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2011-2013

September 10-14, 2012 Texas State Capitol

Austin, Texas

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Honor the Texas flag;

I pledge allegiance to thee, Texas, One state under God, One and indivisible.

Representative Debbie Riddle and others authored an amendment to the pledge by House Bill

1034 during the 80th Legislature with the addition of "one state under God." The revised

wording became effective on June 15, 2007.

The flag was adopted as the state flag when Texas became the 28th state in 1845. As with the flag of the United States, the blue stands for loyalty,

the white represents strength, and the red is for bravery.

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The Texas Silver-Haired Legislature

Walter Graham, Speaker

December 1, 2012

14th

TSHL OFFICERS

WALTER C. GRAHAM Speaker

West Central Texas Cisco BETTY LEE STRECKFUSS Speaker Pro Tem

Harris County Spring ALBERT B. CAMPBELL Deputy Speaker Pro Tem

Brazos Valley Bryan PAT J. PORTER Secretary

Permian Basin Big Spring C. BRUCE DAVIS Comptroller

West Central Texas Abilene

To: Texas State Officials

The Texas Legislature is to be commended for their time and effort on behalf of the citizens of Texas. Your past support of issues facing the older population is appreciated. This group continues to grow at a fast rate and there will be many decisions that must be made in providing essential services for them. The Texas Silver-Haired Legislature is ready and willing to help in any way.

TSHL has worked diligently to gather issues of concern to the older population from all areas of Texas. We have conducted Town Hall meetings, met with State, County, and local officials, and visited with senior citizens in nursing homes, assisted living, retirement centers, and with seniors individually.

The 65 resolutions that I am pleased to present is a result of the work of TSHL members from across Texas and concluded with the 14th TSHL Legislative session held at the State capitol on September 10-14, 2012. It is with pride that I present these resolutions to the Governor, 83rd Texas Legislators, and the Department of Aging and Disability Services.

Transmittal of these resolutions is by authority of Senate Concurrent Resolution 37 adopted by the 69th Texas Legislature and signed by Governor

Mark White on April 11, 1985.

We appreciate the support and assistance you have shared with TSHL throughout the years and are ready to assist to enhance the quality of life of

older Texans.

Sincerely,

Walter C. Graham, Speaker

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451 CR 154, Cisco TX 76437 Phone: 254.629.1403 Email: [email protected] Website: www.txshl.org

mailto:[email protected]

http://www.txshl.org/

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TEXAS LEGISLATIVE AUTHORIZATION TO ESTABLISH THE TEXAS SILVER-HAIRED LEGISLATURE

Senate Concurrent Resolution 37

69th Texas Legislature Sponsors: Senator Hugh Parmer and Representative Jerry Clark

WHEREAS, Older Texans are the fastest growing segment of the population with the number of persons

over the age of 60 in Texas having increased 32 percent between 1970 and 1980; and

WHEREAS, Many older Texans recognize the need to develop a better understanding of the legislative

process through participation in this process of state policy development; and

WHEREAS, It is most appropriate in problem solving to involve those closely related to the problems in

order to ensure more effective, lasting solutions; and

WHEREAS, A Silver-Haired Legislature is a model legislative session in which older Texans are elected

by their peers to meet at the State Capitol to initiate and debate policy alternatives to deal with the

problems that affect them; and

WHEREAS, Silver-Haired Legislatures have been used effectively in other states to inform elderly

persons about the legislative process, to serve as a forum where the elderly can discuss policy issues on

aging, and to recommend solutions to the problems of older Texans; now, therefore,

be it

RESOLVED, By the Senate of the State of Texas, the House of Representatives concurring, that the

Legislature of the State of Texas supports the development of a biennial Silver-Haired Legislature in

Texas; and, be it further

RESOLVED, That the Legislature of the State of Texas allow its chambers and meeting rooms, and other

assistance as determined by the committee on House Administration and the Senate Committee on

Administration, to be used by the Silver-Haired Legislature at a time that does not interfere with the

regular biennial sessions of the legislature, special called sessions, or meeting of interim Legislative

Committees; and, be it further

RESOLVED, That recommendations formulated by the Silver-Haired Legislature be submitted to the

Governor of the State of Texas, the Texas Legislature, and the Texas Department on Aging at the close

of the Silver-Haired Legislative Session.

Passed by 69th Texas Legislature April 3, 1985 W.P. Hobby, President of the Senate

Gib Lewis, Speaker of the House Signed by Governor Mark White April 11, 1985

Filed in Office of Secretary of State April 12, 1985

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CONTENTS

Transmittal Letter 3

Legislative Authorization SCR37 4

TSHL History & Vision 6

Top 10 Resolutions Summary 7

TSHL Resolutions Roster 10

Adopted Resolutions 14

Consent Resolutions 81

Appendices

Appendix A, Executive Committee 103

Appendix B, Administrative Committees 104

Appendix C, Legislative Issues Committees 105

Appendix D, Special Committees 106

Appendix E, Schedule of Events 2012-2013 107

TSHL Code of Behavior 108

The 14th TSHL at the Texas State Capitol 109

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The Texas Silver-Haired Legislature

1985-2012 The first Silver-Haired Legislature was organized in 1973 in the State of Missouri. Since its inception, thirty-one states have founded Silver-Haired legislatures. The Texas Silver-Haired Legislature (TSHL) idea was first conceived in 1979. By 1983, the Citizens Advisory Council of the Texas Department on Aging (TDoA) identified the creation of TSHL as one of the council’s legislative priorities. A resolution to establish the TSHL was passed by the Texas Board on Aging in 1984. The 69 th Texas Legislature adopted the enabling legislation, SCR number 37, April 3, 1985, which the Governor signed April 11, 1985. A state steering committee, TDoA staff, area agency on aging staff and councils and hundreds of volunteers throughout the state organized and developed the new organization in 1985. The 116 elected TSHL members met for the first time for an orientation session in July 1986. The 1st TSHL Legislative Session began when the group took the oath of office on September 29, 1986, but the work of the organization was just beginning. Since 1985, nearly 650 older Texans have served as Texas Silver-Haired Legislators and have identified 686 + issues concerning older adults in Texas, 1985-2012.

The TSHL Vision Statement

The applied wisdom, energy and experience of aging will improve the lives of all Texans

through education, knowledge and involvement in legislative and governmental affairs.

The work of the Texas Silver-Haired Legislature has resulted in passage of laws contributing to the improved quality of life for older Texans. Significant laws included:

Establish Legislative Committee on Aging.

Freeze city, county & junior college districts taxes for homesteads of elderly & disabled.

No eminent domain used for private gain.

Include senior & disabled homeowners in public schools property tax reduction.

Increase monthly personal needs for nursing home residents from $45 to $60.

Establish Silver Alert for missing seniors.

Lifespan respite services program.

Limit property taxes for veterans with 100% service related disability.

Constitutional amendment determining homestead market value for ad valorem tax.

Fall Prevention Week

Expand home delivered meals in rural areas

Provide a cap of $250,000 for non-economic damages awarded by juries for malpractice lawsuits.

Allow grandparent caregivers to enroll grandchild in school & provide access to state programs

Criminal history checks of employees and applicants at special care facilities. No contact until criminal background is done.

Restore utility Safety Benefit Fund for low-income discount program.

Theft of a military grave marker

Assure no fewer than 28 Area Agencies on Aging in Texas

Permit AAA benefit counselors to help clients prepare advance directives.

Creation of volunteer advocate program for elderly persons.

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The 14th Texas Silver-Haired Legislature 2011-2013

TOP TEN RESOLUTIONS

The 14th TSHL passed a total of 65 resolutions during the Legislative Session, September 10-14, 2012, in the Texas State Capitol. The resolutions that follow ask the 83nd 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

R13

Increase the Personal Needs Allowance for Medicaid residents in nursing homes.

RESOLVED, That the 14th Texas Silver-Haired Legislature recommends that the 83rd Texas Legislature alleviate the plight of this group of Texas seniors by setting a level of no less than $75.00 (seventy five dollars) a month for the personal needs allowance and making this issue a budget priority.

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R24

Eliminate 30 day Waiting Period to Start Approval Process for Medicaid Recipients Entering Nursing Homes.

RESOLVED, That the 14th Texas Silver-Haired legislature encourages and strongly recommends that the 83rd Texas Legislature enact legislation that instructs DADS to eliminate the 30 day waiting period to start the approval process for Medicaid recipients entering Nursing Homes.

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R9

Cap Annual Property Valuation Increases on Homesteads At 5% Unless Voter Approved.

RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to require voter approval before homestead property valuations may be increased by more than 5% annually.

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R39

Assure Adequate Funding For Home-Delivered Meals

RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to assure adequate current funding for home-delivered meals to the senior citizen

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R36

Expand Long-term Care Ombudsman Services in Assisted Living Facilities

RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83nd Texas Legislature to allocate $2.9 million to expand the Long-term Care Ombudsman services in assisted living facilities with the addition of ALF ombudsmen for the 28 area agencies on aging and one FTE at DADS state office to provide training and staff support to the new positions in order to help residents maintain their rights and receive individual care, promote an environment of respect, dignity, choice and self-determination and to assure each person receives optimal care and quality of life.

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Resolution Number

Title and Resolve To: Rank

R8

Enact A Statutory Basic Will for Texas

RESOLVED, That the 14th Texas Silver-Haired Legislature recommends that the 83rd Texas Legislature enact into law a Texas statutory basic will.

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R19

Preserve The System Benefit Fund (Lite-Up Texas)

RESOLVED, That the Texas Silver-Haired Legislature encourages and strongly recommends that the 83rd Texas Legislature amend Section 39.903 of the Utilities Code to exempt the System Benefit Fund from the budget certification accounting process and to allow the Public Utilities Commission of Texas to expend the GR 5100 Account for its stated regulatory purposes.

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R43

Protect Medical Patients from Balance Billing, a.k.a. Bushwhack Billing.

RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to simply ban balance billing by non-network providers as several other states have done, or at least control to some reasonable degree this financial trap within our medical care system that is ensnaring too many citizens, especially Texas’ senior citizens.

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R03

Allow Specialty License Plates for All Veterans at No Extra Cost

RESOLVED, That the 14th Texas Silver-Haired Legislature recommends that the 83rd Texas Legislature allow any “Honorably Discharged” veteran to apply for a license plate that includes the word “VETERAN” at no additional cost.

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R04

Require Headlight Adjustment To Be Included In State Inspections.

RESOLVED, That the 14th Texas Silver-Haired Legislature recommends the 83rd Texas Legislature require headlight adjustment be included in State safety inspections and that there not be any additional charge for correcting adjustment to manufacturer’s standards.

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TSHL members filed 98 resolutions and passed 65, which are included in numerical order. Omitted numbers represent resolutions that were not adopted.

The Top Ten Priorities are in bold print.

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The 14th Texas Silver-Haired Legislature Resolutions Roster

Res No.

