times New Roman or Arial font, or other font that is easily read. DR13 Natural Burial Cemeteries. That the 79th Texas Legislature enact laws that allow green cemeteries to be established and maintained by non-profit entities dedicated to the following: 1. Promoting "natural burial" to allow the return of bodies, including cremations, to be earth quickly and naturally; 2. Protecting the environment and preserving natural habitat; and 3. Joint use of cemetery land for nature trails and non-invasive recreation. DR16 Grandparents Raising Grandchildren. That the 79th Texas Legislature enact legislation to provide improved carefully tailored financial and social supports for grandparents raising minor children in Texas. DR17 Vehicle Inspection Stickers. That the 79th Texas Legislature enact legislation to give relief to Seniors by agreeing that Seniors over 65 years of age pay only 80% of the state-mandated cost for vehicle inspection sticker fees. DR 19 Nursing Home Staffing. That the 79th Texas Legislature implement contract provisions for all nursing facilities collecting Medicaid payments in the State of Texas to maintain minimum staffing ratios necessary for adequate care including at least one nurse aid for each eight (8) residents during day and evening shifts, and at least one nurse aid for each twelve (12) residents during the night shift. DR20 Money Management, an alternative to Guardianship. That the 79th Texas Legislature expand the existing money management program as an alternative to guardianships; provide additional state funding for existing money management programs; encourage the growth of statewide money management programs with those features and safeguards relating to volunteers, clients, training, oversight, supervision; require an advisory council incorporated as a Texas nonprofit corporation and recognition by the Internal Revenue Service under Section 501 (c)(3) IRS Code.

8 DR21 Cost of living adjustment for retired public education employees. That the 79th Texas Legislature contribute eight (8) percent each fiscal year, as passed in 1989, in order to insure that retired public education employees receive a cost of living increase. DR22 Solvency of Texas Teacher Retirement and Health Care Benefits. That the 79th Texas Legislature analyze the impact of retirees on the Teacher Retirement System who immediately return to full time employment without further contribution in to the system and adjust state contributory rates in conjunction with the CPI. DR23 DADS to comment on EMS plans for coastal counties. That the 79th Texas Legislature authorize the Department of Aging and Disability Services to review and comment on the EMS plans for the coastal counties of the State of Texas to assure that the evacuation plans and procedures and the emergency shelter provisions for the elderly and disabled of such counties are adequate to assure that the health and welfare of these vulnerable populations in the event of any and all natural and man-made disasters be properly protected as well as their life and well-being. DR25 Safeguard elderly citizen's right of self-determination. That the 79th Texas Legislature enact appropriate legislation to correct Adult Protective Services deficiencies in responding to abuse and neglect of elderly citizens, but that any such legislation clearly articulate the extreme importance of safeguarding each elderly citizen's right to personal freedom and self-determination, and include the requirement that other selected senior citizens be consulted when assessments of competency are made for elderly citizens suffering from self-neglect. DR27 Maximum hot water heating settings in health care facilities. That the 79th Texas Legislature enact legislation that all licensed facilities for the care, housing or treatment of seniors be required to place a monitoring device allowing no higher than 120 F settings on hot water heaters installed in, including but not limited to skilled care, assisted living, rehab facilities, adult day care centers and any other such treatment centers and/or other housing of Texas Seniors. Such facilities found to be in violation of hot water temperature control shall face severe penalties set by Texas State Health and Safety Code. DR28 Ethics committee in nursing homes. That the 79th Texas Legislature pass legislation to require all licensed nursing facilities in Texas to have an Ethics Committee comprised of at least five members including a physician, registered nurse, social worker, ethicist and/or minister/priest/rabbi and that this committee's members may be nursing facility staff members or consultants, with at last one member from the community, and several nursing facilities in the same area may develop and share an Ethics Committee and membership for convenience; said committee's purpose being not to make decisions related to individual resident care but to educate and inform residents, significant others, and staff members about biomedical ethical issues so that they can make informed decisions. DR29 Remove guardianship duties from Adult Protective Services. That the 79th Texas Legislature remove all guardianship duties and funding including the current APS guardianship program, from TDFPS, and require that the distribution of the guardianship funding and any continued operation of the APS guardianship program under HHSC or under the supervision of another state agency be conducted with the advice of HHSC and the Guardianship Advisory Board in order to better coordinate the State's role in the provision of guardianship services wit the services currently provided by local guardianship programs. DR30 Prescription benefit managers. That the 79th Texas Legislature adopt legislation which would properly authorize the Texas State Board of Insurance and the Texas State Board of Pharmacy to regulate the PBMs which do business within the State of Texas to ensure transparency and patient choice. DR32 Breast cancer screening for senior women. That the 79th Texas Legislature pass a bill urging (1) the National Cancer Institute to adequately design and conduct studies to determine the benefit of screening senior women through mammography and other emerging technologies; (2) further, to request the National Cancer Institute issue a statement of scientific fact on the merits of breast cancer screening for senior women; and (3) lastly, that the National Cancer Institute reissue guidelines for mammography examination of senior women or direct the public consider guidelines issued by other organizations.

9 DR33 Medicaid benefit for assisted living. That the 79th Texas Legislature require the appropriate agency to apply for a Medicaid waiver to spend Medicaid dollars for assisted living and not just for nursing homes. DR34 County senior citizens advisor. That the 79th Texas Legislature allow the creation of the office of County Senior Citizens Advisor. DR36 Report deaths to county or local coroner. That the 79th Texas Legislature enact legislation to require that all nursing home deaths be reported immediately to the appropriate coroner; and that in all cases of death of an individual, who was a resident of a long-term care facility, within five (5) days of entering the hospital, the hospital shall immediately report the death to the appropriate coroner. DR37 Protect nursing home residents from eviction or exploitation. That the 79th Texas Legislature pass legislation that will better protect nursing home residents from eviction and other exploitation by their legal representatives. DR38 Adequate funding for Adult Protective Services. That the 79th Texas Legislature allocate sufficient budgetary funds to the operation and administration of Texas Adult Protective Services in order for the agency to meet acceptable standards of operation as well as its obligations under the law. DR39 Home equity lending and mortgage counseling for senior homeowners. That the 79th Texas Legislature repudiate predatory lending practices and support legislation which can prevent obvious injustice by requiring a pre-lending counseling component by a non-interested third party, such as the benefits counselors currently established by the 28 Area Agencies on Aging of Texas DR40 High premiums of automobile insurance. That the 79th Texas Legislature pass insurance reform to bring affordability and reliability back to the Texas Insurance Industry by mandating 100% rate regulation, rate rollbacks to the established benchmark rate, ban credit scoring, implement penalties for late payment of claims and require insurance companies to offer comprehensive policies and grant seniors 60 years and older a 20% discount over and above discounts already offered. DR41 Restrict transportation of water. That the 79th Texas Legislature take all necessary measures to control the pumping and transportation of water from wells in the underground Aquifers where the well is located; authorize water districts to establish a permit system to control movement of water across county lines. DR42 Expansion of Advocacy to residents of assisted living facilities. That the 79th Texas Legislature provide advocacy to residents in licensed and unlicensed living facilities by supporting an exceptional budget item submitted by the state unit on aging of DADS for the statewide expansion of the assisted living pilots.

The following resolutions are listed in numerical order starting with the special resolution on the tax freeze that continued the number one priority of the 9th TSHL Legislative Session, 2002.

By: Albert B. Campbell Special Resolution 10 Committee Assigned: Retirement and Aging

RESOLUTION Implementation of Proposition 13 – Freeze Homestead Taxes

A RESOLUTION TO: Implement the intent of Proposition 13 – Freeze all taxes on homesteads of seniors 65 years and older.

WHEREAS, The voters in the State of Texas overwhelmingly accepted the intent of Proposition 13 in the 2003 election; and

WHERES, Although a large number of taxing entities have already accepted the provisions of the Tax Freeze as outlined in Proposition 13, there are those that are requiring expensive and divisive referendums and in the process are violating the wishes of voters; and

WHEREAS, Property taxes continue to escalate at alarming rates making it impossible for many seniors with frozen incomes to pay their taxes and other necessary items such as drugs and food; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature request that the 79th Texas Legislature amend Chapter 11.26 paragraph (a) of the Title 1, Property Tax Code, of the Texas Tax Code to replace the phrase "school district" with a new phrase: "all taxing entities" and insert any additional paragraph(s) needed to implement the change as directed in Proposition 13, HJR 16 and HB 136.

PASSED AND APPROVED on September 15, 2004 by the Retirement and Aging Committee

______John Leslie, Sr., Chair

PASSED AND APPROVED on September 17, 2004 by the 10th Texas Silver-Haired Legislature.

______Chris Kyker, Speaker

ATTEST:

______Albert B. Campbell, Secretary

By: Carlos Higgins DR 1 Committee Assigned: Criminal Justice:

11 RESOLUTION

Ensure Prompt Reporting Nursing Home Injuries and Deaths

A RESOLUTION TO better ensure prompt reporting of wrongful or negligent acts causing injuries or death to nursing home residents, followed by appropriate investigation and resolution;

WHEREAS, any injury or death of an elderly nursing home resident arousing suspicion in a competent observer should be promptly reported and investigated, including those injuries and deaths occurring shortly after the resident is moved from a nursing home to a hospital; and

WHEREAS, some observers may be reluctant to report wrongful or negligent acts for fear of retaliation, hesitancy to contact law enforcement officials, or they may simply not know who to contact; however, the safety of other nursing home residents is jeopardized when wrongful or negligent acts leading to injury or death are not properly reported and investigated; and

WHEREAS, adequate protection for senior citizens justifies the creation of a well-publicized and easy way to report these abuses, including the option for a caller to remain anonymous; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature urge the 79th Texas Legislature to require an additional way for observers to report wrongful or negligent acts causing injuries or death to nursing home residents, and that this means of reporting be well-publicized and convenient with an option for a caller to remain anonymous, such as a toll-free number for reports to be routed through an Area Agency on Aging Office.

PASSED AND APPROVED, September 13, 2004, by the Criminal Justice Committee.

______David Leopard, Chair

PASSED AND APPROVED, September 14, 2004, by the Texas Silver-Haired Legislature.

ATTEST:

______Albert B. Campbell, Secretary By: Carlos Higgins DR 2 Committee Assigned: Criminal Justice

RESOLUTION Penalties for Abusing or Neglecting the Elderly 12 A RESOLUTION TO impose more severe penalties for failing to provide reasonable care or for endangering an elderly individual;

WHEREAS, In SB 827, the 78 Texas Legislature attempted to provide greater protection for elderly Texas citizens by increasing penalties for abuse and neglect; and

WHEREAS, SB 827 attempted to protect multiple categories of citizens, with various exceptions and defenses applicable to some categories but not others; and

WHEREAS, The Legislature passed SB 827, but it was vetoed by the Governor because the language was flawed: now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature urge the 79th Texas Legislature to again attempt similar legislation, but to address abuse and neglect penalties in a separate bill which applies only to the elderly, in order to more likely avoid a veto of the bill for flawed language.

ATTEST:

______Albert B. Campbell, Secretary By: Adalaide Cash Balaban DR 3 Committee Assigned: Criminal Justice

RESOLUTION Penalties for Fraud and Abuse

A RESOLUTION TO: Increase the penalties for all fraud and double those penalties if the victim is a senior, 60 years of age or older. If found guilty, all state issued licenses related to the fraud would also be rescinded.

WHEREAS, Seniors are directly targeted for fraud. Seniors represent only 11%* of the population but represent 30%* of those victimized by fraud; and

WHEREAS, Seniors have limited opportunity to recover from the financial and emotional trauma of victimization. Once defrauded of savings, seniors are more likely to become dependent on the State or County for services; and

WHEREAS: The loss experienced by the senior fraud victim is a loss which is seldom recovered and the perpetrator is able to use the plea-bargain process to negotiate a minimized penalty; now, therefore be it.

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact legislation that increases the penalties for fraud and that those persons or organizations that prey on seniors by means of fraud will be charged double that penalty. If found guilty perpetrators will not be permitted to retain any state licenses related to the fraud.

ATTEST:

______Albert B. Campbell, Secretary By: Ann Pennington and Betty Streckfuss DR 4 Committee Assigned: Health and Human Resources

RESOLUTION Require training in aging issues for health care professionals

A RESOLUTION TO: Amend the 2005-2010 Texas State Health Plan to include health related issues related to the aging;

14 WHEREAS, Seniors over the age of 65 in the State of Texas are expected to double from 2000 to 2030; and

WHEREAS, Health care professionals are required to be certified and/or re-certified by the Department of State Health Services; and

WHEREAS, The State of Texas has adopted a Texas State Health Plan for the years 2005- 2020; now, therefore be it,

RESOLVED, That the 10th Texas Silver-Haired Legislature urges the 79th Texas Legislature to require, as a condition of certification or re-certification of health care professionals, training in issues related to the aging.

PASSED AND APPROVED, September 13, 2004, by the Health and Human Resources Committee.

______Jetta Roberts, Vice Chair

ATTEST:

By: David Leopard DR 5 Committee Assigned: General

RESOLUTION Educating seniors on Homeland Security Issues

A RESOLUTION TO: Provide the means to educate senior Texans on issues affecting their well being and possible community involvement in the area of Homeland Security.

WHEREAS,There are numerous education programs on Homeland Security, (Bioterrorism, Disaster Preparedness, Texas Family Safety Plan, Texas State Emergency Management Resources for people with Disabilities, Natural Disasters, etc.), seniors need to be provided these education opportunities; and

15 WHEREAS, Grants are available to provide this education ($1.4 million dollars was recently provided to the state of Texas in federal 2004 Citizen Corps funds to be used to provide the resources necessary for local communities to bring together citizen leaders to form and sustain a citizen corps council; engage citizens in homeland security awareness, community preparedness and family safety; and implement Citizen Corps programs such as Community Emergency Response Teams (CERT), Medical Reserve Corps, Volunteers in Police Service, and Neighborhood Watch.); and

WHEREAS, Funding for some of these programs needs to be provided to engage and educate senior Texans in this process; now, therefore be it

RESOLVED, That the 10th Texas Silver Haired Legislature urges the 79th Texas Legislature to provide a means to obtain funds to establish programs to educate the 3 million seniors in Texas on Homeland Security issues that affect their well being and in some cases, get them involved in the community.

PASSED AND APPROVED, September 13, 2004, by the General Committee.

______Jane Lanier, Acting Chair

ATTEST:

______Albert B. Campbell, Secretary By: Carlos Higgins DR 6 Committee Assigned: General

RESOLUTION

Require Home-equity Lenders to Report Adverse Effects on Elderly Home-owners

A RESOLUTION TO: Ensure that any widespread adverse affects upon elderly home-owners from recent laws allowing home equity loans may be timely detected and corrected.

WHEREAS, Recent laws which liberalized borrowing and using home equity as collateral were enacted in response to lenders rather than borrowers; and

WHEREAS, Elderly home-owners are especially susceptible to entering into loan arrangements which unduly risk their homes; and any widespread adverse effects upon Texas seniors which

16 place them in undue financial difficulties should be detected and corrected sooner rather than later; and

WHEREAS, Minimal reporting of adverse financial effects upon senior homeowners would allow appropriate detection and correction; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourages and strongly recommends that the 79th Texas Legislature enact legislation authorizing the Texas Attorney General to require home-equity lenders to report instances of adverse effects of such loans upon elderly homeowners.

ATTEST:

______Albert B. Campbell, Secretary By: Jetta Roberts, Imelda Rauschuber, and Callie Ragon DR 7 Committee: Health and Human Resources

RESOLUTION A Resolution to: Return Personal Needs Allowance to $60.00

WHEREAS, Section 32.024 (w) Human Resources Code sets a personal needs allowance of not less than $60.00 (sixty dollars) a month for a Medicaid resident of a nursing home licensed under chapter 242 Health and Safety Code; and

WHEREAS, The budget passed by the legislature for fiscal year 2004-2005 only funds the personal needs allowance at $45.00 (forty five dollars) a month for these residents, and with the escalating cost of these personal needs items, $45.00 (forty-five dollars) is not adequate; and

WHEREAS, The Governor, Lt. Governor, and Comptroller have all identified about $800,000,000.00 (eight hundred million doIlars) in State doIlars that could be used to reduce the Medicaid cuts in the 2004-2005 year budget; now, therefore, be it

17 RESOLVED That, the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature find that the $60.00 (Sixty Dollars) a month should be reinstated for the personal needs allowance and should be a budget priority in the 79th Legislative Session.

