The 15th Silver-Haired Legislature 2013 - 2015

LEGISLATIVE REPORT

April 27 – May 2, 2014 Texas State Capitol Austin, Texas

LEGISLATIVE AUTHORIZATION Senate Concurrent Resolution 37 69th 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

ii Contents

Transmittal Letter ...... i

Legislative Authorization SCR 37 ...... ii

Table of Contents ...... iii

TSHL Who Are We and Mission Statement ...... iv

Summary of Top 10 Resolutions ...... 1

Summary of All Resolutions ...... 5

Resolutions as Adopted ...... 13

Consent Resolutions Table of Contents ...... 93

Appendices

Appendix A Executive Committee ...... 118

Appendix B Administrative Committee ...... 119

Appendix C Legislative Issues Committees ...... 120

Appendix D Special Committees ...... 121

Appendix E TSHL 2014 – 2015 Schedule of Events ...... 121

The 15th Texas Silver-Haired Legislature at the Capitol ...... 124

iii THE TEXAS SILVER-HAIRED LEGISLATURE WHO WE ARE AND WHAT WE DO

We are volunteers over the age of 60 who have been elected by our peers from 28 regions to serve two- year terms. The Texas Legislature established this senior policy development program in 1985. No State funds have been appropriated for the operation of the Silver-Haired Legislature. We meet in the House of Representatives Chambers of the Texas Capitol and conduct a non-partisan legislative session in even- numbered years.

HISTORY OF THE SILVER-HAIRED LEGISLATURE

The first Silver-Haired Legislature was organized by the State of Missouri in 1973. The concept has now been adopted in 26 states.

The Texas Silver-Haired Legislature (TSHL) was introduced to the Board of Directors by the Advisory Council of the Texas Department on Aging in 1983 where it was listed as a “legislative priority”. A resolution to establish the TSHL was passed by the Board in 1984. The following year, the 69th Texas Legislature adopted Senate Concurrent Resolution #37.

In 1986, planning and implementation was completed by a statewide steering committee together with the Texas Department on Aging Staff, members of the Area Agencies on Aging, and various volunteers. The elected members of the first TSHL met for a five-day training and orientation session in July of 1986. The Secretary of State swore in the first TSHL members on September 29 of that year.

THE TEXAS SILVER-HAIRED LEGISLATURE

Statement of Beliefs

• All Senior Citizens should have the opportunity to achieve dignity and independence. • Senior Citizens experience unique problems. They have special abilities and talents, which result from years of experience. • Good government is the result of the active participation of informed citizens. • Being an informed and active voter is the highest responsibility of citizenship. • Effective and lasting solutions to problems result from involvement of those most closely related to the problems. • Volunteer representatives elected by their peers, having close contact with their constituents, are qualified to discuss issues on aging and recommend solutions to problems of older Texans.

Mission Statement

Older Texans are the fastest growing segment of the population. The Texas Silver-Haired Legislature, which was established by Concurrent Resolution of the in April 1985 (Senate Resolution 37 of the 69th Texas Legislature), provides the opportunity for older Texans to solve problems unique to aging. In addition, the Silver-Haired Legislature can make Texas an even better place for all citizens through programs of education, discussion, and encouraging the involvement of older Texans in legislative and governmental affairs.

Vision Statement

The vision of the Texas Silver-Haired Legislature is that the applied wisdom, energy, and experience of aging will improve the lives of all Texans through education, knowledge, and involvement in legislation and governmental affairs.

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T O P

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R E S O L U T I O N S

1 2 The 15th Texas Silver-Haired Legislature 2014 – 2015

The 15th TSHL passed a total of 76 resolutions during the Legislative Session, April 28 – May 2, 2014, in the Texas State Capitol. The resolutions that follow ask the 84th Texas Legislature for specific actions to benefit older Texans. The TSHL membership selected the “Top Ten” priorities as those most important to older Texans statewide:

Resolution Number Title and Resolve To: Rank and Author

Increase the Personal Needs Allowance for Medicaid Residents in Nursing Homes. R27 RESOLVED, That the 15th Texas Silver-Haired Legislature Jetta encourages and strongly recommends that the 84th Texas Roberts Legislature alleviate the plight of this group of Texas seniors by 1 Carlos setting a level of no less than $75.00 (seventy-five dollars) a month Higgins for the personal needs allowance and making this issue a budget priority.