14th TSHL Adopted Resolutions

R01

Redistricting Reform Using a Nonpartisan Commission

R03 Allow Specialty License Plates for All Veterans at No Extra Cost

R04

Require Headlight Adjustment to be Included in State Inspections and, If Needed, No Charge for Correcting Adjustment to Manufacturer’s Standards.

R05

Create and Enforce Laws to Provide Funds for Upgrading and Maintaining County Roads by Responsible Industries.

R06

Establish a Statewide Coordinated & Seamless Transportation Environment for Seniors and People with Disabilities

R07

Require Seatbelts and Safety Glass in Charter Buses

R08 Enact a Statutory Basic Will for Texas

R09 Cap Annual Property Valuation Increases on Homesteads at 5% Unless Voter Approved

R10

Abolish Bank Overdraft Fees for Low Income Seniors

R11

Allow Impoundment of Vehicles Driven by Uninsured Motorists

R12 Pass Legislation Against the Use of Step Therapy

R13 Increase the Personal Needs Allowance for Medicaid Residents in Nursing Homes

R14

Create a Definition of Undue Influence to Provide Adequate Protection for Texas Senior Citizens from Exploitation

R15

Exempt Medal of Honor and Legion of Valor Veterans from Toll Fees on Texas Toll Roads

R16

Develop Hospital Standards of Care for Treating People with Intellectual and Developmental Disabilities

R17 Amend Family Code to Provide for Grandparents Protection and Support Act

R18

Determine Feasibility and Future of State Support Living Centers

R19

Preserve the System Benefit Fund (Lite-Up Texas) for its Regulatory Purpose of Assistance to Low-Income Families, Including elderly, in Deregulated Electric Markets

R20

Conduct Adult Guardianship Hearings at “Any Suitable Location” as Determined by the Court

R21 Approve Passage of Uniform Adult Guardianship Protective Proceedings Jurisdiction Act

R23 Create a definition of Identity Theft as Exploitation of the Elderly

R24 Eliminate 30 day waiting period to start approval process for Medicaid recipients entering Nursing Homes

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Res No.


R25 Promote Vaccination of Older Adults for Prevention of Bacterial Pneumonia

R26 Local Option Elections to Authorize Casinos

R27 Allow Meals by Mail for Emergency Demand or to Prevent Wait Lists

R28

Raise the Cap Limit in Small Claim Court to $15,000.00

R29 Adult Protective Services Client Seamless Protection Court Order Changes

R30

Modify Human Resources Code to Strengthen Prohibition Against Revealing the Identity of Those Reporting Abuse

R31 Juror Exemption Option for Grandparents

R32 Continue to Support Defined Benefit Plan for Teacher Retirement System Participants

R33

Legislate that Payday and Title Loan Payments Will Be Applied to Principal First, Limit Number of Rollovers, and Require Stricter Underwriting

R34

Encourage Health and Human Services Commission to Provide Dental Care for Semi-dependent Seniors Living at home

R35 Create Legislation to Construct More Water Conservation Resources

R36 Expand Long-Term Care Ombudsman Services in Assisted Living Facilities

R37 Pass a Nursing Home Quality Care Bill

R39

Assure Adequate Funding for Home-Delivered Meals

R40

Require Specific Emergency Planning and Training be Added to Nursing Home Disaster Preparedness Plan

R43 Protect Medical Patients from Balance Billing, a.k.a. Bushwhack Billing

R47 Require Court Training for Guardians

R49 Cease and Desist Unfunded Mandates by the Texas Legislature

R50 Create a Durable Mental Health Power of Attorney

R51 Increase Medicaid Reimbursement for Nursing Homes in Texas

R52 TDHCA Restore the Elderly” as a Major Priority for Affordable Housing

R53 Require TDHCA to Furnish Basic Services in Proposed Elderly Housing Projects

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R54

Maintain Current Funding for Senior Corps Programs in Texas

R55

Increase State Contribution Rate to Texas Retired Teachers Pension Fund by .5% (1/2 of 1%)

R56

Require Utility Companies to Notify Property Owners of Potential Interruptions with Contact Number Furnished and Timely Repair

R57

Require Mandatory Sales Price Disclosure on All Commercial and Residential Properties To Achieve Property Tax Equality

R58

Establish Two Pilot Sites to Evaluate Effectiveness of the Volunteer Advocate Program for the Elderly (HB4154, 81st Texas Legislature)

R59 Allow Local Areas to Claim Federal Funds, Pro Rata

R60

Education and Training Qualifications for Managers and staff of Assisted Living Facilities and other Care Facilities

R61 HHSC to Study Service Needs of Texans over 60 with Intellectual & Developmental Disabilities

R62 Reinstate Funds for the Lone Star Libraries Grant

R63 Insurance Company Penalties for Failure to Make Prompt Payment on Claims

R64 Legislature Establish Free Service to Locate Unclaimed Benefits

R65 Protection for Vulnerable Electric Customers

R66 Support the Missing in America Project to Identify and Inter Veteran Cremains

R67 Establish Computer-Electronic Accommodation Program in Senior Service Centers for Seniors with Disabilities

R69 Require Specific Geriatric Training in All Texas Schools of Health Care Education

R75 Return the State Contribution Rate for Texas Retired School Employees Back to 1.0%

R76 Reinstate Free Fishing and Hunting License for Seniors 65 Years of Age and Older

R79 Require Insurance Companies to Report Immediately Canceling or Expired Liability Auto Insurance to the Department of Public Safety and Revoke Driver’s License

R80 Governmental Entities to Use “Complete Streets” Designs and Policies

R81 Provide Family Caregiver Training for Families of People with Disabilities

R82 Restore 2010 Funding Level for Texas Long Term Care Institute

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By: Albert Campbell, Linda Parrish, Carlos Higgins, Stephen Coycault, Cecilia Crossley, Elsie Whiteside, Ted Hubert, Jerry Pybus, Alan Abraham, Paula Johnson, Nancy Byler, Juretta Marshall. Trini Garza, Doris Griffin, Adalaide Balaban, Robert Fitzgerald, Robert Smith, Jeraldine Hubbard, Charlynne Elliott, Norma Mena, Christine Johnson, Billie Erwin, Mona Bailey, Estella Tyson, Jim Hitt, Jack Fisk, Arnold Oliver, Jane Lanier, Barbara Aydlett, Lynn Chambers

R01

Committee Assigned: State Affairs Committee

Redistricting Reform Using A Nonpartisan Commission

A RESOLUTION TO: Utilize a nonpartisan commission to draw State legislative and congressional districts according to data from the next decennial census.

WHEREAS, Current Texas redistricting procedures create districts that dilute the voting strength of language, ethnic and racial minorities, create unnatural and disjointed geographical boundaries, cause extensive delays in primary elections and do not allow representatives to truly represent their constituents; and

WHEREAS, Redistricting by the political parties in power institutionalize party-line voting, requires the intervention of courts and ensures that lawmakers will not face accountability which is demanded in our democracy; and

WHEREAS, When redistricting occurs at the pleasure of the parties in power, the political center shrinks, compromise (which is the very heart of democracy) is nearly impossible and independence of thought and action is lost; now, therefore, be it

RESOLVED, That the 14th Texas Silver-Haired Legislature recommends that the 83rd Texas Legislature enact redistricting legislation using a nonpartisan commission approach to redistricting which allows redistricting to take place in an efficient and timely manner without political gridlock or gerrymandering.

PASSED AND APPROVED on September 10, 2012, by the State Affairs Committee.

_______________________________ Mona Bailey, Chairman

PASSED AND APPROVED on September 11, 2012, by the Texas Silver-Haired Legislature. ___________________________ Walter Graham, Speaker

ATTEST: ___________________ Pat J. Porter, Secretary

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By: Jerry W. Pybus R03 Committee Assigned: State Affairs

Allow Specialty License Plates for All Veterans at No Extra Cost

A RESOLUTION TO: Provide all qualifying veterans a license plate with the word ”VETERAN” at no additional cost. WHEREAS, Sec.504.002 of the Transportation Code under Title 7. Vehicles and Traffic, Chapter 504.002 states (1)…that any vehicle is eligible to be issued specialty license plates to accommodate or reflect its use on a motor vehicle...and (2) an application for specialty license plates must be submitted in the manner specified by the department, provided that if issuance of a specialty plate is limited to particular persons or motor vehicles, the application must be accompanied by evidence satisfactory to the department that the applicant is eligible; and WHEREAS, The Transportation code already authorizes specialty “Military License Plates” including active military, WWII, Korea, Vietnam, Gulf War and Afghanistan veterans, and special medal plates (Purple Heart, Silver Star, etc.); and the Texas Department of Motor Vehicles has suggested that this resolution “mirror” the statues for military plates already approved; and WHEREAS, A person applying for a set of plates under subchapter SEC 504.3015 pays the regular registration fee required under Chapter 502 with no other fee; now, therefore be it, RESOLVED, That the 14th Texas Silver-Haired Legislature recommends that the 83rd Texas Legislature allows any “Honorably Discharged” veteran to apply for a license plate that includes the word “VETERAN” at no additional cost. PASSED AND APPROVED on September 10, 2012, by the State Affairs Committee.

_______________ _______________________________ Mona Bailey, Chairman PASSED AND APPROVED on September 11, 2012, by the Texas Silver-Haired Legislature. ___________________________ Walter Graham, Speaker

ATTEST: __________________________ Pat J. Porter, Secretary

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By: Stephen Coycault and Albert Campbell R04 Committee Assigned: State Affairs

Require Headlight Adjustment to Be Included in State Inspections And, If Needed, No Charge

For Correcting Adjustment To Manufacturer’s Standards

A RESOLUTION TO: Require that headlights on licensed vehicles be properly adjusted to manufacturer’s standards.

WHEREAS, Many drivers including seniors have difficulty driving at night because of poorly adjusted headlights which often result in crashes and prevents drivers from driving during dark hours; and

WHEREAS, Many worthwhile activities including those that are church-related are scheduled during the evening hours and many drivers including seniors are unable to participate due to headlights that are blinding; and

WHEREAS, Licensed vehicles in Texas are required to pass safety inspections which do not include headlight adjustments resulting in un-safe conditions for drivers especially seniors who have eyesight problems which are exacerbated and increased by glaring mal-adjusted headlights; now therefore be it RESOLVED, That the 14th Texas Silver-Haired Legislature recommends the 83rd Texas Legislature require headlight adjustment be included in State safety inspections and that there not be any additional charge for correcting adjustment to manufacturer’s standards. PASSED AND APPROVED on September 10, 2012, by the State Affairs Committee.