PASSED AND APPROVED, September15, 2004, by the Texas Silver-Haired Legislature.

ATTEST:

By: Margaret Williamson, Nell Clark, Adalaide Balaban and Arlie Horn DR 8 Committee Assigned: General

RESOLUTION Provide Informational Guides To Families of the Incarcerated

A RESOLUTION TO: Require local law enforcement agencies or other appropriate local agencies to make available an informational guide to families of the incarcerated;

WHEREAS, The offender’s absence often leaves behind minor children, innocent spouses, and dependent seniors who are adversely affected by the loss of support as the families of the incarcerated are not considered with the same sympathy as the victim’s families, but they experience high degrees of stress and have the same need for information; and

WHEREAS, Senior members of the offender’s families bear much of the burden caused by the incarceration. They are least likely to be familiar with the legal system and the social services available, but are most in need of the information; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact legislation to require local law enforcement and other appropriate local agencies to make an information guide available to families of the incarcerated. 18 PASSED AND APPROVED, September 14, 2004, by the General Committee.

ATTEST:

______Albert B. Campbell, Secretary BY: Brigitte Rogers, Stephen Coycault Sr. and Jay Tarwater DR 9 Committee Assigned: Insurance

RESOLUTION Reform Homeowners Insurance

A RESOLUTION TO: Bring about true insurance reform and to deliver meaningful insurance rate relief to seniors in Texas;

WHEREAS,The Texas Department of Insurance determined in August 2003 that homeowners insurance companies overcharged Texas policyholders by more than $500 million dollars and ordered rate reductions that have been slow in coming due to lengthy, costly legal challenges and contingent, phased-in settlements with the department; and

WHEREAS, Texas homeowners insurance companies are enjoying exceptionally low loss ratios, including loss ratios of 58% for the top companies in 2003 and 35% for the industry during the first quarter of 2004, leading to concern that Texas policyholders continue to pay excessive premiums as these companies pocket excessive profits; and

WHEREAS, Legislative intent has not been fully implemented with respect to capping the effect credit scoring has on homeowners insurance rates; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature 19  Strengthen statutory penalties for insurance companies that overcharge their policyholders;  Require periodic review of insurance rates to determine if they are unjustified or excessive and if rate reductions are in order;  Pass an industry-wide cap limiting the effect of credit scoring on homeowners and personal automobile insurance rates at no more than 10%;  Enact legislation that would prevent stigmatization of real property and individuals when an insurance claim is filed;  Require disclosure in layman’s terms of actual coverage being offered;  Prohibit carriers from inserting “right-of-rescission” clauses, except for non-payment of premiums.

PASSED AND APPROVED, September 13, 2004, by the Insurance Committee.

______Oscar Garcia, Chair

______Chris Kyker, Speaker ATTEST:

______Albert B. Campbell, Secretary By: John T. Leslie, Sr. DR10 Committee Assigned: Retirement and Aging

RESOLUTION Prevention and Report of Abuse to Elder Texans

A RESOLUTION TO: Insure and protect the mental and physical health of aging Texans;

WHEREAS, The abuse of elders accounts for up to 14% of all trauma admissions in the United States, the Silver-Haired Legislature encourages the State Legislature to enhance existing legislation regarding the mental and physical health of aging Texans by encouraging citizens and requiring health officials to report to the proper authorities any indication of elder physical or mental abuse, self-neglect, unsafe living conditions, injuries, or any other condition appearing to indicate the need for additional care, examination, or investigation, and to require that every resident of a retirement or nursing home be given a summary of the rights of nursing or retirement home patients; and

WHEREAS, There needs to be written acknowledgment by every resident of a retirement or nursing home or his legal representative that a summary of the rights of nursing or retirement home patients has been received and included in the resident’s medical file; and

WHEREAS, There is needed an easy way for citizens and/or healthcare professionals to alert appropriate authorities and to request an investigation into the care of aged Texans who have chronic, progressive, or disabling illnesses that impair function and create care needs of a special nature, such as those who:  Appear to have progressive impairments and who are without support from family or neighbors, or whose caregivers show signs of burnout,  Have a personal history of substance abuse or violent behavior or who are cared for by a family member with a similar history or who live with a family in which there is a history of child or spousal abuse,  Live with family members who are financially dependent on them, or whose caregivers are under sudden increased stress due, for example, to loss of job, health, or spouse,  Are exposed to hazards in the home, are confined to one part of the home, and whether assistive devices, if needed, are available, 20  Appear fearful of a family member or caregiver, or whose caregiver "hovers" around the patient and refuses to give the provider and patient privacy, or the patient sounds like he or she is reciting a "script" explaining their injuries; now, therefore be it

RESOLVED, That the Texas Silver-Haired Legislature urges the Texas Legislature to require all licensed nursing and EMS services to have written protocols in place that address the rights of nursing or retirement home patients regarding assessment, treatment, and the reporting of elder abuse and neglect, and that such protocols be developed collaboratively with law enforcement, local/state departments of aging, the state attorney general's office, and members of the physician community, and a signed acknowledgment of the receipt of such rights be filed with the patient’s medical records, and be it

FURTHER RESOLVED, That Elder abuse awareness programs be incorporated into the continuing education programs and training of geriatric professionals and others who are licensed to provide health care and that certificates of completion be awarded those who successfully complete such training.

PASSED AND APPROVED, September 14, 2004, by the Retirement and Aging Committee.

______ATTEST: Chris Kyker, Speaker

______Albert B. Campbell, Secretary By: Albert B. Campbell DR 11 Committee Assigned: Health and Human Resources

RESOLUTION Establish the Practice of Denturism in Texas

A RESOLUTION TO: Change the Texas Dental Code to allow licensed Denturists to practice Denturism.

WHEREAS, Denturists are trained in fabricating, supplying, altering and repairing of prosthetic dental appliances. They are also trained to take impressions and bite restrictions and make final adjustments. However, the current dental code does not allow them to take impressions and make final adjustments. “Denturism” is the term that applies to the total prosthetic dental appliance process; and

WHEREAS, Denture appliances are unnecessarily expensive, in part due to the requirement that dentists are unnecessarily involved in the final process of making impressions and adjustments. Many seniors, particularly those with low incomes, are not able to afford well fitting dental appliances and thus suffer from poor nutrition and other health problems; and

WHEREAS, The quality and cost of denture appliance services will be improved by allowing Denturists to practice Denturism. Canada has adopted the Denturism program and the price of dentures has been reduced by more than 50%. In addition, the number of individuals seeking prosthetic treatment or adjustment has increased dramatically as a result of the cost reduction; now, therefore be it,

RESOLVED, That the 10th Texas Silver-Haired Legislature urges the 79th Texas Legislature to change the Texas Dental Code to allow for the practice of Denturism.

21 PASSED AND APPROVED, September 13, 2004, by the Health and Human Resources Committee,

ATTEST:

______Albert B. Campbell, Secretary By: Jim Caldwell DR 12 Committee Assigned: General

RESOLUTION Larger Type in Contracts and Printed Advertisement

A Resolution to: Require larger type in contracts and printed advertisements;

WHEREAS, All people must have the right of disencumbered and knowledgeable choice for products and services prior to signing a contractual agreement. Enormous financial burdens have been caused to Seniors and Seniors-to-be by signing contracts in trust with sellers and lessors who use advertising and contractual agreements with small print that cannot be read without magnification, or with the use of prescription glasses or contacts, thus obligating the customer with unknown facts; including, in some cases, great lengths of times; and

WHEREAS, No display of print should be smaller than 8 (eight) point, Times New Roman or Arial font, which will clarify unreadable facts of small print, making all information conspicuous, complete, well defined. and will not delegate any cost to the State of Texas, and in no way has intent or demand to change any operations of those companies, including pricing, warranties or guarantees; and

WHEREAS, The Attorney General or prosecuting attorney in the county where the violation occurs may assess an appropriate fine to bring suit in civil court and payable to the State of Texas for violations in continuance; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact legislation to require that all printed advertisements, displays, publications, mailers, handouts, costs, contracts for items and services for wireless telephones, financial institutions, automotive contracts and warranties, insurance policies, cable and satellite television, and including all contracts and advertisements now issuing illegible print without magnification shall be printed in no smaller than eight point print, Times New Roman or Arial font, or other font that is easily read.

22 PASSED AND APPROVED, September 13, 2004, by the General Committee.

ATTEST:

______Albert B. Campbell, Secretary By: Carlos Higgins DR 13 Committee: State Affairs

RESOLUTION Natural Burial Cemeteries

A RESOLUTION TO: Urge the adoption of laws which allow environmentally sensitive natural burial cemeteries to be established and maintained by non-profit “green burial” entities formed for that specific purpose;

WHEREAS, There is a growing interest in “natural burial” in a manner which facilitates the return of bodies to the earth quickly and naturally, without using chemicals and durable caskets; and

WHEREAS, Land set aside for natural burials may concurrently be preserved as natural habitat for wildlife, and jointly used for public nature trails and non-invasive recreation; and

WHEREAS, Such green cemeteries can offer natural burial at less cost of families in comparison to currently routine burial practices which are more extensive and expensive; and our rapidly growing population will produce an inevitable growth in the need for additional burial grounds, and natural burial in joint-use land will help reduce the loss of land to any other use when it is permanently dedicated to traditional cemeteries; now, therefore, be it

RESOLVED That, the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact laws that allow green cemeteries to be established and maintained by non-profit entities dedicated to the following:

1. Promoting “natural burial” to allow the return of bodies, including cremations, to the earth quickly and naturally; 2. Protecting the environment and preserving natural habitat; and 3. Joint use of cemetery land for nature trails and non-invasive recreation.

PASSED AND APPROVED, September 15, 2004, by the State Affairs Committee.

23 ______Glen Peterson, Chair

ATTEST:

______Albert B. Campbell, Secretary By: Jim Caldwell DR 14 Committee: State Affairs

RESOLUTION Property Evaluations by Appraisal Districts

A RESOLUTION TO: limit the amount of Property Evaluations by Appraisal Districts for Homesteads;

WHEREAS, Recently, the Washington Bureau of Statistics and Department of Aging and Disability Services have clearly indicated that 41% of Texans, 65 years of age and older, have an income of less than $10,000.00 annually; which clearly indicates a need to cap appraisals of homesteads; and

WHEREAS,Cities, counties, schools, and all taxing districts can continue to raise additional revenues beyond a requested 3% cap by voter approval as compared to the present 10% cap with no voter approval; and

WHEREAS, Property Tax costs have long been overshadowed by higher evaluations on property that always results in higher taxation, thus adding a never-ending burden upon seniors and “seniors-to-be”; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact Legislation to restrict the 10% allowable of appraisal value be reduced to a 3% cap thus allowing revenue beyond the 3% cap to have approval of local voters and an oversight appraisal board of 5 elected officials to be accountable to taxpayers as approved by local voters.

PASSED AND APPROVED, September 15 , 2004, by the State Affairs Committee.

______Glen Peterson, Chair

______24 Chris Kyker, Speaker

ATTEST:

______Albert B. Campbell, Secretary By: Ruth Bowling DR 15 Committee Assigned: Retirement and Aging

RESOLUTION 3 Medicare Prescriptions at Medicaid Prices

A Resolution To: Permit Seniors on Medicare without drug coverage to buy 3 Prescriptions per month at Medicaid prices.

WHEREAS, Prescription drug prices have gotten far beyond the reach of individuals on Medicare; and

WHEREAS, The Federal Government has totally failed the middle income on Medicare for their Prescriptions; and

WHEREAS, Prescription drugs and nutritional supplements play a substantial role in the on- going health of seniors to prevent illnesses; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact legislation to permit the seniors on Medicare, without drug coverage, be able to buy three prescriptions per month at the same prices that the state pays for prescriptions on their Medicaid program.

PASSED AND APPROVED, September 15, 2004, by the Retirement & Aging Committee.

25 ATTEST:

By: Fred Bell DR 16 Committee: Retirement and Aging

RESOLUTION Grandparents Raising Grandchildren

A RESOLUTION TO: improve the circumstances of grandparents raising grandchildren in Texas;

WHEREAS, There are over 400,000 children living in grandparent-headed households (7.6% of all children in Texas) and over 250,000 grandparents are responsible for meeting the basic needs of their grandchildren, and there are another 150,000 children living in households headed by other relatives (2.6% of all children in Texas); and

WHEREAS, Grandparents are the first responders and primary "kinship caregivers" for children whose parents will not or can not care for them due to abuse, neglect, abandonment, domestic violence, imprisonment, divorce and other family crisis; and

WHEREAS, Thirty-two percent (32%) of grandparents live in households without the children’s parents present; 19% live in poverty and suffer economic hardship; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact legislation to provide improved carefully- tailored financial and social supports for grandparents raising minor children in Texas.

PASSED AND APPROVED, September15, 2004, by the Retirement and Aging Committee,

26 ATTEST:

______Albert B. Campbell, Secretary By: Steve Coycault DR 17 Committee Assigned: General

RESOLUTION Vehicle Inspection Stickers

A RESOLUTION for seniors over 65 years of age to pay only 80% of the state-mandated cost for vehicle inspection stickers;

WHEREAS, Older adult retirement income goes up very little with everything else escalating out of sight; and

WHEREAS, Seniors often have fixed incomes and are forced to choose between basic necessities in life; and

WHEREAS, Seniors enjoy breaks on other State of Texas fees; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact legislation to give relief to Seniors by agreeing that Seniors over 65 years of age pay only 80% of the state-mandated cost for vehicle inspection sticker fees.

ATTEST:

27 ______Albert B. Campbell, Secretary By: Jetta Roberts DR 18 Committee Assigned: Education

Resolution Geriatric Training for Medical Professionals

A RESOLUTION TO: Require Geriatric Training for Physicians and other medical professionals;

WHEREAS, The need for well-trained, competent physicians and other health care professionals in the fields of geriatrics, gerontology, and long-term care is already at a critical point and is certain to increase dramatically in the coming years; and,

WHEREAS, The growth of the elderly population in Texas has increased the need for geriatric medical care tailored to the needs of the older citizens; and

WHEREAS, Geriatric training should be required in all medical training programs in order that medical professionals understand the medical needs of the older population; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature recommend that the 79th Texas Legislature enact a requirement for geriatric training in all medical schools receiving Federal and State funding.

PASSED AND APPROVED, September 15, 2004, by the Education Committee.

_____ Bobby Southwood, Chair

ATTEST:

By: Imelda Rauschuber DR 19 28 Committee Assigned: Human Services

RESOLUTION Nursing Home Staffing

A RESOLUTION TO: Require nursing homes in the State of Texas to provide an adequate number of nurses and nurse’s aides to meet the needs of all nursing home residents;

WHEREAS, Staffing in nursing homes has been consistently linked to the quality of care; and

WHEREAS, A 2002 Department of Health and Human Services Report to Congress identified a minimum of 4.1 hours of direct care per resident per day should be required of all nursing facilities and that staffing below that level compromised quality of care and often resulted in costly and dangerous outcomes such as pressure sores, infections, and avoidable hospitalizations; and

WHEREAS, The National Academy of Sciences Institute on Medicine issued a report in November 2003 warning the negative effects of understaffing and nurse fatigue on resident safety and specified minimum standards for registered and license nurse staffing in nursing homes; and

WHEREAS, More than 90% of Texas nursing homes are understaffed and do not provide an adequate number of employees to render adequate personal and health care services; and

WHEREAS, Other licensed care providers in Texas have maximum care provider to recipient ratios, including day care centers and State schools; now, therefore be it,

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature implement contract provisions for all nursing facilities collecting Medicaid payments in the State of Texas to maintain minimum staffing ratios necessary for adequate care including at least one nurse aid for each eight (8) residents during day and evening shifts, and at least one nurse aid for each twelve (12) residents during the night shift.