Restore the Texas Department on Aging RESOLVED, That the 15th Texas Silver-Haired Legislature R34 recommends that the 84th Texas Legislature restore the Texas Chris Kyker Department on Aging, the Texas Board on Aging, and the Carlos Commissioner with authority to adopt appropriate polices, rules 2 Higgins and procedures relating to "grass roots" planning, advocacy and service delivery that focus on our rapidly growing senior population. Preserve or increase Current Funding for Home-Delivered Meals R40 RESOLVED, That the 15th Texas Silver-Haired Legislature urges Jetta the 84th Texas Legislature to direct the Department of Aging and 3 Roberts Disability Services to adjust its ceiling cost to actual cost for Home Delivered meals to the elderly.

Ban the use of hand-held cell phones for texting while driving R11 RESOLVED, That the 15th Texas Silver-Haired Legislature Larry recommends that the 84th Texas Legislature pass legislation to 4 Johnson make Texas the 40th state to ban the use of handheld cell phones for texting by drivers except in the case of emergencies.

3 Provide Dental Benefit for Title XIX Seniors and Seniors With Incomes at or Below 200% of Poverty Guidelines R35 RESOLVED, That the 15th Texas Silver-Haired Legislature urges John P. the 84th Texas Legislature to provide a full dental benefit to all 5 Giovannini seniors receiving Title XIX Medical Assistance and all seniors with incomes at or below 200% of federal poverty guidelines.

Continue to Support the Defined Benefit Pension Plan for Teacher Retirement System Participants R42 RESOLVED, That the 15th Texas Silver-Haired Legislature urges Nancy Byler the 84th Texas Legislature to go on record as supporting the 6 et al. continuation of the Defined Benefit Plan for all retired participants of the Teacher Retirement System of Texas.

Redistricting Reform Using a Nonpartisan Commission R43 RESOLVED, That the 15th Texas Silver-Haired Legislature Albert recommends that the 84th Texas Legislature enact redistricting Campbell 7 legislation or provide for a constitutional amendment (referendum) et al. using a nonpartisan commission approach.

Enact a Statutory Basic Will for Texas R24 RESOLVED, That the 15th Texas Silver-Haired Legislature Mona recommends that the 84th Texas Legislature enact into law the Bailey Jetta creation of simple and low cost statutory wills that reflect seniors' 8 Roberts typical preferences and expectations to encourage them to complete basic estate planning.

Regulate the Payday and Auto Title Lending industry R03 RESOLVED, That the 15th Texas Silver-Haired Legislature Linda recommends that the 84th Texas Legislature pass legislation that 9 Parrish regulates the Payday and Auto Title Lending Industry.

Allow Physicians to Prescribe Marijuana for Medical Purposes RESOLVED, That the 15th Texas Silver-Haired Legislature urges R68 the 84th Texas Legislature to enact laws similar to those in effect Carlos in other states which allow physicians to prescribe marijuana for 10 Higgins medical purposes without fear of being prosecuted under state laws governing the use of marijuana.

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R E S O L U T I O N

S U M M A R Y

5 The 15th Texas Silver-Haired Legislature Adopted Resolutions For the 84th Texas Legislature

The TSHL passed 76 resolutions during our session in the chambers of the Texas House of Representatives April 28 – May 2, 2014. The highlighted resolutions represent our “Top 10” priority resolutions. The author of each resolution is listed. Contact information for our members can be found in our TSHL Directory.

Resolution 15th TSHL Adopted Legislative Resolutions Author Number Enact Legislation for a Formal Hearing so Proposed R01 Ward Can have the Opportunity to Prove his/her Mental Mona Bailey Capacity

Approve passage of the Uniform Adult Guardianship R02 Mona Bailey Protective Proceedings Jurisdiction Act.

R03 Regulate the Payday and Auto Title Lending Industry Linda Parrish

Reinstate Free Fishing License for Texas Senior James T. R04 Citizens, 65 year of Age and Older Hubert, Jr.