_______________________________ Mona Bailey, Chairman PASSED AND APPROVED on September 11, 2012, by the Texas Silver-Haired Legislature. ___________________________ Walter Graham, Speaker ATTEST: ______________________ Pat J. Porter, Secretary

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By: Dr. Bob Fitzgerald and Brigitte Rogers R05 Committee Assigned: Rural - Urban

Create and Enforce Laws to Provide Funds for Upgrading and Maintaining County Roads by Responsible Industries

A RESOLUTION TO: Require responsible industries to provide funds for upgrading and maintaining county roads. WHEREAS, In recent years there has been an overwhelming increase in oversize truck traffic on county roads in multiple areas of Texas, causing an alarming increase in destruction of county roads and resulting in accidents and fatalities, and WHEREAS, Current traffic overcrowding by the trucking, oil and gas industry, etc. on inadequate county road infrastructure is projected to persist for decades into the future, and WHEREAS, Current Texas laws do not provide county government a means of obtaining revenue from the industries responsible for the increased destruction of county roads, and county tax revenues alone are inadequate to provide the necessary funds to improve and maintain these overburdened county roads to make them safe for Senior Citizens and the traveling public; now, therefore, be it RESOLVED, That the 14th Silver Haired Legislature urges the 83rd Texas Legislature to provide county governments means of collecting revenues in form of a Memorandum of Understanding between the county and the responsible industries, including but not limited to fines, user fees, or tolls, or requiring the industries responsible for causing the unsafe conditions of the county roads, to provide funds directly to the involved counties for upgrading and maintaining their county roads to better ensure the safety of our Senior Citizens and the traveling public. PASSED AND APPROVED on September 10, 2012, by the Rural-Urban Affairs Committee.

Brigitte R. Rogers

__________________________ Brigitte R. Rogers, Chairman

PASSED AND APPROVED on September 11, 2012, by the Texas Silver-Haired Legislature. ___________________________ Walter Graham, Speaker ATTEST: _____________________________ Pat J. Porter, Secretary

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By: Richard Garnett and Mark Walsh R06

Committee Assigned: State Affairs

Establish A Statewide Coordinated & Seamless Transportation Environment For Seniors and People With Disabilities

A RESOLUTION TO: The Texas Legislature should pass legislation to establish rules and policies making disparate and separate transportation funding streams more easily coordinated, resulting in more coordinated and seamless local transportation systems for seniors and people with disabilities, including rural areas of Texas. WHEREAS, Communities throughout Texas lack comprehensive and coordinated community transportation systems which impairs the ability of seniors and people with disabilities to get a job, prevents many from enjoying a quality of life and serves as a barrier against shopping, going to the pharmacy, going to church and enjoying other such activities; and WHEREAS, There have been few legislative initiatives to tackle the comprehensive systems needs for transportation in Texas and while there have been some contracts by the Health and Human Services Commission for medical & non-medical transportation, thereby helping individual & isolated groups of people in need, this scattered funding & disparate systems have not addressed the systemic & comprehensive nature of the problem, so further research and analysis needs to be conducted; and WHEREAS, The main source of existing funding coordination comes from the Public Transportation Division (PTD) of the Texas Department of Transportation (TxDOT) who administers the Federal Transit Administration (FTA) Elderly Individuals and Individuals with Disabilities Transportation Program, commonly known as the Section 5310 Program. The results are inadequate and limited; now, therefore, be it RESOLVED, That the 14th Texas Silver Haired Legislature recommends that the 83rd Texas Legislature pass legislation directing the Texas Department of Transportation to produce a report on the many funding sources and programs offering transportation for seniors and people with disabilities so as to produce a more coordinated and seamless transportation environment in both the urban and rural areas of Texas. PASSED AND APPROVED on September 10, 2012, by the State Affairs Committee.

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Mona Bailey, Chairman PASSED AND APPROVED on September 11, 2012, by the Texas Silver-Haired Legislature. ___________________________

Walter Graham, Speaker ATTEST: _____________________________ Pat. J. Porter, Secretary Return

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By: A. G. “Pete” Hinojosa Sr. R07 Committee Assigned: State Affairs

Require Seatbelts and Safety Glass in Charter Buses

A RESOLUTION TO: Require all charter buses to be equipped with safety glass and seatbelts.

WHEREAS, Senior citizens frequently ride charter buses in and out of the state of Texas; and

WHEREAS, In recent months, a number of accidents have occurred causing death and injury to

passengers in charter buses; now, therefore be it

RESOLVED, That the 14th Texas Silver-Haired Legislature recommends the 83rd Texas Legislature

require all charter buses be equipped with safety glass in all windows and windshields and seatbelts

for all seats.

PASSED AND APPROVED on September 10, 2012, by the State Affairs Committee.

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Mona Bailey, Chairman PASSED AND APPROVED on September 11, 2012, by the Texas Silver-Haired Legislature. ___________________________ Walter Graham, Speaker ATTEST: _____________________________ Pat J. Porter, Secretary

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By: Mona Bailey R08 Committee Assigned: State Affairs

Enact A Statutory Basic Will for Texas

A RESOLUTION TO: Enact in Texas a statutory basic statutory will. WHEREAS, Under the United States Constitution, states alone have the power to enact statutes regarding wills and the appointment of executors and guardians;

WHEREAS, The right of property owners to use a written will to direct the disposition and administration of their estate upon death and the right of parents to name guardians for their minor children are treasured rights; and

WHEREAS, The legislature in each of Texas’ sister states of Maine, Michigan, Wisconsin and California enacted a statutory basic will specific to the state to allow adults to more easily direct the disposition and administration of their estate upon death and to name guardians for their minor children; now, therefore, be it RESOLVED: That the 14th Texas Silver-Haired Legislature recommend that the 83rd Texas Legislature enact into law a Texas statutory basic will. PASSED AND APPROVED on September 10, 2012, by the State Affairs Committee.

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Mona Bailey, Chairman PASSED AND APPROVED on September 11, 2012, by the Texas Silver-Haired Legislature. ___________________________ Walter Graham, Speaker ATTEST: _____________________________ Pat J. Porter, Secretary

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By: Mona Bailey R09 Committee Assigned: State Affairs

Cap Annual Property Valuation Increases on Homesteads At 5% Unless Voter Approved

A RESOLUTION TO: Restore the ability of Taxing Entities to be responsive to their constituents. WHEREAS, For more than a decade we have had “taxation by valuation” since Appraisal Districts by law can revalue homestead properties by as much as 10% per year resulting in properties doubling in value every 7.2 years; and, WHEREAS, When values are raised, taxing entities automatically receive increases in tax revenues without the need to adjust the “tax rate” and avoid having to answer to the voters for raising taxes; and, WHEREAS, All voters, especially seniors on fixed incomes, are already carrying an excessive burden of property taxes; now, therefore be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to require voter approval before homestead property valuations may be increased by more than 5% annually. PASSED AND APPROVED on September 10, 2012, by the State Affairs Committee.

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Mona Bailey, Chairman PASSED AND APPROVED on September 11, 2012, by the Texas Silver-Haired Legislature. ___________________________ Walter Graham, Speaker ATTEST: _________________________ Pat J. Porter, Secretary

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By: Steve Coycault and Albert Campbell R10 Committee Assigned: Retirement & Aging

Abolish Bank Overdraft Fees For Low Income Seniors

A RESOLUTION TO: Abolish bank overdraft fees for low income senior depositors. WHEREAS, Seniors are advised to establish bank accounts for security purposes and many banks attract deposits by charging no monthly fees; and WHEREAS, Social security benefit arrival dates are not reliable which causes bank overdrafts for individuals with little financial margin and multiple overdraft fees may limit life sustaining purchases of food and drugs; and WHEREAS, Seniors depend upon fixed income often limited to social security benefits resulting in marginal financial security which is aggravated by excessive bank overdraft fees; now therefore be it,

RESOLVED, That the 14th Texas Silver-Haired Legislature recommends that the 83rd Texas Legislature abolish state bank overdraft fees for low income seniors earning $10,000.00 or less annually in order to protect their financial security. PASSED AND APPROVED on September 11, 2012, by the Retirement & Aging Committee.

__________________________ James E. Hitt, Chairman


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By: Stephen Coycault and Al Campbell R11 Committee Assigned: Insurance

Allow Impoundment of Vehicles Driven By Uninsured Motorists

A RESOLUTION TO: Lower the insurance costs and dangers from uninsured drivers by impounding vehicles driven by uninsured drivers.

WHEREAS, Uninsured drivers increase the costs of automobile insurance and often safe drivers, many of them seniors, are not compensated for personal losses in accidents caused by drivers without insurance. Although ticketed for lack of insurance, many continue to drive. Preliminary data suggests that uninsured drivers have a higher accident rate than those who are fully insured; and

WHEREAS, Several local ordinances require that cars of drivers who are not able to show proof of insurance are immediately impounded and, if not retrieved within an appropriate time, are sold. In at least one major city in Texas this ordinance has contributed to a significant reduction in accidents; and

WHEREAS, Texas has one of the highest auto insurance costs in the Nation. A state initiative to remove uninsured motorists from the streets will contribute to the lowering of auto insurance premiums; now, therefore be it

RESOLVED, That the 14th Texas Silver-Haired Legislature call upon the 83rd Texas Legislature to pass legislation that will allow any law enforcement officer to impound vehicles driven by uninsured motorists when stopped for any violation including an accident. PASSED AND APPROVED on September 11, 2012, by the Insurance Committee.

Juretta Marshall _______________________ Juretta Marshall, Chairman PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. ___________________________ Walter Graham, Speaker ATTEST: ________________________ Pat J. Porter, Secretary

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By: Betty Streckfuss, Paula Johnson R12

Committee Assigned: Health & Human Resources

Pass Legislation Against The Use Of Step Therapy

A Resolution To: Ensure that patients remain in charge of their own healthcare decisions by opposing cost-containment restrictions like step therapy which is currently being required by many Pharmacy Benefit Managers as a cost cutter without patients’ full understanding and often to the detriment of

patients’ well being.

WHEREAS, Step therapy, also referred to as a “fail first” mandate, requires a patient to “fail” on a less-costly medication before he or she can be prescribed a more appropriate medication and is one of many tools employed by payers to manage utilization of health care services by requiring patients

to try various medicines for his or her conditions in a series of steps; and

WHEREAS, While the goal of step therapy is to reduce healthcare costs, research from the American Journal of Managed Care (2009), among other sites, shows that the use of step therapy in the private insurance market can also increase the administrative burden on providers and medical staff, decreasing the likelihood of quality healthcare being received by patients and can result in increased

healthcare costs from more hospital and emergency room admissions; and

WHEREAS, A number of patient advocacy organizations oppose step therapy such as the American Pain Foundation and the Epilepsy Foundation which suggests that step therapy is not in the best interest of patients or their families, in that it may involve significant unrecognized risks based on saving money rather than doing what is best for the patient in his or her time of need; now, therefore be it;

RESOLVED, That the 14th Texas Silver Haired Legislature urges the 83rd Texas Legislature to pass legislation against the use of step therapy which undermines the key and fundamental role of patients, and their families, in making individual healthcare decisions in consultation with their own primary

care physician.

PASSED AND APPROVED on September 11, 2012, by the Health & Human Resources Committee. ____________________________

Betty Trotter, Chairman PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature.