PASSED AND APPROVED, September 13, 2004, by the Human Services Committee.

______Ruth Bowling, Chair

ATTEST:

______Albert B. Campbell, Secretary BY: Oscar Garcia and Imelda Rauschube DR 20 Committee: General RESOLUTION Money Management as an Alternative to Guardianship 29 A RESOLUTION TO: Expand the Texas Money Management Program as a less-restrictive alternative to guardianships across the State;

WHEREAS, Many older Texans need personal assistance paying their bills and managing their finances in order to continue living in their own homes and apartments, and many are needlessly subjected to restrictive, costly and embarrassing guardianship proceedings because a less-restrictive alternative is not available in their county; and

WHEREAS, Trained and supervised volunteers currently provide money management services for 388 people in only 23 of the 254 counties in Texas; and

WHEREAS, There is a need for a statewide program to provide a consistent model that includes features and safeguards for recruitment of volunteers, insurance for persons served to hold them harmless in the unlikely event of financial injury attributable to the money management program, criminal background checks, oversight, monitoring, training, technical support, compatible matches of volunteer and client and an advisory council of persons knowledgeable about guardianship and alternatives; now, therefore be it

RESOLVED; That the 10th Texas Silver-Haired Legislature recommends that the 79th Texas Legislature  expand the existing money management program as an alternative to guardianships,  provide additional State funding for existing money management programs,  encourage the growth of statewide money management programs with those features and safeguards relating to volunteers, clients, training, oversight, supervision; and  require an advisory council incorporation as a Texas nonprofit corporation and recognition by the Internal Revenue Service under Section 501(c)(3) of the Internal Revenue Code.

ATTEST:

______Albert B. Campbell, Secretary By: Lela Foreman DR 21 Committee Assigned: Education

RESOLUTION Cost of Living Adjustment for Retired Public and Higher Education Employees

30 A RESOLUTION TO: Approve a cost-of-living adjustment for retired public and higher education employees;

WHEREAS, Without an increase in contribution by the state, no cost of living raises or ad hoc raises will be available for many years. The state now contributes 6 percent; and

WHEREAS, State Law, Government Code at Section 825.404 paragraph @) states, "During each fiscal year, the state shall contribute to the retirement system an amount equal to eight percent of the aggregate annual compensation of all members of the retirement system during that fiscal year.” Although this legislation was never funded since it was passed in 1989, it now should be; and

WHEREAS, The TRS pension trust fund’s normal cost now exceeds the guaranteed income to the fund which means that the unfunded liability of the pension trust fund cannot be increased to provide benefits for retired or active members; now therefore, be it

RESOLVED, That the 79th Legislature contribute 8 percent each fiscal year, as passed in 1989, in order to insure that retired public education employees receive a cost of living increase.

______Bobby Southwood, Chair

ATTEST:

______Albert B. Campbell, Secretary By: Lela Foreman DR 22 Committee Assigned: Education

RESOLUTION Assure Solvency of Texas Teacher Retirement Fund and Health Care Benefits

A RESOLUTION TO: Assure the Texas Teacher Retirement Fund remains actuarially sound;

WHEREAS, The Texas Teacher Retirement System should not be used to supplant the 31 obligation of the state and .the school districts to pay salaries to retain current employees; and

WHEREAS, That upon retiring and immediately returning to work, neither the retiree nor the state contributes to the Texas Teacher Retirement Fund system; and

WHEREAS, If the current trend of retiring and immediately returning to work continues, .it may threaten any future cost of living increases and health care benefits; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend the 79th Texas Legislature to analyze the impact of retirees on the Teacher Retirement System who immediately return to full time employment without further contribution into the system and adjust state contributory rates In conjunction with the CPI.

ATTEST:

______Albert B. Campbell, Secretary By: Ivan J. Arceneaux DR 23 Committee Assigned: Human Services

RESOLUTION DADS Comments on EMS Plans for Coastal Counties

A RESOLUTION: Authorizing the Department of Aging and Disability Services (DADS) to review and comment on the EMS plans for the coastal counties of the state of Texas to assure that the evacuation plans and procedures and emergency shelters provisions for the elderly and the disabled of such counties are adequate to assure the health and welfare of these vulnerable populations in the event of any and all natural and man-made disasters be properly protected as well as their life and well-being;

32 WHEREAS,The United States of America proudly purports to protect the life, liberty and the pursuit of happiness of all of its citizens; and

WHEREAS, The elderly residents of the state of Florida suffered the greatest loss of life and limb as well as property as a result of the recent natural disaster, hurricane Charley; and

WHEREAS, The trend among the emergency management planners in coastal counties of Texas seems to focus on evacuation procedures with emphasis on personal responsibility for same, but a sizeable proportion of the elderly and disabled are, by nature, in need of special assistance in the evacuation process as well as an adequate number of safe emergency shelters for those who will not be able to evacuate or cannot do so; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature authorize the Department of Aging and Disability Services to review and comment on the EMS plans for the coastal counties of the state of Texas to assure that the evacuation plans and procedures and the emergency shelter provisions for the elderly and disabled of such counties are adequate to assure that the health and welfare of these vulnerable populations in the event of any and all natural and man-made disasters be properly protected as well as their life and well-being.

ATTEST:

______Albert B. Campbell, Secretary By: Jetta Roberts DR 24 Committee Assigned: Human Services

RESOLUTION Registration of Assisted Living Facilities in Texas

A Resolution to: Require mandatory registration of Assisted Living Facilities in Texas

WHEREAS, An Assisted Living Facility is an establishment that furnishes, in one or more facilities, food, shelter, and personal care services to its residents. The current legislation permits care of up to three residents per home without state licensure or any other means of identification of such with the State; and

WHEREAS, Persons residing in unlicensed or unidentified Assisted Living Facilities have been subjected to severe incidents of physical and mental abuse, neglect and financial exploitation. 33 These facilities continue to operate without any monitoring or accountability for the resident's assets, the quality of care or their quality of life indicators; and

WHEREAS, All elderly and disabled Texans deserve protection from such physical and mental abuse, neglect and financial exploitation, to include risk of death; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature require all Assisted Living Facilities in operation in the State of Texas that accept monetary compensation for food, shelter and assistance with personal care needs for under four (4) residents, unrelated to the proprietor, be required to self-identify as such by registering every two (2) years with the State of Texas for a fee of fifty ($50) dollars, and be subject to inspection and monitoring by the State to protect the rights and safety of the residents. The Department, or any duly appointed board or committee, may establish by rule the administration of the above process, and is to be effective upon becoming law.

ATTEST:

______Albert B. Campbell, Secretary By: Carlos Higgins DR 25 Committee Assigned: Health and Human Resources

RESOLUTION Safeguard Elderly Citizen's Right of Self-Determination

A RESOLUTION TO: Urge that any legislation enacted to correct deficiencies in Adult Protective Services clearly acknowledge that each elderly citizen's right of self-determination is extremely important to that individual and that agents of Texas government must be cognizant of and diligent in safeguarding that right, and that selected senior citizens be consulted when assessments of competency are made for elderly citizens suffering from self-neglect;

WHEREAS, Abuse and neglect suffered by elderly Texas citizens, as has been highlighted by deficiencies in Adult Protective Services (APS) in the El Paso area, is a serious, extensive and unacceptable state-wide problem; and

WHEREAS, A legislative sub-committee has been studying apparent deficiencies in the state's responses to reported cases of abuse and neglect; and the Legislature is likely to offer new 34 legislation this session which mandates corrective actions in APS responses and approaches to abuse and neglect of elderly citizens; and

WHEREAS, While diligently seeking to correct instances of apparent self-neglect by an elderly citizen, there is great potential for a government worker to give too little attention to that elderly citizen's precious right of self-determination; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact appropriate legislation to correct Adult Protective Services deficiencies in responding to abuse and neglect of elderly citizens, but that any such legislation clearly articulate the extreme importance of safeguarding each elderly citizen's right to personal freedom and self-determination, and include the requirement that other selected senior citizens be consulted when assessments of competency are made for elderly citizens suffering from self-neglect.

ATTEST:

______Albert B. Campbell, Secretary By: Betty Lee Streckfuss DR 27 Committee Assigned: Human Services

RESOLUTION Establish Maximum Hot Water Heater Settings in Institutions/Health Care Facilities

A RESOLUTION TO: Set a mandatory maximum setting of not more than 120° F on all and any hot Water heaters in any, but not limited to skilled care, assisted living, rehab facilities, adult day care centers and any other such treatment centers and/or other housing facilities for Texas Seniors;

WHEREAS, In the State of Texas nursing home residents and residents of, but not limited to skilled care, assisted living, rehab facilities, day care centers and any other such treatment centers and/or other housing in which seniors spend all or part of their time; during the course of their stay, Seniors are often unsupervised in their access to hot water supplies or are left unattended within the reach of hot water taps; and

WHEREAS, Careless, inappropriate and unattended use of hot water very often results in scalding burns, a major cause of costly and severe burn injury, lengthy treatment, rehabilitation and often resultant death to seniors; and

35 WHEREAS, Such costly, severe and painful injury can be minimized by the expedient and economical measure of setting such hot water heater thermostats at a maximum of not more than 120°F; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact legislation that all licensed facilities for the care, housing or treatment of seniors be required to place a monitoring device allowing no higher than 120° F settings on hot water heaters installed in, including but not limited to skilled care, assisted living, rehab facilities, adult day care centers and any other such treatment centers and/or other housing of Texas Seniors. Such facilities found to be in violation of hot water temperature control shall face severe penalties set by Texas State Health and Safety Code.

ATTEST:

______Albert B. Campbell, Secretary By: Oscar Garcia DR 28 Committee Assigned: Human Services

RESOLUTION Ethics Committee in Nursing Homes

A RESOLUTION TO: Require Ethics Committee in Nursing Homes;

WHEREAS, There are many biomedical ethical issues in nursing facilities such as withholding and withdrawing treatment, “do not resuscitate” situations, impaired cognitive decision making by residents with various types of dementia, depressed residents with suicidal tendencies, and possible medical neglect and/or abuse; and residents often do not have signed advance directives on admission and neither they nor their responsible party may completely understand the options that the facility is required to ask about as a result of the Patient Self Determination Act of 1991; and

WHEREAS, A number of vulnerable nursing facility residents have no or few family members or visitors to monitor their situations and care because at an advanced age their spouse, and even children may have died, and there are few professional health care providers in nursing facilities who are likely to have had much education or training on biomedical ethical issues; and

WHEREAS, The increasing incidence of litigation against nursing facilities may be related to the lack of focus on the ethical as well as the legal aspects of care; now therefore, be it

36 RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature pass legislation to require all licensed nursing facilities in Texas to have an Ethics Committee comprised of at least five members including a physician, registered nurse, social worker, ethicist and/or minister/priest/rabbi and that this committee’s members may be nursing facility staff members or consultants, with at least one member from the community, and several nursing facilities in the same area may develop and share an Ethics Committee and membership for convenience; said committee’s purpose being not to make decisions related to individual resident care but to educate and inform residents, significant others, and staff members about biomedical ethical issues so that they can make informed decisions.

BY: Oscar Garcia DR 29 Committee Assigned: Human Services

RESOLUTION Remove Guardianship Duties from Adult Protective Services

A RESOLUTION TO: Remove guardianship duties and guardianship funding from Adult Protective Services division of the Texas Department of Family and Protective Services (APS/TDFPS);

WHEREAS, Adult Protective Services of the Department of Family and Protective Services is currently serving as guardian for 557 incapacitated individuals in 99 counties throughout the State and currently receives approximately $2,000,000 annual funding from the State of Texas; and

WHEREAS, The Health and Human Service Commission’s interim report recommends that the APS guardianship program be “removed from TDFPS and that significant steps be taken to sharpen its mission, strengthen its effectiveness, and build community-led capacity;” and

WHEREAS, Removing guardianship duties from APS will resolve an existing conflict of interest with the APS duty to investigate abuse, exploitation and neglect which has expressed itself in the reluctance of APS abuse investigators to refer cases for guardianship due to funding limitations; and

WHEREAS, The Guardianship Advisory Board at HHSC has been given authority to comment on APS guardianship program policies and to coordinate the APS guardianship program with

37 the 23 local guardianship programs that provide guardians for over 2,400 incapacitated individuals in 68 counties; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature remove all guardianship duties and funding, including the current APS guardianship program, from TDFPS, and require that the distribution of the guardianship funding and any continued operation of the APS guardianship program under HHSC or under the supervision of another state agency be conducted with the advice of HHSC and the Guardianship Advisory Board in order to better coordinate the State’s role in the provision of guardianship services with the services currently provided by local guardianship programs. PASSED AND APPROVED, September 14, 2004, by the Human Services Committee.

______Albert B. Campbell, Secretary By: Oscar Garcia DR 30 Committee Assigned: Insurance

RESOLUTION Prescription Benefit Managers

A RESOLUTION TO: Protect the health and welfare of Texas citizens by regulating the business activities of Prescription Benefit Managers (PBMs);

WHEREAS, The Medicare Prescription Drug legislation recently adopted by Congress has placed the unregulated PBM industry in complete charge of administering the Medicare prescription drug program for Medicare patients; and

\VHEREAS, The fact that the various PBMs are presently faced with more than a dozen class action lawsuits by plan sponsors and patients (for allegedly failing to exercise proper fiduciary responsibility in administering the prescription drug plans under their charge) clearly demonstrates that the PBM industry needs to be regulated. “Transparency” would result in understanding financial incentives generating money from manufacturers to PBM’s; and

WHEREAS, Certain mail-order incentives do not give patients choice of pharmacy providers; and WHEREAS, Many PBMs engage not only in the financial administration of such programs, but also involve themselves in altering drug therapy, drug utilization review (DUR), and other activities which are normally within the purview of physicians and pharmacists who are properly

38 regulated by state agencies; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature adopt legislation which would properly authorize the Texas State Board of Insurance and the Texas State Board of Pharmacy to regulate the PBMs which do business within the state of Texas to ensure transparency and patient choice.

ATTEST:

______Al Campbell, Secretary By: Chris Kyker DR 31 Committee Assigned: Retirement and Aging

RESOLUTION Expand Area Agencies on Aging Access System

A RESOLUTION TO: Expand the existing infrastructure of the 28 Area Agencies on Aging (AAAs) and identify the AAAs as the access entry point for long-term care services within the Department of Aging and Disability Services;

WHEREAS, Area Agencies on Aging have been the front door to services for older adults in Texas for over 30 years as mandated by the Older American's Act, and the Area Agencies on Aging have provided the leadership in developing regional access and assistance system plans in response to SB 374, 76th Legislature, 1999; and, the AAAs have extensive experience in the development of local coordinated systems of services that leverage significant funding from local governments, foundations, charitable giving and from consumers that can afford to pay a portion of the cost for their services; and

WHEREAS, HB 2292, 78th Legislature, 2003, consolidated the Texas Department on Aging, the Texas Department of Human Services and the mental retardation division of the Texas Department of Mental Health and Mental Retardation into the Department of Aging and Disability Services (DADS), using the functional model of service delivery; and

WHEREAS, In Texas the Area Agencies on Aging are the centralized points of access and assistance in their communities to a comprehensive array of services for caregivers, older adults, persons with disabilities and the general public; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature amend HB 2292, 78th Legislature, to expand the infrastructure of the existing 28 Area Agencies on Aging to be inclusive of persons with disabilities and identify 39 the 28 Area Agencies on Aging of Texas as the access and assistance entry point for long-term care services within the Department of Aging and Disability Services.

PASSED and APPROVED, September 15, 2004 by the Retirement and Aging Committee.

PASSED and APPROVED, September 16, 2004 by the Texas Silver-Haired Legislature.