Steve R05 Limit Bank Overdraft Fees for Low Income Seniors Coycault/Albert Campbell

Special Certification for Providers of Pedicure and Elsie R06 Manicure Services for Diabetics Whiteside

Pass Legislation to Require the Current Amount Due on Mari R07 Invoices be Shown Clearly Okabayashi

Establish an Information Technology Program in Senior R08 E. Jene Liaci Service Centers for Seniors With Disabilities

Form a Task Force to Study Need for Safe and R09 Linda Parrish Affordable Housing for LGBT Seniors

Requirements for Issuance of Do Not Resuscitate R10 Carlos Higgins (DNR) or Do Not Intubate (DNI) Order

Ban the Use of Hand-held Cell Phones for Texting R11 Larry Johnson While Driving

6 Betty Require Daily Oral Care for Residents in Skilled R12 Streckfuss, Nursing Facilities in Texas et al. Betty Prevent the Practice of Drug "Step Therapy" in R13 Streckfuss, Treatment of Patients et al.

Maintain Medicaid Reimbursement for Nursing Homes R14 Jetta Roberts in Texas at Current Levels or Above

Impound Vehicles Driven by Uninsured Motorists When Stephen R15 Stopped for any Law Violation or Accident Coycault, et al

Allow Teacher Retirement System (TRS) to Establish R16 Permanent Cost of Living Adjustment (COLA) for Public Jerry W. Pybus Education Employees

Increase Funding for Older Blind Independent Living R17 Larry Johnson Program

Create Legislation to Protect the Rights and Income of R18 the Elderly When Water Conservation Districts Assign Louise Butler Rules and Revenues to Groundwater

Carlos R19 Embed Owner's Name in Removable Dentures Higgins/Jetta Roberts

Betty R20 Ban Balance Billing By Non-Network Providers Streckfuss, et al.

Chris Authorize County Commissioners Court to Chose to R21 Kyker/Walter Provide Guardianship Services Graham

Jetta Create a Definition of Undue Influence to Provide R22 Roberts/Alan Protection for Texas Senior Citizens from Exploitation Abraham

R23 Require Minimum Training for All Paid Care-Givers Myron Meier

Mona R24 Enact a Statutory Basic Will for Texas Bailey/Jetta Roberts

7 Chris R25 Reclassify Code for Mental Health Advanced Directives Kyker/Jetta Roberts

Provide Funding To Correct Projected Shortfalls in R26 Larry Yawn TRS-Care

Jetta Increase the Personal Needs Allowance for Medicaid R27 Roberts/Carlos Residents in Nursing Homes Higgins Allow Courts with Guardianship Jurisdiction to Conduct Jetta R28 Adult Guardianship Hearings at any Suitable Location Roberts/Mona as Court Determined Bailey

Legislate a Required Program for 20% of Continuing Betty R29 Education Courses to be Devoted Solely to Geriatric Streckfuss, Medicine for all Health Care Professionals et al.

Allow Birth Information to be Revealed Only at a R30 Jamie Larson Prescribed Date After the Individual's Death

Require That All Texas Electricity Generators Invest in John P. R31 Fixed Percentage of Their Revenue for Upgrading the Giovannini Distribution Grid

Pass Legislation to Restore Full Regulation Of Natural John P. R32 Gas Price for All Uses And Limit Price per Therm Giovannini

Restore Full Regulation of All Retail Electricity John P. R33 Generated in Texas and Limit the Rate Per Kwh Giovannini

Chris R34 Restore the Texas Department on Aging Kyker/Carlos Higgins

Provide Dental Benefit for Title XIX Seniors and Seniors John P. R35 With Incomes at or Below 200% of Poverty Guidelines Giovannini

Require Hospitals to Maintain in Writing the Policies R36 Carlos Higgins and Practices Followed re DNR and DNI

Urge the Retention of "Energy Only" Markets to Reduce R37 Louise Butler Electrical Costs for Seniors

8 Mary Margaret Protect Residents' Rights in Assisted Living Facilities in R38 Sturdivant/Pat the Event of Involuntary Discharges Dorrough

Form a Task Force to Study the Need for Safe and R39 Ruth Bowling Affordable Housing for Seniors with Limited Income

Preserve or Increase Current Funding for Home R40 Jetta Roberts Delivered Meals Betty Requirement of Geriatric Education by Those Attending R41 Streckfuss, Schools of Health Professions in Texas et al.