___________________________ Walter Graham, Speaker ATTEST: _____________________________ Pat J. Porter, Secretary

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By: Jetta Roberts, Bruce Davis and Carlos Higgins R13 Committee Assigned: Retirement & Aging

Increase the Personal Needs Allowance for Medicaid Residents in Nursing Homes

A RESOLUTION TO: Increase the personal needs allowance for Medicaid residents in nursing homes. WHEREAS, The Texas Human Resources code currently provides for 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. Additionally, the personal needs allowance has experienced a checkered history of adjustments over the years, being reduced from $60 to $45 in 2003 due to a budget crunch and then restored to the $60 level in 2005, but the steady increase in the needs and

costs of those needs have not been met by commensurate increases, resulting in an inevitable, relentless erosion of relief to the elderly people who depend on this allowance; and WHEREAS, Medicaid recipients in nursing facilities suffer many indignities, and have little control over their lives. They are told when to get up, when to go to bed, when to eat, what to eat, etc. The personal needs allowance is one of the few items within their control. Some legislators have recently as the last session dubbed this item of the budget the “personal dignity allowance”; and WHEREAS, Members of this group of citizens typically face so many personal obstacles in merely staying alive for their remaining years, they are not able to compete in the legislative process themselves, so must depend entirely on vigilant legislators to recognize and address their plight; now, therefore, it is RESOLVED, That the 14th Texas Silver Haired Legislature recommends that the 83rd Texas Legislature alleviate the plight of this group of Texas seniors by setting a level of no less than $75.00 (seventy five dollars) a month for the personal needs allowance and making this issue a budget priority. PASSED AND APPROVED on September 11, 2012 by the Retirement & Aging Committee.


PASSED AND APPROVED on September 12, 2012 by the 14th Texas Silver-Haired Legislature. ___________________________ Walter Graham, Speaker ATTEST: __________________________ Pat J. Porter, Secretary Return

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By: Jetta Roberts & Alan Abraham R14 Committee Assigned: Criminal Justice

Create a Definition of Undue Influence

To Provide Adequate Protection for Texas Senior Citizens from Exploitation

A RESOLUTION: To Create legislation to protect senior citizens from exploitation through undue influence. WHEREAS, The population of age 65 and over is the fastest growing age group in America and by 2030 people over age 65 will triple to over 70 million, many of whom will be victims of financial exploitation through undue influence; and WHEREAS, One form of elder abuse is financial exploitation by undue influence which generally occurs when the victim is incapacitated by cognitive impairment, physical or mental illness, or some other vulnerability such as recent bereavement. Undue influence is usually accompanied by fraud or duress by the perpetrator, generally someone in a position of trust or authority, who seeks financial gain at the expense of the victim; and WHEREAS, Texas law currently does not recognize undue influence as a form of exploitation. The term undue influence has no precise criminal or medical definition; now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas State Legislature to create a definition of undue influence, and afford elderly victims of financial exploitation by undue influence justice by the criminal justice system, as well as, entitlement to civil legal remedies in Texas law. PASSED AND APPROVED on September 11, 2012, by the Criminal Justice Committee.

____Robert C. Smith____

Robert C. Smith, Acting Chairman PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature.

___________________________ Walter Graham, Speaker ATTEST: __________________________ Pat J. Porter, Secretary

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By: Chris Kyker R15 Committee Assigned: Retirement & Aging

Exempt Medal of Honor and Legion of Valor Veterans from Toll Fees on Texas Toll Roads

A RESOLUTION TO: Require Regional Mobility Authorities to exempt Legion of Valor veterans from toll road fees. WHEREAS, The Texas Transportation Code Sec.372.053 (a) used the word “may” to include free or discounted use of toll roads for vehicles registered to veterans with disabilities, military specialty license plates for extraordinary service and by a person who has received the Medal of Honor; and

WHEREAS, Texas veterans who are Legion of Valor recipients are not identified in the Transportation Code Sec 372.053 for exemptions; and WHEREAS, Only six remaining Texas veterans have received the Medal of Honor and relatively few remaining Texans are recipients of the Legion of Valor; now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature encourage and strongly recommend that the 83rd Texas Legislature amend the Transportation Code Sec. 372.053 (a) “A toll road entity shall establish a free or discount program . . . (3) by a person who has received the Medal of Honor or Legion of Valor recipients. PASSED AND APPROVED on September 11, 2012, by the Retirement & Aging Committee.


PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature.

___________________________ Walter Graham, Speaker ATTEST: _____________________________ Pat J. Porter, Secretary

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By: Richard Garnett R16

Committee Assigned: Health & Human Resources

Develop Hospital Standards of Care for Treating People with Intellectual and Developmental Disabilities (IDD)

A RESOLUTION TO: Promote a partnership between hospital care givers and people with Intellectual and Developmental Disabilities (IDD), including those over 60, through the development of standards of care so as to improve hospital healthcare outcome of seniors and those with disabilities. WHEREAS, At both the individual provider and health systems levels, credible standards of health care, based on scientific evidence, are essential to improving the quality of health care for people with intellectual and developmental disabilities and seniors; and WHEREAS, Based on research it is clear that medical care provided to individuals with intellectual and developmental disabilities is fragmented, isolated, and not easily accessible, and standards of care for this population are rare; and WHEREAS, The problems resulting from a lack of standards of care are compounded by the lack of background knowledge and training in late life problems of adults with an intellectual or developmental disability among primary care health providers (including physicians, physician assistants, and nurses) in hospital and community practice; now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature encourage and strongly recommend that the 83rd Texas Legislature instruct the Department of State Health Services to develop a Hospital Standards of Care Manual for working with seniors and people with IDD so as to improve the quality of health care received by people with intellectual and developmental disabilities in Texas. PASSED AND APPROVED on September 11, 2012, by the Health & Human Resources Committee.

___________________________ Betty Trotter, Chairman PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. ___________________________ Walter Graham, Speaker ATTEST: _____________________________ Pat. J. Porter, Secretary

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By: C. Bruce Davis R17 Committee Assigned: Retirement & Aging

Amend Family Code to provide for Grandparent Protection And Support Bill

A RESOLUTION TO: Establish in Texas Law the right of grandparents who are raising grandchildren to receive all payments of support that have been ordered by the court for the benefit of the child. WHEREAS, There are 600,000+ children in Texas being raised by others (other than their biological parents); and the vast majority of those 600,000+ children are being raised by loving grandparents; and WHEREAS, The courts have ordered, in many cases, the biological parents to pay child support to the person raising their children; and WHEREAS, Many grandparents are financially strained trying to survive on a fixed income and at the same time provide needed financial support for grandchildren in the house, and often, the grandparent does not receive the child support payments that the court has ordered for the benefit of the child. now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to amend the Family Code to provide for a Grandparent Protection and Support Bill to ensure that the grandparent receives all court-ordered child support payments made for the support of the child. PASSED AND APPROVED on September 11, 2012, by the Retirement & Aging Committee.


PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. ___________________________ Walter Graham, Speaker ATTEST: _________________________ Pat J. Porter, Secretary

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By: Linda Parrish R18 Committee Assigned: Retirement & Aging

Determine Feasibility And Future Of State Supported Living Centers

A RESOLUTION TO: Revisit the review process of State Supported Living Centers (SSLC) for the purpose of continuing the deinstitutionalization process that successfully began in the early 1990s. WHEREAS, The population residing in state institutions is aging and diminishing, with fewer families choosing this living option for their family members; at the same time the costs of institutionalization are increasing—currently estimated to be in excess of $150,000 annually per person-- resulting in resources for community settings being negatively affected. WHEREAS, The State of Texas has received numerous reports from the Department of Justice, among others, citing safety violations targeting the residents, as well as the increasing awareness that most Texans prefer living in their own communities, and WHEREAS, The State of Texas has a successful model, House Bill 7, which was passed by the 72nd Texas Legislature, which resulted in the successful closure of two of the State’s 13 institutions, saving the taxpayers millions of dollars and successfully placing residents in communities or consolidating the remaining centers, therefore be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to pass legislation similar to HB 7 of the 72nd Legislature, that created an independent “Facilities Review Task Force” with the purpose of determining the feasibility and future of the State Supported Living Centers. PASSED AND APPROVED on September 11, 2012, by the Retirement & Aging Committee.


PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. ___________________________ Walter Graham, Speaker ATTEST: ________________________ Pat J. Porter, Secretary

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By: Mona Bailey R19 Committee Assigned: Utilities & Natural Resources

Preserve The System Benefit Fund (Lite-Up Texas) For Its Regulatory Purpose Of Assistance To Low-Income Families,

Including Elderly, In Deregulated Electric Markets

A RESOLUTION TO: Assure that “LITE-UP Texas” fees to electric customers in de-regulated markets in Texas are expended for their intended purposes to the fullest extent permitted by law and are uncompromised by the Legislature’s desire to hold these monies in reserve to balance its budget. WHEREAS, None of the proposed legislative bills from the previous Texas legislative session passed which would have prevented these non-bypassable fees in Texas electric bills from being withheld by the Legislature for general budget certification purposes to the tune of $870 million of which only $257 million was appropriated for the 2010-2011 biennium; and WHEREAS, Electric service in Texas, where the entities generating electric power are owned and operated separately from the retail outlets who sell that power to customers, does not create a consumer’s choice marketplace nor are the rules of normal completion able to drive prices downward, which is why electricity in de-regulated markets is so expensive and continues to rise; and WHEREAS, Older Texans on fixed income find their resources dwindling very quickly with the cost of utilities, prescription drugs, health care, rent and food sky rocketing, in some cases forcing upon them the unhealthy choice of going without air conditioning in the midst of the summer’s heat; now, therefore be it, RESOLVED: That the 14th Texas Silver-Haired Legislature encourages and strongly recommends that the 83rd Texas Legislature amend Section 39.903 of the Utilities Code to exempt the System Benefit Fund from the budget certification accounting process and to allow the Public Utilities Commission of Texas to expend the GR 5100 Account for its stated regulatory purposes. PASSED AND APPROVED on September 11, 2012, by the Utilities & Natural Resources Committee.

____________________________ Robert T. Fitzgerald, Chairman

PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. ___________________________ Walter Graham, Speaker ATTEST: _________________________ Pat J. Porter, Secretary

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By: Mona Bailey R20 Committee Assigned: Criminal Justice

Conduct Adult Guardianship Hearings At “Any Suitable Location” As Determined By The Court.