ATTEST:

______Albert B. Campbell, Secretary By: John T. Leslie, Sr. DR 32 Committee Assigned: Retirement & Aging

RESOLUTION Breast Cancer Screening for Senior Women

A RESOLUTION TO: Inform senior women of the advantages of breast cancer screening.

WHEREAS, Medical Professionals recognize the need for accurate guidelines for breast cancer screening for women and recognize the National Cancer Institute as the lead Federal agency for research on the causes, prevention, diagnosis, and treatment of cancer, and its guidelines are considered as providing reliable scientific and medical advice; and

WHEREAS, It has been proven that intervention with routine screening for breast cancer through mammography or other scientifically-approved methods can save women's lives, recognizing that at this time medical science is unable to prevent this disease even though there has been a dramatic change in technology during the 30year period since the initiation of breast cancer screening; and

WHEREAS, Even though existing clinical trial data appear to be inadequate to provide a definite answer to the efficacy of early detection as evidenced by statements from the American Cancer Society and other national medical organizations and health and consumer groups; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature pass a bill urging (1) the National Cancer Institute to adequately design and conduct studies to determine the benefit of screening senior women through mammography and other emerging technologies; (2) further, to request the National Cancer Institute issue a statement of scientific fact on the merits of breast cancer screening for senior women, and (3) and then, lastly, that the National Cancer Institute reissue guidelines for

40 mammography examination of senior women or direct the public to consider guidelines issued by other organizations.

______Albert B. Campbell, Secretary By: Bette Gunnerson DR 33 Committee Assigned: Health & Human Resources

RESOLUTION Medicaid Benefit for Assisted Living

A RESOLUTION TO: Promote an Assisted Living Medicaid Benefit to Older Adults who qualify for Medicaid;

WHEREAS, There are many assisted living facilities requesting private-pay residents to leave when they exhaust their funds. As a result, older adults who are still able to function in a less restrictive environment such as in a assisted living facility may be forced to leave and relocate into a more restrictive environment, such as a nursing home; and

WHEREAS, Medicaid under current law is restricted to payment for home care or long- term nursing home care and cannot provide a benefit for care in an assisted living facility; now therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature require the appropriate agency to apply for a Medicaid waiver to spend Medicaid dollars for assisted living and not just for nursing homes.

PASSED AND APPROVED, September 16 , 2004, by the Texas Silver-Haired Legislature.

41 ATTEST:

______Albert B. Campbell, Secretary By: Oscar Soliz DR 34 Committee Assigned: State Affairs

RESOLUTION County Senior Citizens Advisor

A RESOLUTION TO: Allow County Commissioner Courts in Texas to establish the office of County Senior Citizens Advisor;

WHEREAS, Many senior citizens are accustomed to doing their legal, property and other important business at the county court house, and are often referred from office to office in a very time consuming fashion; and

WHEREAS, It will be at the discretion of each individual county commissioners court to create a County Senior Citizens Advisor Office, (with an Advisor at least 60 years of age ) but the Advisor may not make policies for the county and has no authority to perform a duty that involves the commitment of county funds and other resources, and though the senior volunteers staffing the office of County Senior Advisor are not entitled to compensation, the commissioner court may allocate funds or other resources for the office and may provide for reimbursement for expenses incurred while serving as volunteer staff; and

WHEREAS, The commissioners court shall set the duties of the office of Senior Citizens Advisor to include such things as filing a complaint with an appropriate state or federal agency on behalf of the affected senior citizen and other such duties that encourages collaboration with other senior agencies benefiting senior citizens such as the twenty-eight Regional Area Agencies on Aging; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature strongly urges the 79th Texas Legislature to allow the creation of the office of County Senior Citizens Advisor

42 PASSED AND APPROVED, September 16, 2004, by the Texas Silver-Haired Legislature.

ATTEST:

______Albert B. Campbell, Secretary By: Oscar Garcia DR 35 Committee Assigned: State Affairs RESOLUTION Retain Identity of the Texas State Unit on Aging

A RESOLUTION TO: Retain the Texas State Unit on Aging as the viable and visible state advocate and steward for services and opportunities for older Texans;

WHEREAS, The 55th Texas Legislature in 1957 established a committee on aging to study and develop policies regarding needs of aging, and in response to the recommendations of the original legislative committee, the Governor, in 1959, appointed on a continuing basis an interdepartmental committee on aging of all state agencies concerned with the needs of aging; and

WHEREAS, The 59th Texas Legislature in 1965 created the Texas State Committee on Aging as the state unit on aging to be known as the Governor's Committee on Aging to implement the Older American's Act, and the 67th Texas Legislature, in 1981, changed the name to the Texas Department on Aging to function as an independent state department; and the 78th Texas Legislature in 2003 passed HB 2292 to consolidate the Texas Department on Aging with the Department of Human Services and the mental retardation division of the Department of. Mental Health and Mental Retardation and created the Department of Aging and Disability Services; and

WHEREAS, The older population is projected to increase from the current 2.8 million (13%) of the Texas population to 6.8 million (22%) in 2030, the state unit on aging is needed as the state advocate and steward for a full range of services and opportunities that allow older Texans to live healthy, dignified and independent lives; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature maintain the identity of the state unit on aging as the viable and visible state advocate for older Texans and preserve the functions within the state unit which have been of vital interest to Texas Legislatures since 1957.

______Glen Peterson, Chair 43 PASSED AND APPROVED, September 16, 2004, by the Texas Silver-Haired Legislature.

______Albert B. Campbell, Secretary By: Fred Bell, Jake Narramore and Oscar Soliz DR 36 Committee Assigned: Retirement and Aging

RESOLUTION Report Deaths to County or Local Coroner

A RESOLUTION TO: Require nursing home resident deaths to be reported to the county or local coroner;

WHEREAS, The latest Texas mortality figures for Nursing Facilities and Related Institutions shows over 27,000 deaths per year among residents in nursing homes; and

WHEREAS, Over 90% of the deaths were of individuals over 60; and

WHEREAS, At this time the level of care in most cases is adequate, but due to state fiscal problems, there are fewer inspectors necessary for adequate supervision and further scrutiny is required; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact legislation to require that all nursing home deaths be reported immediately to the appropriate coroner; and be it

FURTHER RESOLVED, That in all cases of death of an individual, who was a resident of a long-term facility, within five (5) days of entering the hospital, the hospital shall immediately report the death to the appropriate coroner.

44 ATTEST:

______Albert B. Campbell, Secretary By: Pat Porter DR 37 Committee Assigned: Health and Human Resources

RESOLUTION Protect Nursing Home Residents from Eviction or Exploitation

A RESOLUTION TO: Protect nursing home residents from eviction or other exploitation by legal representatives including family members;

WHEREAS, When family members who have been appointed as legal representatives by nursing home resident refuse to pay the facilities for the ward’s care thereby making the ward subject to risk of eviction; and

WHEREAS, Adult Protective Services is the agency delegated to investigate these allegations, but often the case is not investigated to the fullest extent because of limited resources and because of the interpretation by APS that because the resident (ward) is deemed to be “presently” safe (in the facility); and because most law enforcement agencies consider this to be a breach of contract, not theft; and

WHEREAS, Laws do not currently exist to have law enforcement agencies to actively pursue these thefts and the residents do not always have recourse to a guardian ad litem to protect their interests against these family members; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature pass legislation that will better protect nursing home residents from eviction and other exploitation by their legal representatives

45 ATTEST:

______Albert B. Campbell, Secretary By: Jetta Roberts DR 38 Committee Assigned: Health and Human Resources

RESOLUTION Adequate Funding for Adult Protective Services

A RESOLUTION To: Provide adequate funding for Texas Department of Family and Protective Services Adult Protective Services In Texas;

WHEREAS, Adult Protective Services is statutorily instituted to investigate the abuse, neglect, or exploitation of the elderly or disabled citizens of the State of Texas, and to provide protective services to those persons; and

WHEREAS, By Executive Order of the Governor of the State of Texas, Order No. RP33, issued April 14, 2004, motivated by reports that indicated serious fundamental and systemic problems within the APS Program in Region 10, in which EI Paso County is situated, the Health and Human Services Commission was directed to oversee a systemic reform of Adult Protective Services; and

WHEREAS, The preliminary findings of the Health and Human Services Commission confirmed that serious deficiencies exist in virtually all aspects of the APS program in the entire State of Texas, and confirmed that EI Paso County APS program performance levels in Region 10 compare poorly with statewide averages; now, therefore, be it

RESOLVED, That the 10th Texas Silver Haired Legislature urges that the 79th Legislature increase resources, to include allocation of sufficient budgetary funds, to the operation and administration of Texas Adult Protective Services in order for the agency to meet acceptable standards of operation as well as its obligations under the law.

PASSED AND APPROVED, September 14, 2004, by the Health & Human Resources Committee.

46 ATTEST:

______Albert B. Campbell, Secretary By: Ivan Arceneaux DR 39 Committee Assigned: Human Services

RESOLUTION Home Equity Lending and reverse Mortgage Counseling for Senior Homeowners

A RESOLUTION TO: Request the 79th Texas Legislature to institute a required precounseling component for all senior homeowners regarding home equity lending and reverse mortgages;

WHEREAS, In 1997 the Texas Legislature passed home equity lending provisions which allowed Texans to borrow against the equity in their home; and

WHEREAS, Since the passage of this landmark legislation, the banking and lending industry have continuously attempted to change certain provisions of the law which could potentially weaken the strong constitutional protections now in place for Texas consumers; and

WHEREAS, the growth of subprime refinance lending markets grew from 2512 loans made in 1997 to 23,353 loans in 2000; and

WHEREAS, Home Mortgage Disclosure Act data and Texas census data compiled by Consumers Union clearly indicated that the more older residents in an area, the more likely a borrower in that area would get a loan a from a subprime lender, which was consistent with AARP research that found older borrowers were three times as likely to have a subprime loan than borrowers under 35 years of age; and

WHEREAS, Practices associated with subprime lending can often result in equity being stripped from homes and sometimes foreclosure; now, therefore be it,

RESOLVED, That the Texas Silver-Haired Legislature urges the 79th Texas Legislature to repudiate predatory lending practices and support legislation which can prevent obvious injustice by requiring a pre-lending counseling component by a non-interested third party, such as the benefits counselors currently established by the 28 Area Agencies on Aging of Texas.

ATTEST:

47 ______Albert B. Campbell, Secretary BY: Steve Coycault DR 40 Committee Assigned: Insurance

RESOLUTION High Premiums of Automobile Insurance

A RESOLUTION TO: Address the excessively high premiums of automobile insurance and bring about true & meaningful reform and rate relief;

WHEREAS, The escalating premiums of automobile insurance are forcing senior citizens to drop all insurance coverage; and

WHEREAS, The dropping of insurance restricts their use of the car which imposes a hardship and impacts their independence, mobility and quality of life; and

WHEREAS, Seniors often have fixed incomes and are forced to choose between basic necessities of life and carrying insurance on their automobiles; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature pass insurance reform legislation to bring affordability and reliability back to the Texas insurance industry by mandating 100% rate regulation, rate rollbacks to the established benchmark rate, ban credit scoring, implement penalties for late payment of claims, require insurance companies to offer comprehensive policies and grant seniors 65 years and older a 10% discount over and above discounts already offered.

ATTEST:

48 By: C. J. Brisbin DR 41 Committee: Utilities and Natural Resources

RESOLUTION Restrict Transportation of Water

A RESOLUTION TO: Restrict the Transportation of Water;

WHEREAS, The unregulated pumping of the Aquifers and transporting to distant cities would drop the water level to a point that it would take generations to recover, if ever; and

WHEREAS, The unregulated pumping of Aquifers will drop the water level, and in so doing will severely damage the wells of the rural residents and Senior Citizens, thus creating hardship and expense that they can ill afford; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature urges and strongly recommend that the 79th Texas Legislature take all necessary measures to control the pumping and transportation of water from wells in the underground Aquifers where the well is located; be it

FURTHER RESOLVED, To authorize water districts to establish a permit system to control movement of water across county lines.

PASSED AND APPROVED, September 14, 2004, by the Utilities and Natural Resources Committee,

______Ralph O’Dell, Chair

ATTEST:

49 By: Robert Zepeda DR 42 Committee: Human Services RESOLUTION Expansion of Advocacy to Residents of Assisted Living Facilities

A RESOLUTION TO: Support an exceptional budget item submitted by the State Unit on Aging to the LBB for the statewide expansion of the assisted living pilots to provide advocacy to residents in licensed and unlicensed living facilities.

WHEREAS, The Texas Ombudsman Program is a service provided by the Texas Unit on Aging and the Area Agencies on Aging to provide advocacy to resident in nursing facilities; and

WHEREAS, The Texas Ombudsman Program proposed to expand its service to provide advocacy to residents of 1,222 licensed assisted living facilities; and 600 unlicensed assisted living facilities, and the potential 3,490 unidentified, unlicensed facilities; and

WHEREAS, The Texas State Unit on Aging proposed to continue to work with the Department of Aging and Disability Services – Long Term Care Regulatory division to identify unlicensed assisted living facilities throughout the state and the Texas Ombudsman Program proposed to provide advocacy services to 11,360 residents in FY 2002 and 13,975 residents in FY 2003 living in both licensed and unlicensed assisted living facilities; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature provide advocacy to residents in licensed and unlicensed living facilities by supporting an exceptional budget item submitted by the State Unit on Aging of DADS for the statewide expansion of the assisted living pilots.

PASSED AND APPROVED, September16, 2004, by the Human Services Committee.

ATTEST:

______Albert B. Campbell, Secretary By: Walter Graham DR 43 Committee Assigned: Retirement and Aging

50 RESOLUTION Opposition to a Bed Tax on Nursing Facility Residents in Texas

A RESOLUTION TO Oppose a Bed Tax on Nursing Facility Residents in Texas;

WHEREAS, Over twenty five states have passed a tax on Elderly Residents of Nursing homes; and

WHEREAS, The average amount of this tax is approximately $3,000.00 per year; and

WHEREAS, This tax would unfairly place a burden on the sick elderly; now, therefore, be it;

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact legislation opposing a bed tax on nursing facility residents.

ATTEST:

SUPPORT RESOLUTIONS SUMMARY AND TOP-TEN PRIORITIES

The 10th TSHL passed a total of 26 SR resolutions during the Legislative Session, conducted in the House Chambers, State Capitol, September 13-17, 2004. The following chart is a listing of the SR resolutions with a indirect or support impact on older Texans, identified by number, title and resolve statement requesting specific action of the 79th Texas Legislature. The top-ten priorities are ranked in first order. The remainder are 51 listed in chronological order.

SR # Title and Resolve Statement Rank SR12 Oppose School Vouchers. That the 79th Texas Legislature oppose school vouchers. 1 SR5 Cuts in Local Health and Human Services. That the 79th Texas Legislature question the feasibility of the proposals of Texas Health and Human Services Commission concerning HB 2 2292 relating to cutting Medicaid dollars to senior citizens receiving mental health and mental retardation services, all community-based assistance, long-term care, and food stamps. SR21 Use of CPT Code. That the 79th Texas Legislature enact legislation requiring all insurance companies doing business in Texas to include the CPT Code as part of the identification of 3 any claim when corresponding with a client. SR28 Casinos to Operate in Texas. That the 79th Texas Legislature take all action necessary to permit the establishment and operation of well-regulated casinos in the State of Texas and 4 that all qualified operators be allowed to participate including American Indian Nations. SR25 Maintain the MR State Schools. That the 79th Legislature continue, with permanent 5 legislation, the funding and support of the State Schools, their residents and their parents. The State must accept its responsibility for the care of those who are unable to care for themselves. SR23 Separate Nursing Homes for Sex Offenders. That the 79th Texas Legislature enact 6 legislation not to allow any registered sex offenders to be housed in Texas nursing homes, and that the state provide a separate and secure facility for the said sex offenders. SR7 Notification of Stalker's Pending Release to Victim. That the 79th Texas Legislature enact a law requiring mandatory notification of a stalker's pending release to the victim for their 7 safety and welfare. SR11 Appoint Electors to Reflect Majority Vote. That the 79th Texas Legislature determine by 8 referendum whether Texas citizens prefer the present "winner-take-all" system or one where electoral votes are allocated to the candidate who wins the popular vote in each congressional district, with the overall winner of the state's popular vote also getting the state's two Senatorial votes. SR3 Stop Welfare Privatization. That the 79th Texas Legislature cause HHSC to review their 9 proposal to privatize and utilize call centers. SR19 Reduction of Services during HHSC Transition. That the 79th Texas Legislature assure 10 that money allocated for the development and maintenance of HB 2292 should not come from cuts to client services.