Continue to Support Defined Benefit Plan for Teacher Nancy Byler et R42 Retirement System Participants al.

Albert R43 Redistricting Reform Using a Nonpartisan Commission Campbell et al.

Stephen Protect Seniors from Gang and Criminal Combinations Coycault/ R44 by Changing the Texas Penal Code Albert Campbell

R45 Establish a Medicaid Managed Care Ombudsman Mona Bailey

Increase By 10% the State Portion of Texas Senior R46 Alan Abraham Corps Funding

Form a Task Force to Study the Need for Disclosure James T. R47 and Safeguards for Seniors Obtaining Reverse Hubert, Jr. Mortgages

Allow Flexibility for Home Delivered Meals for Mari R48 Emergency Demand or to Prevent Long Waits Okabayashi

Require and Fund Training for Front Line Mental Health R049 E. Jene Liaci Workers

Carlos Pass Legislation to Consider Mobility and Coordinated R50 Higgins/Mari Transportation Resources in Walkable Communities Okabayashi

9 E. Jene Ensure Full Accommodations Under the Americans with R51 Liaci/Larry Disabilities Act (ADA) in Senior Full-Service Centers Johnson

R52 Increase the Base Pay of Direct Care Workers Larry Johnson

Require the Name and Room Number of Convicted Betty Sexual Predators be Noted for Public Information in R 53 Streckfuss, Place of Residence and Posted in a Place Accessible et al. to Visitors and Prospective Residents

Explore and Recommend Requirements for Registries Carlos Higgins, R54r Containing Patients' Medical Records et al

Albert Re-Establish Gaming Activities on Texas Native R55 Campbell, et American Reservations al.

Chris Kyker, et R56 Establish the Texas Transition of Care Coalition al.

Create an Independent Facilities Review Task Force to R57 Determine Feasibility and Future of State Supported Linda Parrish Living Centers

R58 Juror Exemption Option for Grandparents Linda Parrish

Allow Universal Specialty License Plate for All Veterans R59 Jerry W. Pybus Living in Texas at Standard Cost

Stephen Require Headlight Adjustment to be Made in State Coycault/ R60 Inspections Albert Campbell

Betty R061 Legislation to Honor Texas Independence Each March Streckfuss, et al.

Create a Definition of Identity Theft as Exploitation of R62 Jetta Roberts the Elderly

Establish a Texas Guardianship Task Force to R63 Linda Parrish Recommend Reform

10 Require Skilled Nursing Facilities to Notify the AAA Mary Margaret R64 Ombudsman at the Time of Involuntary Discharge Sturdivant/Pat Notice and Elevate the Administrative Penalty Dorrough

Manley Simplify Complex and Complicated Language and R65 Denton/James Acronyms in Insurance Policies T. Hubert, Jr.

Enact Legislation for a Supported Decision-Making R66 Mona Bailey Agreement as Alternative to Guardianship

Local Option Elections to Authorize Casinos After Carlos Higgins, R67 Statewide Authorization et al

Allow Physicians to Prescribe Marijuana for Medical R68 Carlos Higgins Purposes

Authorize State Preservation Board to Develop a Plan R69 for Improving Access to State Capitol Building for Chris Kyker Persons with Mobility Impairments

R70 Create a Model for Comprehensive Immigration Reform Linda Parrish

Pass a Bill that Prohibits All Third-Party Telephone Carolyn E. R72 Billing Williamson

Support Medical Care Insurance Coverage for R73 Carlos Higgins Emergency Care Provided by EMS

Establish a Statewide Inter-Agency Mobility Rudolfo "Rudy" R74 Coordinating Council Cantu, et al.

Pass Legislation to Establish a Texas Comprehensive John P. R75 Homeowners Insurance Program Giovannini

Require the Department of Health and Human Services A. G. "Pete" R76 to Research CRPS Hinojosa Sr.

Pass "Options for Texas Patients" Legislation to Carolyn E. R77 Provide End of Life Information and Referral to a Williamson Licensed Master in Social Work (LMSW)

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C O N S E N T

R E S O L U T I O N S

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A P P E N D I C E S

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Better Texas Through the Ages

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