A RESOLUTION TO: Allow courts with guardianship jurisdiction to hold adult guardianship hearings at locations other than the county courthouse. WHEREAS, Courts with guardianship jurisdiction are required to hold adult guardianship hearings at the county courthouse to determine whether an adult is incapacitated; but many incapacitated adults, involved in guardianship proceedings (“proposed wards”), are seniors who may be in poor physical condition and who may be unable to travel to the courthouse to attend these hearings, or who may decide against attending these hearings due to the combination of their frailty and inclement weather or parking concerns; and WHEREAS, It is advantageous for proposed wards to attend guardianship hearings so that they are able to testify on their own behalf to present their objections, if any, and to understand the limitations to their rights imposed by the court in these proceedings; and WHEREAS, More proposed wards would be able to attend their guardianship hearings if counties were allowed to hold guardianship hearings in “any suitable location” determined by the court such as nursing facilities, hospitals, proposed ward’s homes or sub-courthouses; now therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature encourage and strongly recommend that the 83rd Texas Legislature enact legislation that allows Courts with guardianship jurisdiction to conduct adult guardianship hearings at “any suitable location” as determined by the court. PASSED AND APPROVED on September 11, 2012, by the Criminal Justice Committee.

__Robert C. Smith____

Robert C. Smith, Acting Chairman


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By: Mona Bailey R21

Committee Assigned: Criminal Justice

Approve Passage of Uniform Adult Guardianship Protective Proceedings Jurisdiction Act

A RESOLUTION TO: Support the passage of the Uniform Adult Guardianship Protective Proceedings Jurisdiction Act (UAGPPJA) to protect incapacitated seniors from extravagant legal costs currently involved in determining the best state to settle a guardianship contest and in transferring guardianships from one state to another to allow incapacitated seniors to live in the state of their choosing and where they will receive the best care. WHEREAS, Many Seniors live in Texas which is their “home state,” but they own vacation properties or have relatives living in other states which are known as “significant connection states;” and a Senior may become incapacitated and need a guardian but may not have a willing or suitable relative to be appointed as guardian in Texas or may have relatives in various states who engage in a guardianship contest involving multiple states which effectively depletes the assets of the incapacitated senior; and WHEREAS, Currently, an adult guardianship initiated in Texas is not recognized in another state where the adult may need medical treatment and the guardianship cannot be efficiently transferred to other states, nor can a guardianship created in another state be efficiently transferred into Texas; and WHEREAS, The National Conference of Commissioners for Uniform State Laws has drafted UAGPPJA to address guardianship issues involving problems of multiple jurisdictions, transfers and out of state recognition and enforcement of guardianship orders, and passage of UAGPPJA in Texas and other states will resolve these problems by giving Texas courts specific criteria and authority to make these important decisions involving Texas Seniors who are incapacitated there being twenty (20) other states that have already adopted the Uniform Adult Guardianship Act; now therefore be it RESOLVED, That the 14th Texas Silver-Haired Legislature encourage and strongly recommend that the 83rd Texas Legislature approves the passage of the Uniform Adult Guardianship Protective Proceedings Jurisdiction Act. PASSED AND APPROVED on September 11, 2012, by the Criminal Justice Committee.

__Robert C. Smith_______


PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. ___________________________ Walter Graham, Speaker ATTEST: __________________________ Pat J. Porter, Secretary

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By: Jetta Roberts and Oleavia Holmes R23 Committee Assigned: Criminal Justice

Create a Definition of Identity Theft as Exploitation of the Elderly

A RESOLUTION TO: That the legislature creates laws to protect senior citizens from exploitation through identity theft. WHEREAS, The population of age 65 and over is the fastest growing age group in America and by 2030 people over age 65 will triple to over 70 million; and WHEREAS, One form of elder abuse is financial exploitation by someone stealing an elderly person’s identity, but Texas law currently does not recognize identity theft as a form of exploitation. The term “identity theft” does not currently encompass the definition of exploitation, and, Texas government should help protect older persons and persons with disabilities by creating legislation to include identity theft of an elderly individual as falling within the definition of exploitation; and WHEREAS, Identity theft should be defined to consist of:

1. The taking of an elderly and/or disabled person’s name, social security number, date of birth

or government-issued identification number;

2. The taking of an elderly or disabled persons PIN number, electronic identification number,

address, routing code or account number and any telecommunication where identifying

information is shared but not owned by that individual;

3. Taking and using the identifying information without specific consent for the purpose used; or

4. Using that information as your own to obtain an advantage; now, therefore, be it

RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to create a definition of identity theft as exploitation of the elderly under Chapter 48 of the Health and Human Resources Code Texas Law. PASSED AND APPROVED on September 11, 2012, by the Criminal Justice Committee.



PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. ___________________________ Walter Graham, Speaker ATTEST: _______________________ Pat J. Porter, Secretary Return

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By: Barbara Aydlett R24 Committee Assigned: Health & Human Resources

Eliminate the 30 Day Waiting Period to Start Approval Process for Medicaid Recipients Entering Nursing Homes

A RESOLUTION TO: Expedite the approval process to certify Medicaid recipients in Nursing Homes by eliminating the 30 day waiting period to start the application process.

WHEREAS, Nursing Homes have 90% to 95% of their residents receiving some payment from Medicaid; and Medicaid payments to Nursing Homes were cut by 11% in the 82nd Legislative session; and

WHEREAS, Medicaid recipients entering Nursing Homes must have a Medical Necessity certification by a physician prior to entry; and

WHEREAS, The lengthy approval process to certify Medicaid recipients can take up to 100 days, thus putting the Nursing Home at financial risk; now, therefore, be it

RESOLVED, That the 14th Texas Silver-Haired legislature encourages and strongly recommends that the 83rd Texas Legislature enact legislation that instructs DADS to eliminate the 30 day waiting period to start the approval process for Medicaid recipients entering Nursing Homes.

PASSED AND APPROVED on September 11, 2012, by the Health & Human Resources Committee.

___________________________ Betty Trotter, Chairman PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. _____________________________ Walter C. Graham, Speaker ATTEST: ___________________ Pat J. Porter, Secretary

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By: Chris Kyker R25 Committee Assigned: Health & Human Resources

Promote Vaccination of Older Adults for Prevention of Bacterial Pneumonia

A RESOLUTION TO: Promote awareness among older adults of potentially preventable hospitalization by being vaccinated for bacterial pneumonia. WHEREAS, Bacterial pneumonia, a serious inflammation of the lungs caused by an infection that primarily impacts older adults, may be prevented by vaccination; and WHEREAS, The Texas Department of State Health Services reported from 2005-2010, the number of hospitalizations for bacterial pneumonia was 308,802 (average age 66) at total hospital charges of $9 billion (updated March 28, 2012); and WHEREAS, Steve Jacob, Health Care in 2020 (2012) stated: “Older Adults tend to undervalue immunizations and as a result, adults represents 95% of the more than 50,000 annual deaths that could be avoided with immunization;” now, therefore be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to require the Texas Health and Human Services Commission to develop an awareness and outreach program that promotes vaccination to prevent bacterial pneumonia. PASSED AND APPROVED on September 11, 2012, by the Health & Resources Committee. ___________________________

Betty Trotter, Chairman PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. _____________________________ Walter C. Graham, Speaker ATTEST: ___________________ Pat J. Porter, Secretary

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By: Carlos Higgins, Linda Parrish, Al Campbell R26 Committee Assigned: State Affairs

Local Option Elections To Authorize Casinos

A RESOLUTION TO: Allow the voters through local-option elections, to authorize casinos with casino revenue to be appropriately shared between the state and the local governments. . WHEREAS, The majority of citizens in some parts of Texas may reject the authorization of casinos for various reasons of importance to them, while the majority of citizens in other parts of Texas believe that, considering the potential revenue that could be used to alleviate local problems, casinos should be authorized, and WHEREAS, Each year Texas citizens travel frequently to Louisiana, Oklahoma and other neighboring states to patronize casinos; resulting in a huge and growing amount of Texas money flowing to those states, with a corresponding loss of revenue to Texas that could be used to greatly benefit the Texas economy and Texas citizens; and WHEREAS, If Texas allowed voters in to decide in local elections whether to authorize casinos in their own areas, under sufficient oversight by both the state and local governments, voters throughout the state could then decide for themselves whether the added revenue and new jobs generated by casinos within their local areas would outweigh any negative aspects of those casinos; now, therefore be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to give voters across the state the option to decide for themselves through local option elections whether to permit well-regulated casinos. PASSED AND APPROVED on September 11, 2012, by the State Affairs Committee.

____________________________

Mona Bailey, Chairman PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. _____________________________ Walter C. Graham, Speaker ATTEST: ___________________ Pat J. Porter, Secretary

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By: Mari Okabayashi R27 Committee Assigned: Human Services

Allow Meals by Mail for Emergency Demand or to Prevent Wait Lists

A RESOLUTION TO: Allow Area Agencies on Aging to provide meals by mail or similar delivery methods for seniors due to emergency demand or to prevent extensive waiting periods. WHEREAS, The Area Agencies on Aging through the Older Americans Act provide home delivered meals to homebound seniors in order to reduce food insecurity and to help the senior maintain independence; and, WHEREAS, A senior who has recently been discharged from a hospital and is temporarily functionally impaired during his recuperation or a senior who has recently been determined to be unable to prepare his own meals and has no other available resources can encounter a waiting list because the providers are at delivery capacity; now, therefore, be it

RESOLVED, That the 14th Texas Silver-Haired Legislature encourage and strongly recommends that the 83rd Texas Legislature pass legislation to allow the Area Agencies on Aging to have the flexibility to use some of their funds to provide fresh, frozen or other nutritious meal by mail or other similar delivery service.

PASSED AND APPROVED on September 11, 2012, by the Human Services Committee.

_______________________________ Chris Kyker, Chairman

PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. _____________________________ Walter C. Graham, Speaker ATTEST: _____________________________ Pat J. Porter, Secretary

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By: Jerome Fletcher R28


Raise the Cap Limit in Small Claim Court to $15,000.00 A RESOLUTION TO: Raise the cap limit on claims in Small Claim Court from $10,000 to $15,000. WHEREAS, The cost of living has gone up 54% since the cap limit was last set at $10,000; and WHEREAS, Presently claims over $10,000 cannot be filed in Small Claim Court and must be filed in Civil Court requiring legal council which prevent claimants, especially seniors, from finding legal representation for meritorious claims; and WHEREAS, Small Claim cases are governed by Chapter 28 of the Texas Government Code. Small Claim Courts were created as a division of Justice of the Peace Courts to allow parties a convenient forum for having their disputes resolved. The Texas Rules of Court do not apply to a Small Claim case which makes it an opportune way for relief for seniors, especially those on limited income, since it is designed by the Texas State Legislature to provide an inexpensive judicial trial without the complications or expense of normal courtroom proceedings; now, therefore be RESOLVED, That the 14th Texas Silver-Haired Legislature recommends that the 83rd Texas Legislature raise the cap limit on claims in Small Claim Court from $10,000 to $15,000. PASSED AND APPROVED on September 11, 2012, by the Criminal Justice Committee.