SR1 Recycle water from high volume industries. That the 79th Texas Legislature institute a program to recycle water from high volume industries. SR2 Reliable electric services. That the 79th Texas Legislature continue to change, add to, or modify rules so they continue to be results-oriented and easily enforced while change to electric power competition in Texas continues as this will continue to provide reliable electric service for Texans, with adequate transmission line capacity and sufficient power generation at competitive costs to customers in the state of Texas. SR4 Abusive nature of telemarketing recorded messages. That the 79th Texas Legislature pass legislation that requires no telemarketers to be able to leave recording on telephone answering machines.

SR6 Incoming cell phone costs. That the 79th Texas Legislature pass a law that no one be required to pay for incoming calls to a cell phone and that no one be required to pay for not having his/her cell phone number, name, or address listed in the directory without permission. SR8 Conversion of public road to toll road. That the 79th Texas Legislature enact laws which prohibit 52 the conversion of a public road to a toll road in a county until that county's voters have voted to allow the specific conversion. SR10 Property taxes and road tolls. That the 79th Texas Legislature establish a date certain, allowing a reasonable transition period, after which property taxes and road tolls may be imposed or increased only by those taxing authorities whose members are elected by the public. SR13 Franchise tax law. That the 79th Texas Legislature review the franchise tax law and corrections be made to said law to prevent the loss of this tax revenue. SR14 Privately owned pay phones costs. That the 79th Texas Legislature pass legislation that requires privately-owned pay phone providers to post in a prominent place on the phone the charges that a customer may expect to pay, including a way for the customer to determine in advance what charges to expect for long distant charges. SR15 Selling practices of cell phone companies. That the 79th Texas Legislature pass legislation that require cell phone service providers to cancel contracts if no local service is available, or cancel contract within 30 days without charge upon request of customer. SR18 Restore Telecommunications Infrastructure Fund. That the 79th Texas Legislature restore the Telecommunications Infrastructure Fund (TIF) to its original status as dedicated separated fund. SR20 Prisoners to pay costs of incarceration. That the 79th Texas Legislature pass laws that will charge daily fees to pay for room and board, health care, and education during incarceration; that prisoners be provided with jobs in the prison system or community service or private enterprise when possible to earn their keep; and that all prisoners with less than high school education be required to go to school and be charged for their education. SR22 State court judicial review of cases involving Medicaid and other public services. That the 79th Texas Legislature repeal Texas Government Code 2001.223(1) and allow Texas state court judicial review of final administrative decisions concerning the granting, payment, denial or withdrawal of Medicaid, food stamps, and/or Temporary Assistance for Needy Families. SR24 Texas Guardianship Program. That the 79th Texas Legislature authorize HHSC to establish a statewide public guardianship program and require each county in Texas that has specifically allocated funds in its budget for guardianship services to contract with local qualified resources, under rules establish by HHSC, to serve as guardians for incapacitated individuals without family support, and to require the HHSC with the advice of the Guardianship Advisory Board to supplement these contracts with State funds and allow Judges with guardianship jurisdiction to participate in the supervision and control of the contracts with State management and oversight to ensure the well- being of the wards. SR27 Large print of prescription samples. That the 79th Texas Legislature enact legislation to require all manufacturers issue with all drugs, including samples given patients by doctors or medical personnel, readable side effects and adverse reaction information printed in a minimum of 8 (eight) point, Times New Roman or Arial font, in order for recipients to be able to discuss more knowledgeably side effects with the doctor of issuance. SR29 Restore support for Texas 2-1-1. That the 79th Texas Legislature restore the original local/state partnership and financial support to fully implement the technology, training and 24/7 access of the statewide 2-1-1 system by reinstating the 50% state dollars to match 50% raised at the local level and to channel other funds through this Texas based infrastructure to serve as the focal point and prescreening center for all state human services rather than creating another access system through private call centers. SR30 Business development of Texas smaller towns. That the 79th Texas Legislature establish a date certain after which tax reductions may be offered as inducements to businesses to expand or re- locate only after voters in any jurisdiction exceeding 20,000 population consent to the specific inducement, and inducements by the state involving public funds must be spread equitably among cities and towns of all sizes.

By: Ralph L. O'Dell SR 1 Committee Assigned: Utilities and Natural Resources

RESOLUTION Recycle Water from High Volume Industries

A RESOLUTION TO: Institute a program to recycle water from high volume industries such as 53 car washes, washaterias or laundromats, and some food processors;

WHEREAS,These industries dispense used water into sewer and drainage systems and there is equipment on the market that can be economically installed to accomplish recycling; and

WHEREAS, The reuse of the water would be a saving in water fees to the high-volume users in the industry; and

WHEREAS, A rebate incentive by the city or county involved would also be equitable when proper equipment has been installed for recycling, now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact legislation to institute a program to recycle water from high volume industries.

PASSED AND APPROVED, September13, 2004, by the Utilities and Natural Resources Committee.

ATTEST:

______Albert B. Campbell, Secretary By: Richard A. Landry SR 2 Committee Assigned: Utilities and Natural Resources

RESOLUTION Reliable Electric Services

A Resolution to: Maintain rules to continue to provide reliable electric service;

WHEREAS, The North American Reliability Council (NERC) in Princeton, N.J. has sought the ability to enforce its own rules, but NERC’s efforts to put teeth into its regulations came to grief 54 earlier this year in the squabbles over long-stalled national energy legislation. ”The United States is unique in having a power system that is neither fully deregulated nor fully regulated, nobody knows who ultimately will own what.” As a result, as one eminent expert puts it in this issue, you would be “silly” to put any serious money into grid innovation.” (The Institute of Electronical and Electronic Engineers Spectrum Forum, August 2004); and

WHEREAS, James W. Glotfelty, director of the US Department of Energy’s Office of Electric Transmission and Distribution, dismisses all the studies that conclude large blackouts are not preventable with his view: “Trim your trees, train your operators, and ensure that your systems work. Period;” and

WHEREAS, The elderly are more likely to be adversely affected by the lack of electric service and are less tolerant to “blackouts” and “brownouts” and require more reliable electric service than most people; and large area blackouts have helped point out that not only adequate power generation needs to be in place, but adequate transmission line capacity to deliver this power to the consumer is essential for reliable service; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature continue to change, add to, or modify rules so they continue to be results-oriented and easily enforced while change to electric power competition in Texas continues as this will continue to provide reliable electric service for Texas, with adequate transmission line capacity and sufficient power generation at competitive costs to customers in the state of Texas.

PASSED AND APPROVED, September 13, 2004, by the Utilities & Natural Resources Committee.

By: Sarah Birdsong SR 3 Committee Assigned: State Affairs

RESOLUTION Stop Welfare Privatization

A RESOLUTION TO: Stop welfare privatization proposed by the Health and Human Services Commission;

WHEREAS, The HHSC has seemingly not done an accurate analysis of how many workers, public or private, it would need to enroll at least 4 million Texans in social service programs; and

55 WHEREAS,Much of the HHSC’s business cases consists of arbitrary assumptions; thus the state stands to actually lose money because thousands of Texans might be refused benefits to which they are legally entitled; and

WHEREAS, The resulting loss of federal matching funds would easily erase the estimated savings utilizing call centers, which have already cost $160 million; now, therefore be it,

RESOLVED, That the 10th Texas Silver-Haired Legislature urges the 79th Texas Legislature to cause the HHSC to review their proposal to privatize and utilize call centers, and if determined not feasible or appropriate for Texas senior citizens, that the call centers not be authorized by the 79th Legislature.

ATTEST:

______Albert B. Campbell, Secretary By: Charlotte Parks SR 4 Committee Assigned: Utilities and Natural Resources

RESOLUTION Abuse Nature of Telemarketing Recorded Messages

A RESOLUTION TO: Address the abusive nature of telemarketer's use of recorded messages which say, “we have an important message, or we have an urgent message.”

WHEREAS, Caller gives a toll free number to call (1-800 1-866, 1-877), and seniors and others are not sure number is toll free; and

WHEREAS, There is no number to punch to remove your name from the no call list, and they call several times and fill up the answering machine; now, therefore be it

56 RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature pass legislation that requires no telemarketer to be able to leave a recording on telephone answering machines.

ATTEST:

______Albert B. Campbell, Secretary By: Sarah Birdsong SR 5 Committee Assigned: State Affairs

RESOLUTION Cuts in Local Health and Human Services

A RESOLUTION TO: Question the feasibility of the proposals of Texas Health and Human Services Commission concerning HB 2292;

WHEREAS, House Bill 2292 was intended to cut administrative costs in Austin, not services to those in need; and

WHEREAS, The loss of thousands of Department of Aging and Disability Services and Health and Human Service Commission jobs in rural Texas will greatly effect our economy and increase the burden on the already beleaguered counties; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature question the feasibility of the proposals of Texas Health and 57 Human Services Commission concerning House Bill 2292 relating to cutting Medicaid dollars to Senior citizens receiving mental health and mental retardation services, all community-based assistance, long-term care, and food stamps.

ATTEST:

______Albert B. Campbell, Secretary By: Walter Edwin Weber SR 6 Committee Assigned: Utilities and Natural Resources

RESOLUTION Incoming Cell Phone Costs

A RESOLUTION TO: Address the costs of incoming calls to a cell phone.

WHEREAS, The present incoming call to a cell phone is paid for by the cell phone owner; and

WHEREAS, The cell phone owner cannot control the incoming calls; and

WHEREAS, There is a proposal by the cell phone industry to provide a directory listing all cell phone numbers, owner's names, and addresses; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature strongly recommend that the 79th Texas Legislature pass a law that no one be required to pay for incoming calls to a cell phone and that no one be required to pay for not having his/her cell phone number, name, or address listed in the directory.

58 PASSED AND APPROVED, September 13, 2004, by the Utilities & Natural Resources Committee.

ATTEST:

______Albert B. Campbell, Secretary By: Jetta Roberts SR 7 Committee Assigned: Criminal Justice

RESOLUTION Notification to Victim of Stalker's Pending Release

A RESOLUTION TO: Require Notification of Stalker’s Pending Release to Victim;

WHEREAS, Stalking a person is a serious crime which can be dangerous, life-threatening and a frightening experience for the victim; and

WHEREAS, After a stalker is convicted, incarcerated and released, it should be required by law that the victim be notified of the stalker’s release; and

WHEREAS, or the safety and protection of the victim, a law should be passed requiring mandatory notification of the stalker’s pending release to the victim ; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact a law requiring mandatory notification of a stalker’s pending release to the victim for their safety and welfare. .

59 PASSED AND APPROVED, September13, 2004, by the Criminal Justice Committee.

ATTEST:

______Albert B. Campbell, Secretary By: Carlos Higgins SR 8 Committee Assigned: State Affairs

RESOLUTION Prohibit Conversion of Public Road to Toll Road

A RESOLUTION TO: Prohibit the conversion of a public road to a toll road in any county until a proposed conversion receives prior and specific approval from the voters of that county.

WHEREAS, Texas laws now allow public roads to be converted to toll roads as a means to produce additional tax revenue; and

WHEREAS, These toll taxes will be imposed by non-elected office-holders who are insulated from voters, and therefore have little or no accountability to voters; and

WHEREAS, This new toll tax is being initiated without any serious public debate and without gaining the consent of taxpayers and voters; and

WHEREAS, Senior citizens who have enjoyed the clear benefits of living under a government responsive to voters have a great obligation to, at the very least, provoke public debate on whether we should preserve for our children and grandchildren a government which is responsive and accountable to its citizens; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact laws which prohibit the conversion of a public road to a toll road in a county until that county’s voters have voted to allow the specific conversion.

60 PASSED AND APPROVED, September 13, 2004, by the State Affairs Committee.

ATTEST:

______Albert B. Campbell, Secretary By: Carlos Higgins SR 10 By: Carlos Higgins SR 10 Committee Assigned: State Affairs

RESOLUTION Property Taxes and Road Tolls

A RESOLUTION TO: require that property taxes and road tolls may be imposed or increased only by taxing authorities composed of members who are elected by the public.

WHEREAS, Non-elected taxing authorities (such as Hospital Districts, Metro Transportation Districts and Toll Road Districts) are insulated from voters, and may impose or increase public taxes or tolls with little or no accountability to the voters; and

WHEREAS, A major affront to Americans, which led to our country’s Declaration of Independence, is the imposition of taxes without the public’s consent; and

WHEREAS, To preserve our government as one by the people and for the people, every taxing authority should be composed of elected officials, accountable to the voters, and

WHEREAS, We senior citizens who inherited and enjoyed a government responsive to voters should strive to deliver to our children and grandchildren a government that is no less accountable to the voters; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature to establish a date certain, allowing a reasonable transition period, after which property taxes and road tolls may be imposed or increased only by those taxing authorities whose members are elected by the public.

ATTEST:

______Albert B. Campbell, Secretary By: Carlos Higgins SR 11 Committee: State Affairs

RESOLUTION Appoint Electors to Reflect Majority Vote

A RESOLUTION TO: Change the way Texas appoints its electors for national elections from a “winner take all” formula to one where the electors are prorated to reflect the majority vote;

WHEREAS, A state's electoral votes equal the total of its congressional seats plus two votes for its senators, and the U.S. Constitution allows each state to appoint its electors in such a manner as the state legislature may direct; and

WHEREAS, The current “winner-take-all” system in Texas encourages political parties to gerrymander Congressional Districts almost solely for the purpose of winning in enough of the districts to capture the state’s entire electoral vote; and, gerrymandering Congressional Districts to the extent that one political party easily dominates the other in each district tends to reduce consideration of issues in each district to minimal debate within the dominant party, rather than more extensive debate between multiple parties; and

WHEREAS, Our children and grandchildren will more likely respect and take part in a political system where issues of concern are fully debated within each congressional district and where every vote would more effectively count in our national elections; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature determine by referendum whether Texas citizens prefer the present “winner-take-all” system or one where electoral votes are allocated to the candidate who wins the popular vote in each congressional district, with the overall winner of the state's popular vote also getting the state’s two Senatorial votes.

ATTEST:

______Albert B. Campbell, Secretary By: Sarah Birdsong and Lela Foreman SR 12 By: Sarah Birdsong and Lela Foreman SR 12 Committee Assigned: Education

RESOLUTION Oppose School Vouchers

A RESOLUTION To: Oppose the use of school voucher systems.

WHEREAS, The Senior Citizens of Texas have contributed and continue to pay significant amounts of tax revenue intended for public education. The use of the education fund for any purpose other than the public school system should be prohibited.

WHEREAS, Nonpublic schools can avoid mandates of laws and court decisions that require public schools to provide education for the handicapped, compensatory education, desegregation, due process procedures, education for non-English speaking students, transportation, and other areas; and

WHEREAS, Such fragmentation of the public schools would threaten their historical role as the foundation of our democratic system; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature oppose voucher systems.

63 PASSED AND APPROVED, September 15, 2004, by the Texas Silver-Haired Legislature.

ATTEST:

______Albert B. Campbell, Secretary By: William J. Bugelholl SR 13 Committee Assigned: General

RESOLUTION Franchise Tax Law

A RESOLUTION TO: Prevent the loss of tax revenues by reviewing and changing franchise tax law.

WHEREAS, The State of Texas is losing tax revenue from large corporations who move their headquarters from the state but are still doing business here, thus avoiding the franchise tax; and

WHEREAS, Some corporations are changing their corporate status to a Limited Partnership to avoid franchise taxes; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature review the franchise tax law and corrections be made to said law to prevent the loss of this tax revenue.