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By: C. Bruce Davis, Alan Abraham R29 Committee Assigned: Criminal Justice

APS Client Seamless Protection Court Order Changes A RESOLUTION TO: Allow APS the ability to provide protective services under court order until DADS can legally complete guardianship over the at-risk individual. WHEREAS, Under current law, HRC Chapter 48, Sec.48.208, there is a possibility that a client in need of court supervised care, can return to a prior state of abuse, neglect, or exploitation before DADS is able to legally effect the completion of guardianship over the at-risk person. And current law allows the court, after notice and a hearing, only the ability to extend an emergency order for protection for a period of not more than 30 days after the date the original emergency order for protective services was rendered; and WHEREAS, Because of orders terminating on week-ends, holidays, etc., often a needy client is left unprotected for several days before the guardianship can take place, and this breach in the continuum of care provided under protective orders of the court was an unintended outcome, and WHEREAS, A simple solution to this problem is to amend HRC Chapter 48, Sec. 48.208 Subsection E-2 to state, “the court, after notice and a hearing, may extend an emergency order issued under this section for a period of not more than 30 days after the first 10-day emergency order for protective services expires.” now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to modify the Human Resources Code, Chapter 48.208, E-2 with language stated above, that would add seamless protection to the at-risk client until DADS can effect the completion of a guardianship over said individual. PASSED AND APPROVED on September 11, 2012, by the Criminal Justice Committee.

___Robert C. Smith______


PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. _____________________________ Walter C. Graham, Speaker ATTEST: ____________________ Pat J. Porter, Secretary

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By: C. Bruce Davis, Alan Abraham R30


Modify Human Resources Code To Strengthen Prohibition Against Revealing The Identity Of Those Reporting Abuse

A RESOLUTION TO: Change the Human Resources Code to strengthen the prohibition against revealing the identity the reporter of abuse, neglect, or exploitation in Facilities. WHEREAS, Current law, Chapter 48 of the Human Resources Code, clearly states that APS is not to reveal the identity of persons who report cases in facilities of abuse, neglect, or exploitation in any document or communication that goes outside the agency; and WHEREAS, Potential for confusion and error exists because the prohibition is not expressly restated and applied in Paragraph 48.254, which requires that copies of the APS Facility investigative reports be forwarded to the mental health and mental retardation provider when the investigation is completed; and WHEREAS, Current law should be made more clear that the report must be edited to remove the reporter’s name wherever it appears, and this concern can be abated by adding a section (3) to paragraph 48.254 of the Human Resources Code to state, “the allegation report and the investigative report shall be edited to protect the identity of the person who made the report under Section 48.051; now, therefore be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to modify the Human Resources Code, Chapter 48.254.3 to strengthen the prohibition of revealing the identity of those reporting abuse, neglect, or exploitation in facilities. PASSED AND APPROVED on September 11, 2012, by the Criminal Justice Committee.

____Robert C. Smith____


PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. _____________________________ Walter C. Graham, Speaker ATTEST: ____________________ Pat J. Porter, Secretary

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By: Linda Parrish R31


Juror Exemption Option for Grandparents A RESOLUTION TO: Add one exemption to the seven existing official options for senior citizens relating to jury service. WHEREAS, Legal guardians and parents are excluded from jury service if a child under 12 would be left without adequate supervision (Government Code, Section 62.106); and WHEREAS, Given the economic condition of our State and Nation, more and more grandparents are caring for their grandchildren on a daily basis; and WHEREAS, Jury duty is considered a right, privilege, and duty of Americans, but it can also pose a serious hardship for senior grandparents under the age of 70; now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to add an additional exemption to the official jury summons form stating: “You are a senior and the primary caregiver of a child under the age of 12 years and service on the jury would require leaving the child without adequate supervision.” (Form 0709A) PASSED AND APPROVED on September 11, 2012, by the State Affairs Committee.

____________________________

Mona Bailey, Chairman PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. _____________________________ Walter C. Graham, Speaker ATTEST: ____________________ Pat J. Porter, Secretary

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By: Nancy A. Byler, Alan Abraham, Linda Parrish, Al Campbell, Jerry Pybus, Bruce Davis, Jane Blay, Cecilia Crossley, Juretta Marshall, Ted Hubert, Jeraldine Hubbard, Presley Donaldson, Rey Oropez, Delia Oropez, Betty Trotter, Betty Greene, Lynn Crisp, Wayne Daniels, Joe Folk, Lela Foreman, Pete Hinojosa, Betty Hooey, Paula Johnson, Mark Walsh, Carolyn Williamson, Roy Watson, Norma Mena, Oleavia Holmes, James Hitt, Maurine Gross,Doris Griffin, Billie Erwin, Johnie Curtis, Carlton Buesing, Gerardo Camacho, Vada Baldree

R32

Committee Assigned: Education

Continue to Support Defined Benefit Plan for Teacher Retirement System Participants

A RESOLUTION TO: Continue to uphold the Texas Constitution, by keeping in effect the Defined Benefits

Plan for all public school retirees.

WHEREAS, This plan established in the 1936 Texas Constitution states, “No Teacher Retirement System

retiree would ever receive an annuity check lower than the first one received; and that it would remain so

until the retiree’s or designated beneficiary’s death; this annuity being based on age at retirement, years of

service, and highest salary.” And, The Defined Benefit Plan states that a retiree’s benefits are based on

their age at retirement, years of service, and highest salaries – not on the balance in the individual’s

account; and

WHEREAS, Elected officials must realize that the alternative plan being promoted by individuals

representing the financial industry – Defined Contribution Plan – will force many public school employees

to work longer than they planned, does not allow for any beneficiary coverage, no insurance is available,

since 95% of Texas public school employees do not participate in Social Security, therefore; if the Defined

Contribution plan were adopted, many older Texans would have no insurance or monthly income after their

account is depleted; and

WHEREAS, In the year 2011 the Teacher Retirement System paid to approximately 312,000 educational

retirees, or their beneficiaries, 7.2 billion dollars; educators do not make large sums of money during their

working careers and only 5% in the Social Security system; therefore they should not be penalized for

choosing service to children, community and State and should not be penalized for choosing rewarding

work rather than for monetary gain; now, therefore be it

RESOLVED, that the 14th Texas Silver-Haired Legislature urges the 83

rd Texas Legislature to go on record as

supporting the continuation of The Defined Benefits Plan for all Texas Retirement System participants.

PASSED AND APPROVED on September 11, 2012, by the Education Committee.

.

___________________________

_______________________________

A.G. “Pete” Hinojosa, Sr., Chairman


_____________________________ ATTEST: Walter C. Graham, Speaker

_____________________________

Pat J. Porter, Secretary Return

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By: Mari Okabayashi R33 Committee Assigned: State Affairs

Legislate That Payday And Title Loan Payments Will Be Applied To Principal

First, Limit Number Of Rollovers, And Require Stricter Underwriting. A RESOLUTION TO: Lower consumer costs associated with payday and auto title loans. WHEREAS, Short term loans are beneficial during an emergency; however, the average payday borrower has nine repeat loans per year; and the auto title borrower who signs over a car title to the lender is at high risk of losing the vehicle when unable to fully repay the loan in the allotted time; and WHEREAS, The cycle of debt and the recurring “rollover” fees and interest for these loans can lead to more than triple the value of the original loan, and many of these loans are structured to require only full repayment of the loan principal within two to four weeks; and

WHEREAS, Seniors who have borrowed against their fixed income for small cash advances have become involved in this cycle of debt, have become unable to repay the loan, and have had to seek relief from these open-ended loans; now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature recommends that the 83rd Texas Legislature pass legislation to allow partial payments to be applied to pay down the principal, to limit the number of rollovers, and to require stricter underwriting of loans in order to assess the borrowers’ ability to repay these loans. PASSED AND APPROVED on September 11, 2012, by the State Affairs Committee.

____________________________

Mona Bailey, Chairman PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. _____________________________ Walter C. Graham, Speaker ATTEST: _____________________________ Pat J. Porter, Secretary

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By: Juretta Marshall R34 Committee Assigned: Human Services

Encourage Health and Human Services Commission to Provide Dental Care For Semi-Dependent Seniors Living At Home

A RESOLUTION TO: Assess dental care needs of semi-dependent seniors living at home. WHEREAS, Many senior citizens experience dental problems; as one ages, greater risk for oral health problems occur, resulting in loss of teeth, poor looking teeth, heart disease, and other health complications; as age increases– gums soften, muscles become weak, saliva production is reduced, ability to chew food is diminished, tooth decay increases; and WHEREAS, Many senior citizens cannot acquire dental care because of low and fixed income, along with other barriers such as anxiety/depression, fear of infection, transportation, weather; and WHEREAS, Advancing age, as well as medications, dentures (denture wearers need to be checked for periodontal disease) and other diseases, are factors affecting the quality of seniors’ health; now, therefore be it RESOLVED, That the 14th Texas Silver Haired Legislature calls upon the 83rd Texas Legislature to instruct the Health and Human Services Commission (HHSC) to establish rules to assess and provide dental care of Medicaid-eligible, semi-dependent seniors living at home. PASSED AND APPROVED on September 11, 2012, by the Human Services Committee.



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By: Dr. Bob Fitzgerald, Presley Donaldson, Willie Belle Boone, Dolan Brinson, Jim Brisbin, Brigitte Rogers, Ray Ellisor, Joyce Mayer, Ken Nesmith, Bobby R. McCarn, Anne Mazone, Wayne Merrill, Jane Nelson, Charlotte Parks

R35

Committee Assigned: Utilities & Natural Resources

Create Legislation to Construct More Water Conservation Resources

A RESOLUTION TO: Request projects to diminish future water shortages. WHEREAS, The inevitable and unpredictable periods of drought and flooding in Texas result in water shortages and property damage in rural and urban areas; and WHEREAS, Rapid Texas population growth is projected to continue in the next 50 years, making the devastating effects of drought and flooding more severe, especially for Texas senior citizens having limited income; and WHEREAS, The State of Texas controls surface water, and current water conservation measures alone will not be sufficient to meet the demand for water for all of Texas’ future needs. Texas should take a proactive approach to its water needs, and should not further delay legislation dealing with its current and future water needs, now, therefore, be it RESOLVED, That the 14th Texas Silver Haired Legislature to request the 83rd Texas Legislature to create new legislation and/or amend current legislation to facilitate and encourage projects such as the construction of more dams, new reservoirs, aquifer storage wells, inter-basin transfers of water where excess water exists, and desalination projects, all of which would diminish the water shortages in times of drought, while reservoirs would lessen the destructive effects of floods.

PASSED AND APPROVED on September 11, 2012, by the Utilities & Natural Resources Committee.



_____________________________ Walter C. Graham, Speaker ATTEST: _____________________________ Pat J. Porter, Secretary

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By: Chris Kyker R36 Committee Assigned: Human Services

Expand Long-term Care Ombudsman Services in Assisted Living Facilities

A RESOLUTION TO: Expand the State Long-term Care Ombudsman Program by one full time employee (FTE) and contracting with area agencies on aging for 28 local ombudsmen to serve in assisted living facilities.

WHEREAS, Long-term care ombudsmen are granted access by the Older Americans Act to serve people living in nursing homes and assisted living facilities, and when assisted living facilities became statutorily required to be licensed in Texas in 1999, ALF residents were granted access to services provided by a LTC ombudsman; however, ombudsmen give priority to nursing home residents because of limited resources and relatively fewer ALF complaints; and

WHEREAS, As of June 2012, there were 1,216 nursing facilities that are home to 89,997 residents in Texas and 1,707 ALFs that are home to 34,806 residents. Each quarter, 58 full time equivalent staff and 785 volunteer certified ombudsmen visited 78% of nursing homes; since only 11% of the total contacts were made in assisted living facilities, ALF ombudsmen were unable to identify the problems with care and quality of life, especially for some frail elderly who remain in assisted living facilities and “age in place”; and

WHEREAS, Ombudsmen received 15,814 nursing home complaints and 1,094 assisted living facilities complaints from July 2011 through June 2012, and resolved or partially resolved 86% and 75% of complaints respectively by serving as an advocate for residents, families, friends and legal guardians with facility staff and referring agencies; now, therefore be it

RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to allocate $2.9 million to expand the Long-term Care Ombudsman services in assisted living facilities with the addition of ALF ombudsmen for the 28 area agencies on aging and one FTE at DADS state office to provide training and staff support to the new positions in order to help residents maintain their rights and receive individual care, promote an environment of respect, dignity, choice and self -determination and to assure each person receives optimal care and quality of life.




_____________________________ Walter C. Graham, Speaker ATTEST: _____________________________ Pat J. Porter, Secretary Return

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By: C. Bruce Davis R37 Committee Assigned: Health & Human Resources

Pass A Nursing Home Quality Care Bill

A RESOLUTION TO: Provide within the code, a new and improved series of enhancements to encourage greater levels of staff training and ratios in Texas nursing facilities. WHEREAS, Texas is 49th among the states in funding of nursing homes; and Texas reimbursement rates for nursing home patients has been on the steady decrease; and WHEREAS, In the midst of the current economic crisis, reimbursement rates are not likely to increase; and there is a critical need to raise the competence level of nursing home employees, and to improve staffing ratios; and WHEREAS, In a tight budget environment, the increase of staff enhancement funds would most certain result in higher quality of care in Texas nursing facilities, now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to pass a Nursing Home Quality Care Bill that includes significant increase in enhancements to encourage staff training at all levels, and to effect improved staffing ratios. PASSED AND APPROVED on September 11, 2012, by the Health & Human Resources Committee. ___________________________

Betty Trotter, Chairman PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. _____________________________ Walter C. Graham, Speaker ATTEST: _____________________________ Pat J. Porter, Secretary

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By: C. Bruce Davis, Jetta Roberts and C. Norma Mena R39 Committee Assigned: Human Services

Assure Adequate Funding For Home-Delivered Meals

A RESOLUTION TO: insure that funding at all levels of the state government remain at current levels or increase for meals that are delivered to senior’s homes. WHEREAS, Home-delivered meals in Texas are an important lifeline to many isolated, lonely, and frail senior adults, and the social contact of the person delivering meals daily is an important preventative to premature institutionalization and health emergencies; and WHEREAS, The home-delivered meals program in Texas is the greatest “Medicaid Prevention Program” that exists; and WHEREAS, Even at current funding levels, maintaining the numbers now being served will be difficult, if not impossible, with the rising cost of food and supplies; now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to assure adequate current funding for home-delivered meals to senior citizens. PASSED AND APPROVED on September 11, 2012, by the Human Services Committee.


PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. _____________________________ Walter C. Graham, Speaker ATTEST:

_____________________________ Pat J. Porter, Secretary

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By: Linda Parrish R40 Committee Assigned: Health & Human Resources

Require Specific Emergency Planning And Training Be Added To Nursing Home Disaster Preparedness Plan

A RESOLUTION TO: Prepare the caregivers of the most vulnerable Texas Seniors in the case of a natural disaster. WHEREAS, Texas has experienced some of the nation’s most formidable natural disasters in the form of tornados, hurricanes, and fire, and is one of the nation’s top 10 disaster prone states; and WHEREAS, More than 3 million people have spent time in a nursing home during 2009, and nearly 40% (1.2 million) lived in the top 10 disaster prone states, (Associated Press, Houston Chronicle); and WHEREAS, Federal guidelines require all nursing homes to have general plans for disasters and 92% have complied with this mandated paper requirement, but research gave evidence to 95% of all site visits being woefully unspecific in these plans regarding procedures for coordinating with local authorities, notifying relatives, and recording mode of transportation. Personal information, including ID, should accompany each patient; now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to require specific emergency planning and training in addition to the existing federal requirement that nursing homes have a general disaster plan. PASSED AND APPROVED on September 11, 2012, by the Health & Human Resources Committee. ___________________________


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By: Betty Streckfuss and Oleavia Holmes R43 Committee Assigned: Insurance

Protect Medical Patients from Balance Billing, a.k.a. Bushwhack Billing

A RESOLUTION TO: Urge the Texas Legislature to rein-in the widespread billing practice in the delivery of medical care that is commonly called “Balance Billing” by practitioners, but to the many victims of the practice, it is more akin to a deceptive trade practice.

WHEREAS, Most people covered by medical insurance assume their coverage will include all aspects of a treatment purportedly covered by their policy, but weeks after the treatment, too many patients receive an unexpected bill for something not covered, often from a radiologist, anesthesiologist, pathologist, or emergency room physician, for additional fees that arrive not only as a bolt from the blue, but also as an overwhelming financial burden, and the Texas Senate State Affairs Committee Chair acknowledged in the 82nd legislative session this is probably the number one

complaint about medical care they receive from their constituents; and

WHEREAS, HB 2256, passed during that session, required more disclosure and an opportunity for patients to enter into “mediation” about huge, unexpected medical bills, so very often from individuals they never even met. The typical patient is not equipped to decipher the significance of disclosures embedded in a mound of paperwork, especially when the patient is preoccupied with an urgent need for the medical treatment, and has justifiably assumed his policy addresses and adequately covers all costs of the treatment. A chance to subsequently invoke “mediation” does little to protect the typical

elderly patient from the harsh impacts of Balance Billing; and

WHEREAS, Texas laws not only fail to prohibit or adequately discourage the practice of Balance

Billing, but some of the current laws facilitate the practice; now, therefore, be it

RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to simply ban balance billing by non-network providers as several other states have done, or at least control to some reasonable degree this financial trap within our medical care system that is ensnaring too many

citizens, especially Texas’ senior citizens.

PASSED AND APPROVED on September 11, 2012, by the Insurance Committee.

Juretta Marshall _______________________

Juretta Marshall, Chairman


_____________________________ Walter C. Graham, Speaker ATTEST: _____________________________ Return Pat J. Porter, Secretary

55

By: Mona Bailey R47 Committee Assigned: Criminal Justice

Required Court Training for Guardians

A RESOLUTION TO: Require courts with guardianship jurisdiction to provide oral and written guardianship training to individuals who are appointed by the courts as guardians of the person and/or estate of their incapacitated family members or friends (“wards”). WHEREAS, Guardians are appointed by courts to make important residential, medical and financial decisions for incapacitated adults who are no longer capable of making these critical decisions for themselves; and WHEREAS, Courts that appoint guardians are responsible to monitor those guardians by reviewing annual guardian-of-the-person reports and annual accountings from guardians of the estate and by making personal visits required on wards under the supervision of statutory probate courts, but no initial training of guardians by the courts is currently required; and WHEREAS, Courts that currently provide initial training to guardians have found that such training has resulted in more guardians timely filing their reports on the physical condition of their wards and their accountings on the financial condition of their wards’ estates and results in fewer guardians being removed as guardians of their family members or friends; now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature recommends that the 83rd Texas Legislature enact legislation that courts that appoint guardians shall be required to give each guardian at least thirty minutes of in-person training including written materials on the duties and obligations of being a guardian of their incapacitated family member or friend. PASSED AND APPROVED on September 11, 2012, by the Criminal Justice Committee.

___Robert C. Smith____



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By: C. Bruce Davis R49 Committee Assigned: State Affairs

Cease and Desist Unfunded Mandates by The Texas Legislature

A RESOLUTION TO: Prevent the Texas Legislature from forcing unfunded or partially funded mandates on local governments. WHEREAS, The Texas Legislature is currently requiring local governments to adhere to and obey many partially funded or unfunded mandates, and this practice puts a hardship on the taxpayers of these local governments; and WHEREAS, Many local services (including those serving our senior citizens) may have to be curtailed or discontinued due to unfunded or partially funded mandates; and WHEREAS, Continuation of the practice of forwarding unfunded or partially funded mandates on-to local governments makes havoc of their budgetary processes, and requiring local governments to meet unfunded or partially funded mandates is potentially harmful to senior citizen programs in our state; now, therefore, be it RESOLVED, That the 14th Silver-Haired Legislature urges the 83rd Texas Legislature to cease and desist from the harmful practice of requiring local governments to comply with costly but unfunded or partially funded mandates. PASSED AND APPROVED on September 11, 2012, by the State Affairs Committee.

____________________________


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By: C. Bruce Davis R50

Committee Assigned: Human Services

Create A Durable Mental Health Power Of Attorney

A RESOLUTION TO: Include a provision for a Durable Mental Health Power of Attorney in the Health and Safety Code. WHEREAS, The current Health & Safety Code includes a provision for a “Durable Medical Power of Attorney” but that power specifically excludes directives that include mental health; and WHEREAS, There are significant numbers of senior adults who are suffering from advanced dementia, especially of the Alzheimer’s type; and WHEREAS, The current process for those seniors needing diagnostic or residential mental health services, the senior is unable to provide informed consent for admission, and has no way to pre-determine who will make those decisions for them; now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to amend the Health and Safety Code to include a provision for a Durable Mental Health Power of Attorney.




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BY: C. Bruce Davis R51 Committee Assigned: Health & Human Resources

Increase Medicaid Reimbursement for Nursing Homes in Texas

A RESOLUTION TO: Increase Medicaid reimbursement for nursing homes in Texas. WHEREAS, The State of Texas ranks 49th in the nation for Medicaid reimbursement of Texas nursing homes, and the low Medicaid reimbursement rate affects the care of the poorest of our elderly population; and WHEREAS, The low Medicaid reimbursement rate results in the closure of many of our rural nursing facilities that are predominantly occupied by Medicaid recipients; and WHEREAS, The low Medicaid reimbursement rate in Texas is highly detrimental to the quality of care given our poorest, sickest, and most dependent older Texans; now, therefore be it RESOLVED, The 14th Silver-Haired Legislature urges the 83rd Texas Legislature to immediately increase the Medicaid reimbursement rate by a substantial percentage. PASSED AND APPROVED on September 102, 2012, by the Health & Human Resources Committee. ___________________________


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By: C. Bruce Davis and Oleavia Holmes R52 Committee Assigned: Retirement & Aging

TDHCA Restore the “Elderly” as a Major Priority for Affordable Housing

A RESOLUTION TO: Encourage the Texas Department of Housing & Community Affairs to build more affordable housing for the elderly in Texas. WHEREAS, The Texas Department of Housing & Community Affairs reviews applications from potential builders of affordable housing in Texas, and allocates “Tax Credit Dollars” in Texas to assist in the building of affordable housing; and WHEREAS, The Texas Department of Housing & Community Affairs has removed from its “point rating system” housing for the elderly as making an application more favorable; and WHEREAS, This change in the “point rating system” in Texas will, most decidedly, result in the decrease of housing for the needy elderly; now, therefore be it RESOLVED, That the Texas Department of Housing & Community Affairs restore the “elderly” as a major priority in their “point rating system” in order that more affordable housing units will be built for needy seniors in Texas. PASSED AND APPROVED on September 11, 2012, by the Retirement & Aging Committee.