______Chris Kyker, Speaker 64 ATTEST:

RESOLUTION Privately Owned Pay Phone Costs

A RESOLUTION TO: Address excessive pricing for phone service, especially from privately owned pay phones.

WHEREAS, Phone service, including privately owned pay phones, has been deregulated; and

WHEREAS, Customers of privately-owned pay phones too often encounter charges for calls that are so high they are outrageous; and

WHEREAS, There are no readily apparent and convenient way for a customer to determine in advance what charges should be expected; now, therefore be it

RESOLVED, THAT the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature pass legislation that requires privately-owned pay phone providers to post in a prominent place on the phone the charges that a customer may expect to pay, including a way for the customer to determine in advance what charges to expect for long distance charges.

65 ATTEST:

RESOLUTION Selling Practices of Cell Phone Companies

A RESOLUTION TO: Address the abusive nature of selling practices of cell phone companies.

WHEREAS, Seniors, and others are required to sign a one or two year contract; and

WHEREAS, Service area does not have a local number for access, nor a tower for reception; and

WHEREAS, Some cell phones do not work at all, and if cell phone does work, the customer will receive a high bill for roaming charges; now, therefore be it.

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature pass legislation that require cell phone service providers to cancel contracts if no local service is available, or cancel contract within 30 days without charge upon request of customer.

66 ATTEST:

______Albert B. Campbell, Secretary By: Roberta Sund SR 18 Committee: State Affairs

RESOLUTION Restore Telecommunications Infrastructure Fund

A RESOLUTION TO: Restore the Telecommunications Infrastructure Fund (TIF) to a separate dedicated fund.

WHEREAS, TIF, funded by an add-on fee to telephone bills, was dedicated to developing a network infrastructure of computers and information sharing throughout Texas via hospitals, libraries and schools prior to action taken by the 78th Legislature which eliminated the TIF board and redirected these fees into the General Fund; and

WHEREAS, Public schools, universities, libraries, hospitals, mental health facilities and public health units depend on TIF to provide funding for necessary data bases for their professionals, students and clients, including senior citizens, and public libraries depend on grants from the TIF to maintain and nurture the established network and to provide funds for the acquiring of computers and instructors to teach senior citizens how to better their lives by using the internet to buy medicines, stay informed and keep in touch with the outside world; and

WHEREAS, Many senior citizens cannot afford to own their own computer and pay the service fees involved; now, therefore, be it . RESOLVED. That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature to restore the Telecommunications Infrastructure Fund to its original status as a dedicated separate fund.

67 ATTEST:

______Albert B. Campbell, Secretary By: Adalaide Cash Balaban SR 19 Committee Assigned: General

RESOLUTION Protect Delivery of Services during HHSC Transition

A Resolution to: Protect delivery of health and human services during and after the transition of HB 2292.

WHEREAS, The Texas Silver-Haired Legislature recognizes that a modernization program designed to control expenditures and improve delivery of services is a necessary and desirable effort; and

WHEREAS, The Texas Silver-Haired Legislators commend the State for continued examination of all costs. The elimination of duplication and the leveraging of all resources should provide substantial savings; and

WHEREAS, The Texas Silver Haired Legislators recognize the growing number of older adults in the state and the lack of services for seniors. The Texas Silver Haired Legislator's call for the immediate halt of reduction in services to this under-served population; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend to the 79th Texas Legislature that money allocated for the development and maintenance of HB 2292 should not come from cuts to client services.

PASSED AND APPROVED, September 15 , 2004, by the Texas Silver-Haired Legislature.

68 ATTEST:

______Albert B. Campbell, Secretary By: Tom Perkins SR 20 Committee Assigned: General

RESOLUTION Require Prisoners to Pay the Costs of Incarceration

A RESOLUTION TO: Require prisoners to pay the cost of incarceration and prepare them for future responsibility.

WHEREAS, The cost of building and maintaining county jails and the state prison system has become exorbitant to the taxpayers; and

WHEREAS, Prisoners should be held responsible for their personal maintenance during incarceration instead of being held in a state of idleness or leisure or even being entertained; and

WHEREAS, Prisoners should be prepared to return to society in a way that will make them better citizens; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature pass laws that will charge daily fees to pay for room and board, health care, and education during incarceration; that prisoners be provided with jobs in the prison system or community service or private enterprise when possible to earn their keep; and that all prisoners with less than high school education be required to go to school and be charged for their education

ATTEST: 69 ______Albert B. Campbell, Secretary By: Adalaide Cash Balaban SR 21 Committee Assigned: Insurance

RESOLUTION Use of CPT Code

A Resolution to: Require that once a medical facility has assigned a CPT Code to a service or procedure all insurance companies doing business in Texas must include that initial CPT code in any client correspondence related to that procedure.

WHEREAS, Every medical service or procedure is assigned a CPT Code by the medical facility. Each insurance company has a different number system; and

WHEREAS, Many seniors have one or more co-insurance policies that cover services not included in their primary insurance and it is difficult and often impossible to follow the path of payment from one co-insurer to another unless the CPT Code is included with the correspondence; and

WHEREAS, A consistent identifying number will make it possible for the senior client to identify errors, fraud or duplication. The ability to understand and participate in the billing and payment of services will give the client a clear understanding of the cost of the procedure, reduce frustration for the client and reduce waste for the insurer, now, therefore be it.

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact legislation requiring all insurance companies doing business in Texas to include the CPT Code as part of the identification of any claim when corresponding with a client.

ATTEST:

______

70 Albert B. Campbell, Secretary By: Oscar Garcia SR 22 By: Oscar Garcia SR 22 Committee Assigned: State Affairs

RESOLUTION State Court Judicial Review of Cases Involving Medicaid and Other Public Services

A RESOLUTION TO: Repeal Texas Government Code 2001.223(1) and allow state court judicial review of cases involving Medicaid and other public services.

WHEREAS, The United States Supreme Court in 1803 in the case of Marbury v. Madison, held that it is “emphatically the province and duty of the judicial department to say what the law is,” and in 1970 the Court in the case of Goldberg v. Kelly, referred to the “brutal need” that individuals may have for certain public services; and

WHEREAS, The Texas Administrative Procedure Act generally permits persons who have exhausted administrative procedures to have state court judicial review of the final administrative decision, but by virtue of Texas Government Code 2001.223(1) explicitly exempts those cases involving Medicaid, food stamps, or Temporary Assistance for Needy Families – cases involving brutal need -- from state court judicial review; and

WHEREAS, Texas’ peer states do permit state court judicial review of final administrative decisions concerning Medicaid, food stamps and Temporary Assistance for Needy Families and in the federal system judicial review of final administrative decisions is permitted under Medicare, Social Security, and Supplemental Security Income; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature repeal Texas Government Code 2001.223(1) and allow Texas state court judicial review of final administrative decisions concerning the granting, payment, denial or withdrawal of Medicaid, food stamps, and/or Temporary Assistance for Needy Families.

ATTEST:

______Albert B. Campbell, Secretary 71 By: Ruth E. Bowling SR 23 Committee Assigned: Retirement and Aging

RESOLUTION Separate Nursing Homes for Sex Offenders

A RESOLUTION TO: Keep all sex offenders, including those released from prisons, out of our state’s Nursing Homes.

WHEREAS, Residents in nursing homes should be comfortable about their surroundings in a nursing home, and cannot be if a person accused of a sex offense is living in the same building; and

WHEREAS, These same residents are usually not able to fend for themselves, and are vulnerable both from age and infirmity; and

WHEREAS, The Dallas Morning News, July 11, 2004 states there are more sex offenders released from prison living in Texas nursing homes than any other state, with fourteen in the Dallas/Fort Worth area alone; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact legislation to not allow any registered sex offenders to be housed in Texas nursing homes, and that the state provide a separate and secure facility for the said sex offenders.

ATTEST:

______Albert B. Campbell, Secretary By: Oscar Garcia & Imelda Rauschuber SR 24 72 Committee Assigned: Human Services

RESOLUTION Texas Guardianship Program

A RESOLUTION TO: Establish Texas Guardianship Program within the Health and Human Services Commission system.

WHEREAS, Many elderly individuals in Texas become incapacitated by Alzheimer’s disease, dementia, stroke, or chronic mental illness each year and live in peril because they have no family member or friend who is willing or suitable to become their guardian and make medical, residential, and financial decisions on their behalf; and

WHEREAS, Only a few counties in Texas contract with local guardianship programs to serve as guardians for incapacitated individuals without family support, and other counties depend on the Department of Family and Protective Services, Adult Protective Services (DFPS-APS) guardianship program for guardianship services; 28 states specifically name a state agency or guardianship program as guardian of last resort; and yet Texas has no designated statewide public guardianship program and does not specifically name a state agency or guardianship program as guardian of last resort; and

WHEREAS, Texas contributes $100,000 in grants by HHSC with the advice of the Guardianship Advisory Board to local guardianship programs and $400,000 in DFPS-APS emergency fund contracts, compared to the additional $3.5 million currently raised by 20 local guardianship and/or money management programs who provide guardians for over 2,400 wards in 68 counties in Texas; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature recommends that the 79th Texas Legislature authorize HHSC to establish a statewide public guardianship program and require each county in Texas that has specifically allocated funds in its budget for guardianship services to contract with local qualified resources, under rules established by HHSC, to serve as guardians for incapacitated individuals without family support, and to require the HHSC with the advice of the Guardianship Advisory Board to supplement these contracts with State funds and allow Judges with guardianship jurisdiction to participate in the supervision and control of the contracts with State management and oversight to ensure the well-being of the wards.

ATTEST:

______Albert B. Campbell, Secretary By: Jack Holcomb SR 25 Committee Assigned: Human Services

73 RESOLUTION Maintain the Mental Retardation State Schools

A RESOLUTION TO: Continue to maintain the MR State Schools at their present levels or above.

WHEREAS, The closure or reduction in services of the State Schools would cause unimaginable hardships on the thousands of Texas Senior Citizens who are parents of adult/children currently being cared for in State Schools. These parents, most in their seventies or eighties, are not able to care for their severely or profoundly mentally retarded children. The parents do not have the physical, financial, or psychological strength to care for their children if the children were placed back in the homes with the parents; and

WHEREAS, The parents would become prisoners of their children. The parents would no longer be able to perform the most simple social activities; could not attend church, participate in community activities specially designed for the elderly, they would be unable to go out to dinner or to see a movie. They would become virtual captives of their children, sentenced to a lifetime of punishment for crimes which they did not commit; now, therefore be it

RESOLVED, That the Texas Silver-Haired Legislature urge the 79th Texas Legislature to continue, with permanent legislation, the funding and support of the MR State Schools, their residents and their parents. The State must accept its responsibility for the care of those who are unable to care for themselves.

PASSED AND APPROVED September 14, 2004, by the Human Services Committee.

ATTEST:

By: Jim Caldwell SR 27 Committee Assigned: General RESOLUTION Large Print of Prescription Samples

74 A RESOLUTION TO: Require side effects information to be furnished to patients in 8 (eight) point, Times New Roman or Arial font printed by the medical manufacturer.

WHEREAS, All medications, liquid or solid, will have side effects (with manufacturer stating that information such as limited studies taken indicating overall mortality rates as in Glucotrol XL, listing in excess of 90 side effects). and adverse reactions, the unequivocal instructions for accidental overdose and side effects information are in small print and unreadable by the patient and doctor without magnification and, in most cases, manufacturer's description sheets of side effects or adverse reactions given with sample drugs cannot be read with prescription glasses or contacts only, therefore requiring additional magnification; and, WHEREAS,Pharmacies by law are required to furnish side effects and adverse reaction information to patients when prescriptions are filled; yet are loosely governed, if at all, and no records are required to be kept regarding these notifications in easy-to-read laymen language when filling a prescription, and all customers/patients are not always aware of this requirement and thereby do not obtain the side effects or adverse reaction information. Small pharmacies generally enjoy personal relationships with customers, and when a drug is added to an existing patient’s medications, a pharmacist will voluntary issue that laymen's information regarding side effects while major corporate pharmacies and first-time customers usually will not automatically receive laymen's information about side effects; and WHEREAS, Sample drugs given to patients by doctors exclude the pharmacy visit to acquire this information in laymen's terms and manufacturers' information included with samples is usually too small to be read without magnification and these side effects and adverse reactions should be discussed by the patient and doctors; now, therefore be it RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature enact legislation to require all manufacturers issue with all drugs, including samples given patients by doctors or medical personnel, readable side effects and adverse reaction Information printed in a minimum of 8 (eight) point, Times New Roman or Arial font, in order for recipients to be able to discuss more knowledgeably side effects with the doctor of issuance.

______ATTEST: Chris Kyker, Speaker

______Albert B. Campbell, Secretary By: Albert B. Campbell and Oscar Garcia SR 28 Committee Assigned: State Affairs

RESOLUTION Casinos to Operate in Texas

A RESOLUTION TO: Allow well-regulated casinos in Texas with the revenues accruing to the State.

75 WHEREAS, In the exercise of its sovereignty Texas permits well-regulated wagering on horses and dogs, and Texas operates a lottery, and Texas can authorize the establishment and operation of well-regulated casinos; and

WHEREAS, Each year Texans make over seventy million (70,000,000) trips to Louisiana and Oklahoma primarily for the purpose of patronizing casinos. Two out of three casino patrons in those states are Texans. A large percentage are seniors; and

WHEREAS, Well-regulated casinos in Texas would allow for more travel safety and entertainment for seniors, provide additional employment opportunities and bring tourists from other states to play, dine, stay, and shop in Texas. The financial outcome will provide much needed revenues for the State of Texas including additional funds for education and various senior programs; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature take all action necessary to permit the establishment and operation of well-regulated casinos in the State of Texas and that all qualified operators be allowed to participate including American Indian nations.

ATTEST:

______Albert B. Campbell, Secretary By: Naomi Elaine Norton SR 29 Committee Assigned: Human Services

RESOLUTION Restore Support for Texas 2-1-1

A RESOLUTION TO: Restore support for the 25 designated Area Information Centers.

WHEREAS, The most frequent concern expressed by Texans during forums on health and human services was their inability to find information about sources for health and human services; and

76 WHEREAS, The 77th Legislature authorized the implementation of 2-1-1 in the state of Texas in HCR109 and appropriated funding to develop this statewide infrastructure for 2-1-1 access; and

WHEREAS, The Texas Information and Referral Network, a program of the Texas Health and Human Services Commission, was assigned the responsibility to develop, coordinate, and implement a consistent statewide information and referral network, incorporating the national 2-1-1 abbreviated dialing code for consumer access; and

WHEREAS. The 25 regional Area Information Centers were designated to gather, maintain, and update comprehensive information about all health and human services in their specified service area; and

WHEREAS, The 2-1-1 experience shows that previously competitive organizations view 2-1-1 as a shared utility that provides a neutral forum for collaborations and community problem solving, serves as the coordinating tool for information sharing, resource mobilization. and system-wide update during a local or national disaster, enables the technological base to establish common databases for client and resource information for all community partners, provides the local visible focal point and access center for intake and prescreening system for all health and human services; and

WHEREAS, The statewide 2-1-1 system permits consumers to access appropriate services prior to the need becoming a crisis and is best able to divert state resources for service needs with local resources; increases communication between state and Iocal communities thereby encouraging improved planning and coordination; enhances staff productivity by reducing the necessity for clients to call numerous agencies which are not appropriate to meet their needs; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature urges the 79th Texas Legislature to restore the original local/state partnership and financial support to fully implement the technology. training, and 24/7 access of the statewide 2-1-1 system by reinstituting the 50% state dollars to match 50% raised at the local level, and to channel other funds through this Texas based infrastructure to serve as the focal point and prescreening center for all state human services rather than creating another access system through private call centers.

______Albert B. Campbell, Secretary By: Carlos Higgins SR 30 Committee Assigned: State Affairs

RESOLUTION Business Development of Texas Smaller Towns

A RESOLUTION TO: Help stem the “drying up” of Texas’ smaller towns through greater equity for them when public funds are used to recruit business and jobs, and to give voters a say before preferential tax treatment may be used to recruit businesses.

WHEREAS, Public officials routinely use public funds and reduction of taxes to induce businesses to re-locate or expand, and because smaller towns cannot compete with the level of inducements offered by the state and large cities, the smaller towns continue to lose jobs and population; and 77 WHEREAS, The trend of concentrating people and available jobs in huge population centers tends to create more social problems and friction between people, plus the concentrations of people in larger cities presents larger targets for terrorists; and

WHEREAS, Allowing smaller communities to reasonably compete in the state’s economy will promote a greater distribution of the population throughout Texas; and help preserve the positive contributions of family life in smaller communities; and

WHEREAS, Senior citizens who have enjoyed the benefits of being able to choose among communities of various sizes should strive to preserve like choices for our children and grandchildren; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature encourage and strongly recommend that the 79th Texas Legislature establish a date certain after which tax reductions may be offered as inducements to businesses to expand or re-locate only after voters in any jurisdiction exceeding 20,000 population consent to the specific inducement, and inducements by the state involving public funds must be spread equitably among cities and towns of all sizes.

ATTEST:

______Albert B. Campbell, Secretary 10th Texas Silver-Haired Legislature

Consent Resolutions

Tribute Page CR-1 Tribute to 9th TSHL Officers 82 CR-2 Senior Day at the Capitol 83 Support and Assistance CR-14 Texas Association of Area Agencies on Aging 84 CR-15 Texas Silver-Haired Legislature Foundation 85 CR-16 Kathy Kramer and Interns, UT at Austin, School of Social Work 86 CR-17 John Willis, TDoA Liaison to TSHL 87 78 CR-18 Blue Cross and Blue Shield 88 Appreciation CR-22 Governor Rick Perry 89 CR-23 Comptroller Carole Keeton Strayhorn 90 CR-4 78th Texas Legislature – support of 9th TSHL resolutions 91 CR-6 Lu Russell – Parliamentarian 92 CR-7 Representative Peggy Hamric – House Administration 93 CR-8 Speaker Tom Craddick, Texas House of Representatives 94 CR-9 Geoffrey Connor, Texas Secretary of State 95 CR-10 General Greg Abbott, Texas Attorney General 96 CR-11 Capitol Metro Transit 97 CR-12 Austin Police Department 98 CR-13 Sergeant at Arms Rod Welch 99 CR-3 Tribute to Texas Department on Aging: 1981-2004 100 Organization CR-19 Organization of 10th TSHL – Officers 101 CR-20 Organization of 10th TSHL – Executive Committee 102 CR-21 Organization of 10th TSHL –Standing Committees 104

CONSENT RESOLUTION 1

Tribute to the 9th TSHL Officers

WHEREAS, The Eighth Texas Silver-Haired Legislature met and elected officers to serve and lead the legislature during their terms of office; and

WHEREAS, The leaders elected were

SPEAKER CHRIS KYKER

SPEAKER PRO TEM CARLOS HIGGINS

79 DEPUTY SPEAKER PRO TEM CHARLOTTE PARKS

SECRETARY JEAN MCCLOUD

COMPTROLLER BARBARA EFFENBERGER

NOW THEREFORE BE IT RESOLVED, That all members of the 10TH Texas Silver-Haired Legislature express our appreciation and gratitude to the officers of the 9TH Texas Silver-Haired Legislature for their commitment and dedication in providing the able leadership during their terms of office as key advocates for older Texans.

Senior Day at the Capitol

WHEREAS, There are now nearly 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, and as grandparents, mentors, teachers and role models for millions of Texans in younger generations, continue to install cherished values in millions of Texas children; and

WHEREAS, These older Texans reflect not only the ethnic, spiritual and cultural diversity of Texas but also our common bonds, and 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 and our Nation; and

80 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 10th Texas Silver-Haired Legislature request that the 79th Texas Legislature proclaims February 8, 2005, 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.

Appreciation to the Texas Association of Area Agencies on Aging

WHEREAS, The coordination and support of the Texas Association of Area Agencies on Aging (T4A) in conducting the election of 117 Texas Silver-Haired Legislature representatives from the 28 Regions of Texas benefit the Senior population of Texas; and

WHEREAS, The T4A and TSHL 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 reelected members of the 10th TSHL; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature expresses its gratitude to the Texas Association of Area Agencies on Aging for their support of TSHL elections, pre-orientation training, T4A Resource Workbook and its encouragement of TSHL in carrying out our mission of advocacy for older Texans as authorized by Senate Concurrent Resolution 37 of the 69th Texas Legislature. 81 PASSED AND APPROVED on September 13, 2004 by the 10th Texas Silver-Haired Legislature.

CONSENT RESOLUTION 15 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, The Texas Silver-Haired Legislature could not have readily accomplished its goals without the support provided by The Texas Silver-Haired Legislature Foundation; now, therefore be it

RESOLVED, That the members of the 10th Texas Silver-Haired Legislature express our appreciation to and commend highly The Texas Silver-Haired Legislature Foundation for outstanding efforts, dedication and service since 1986.

82 The Tenth Texas Silver-Haired Legislature

Appreciation to Kathy Kramer, PhD., Assistant Dean, School of Social Work, University of Texas

WHEREAS, Kathy Kramer, PhD, Assistant Dean, the School of Social Work, University of Texas at Austin and resource member of TSHL Training Committee and coordinator of UT Interns for the 10th TSHL and Namkee Choi, PhD., Professor of Social Work supervised the Interns; and

WHEREAS, Dr. Kramer has provided guidance, faculty resources and meeting space for the Training committee at the School of Social Work and made arrangements for Jean Ellis Avera, LMSW-ACP and Kathy Armenta, LMSW_ACP, UT faculty to provide without cost to TSHL, leadership training for the 9th TSHL General Session, held September 8-11, 2003, Camp Allan, Navasota, Texas; and

WHEREAS, The assistance provided by Dr. Choi and the Interns enables the 10th Texas Silver- Haired Legislature to conduct the 10th TSHL Legislative Session more efficiently and the opportunity provided to students enables them to gain valuable experiences to enhance their own education; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature expresses our gratitude and appreciation for the generous gift of time and resources provided by Dr. Kramer and Dr. Choi and the generous support and commitment of Interns from the University of Texas.

83 PASSED AND APPROVED September 13, 2004 by the 10th Texas Silver-Haired Legislature.

Appreciation to Mr. John Willis, State LTC Ombudsman

WHEREAS, Mr. John Willis, State Long Term Care Ombudsman for the Texas Department on Aging, now the Department of Aging and Disability Services, has served as TSHL Liaison from the department for the past several years and assisted TSHL in fulfilling its mission authorized under Senate Concurrent Resolution 37 of the 69th Texas Legislature; and

WHEREAS, Mr. Willis made arrangements for printing and binding the TSHL official documents since 2002 without cost to TSHL and kept the State Unit on Aging staff informed of TSHL activities and provided TSHL members timely information on aging issues; and

WHEREAS, In his capacity as state LTC Ombudsman, Mr. Willis trained and certified several TSHL members since 1982 to serve as local ombudsmen; now, therefore, be it

RESOLVED, That the 10th Texas Silver-Haired Legislature expresses our gratitude and appreciation to Mr. John Willis for his generous commitment of time, skills and loyalty through the years to the Texas Silver-Haired Legislature.

CONSENT RESOLUTION 18 Appreciation to Health Care Service Corporation, Blue Cross and Blue Shield

WHEREAS, Health Care Service Corporation known as Blue Cross and Blue Shield awarded TSHL grants in 2003 and 2004 in the amount of $17,460.00 to develop and expand the TSHL Website (www.TxSHL.org) to provide an invaluable communication tool for TSHL members, the aging network, elected officials and the general public; and,

WHEREAS, Members of the 10th TSHL were able for the first time to register their background information, committee preferences online, to file for office and to download and print TSHL official documents, including minutes of the 10th TSHL Orientation Session, held July 12-16, 2004; and

WHEREAS, Effective in the year 2005, the TSHL Website will be able to provide online educational and training courses for TSHL members and the general public; now therefore be it

RESOLVED, That the Tenth Texas Silver-Haired Legislature acknowledge with gratitude and appreciation the generous support of Blue Cross/Blue Shield as sponsor of the TSHL Website since 2003.

PASSED AND APPROVED on September 13, 2004 by the 10thTexas Silver-Haired Legislature.

Rick Perry, Governor of Texas

WHEREAS, The Honorable Rick Perry, Governor of Texas, addressed the Tenth Texas Silver-Haired Legislature on September 14, 2004, during its Legislative Session and commended the TSHL for its positive role in helping to formulate public policy in Texas; and

WHEREAS, Governor Perry, in his role as Executive of this great state of Texas, promotes the protection of Texas senior citizens; and

WHEREAS, Governor Perry specifically expressed his goal of lowering property taxes and expanding home ownership; now, therefore be it

RESOLVED, That all members of the Tenth Texas Silver-haired Legislature express great appreciation to the Honorable Rick Perry, Governor of Texas for his words of encouragement, and most especially for the high priority he gives to Texas senior citizens.

PASSED AND APPROVED on September 15, 2004, by the Texas Silver-Haired Legislature.

Carole Keeton Strayhorn, Comptroller of Public Accounts

WHEREAS, The Honorable Carole Keeton Strayhorn, Comptroller of Texas, addressed the Tenth Texas Silver-Haired Legislature on September 16, 2004, during its Legislative Session and praised the efforts and accomplishments of TSHL on behalf of Texas Senior citizens; and

WHEREAS, Carole Keeton Strayhorn, with energy and passion, expressed her objectives and goals for improving the lives of all Texans, with emphasis on better education and health care; now, therefore be it

RESOLVED, That all members of the Tenth Texas Silver-haired Legislature express great appreciation to Carole Keeton Strayhorn, Comptroller of Texas for her words of encouragement to the TSHL, and most especially for the high priority she places on people programs in Texas.

PASSED AND APPROVED on September 17, 2004, by the Texas Silver-Haired Legislature.

CONSENT RESOLUTION 4 78th Texas Legislature

WHEREAS, The 78th Texas Legislature vigorously supported many of the Ninth Texas Silver- Haired Legislature Resolutions; and

WHEREAS, The Texas Silver-Haired Legislature wishes to thank the Speaker and each member of The Texas House of Representatives and the Lt. Governor and each member of The Texas Senate for the extensive time, effort and deliberations given to the Resolutions and other recommendations presented by the Silver-Haired Legislature, and for passing a variety of legislation beneficial to Texas senior citizens, now therefore, be it

RESOLVED, That The Tenth Texas Silver-Haired Legislature expresses its appreciation and thanks to the Texas Legislature for its confidence in and support of recommendations made by the Texas Silver-Haired Legislature.

PASSED AND APPROVED September 15, 2004 by the 10th Texas Silver-Haired Legislature.

CONSENT RESOLUTION 6 Lu Russell, Parliamentarian

WHEREAS, Ms. Lu Russell, Parliamentarian, is truly a dedicated and highly competent addition to the Texas Silver-Haired Legislature; and

WHEREAS, Sessions of the Tenth Texas Silver-Haired Legislature have progressed more smoothly and efficiently with Ms. Russell's able guidance; now, therefore, be it

RESOLVED, That all members of the Texas Silver-Haired Legislature convey their sincere thanks to Ms. Russell for her invaluable contributions to our organization.

CONSENT RESOLUTION 7 Appreciation to The Honorable Peggy Hamric Member, Texas House of Representatives

WHEREAS, The Honorable Peggy Hamric, Chair of House Administration, Texas House of Representatives, has supported and encouraged the Texas Silver-Haired Legislature in its deliberations and efforts on behalf of Texas senior citizens; and

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 members of the Texas Legislature; now, therefore be it

RESOLVED, That the Tenth Texas Silver-haired Legislature wishes to express deep appreciation and gratitude to Representative Peggy Hamric for her cooperation in scheduling House meeting space with the Texas Silver-Haired Legislature for its Legislative Session, September13-17, 2004.

The Tenth

90 Texas Silver-Haired Legislature

CONSENT RESOLUTION 8 Appreciation to The Honorable Tom Craddick, Speaker Of The Texas House of Representatives

WHEREAS, The Honorable Tom Craddick, 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; and

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; now, therefore be it

RESOLVED, That the Tenth Texas Silver-haired Legislature wishes to express deep appreciation and gratitude to Speaker Tom Craddick for his encouragement and for his cooperation in sharing the House Chambers with the Texas Silver-Haired Legislature for its Legislative Session, September 13 – 17, 2004.

91 CONSENT RESOLUTION 9 Geoffrey Connor, Texas Secretary of State

WHEREAS, The Honorable Geoffrey Connor, Texas Secretary of State, addressed the Tenth Texas Silver-Haired Legislature during its Orientation Session on July 12, 2004, and administered the Oath of Office to members of the Tenth Texas Silver-Haired Legislature; and

WHEREAS, Secretary of State Geoff Connor administered the Oath of Office on September 13, 2004, to those members who were unable to attend the Orientation Session; and

WHEREAS, Texas Secretary of State Connor prepared and delivered the State of Texas official Commission to members of the Tenth Texas Silver-Haired Legislature; now, therefore be it

RESOLVED, That all members of the Tenth Texas Silver-haired Legislature express our deepest appreciation and gratitude to Secretary of State Geoffrey Connor for presenting the Commissions and for his words of encouragement to the Tenth Texas Silver-Haired Legislature.

92 CONSENT RESOLUTION 10 General Greg Abbott, Texas Attorney General

WHEREAS, The Honorable Greg Abbott, Texas Attorney General, addressed the Tenth Texas Silver-Haired Legislature during its Orientation Session on July 14, 2004, and then warmly greeted many members of the Tenth Texas Silver-Haired Legislature individually; and

WHEREAS General Abbott, in guiding the policies and conduct of the Office of the Attorney General, places a very high priority on protecting Texas senior citizens; now, therefore be it

RESOLVED, That all members of the Tenth Texas Silver-haired Legislature express deep appreciation and gratitude to General Greg Abbott, Texas Attorney General, for his words of encouragement, and most especially for the high priority he gives to the protection of Texas senior citizens.

PASSED and APPROVED September 15, 2004 by the 10th Texas Silver-Haired Legislature.

CONSENT RESOLUTION 11 Capital Metro Transit

WHEREAS, The generosity of Capitol Metro Transit in providing transportation for members of the Tenth Silver-Hired Legislature to the Capitol and back during TSHL Legislative Session was most helpful and convenient; and

WHEREAS, Nancy Crowther, Special Transportation Manager, and Rachid Breir, Operations Coordinator of Capital Metro, readily provided their courteous assistance and thereby facilitated the Legislative activities of the Texas Silver-Haired Legislature, now therefore, be it

RESOLVED, That the Tenth Texas Silver-Haired Legislature expresses appreciation and gratitude to Capitol Metro and especially to Nancy Crowther and Rachid Breir for their courtesies and for the timely and dependable transportation assistance.

PASSED and APPROVED on September 15, 2004 by the 10th Texas Silver-Haired Legislature.

CONSENT RESOLUTION 12 Austin Police Department

WHEREAS, The Austin Police Department, under the authority of Chief Stanley Knee, provided great assistance to the Tenth Texas Silver-Haired Legislature during its Orientation Session on July 13, 2004, and

WHEREAS, Senior Police Officer Tim Atkinson and Officers Wesley Hood, Jimmy Spears, Andrew Wesbrook, Chris Frierson, John Long and Gabe Stephenson provided motorcade escort services for members of the Texas Silver-Haired Legislature in a highly professional and courteous manner, reflecting the high standards maintained by the Austin Police Department, and now, therefore be it

RESOLVED, That all members of the Tenth Texas Silver-haired Legislature express great appreciation and high respect for the Austin Police Department for the excellent services rendered by these fine officers.

CONSENT RESOLUTION 13 Rod Welsh, Sergeant At-Arms

WHEREAS, Rod Welsh, Sergeant-at-Arms for the Texas House of Representatives has performed many valuable services and provided timely and efficient support during the Tenth Texas Silver-Haired Legislature's Orientation and Legislative Sessions; and

WHEREAS, The Tenth Texas Silver-Haired Legislature was better able to accomplish its goals for these sessions with the services and support provided by the Sergeant-at-Arms and his staff; now, therefore, be it

RESOLVED, That all members of the Texas Silver-Haired Legislature wish to give special recognition to Rod Welsh and members of his staff for outstanding services provided with efficiency and courtesy, and to express sincere appreciation for his commitment and dedication to his job, to the State, and to the Texas Silver-Haired Legislature.

CONSENT RESOLUTION 3 Tribute to Texas Department on Aging: 1981-2004

WHEREAS, the Texas Department on Aging had its genesis in the early years of growing concern for the health, housing, financial and recreational needs of elderly Texas citizens, made manifest by the Legislature’s Committee on Aging established in 1957 to develop appropriate policies; and

WHEREAS, The Governor and Legislature established follow-on Committees on Aging until, in 1981, the Texas Department on Aging was created; and

WHEREAS, The Texas Department on Aging has been, for more than two decades, a remarkably and decidedly effective and efficient independent state agency focused on better living for elderly Texas citizens; but as a result of legislation in 2003 has now been combined with other government efforts and concerns in a major state agency consolidation; now, therefore, be it

RESOLVED, That all members of the Texas Silver-Haired Legislature wish to pay its highest tribute to the Texas Department on Aging, to its Director and to each and every staff member for this enviable record of decades of outstanding services to Texas senior citizens, which were consistently delivered with exemplary efficiency, courtesy, dedication, focus, and heart-felt care, and to express sincere optimism that this grand level of concern by the State of Texas for its senior citizens will remain prominent and focused within the newly formed state agency.

CONSENT RESOLUTION 19 Election of 10th TSHL Officers

WHEREAS, The 10th Texas Silver-Haired Legislature adopted leadership positions and officers of the Texas Silver-Haired Legislature; and

WHEREAS, During the Orientation Session, the Texas Silver-Haired Legislature met and elected five (5) officers who took their oath of office on July 14, 2004;

NOW THEREFORE BE IT RESOLVED, That the officers of the 10th Texas Silver-haired Legislature shall be as follows:

SPEAKER CHRIS KYKER

SPEAKER PRO TEM CARLOS HIGGINS

DEPUTY SPEAKER PRO TEM CHARLOTTE PARKS

SECRETARY ALBERT CAMPBELL

COMPTROLLER BARBARA EFFENBERGER

PASSED AND APPROVED on September 13, 2004 by the 10thTexas Silver-Haired Legislature.

CONSENT RESOLUTION 20 Election of 10th TSHL Executive Committee

WHEREAS, The Texas Silver-Haired Legislature established an Executive Committee for the purpose of deliberating and taking action in regard to matters of consequence to the Texas Silver-Haired Legislature; and

WHEREAS, Bylaws, ARTICLE VII, and appropriate policies and procedures were approved and promulgated by the Texas Silver-Haired Legislature which define and delineate the authority and responsibilities of the Executive committee; and

WHEREAS, In accordance with the Bylaws, policies, and procedures, the 10th Texas Silver- Haired Legislature met and elected or appointed members to serve on the Executive Committee as representatives of the elderly residents of their respective districts; now, therefore be it

RESOLVED, That the Executive Committee of the 10th Texas Silver-Haired Legislature be composed of representatives as shown in ATTACHMENT A.

PASSED and APPROVED September 13, 2004 by the 10th Texas Silver-Haired Legislature.

ATTACHMENT A

99 The 10th TEXAS SILVER-HAIRED LEGISLATURE 2004-2006

EXECUTIVE COMMITTEE

OFFICERS Speaker Chris Kyker West Central Texas Speaker Pro tem Carlos Higgins Capital Area Deputy Speaker Pro tem Charlotte Parks East Texas Secretary Alert Campbell Brazos Valley Comptroller Barbara Effenberger Alamo

LEGISLATIVE ISSUES COMMITTEE CHAIRS Criminal Justice David Leopard Dallas County Education Bobby Southwood Dallas County General Harthia Bockmon Ark-Tex Health and Human Resources Charles Reinhardt Central Texas Human Services Ruth Bowling Dallas County Insurance Oscar Garcia Tarrant County Retirement & Aging John Leslie Harris County State Affairs Glen Peterson Alamo Utilities & Natural Resources Ralph O'Dell Heart of Texas

ADMINISTRATIVE COMMITTEE CHAIRS Communications Harold Evetts Tarrant County Elections & Credentials Narris Braly Brazos Valley Finance Harvey Fredriksson Heart of Texas Legislative Action Jim Caldwell Capital Operations Elsie Whiteside East Texas

AT-LARGE

Roland B. Anderson South Texas Ivan Arceneaux Houston-Galveston Fred Bell Coastal Bend Nell Clark South East Texas Chester Cunningham Panhandle Lela Foreman Texoma Nancy Foster North Central Texas Doris Griffin Bexar County Joyce Hargrove South Plains Pat Porter Permian Basin Jetta Roberts Rio Grande Brigitte Rogers Concho Valley Jack Sanderson Deep East Texas Roberta Sund North Texas Estella Trevino Lower Rio Grande Walter Weber Golden Crescent The Tenth

100 Texas Silver-Haired Legislature

CONSENT RESOLUTION 21 Organization of 10th TSHL Standing Committees

WHEREAS, The 10th Texas Silver-Haired Legislature has constituted 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 10th Texas Silver-Haired Legislature has constituted standing committees for the purpose of planning and conducting the administrative operations within the functional areas as designated by the title; and

WHEREAS, By-laws and appropriate policies and procedures have been approved and promulgated by the 10th Texas Silver-Haired Legislature that define and fix the limit of the authority and responsibilities of the standing committees; and

WHEREAS, According to the Bylaws, policies and procedures, the governing body met in Orientation Session, July 12-16, 2004 and elected or appointed members to serve on said committees; now, therefore be it

RESOLVED, That the 10th Texas Silver-Haired Legislature establish the following Legislative Issues Committees and Administrative Committees composed of the legislators as shown on Attachments B and C.

ATTACHMENT B

LEGISLATIVE ISSUES COMMITTEES

101 CRIMINAL JUSTICE

David Leopard, Chair Dallas County Naomi Norton, Vice chair Permian Basin Adalaide Cash Balaban, Secretary Southeast Texas Harold Evetts Tarrant County Nancy Foster North Central Texas Joyce Hargrove South Plains Harrison Holloway Dallas County Homer Lear Bexar County Estalene Schultz North Texas Hazel Wright Texoma William Zermeno Golden Crescent EDUCATION

Bobby Southwood, Chair Dallas County Lynn Crisp, Vice chair West Central Texas Lela Foreman, Secretary Texoma Cassie Jean Benham South Plains Sarah Birdsong Ark-Tex Jack Bow Rio Grande Libby Cleveland Panhandle Edward Dylla Bexar County George Lemley East Texas Robert John Osborne Houston/Galveston Margarita Stefano-Rios Central Texas Roberta Sund North Texas GENERAL

Harthia Bockmon, Chair Ark-Tex Jackie Walker, Vice chair Concho Valley Jane Lanier, Secretary Heart of Texas Ivan J. Arceneaux Houston/Galveston Jo Ann McFarland Alamo Manny Najera Rio Grande Ross Neill Deep East Texas Callie Ragon Tarrant County Ingram Smith North Texas Jodene Tackett North Central Texas Elsie Whiteside East Texas

ATTACHMENT B (cont.)

102 HEALTH AND HUMAN RESOURCES

Charles Reinhardt, Chair Central Texas Jetta Roberts, Vice chair Rio Grande Betty Kildahl, Secretary Ark-Tex Alan Abraham Panhandle Adeline Rudel Cathy Houston/Galveston Viola de la Rosa Lower Rio Grande Bette Gunnerson Harris County Imelda M. Rauschuber Texoma Dorothy Rose South Plains Margaret Williamson Southeast Texas Robert Zepeda Bexar County HUMAN SERVICES

Ruth Bowling, Chair Dallas County Walter Weber, Vice chair Golden Crescent Dub Hoffmann, Secretary West Central Texas Fred Bell Coastal Bend Oralia Cantu Coastal Bend Lewis M. Marshall Bexar County James Narramore Ark-Tex Bill Schultz North Texas Howard Stone Tarrant County Alice Stubbs Brazos Valley INSURANCE

Oscar Garcia, Chair Tarrant County Pete Hinojosa, Vice chair Harris County Doris Griffin, Secretary Bexar County Stephen Coycault, Sr. Harris County Chester Cunningham Panhandle Walter Graham West Central Texas Robert Hamilton Deep East Texas Patsy Jo Hancock Brazos Valley Arlie Ray Horn South East Texas Bill Loggins Central Texas Brigitte R. Rogers Concho Valley

103 ATTACHMENT B (cont.) RETIREMENT & AGING

John T. Leslie, Chair Harris County John Tarwater, Vice chair Texoma Dolores Tousignant, Secretary Golden Crescent Donald Brodnax Deep East Texas Adeline Brown Dallas County William J. Bugleholl Tarrant County Nancy Cooper Coastal Bend Thomas V. Perkins Golden Crescent Estella Trevino Lower Rio Grande Betty Trotter Panhandle

STATE AFFAIRS

Glen Peterson, Chair Alamo Sally Johnson, Vice chair Rio Grande Fannie Lovelady Spain, Secretary Central Texas Nell Clark South East Texas Mary Alice Craig Heart of Texas Jack Holcomb North Central Texas Annie Jewel McCarty North Central Tex Ann Pennington Capital Oscar Soliz Coastal Bend Betty Streckfuss Harris County

UTILITIES & NATURAL RESOURCES

Ralph O'Dell, Chair Heart of Texas Jim Brisbin, Vice chair Concho Valley Maxine Golightly, Secretary East Texas Rolland B. Anderson South Texas Narris Braly Brazos Valley Jim D. Caldwell Capital William Harvey Fredriksson Heart of Texas Richard "Dick" Landry Houston/Galveston Pat J. Porter Permian Basin Jack Sanderson Deep East Texas Louis Vannatter Alamo

104 ATTACHMENT C ADMINISTRATIVE COMMITTEES COMMUNICATIONS Evetts, Harold, Chair Tarrant County Tarwater, John, Vice chair Texoma Tousignant, Dolores, Secretary Golden Crescent Arceneaux, Ivan Houston-Galveston Cooper, Nancy Coastal Bend Craig, Mary Alice Heart of Texas Foster, Nancy North Central Texas Golightly, Maxine East Texas Graham, Walter West Central Texas Higgins, Carlos Capital Holloway, Harrison Dallas County Johnson, Sallie Rio Grande Kildahl, Betty Ark-Tex Leslie, John T. Harris County Neill, Ross Deep East Texas Peterson, Glen J. Alamo Rose, Dorothy South Plains Smith, Ingram North Texas Stefano-Rios, Margarita Central Texas Stubbs, Alice Brazos Valley Trotter, Betty Panhandle Williamson, Margaret South East Texas Zepeda, Robert L. Bexar County ELECTIONS & CREDENTIALS

Braly, Narris, Chair Brazos Valley Norton, Naomi, Vice chair Permian Basin Cleveland, Libby, Secretary Panhandle Anderson, Roland South Texas Bow, Jack Rio Grande Cash-Balaban, Adelaide Southeast Texas Caldwell, Jim Capital Cathey, Adeline Houston-Galveston Coycault, Stephen Harris County De la Rosa, Viola Lower Rio Grande Dylla, Edward V. Bexar County Garcia, Oscar Tarrant County Hamilton, Robert Deep East Texas Lanier, Jane Heart of Texas Leopard, David Dallas County Narramore, James K. Ark-Tex Perkins, Thomas V. Golden Crescent Rauschuber, Imelda Texoma Schultz, Estalene North Texas Soliz, Oscar Coastal Bend Spain, Fannie Lovelady Central Texas Tackett, Jodene North Central Texas Vannatter, Louis Alamo Walker, Jackie Concho Valley

105 ATTACHMENT C (cont.) FINANCE COMMITTEE

Fredriksson, Harvey, Chair Heart of Texas Cunningham, Chester, Vice chair Panhandle Streckfuss, Betty, Secretary Harris County Bell, Fred Coastal Bend Bockmon, Harthia Ark-Tex Brodnax, Donald Deep East Texas Brown, Adeline Dallas County Campbell, Albert B. Brazos Valley Crisp, Martha Lynn West Central Texas Effenberger, Barbara Alamo Foreman, Lela Texoma Hargrove, Joyce South Plains Hinojosa, A. G. Harris County Holcomb, John North Central Texas Horn, Arlie Ray South East Texas Landry, Richard Houston-Galveston Lear, Homer W. Bexar County Lemley, George East Texas Loggins, Bill Central Texas Marshall, Lewis M. Bexar County Roberts, Jetta Rio Grande Rogers, Brigitte R. Concho Valley Schultz, Bill North Texas Stone, Howard Tarrant County Weber, Walter Golden Crescent

LEGISLATIVE ACTION COMMITTEE

Jim Caldwell, Chair Capital Ann Pennington, Vice chair Capital Harthia Bockmon Ark-Tex Ruth Bowling Dallas County Oscar Garcia Tarrant County David Leopard Dallas County John Leslie Harris County Ralph O'Dell Heart of Texas Glen Peterson Alamo Charles Reinhardt Central Texas Bobby Southwood Dallas County

106 ATTACHMENT C (cont.) OPERATIONS COMMITTEE

Whiteside, Elsie, Chair East Texas Hancock, Patsy Jo, Vice chair Brazos Valley Porter, Pat J., Secretary Permian Basin Abraham, Alan Panhandle Benham, Cassie Jean South Plains Birdsong, Sarah Ark-Tex Bowling, Ruth Dallas County Brisbin, Cletus Concho Valley Bugelholl, William J. Tarrant County Cantu, Oralia Coastal Bend Clark, Nell South East Texas Griffin, Doris Bexar County Gunnerson, Bette Harris County Hoffmann, C. W. West Central Texas McCarty, Annie Jewel North Central Texas McFarland, Jo Ann Alamo Najera, Manny Rio Grande O’Dell, Ralph Heart of Texas Osborne, Robert Houston/Galveston Pennington, Ann Capital Ragon, Callie Tarrant County. Reinhardt, Charles Central Texas Sanderson, Jack Deep East Texas Southwood, Bobby Dallas County Trevino, Estella Lower Rio Grande Wright, Hazel Texoma Zermeno, William Golden Crescent

107 IMPORTANT DATES July 12, 2004 – September 15, 2006

10th Texas Silver-Haired Legislature: Monday - Thursday, July 12-15, 2004 - The 10th TSHL Orientation Monday - Friday, September 13-17, 2004 – The 10th TSHL Legislative Session December 2004 – 10th TSHL Legislative Report Due Monday, January 11, 2005 – TSHL Executive Committee meeting Tuesday, February 8, 2005 – Senior Day at the Capitol and annual dinner Tuesday, April 12, 2005 – TSHL Executive Committee meeting April 24 - April 27,2005 - Texas Conference on Aging, Omni San Antonio Hotel Tuesday, July 12, 2005 – TSHL Executive Committee meeting Sunday, September 11, 2005 - TSHL Executive Committee meeting Monday - Thursday, September 12-15, 2005 – 10th TSHL General Session October 23-26, 2005 - White House Conference on Aging, Washington D.C. Tuesday, May 23, 2006 – TSHL Election Day Monday - Thursday, July 10-13, 2006 – 11th TSHL Orientation Monday - Friday, September 11-15, 2006 – 11th TSHL Legislative Session

79th Texas Legislature: Monday, November 8, 2004 – Prefiling bills for the 79th Legislature begins Tuesday, January 11, 2005 (1st day) 79th Legislature convenes at noon Monday, May 30, 2005 (140th day) Last day of 79th Regular Session.

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