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By: C. Bruce Davis, and Oleavia Holmes R53 Committee Assigned: Retirement & Aging

Require TDHCA to Furnish Basic Services in Proposed Elderly Housing Projects

A RESOLUTION TO: Require the Texas Department of Housing and Community Affairs to include services (i.e. housekeeping and meals) in their point system for awarding Tax Credit Dollars for senior adult housing. WHEREAS, The Texas Department of Housing and Community Affairs administers the Federal Tax Credit Dollars for the construction of affordable housing in our state, and TDHCA does not have in its “point rating system” of proposed projects any incentive favoring builders who arrange for services needed by frail, elderly seniors like housekeeping or food services; and WHEREAS, There is a tremendous need in Texas for affordable housing for the elderly with assisted services like housekeeping and meals; and WHEREAS, Current prices charged by many Assisted Living Facilities is out of reach of many poor older persons, and there are not near enough CEBA units to meet this need; now, therefore be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the Department of Housing and Community Affairs to immediately amend its “point rating system” for proposed elderly housing projects to favor projects that arrange for basic services (like housekeeping and meals) needed by the frail, elderly adults of Texas. PASSED AND APPROVED on September 11, 2012, by the Retirement & Aging Committee.



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By: Alan Abraham R54 Committee Assigned: Human Services

Maintain Current Funding for Senior Corps Programs in Texas

A RESOLUTION TO: Maintain current state funding in the 2014-2015 biennium for Senior Corps programs in Texas, including the Retired and Senior Volunteer Program (RSVP), the Foster Grandparents Program (FGP), and the Senior Companion Program (SCP). WHEREAS, Last year, Texas Senior Corps programs recruited and placed 22,968 older volunteers in critical need areas in their communities across Texas, contributing 5,840,590 hours of service worth more than $124,000,000 dollars; and WHEREAS, Twenty thousand, five hundred and fifty-one older citizens took advantage of RSVP’s “one stop shopping” to find significant service opportunities; and another 1,523 FGP volunteers connected with more than 23,000 children and youth with special needs; and another 897 SCP volunteers provided assistance to 1,800 frail seniors, helping them live independently in their homes, and respite services to 1,625 caregivers; and WHEREAS, Senior Corps programs have been held to level funding by the state legislature since FY 2008; yet the demands for volunteerism are expanding in the Lone Star state as demographics show adults over the age of 80 as Texas’ fastest growing group and its over age 60 population predicted to double in less than 20 years; now, therefore, be it RESOLVED, That the 14th Texas Silver Haired Legislature urges the 83rd Texas Legislature to specifically require the Texas Health and Human Services Commission to fund Texas Senior Corps programs at a level that, although effectively reduced by inflation and population increases, will continue to be at or above the dollar level of funding provided by the state each year since 2008. PASSED AND APPROVED on September 10, 2012, by the Human Services Committee.


PASSED AND APPROVED on September 132, 2012, by the Texas Silver-Haired Legislature. _____________________________ Walter C. Graham, Speaker ATTEST: _____________________________ Pat J. Porter, Secretary Return

62

By: Jerry W. Pybus R55

Committee Assigned: Education

Increase State Contribution Rate to Texas Retired Teachers Pension Fund by .5% (½ of 1%)

A RESOLUTION TO: Increase the State contribution rate by .5% each year in the next biennial budget to make the TRS fund solvent. WHEREAS, In 1996 the State contribution rate was reduced from 7.31% to the current 6.40% because TRS had a surplus in its fund at that time. Now, at 6.40% the fund cannot be actuarially sound within the 31-year period required by the State Constitution, and the Texas Constitution requires the Texas Legislature to make a budgetary contribution to the TRS pension fund of no less than 6% and up to 10 % of the aggregate active teacher payroll; and. WHEREAS, Elected officials must realize that 1.3 million Texans are relying on this system for their economic security, and that this fund must be actuarially sound. A healthy TRS pension fund ensures quality employees in Texas schools, provides financial security for public education employees and benefits Texas through broad economic stimulus; and WHEREAS, It has been over eleven years since any public education retiree (teachers, clerks, aides, custodians, maintenance works, cafeteria workers, etc.) in Texas have received a permanent cost of living increase in pension benefits; now, therefore be it, RESOLVED, That the Texas Silver-Haired Legislature urges the 83rd Texas Legislature to raise the State Contribution rate by .5% each of the next two years of the Biennium to make the TRS pension fund solvent, allowing a cost of living raise for all retirees. PASSED AND APPROVED on September 12, 2012 by the Education Committee.

___________________________

______________________________



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By: Betty Streckfuss, Joyce Mayer and Carlos Higgins R56 Committee Assigned: Utilities & Natural Resources

Requiring Utility Companies to Notify Property Owners of Potential Interruptions With Contact Number Furnished and Timely Repair

A RESOLUTION TO: Require written notification to property owners of planned work by any utility company planning work or improvement of whatever kind, in the Area Right of Way (ROW) since homeowners understand access through their property to reach the area known as “Right of Way” is a given area allowed for public service known as “Right of Way”; deemed necessary by a utility service for the well being and/or expansion of service. WHEREAS, Work can and does proceed at any and all times whenever a company needs to expand or update equipment, either under or above ground without additional permission or notification of property owners; and WHEREAS, Some of that work could easily interrupt delivery of other service whose equipment is also in the ROW without a property owner being aware that unexpected problems are occurring insidiously and over a long period of time in their home or on their property unexplained to them, which can cause undue stress, health risks and monetary outlay; and, WHEREAS, Given simple warning by a utility or commercial entity, of intended work beginning on or near the property owners’ adjacent ROW which may be improvement or addition to equipment, that may place a property owner under egregious stress when they are without knowledge of changes being made; now, therefore be it RESOLVED, That the 14th Texas Silver Haired Legislature requests the 83rd Texas State Legislature to draft legislation requiring all and every company offering utility services in any area to notify all property owners of events that may possibly cause them concern or interrupt their services in any way, offer an available contact number to report problems, so owners can expect repair of the service equipment and repair of any damage to the homeowner’s property caused by their actions, additions or activities in the ROW without delay. PASSED AND APPROVED on September 12, 2012, by the Utilities & Natural Resources Committee.



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By: Estella Tyson, Doris Griffin, Juretta Marshall, Homer Lear, Jene Liaci, Christine Johnson

R57


Require Mandatory Sales Price Disclosure on All Commercial and Residential Properties To Achieve Property Tax Equality

A RESOLUTION TO: Introduce legislation to bring accuracy, fairness and equality in determining property taxes. WHEREAS, Texas property owners, including senior citizens, carry a heavy burden regarding property taxes; and WHEREAS, Texas Property Tax Code is vague; many owners of commercial and residential property avoid paying the actual tax amount without revealing the true sales price; and WHEREAS, The lack of full disclosure works against an Appraisal District in obtaining the actual sale price of a property resulting in inequitable taxation among taxpayers and full disclosure will allow all properties to be assessed at true market value and allow property owners to be taxed equitably; now, therefore, be it, RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to require mandatory sales price disclosure on all properties to achieve property tax equality. PASSED AND APPROVED on September 12, 2012, by the State Affairs Committee.

____________________________


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By: Chris Kyker R58 Committee Assigned: Human Services

Establish Two Pilot Sites to Evaluate Effectiveness of The Volunteer Advocate Program for the Elderly

A RESOLUTION TO: Authorize Texas Health and Human Services Commission (HHSC), in consultation with the Department of Aging and Disability Services (DADS) to establish pilot sites to study effectiveness of the Volunteer Advocate Program for the Elderly WHEREAS, House Bill 4154, 81st Legislature, Regular Session, 2009, required HHSC, in consultation with DADS, to appoint an Advisory Committee to advise DADS staff on the development of a report on the implementation of the bill, related to the development of pilot sites for the volunteer advocate program for the elderly, which was submitted December 1, 2010; and

WHEREAS, The report was a detailed program implementation plan and a draft request for pilot sites to determine whether providing the services of a volunteer advocate is effective in achieving goals such as extending the time older individuals can remain in the community, maximizing the efficiency of services delivered to older individuals and facilitating communication between older individuals and/or their informal caregivers and providers of health care and other services; and WHEREAS, No new funds were appropriated to HHSC or DADS to fund the program, including the design, implementation and evaluation of pilot sites or the development of the volunteer advocate curriculum and training of volunteers; now, therefore be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to allocate sufficient revenue funds to establish two pilot sites to evaluate the effectiveness of the Volunteer Advocate Program for the Elderly as authorized by House Bill 4154, 81st Texas Legislature (2009). PASSED AND APPROVED on September 12, 2012, by the Human Services Committee.



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By: Carlos Higgins and Linda Parrish R59 Committee Assigned: Rural – Urban

Allow Local Areas to Claim Federal Funds, Pro Rata

A RESOLUTION TO: allow the voters and local governments in single or adjacent State Senate Districts to claim a pro-rata share of federal funds available for such programs as health-care, nursing homes, and education by meeting matching funds requirements from local sources when the state is unable or unwilling to claim such funds on a state-wide basis. WHEREAS, While the state leadership may decline federal funds on a state-wide basis, the citizens and local governments in some parts of Texas may wish to accept and put to good use their pro-rata share of those federal funds, and also raise from local sources a pro-rata share of any matching funds required to claim those federal funds; and WHEREAS, If citizens in local areas of Texas are authorized to take full advantage of a pro rata share of federal funds, both the local area and the state economy would benefit from the infusion of additional money and jobs; and WHEREAS, Although the authorization for such use of federal funds will require legislation at both the state and federal level, it could lead to federal authorization; now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to allow the voters and local governments to claim a pro-rata share of federal funds available for such programs as health-care, nursing homes, and education by meeting any matching funds requirements from local sources. PASSED AND APPROVED on September 12, 2012, by the Rural – Urban Committee.

Brigitte R. Rogers

____________________________ Brigitte R. Rogers, Chairman


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By: Homer Lear and Carlos Higgins R60 Committee Assigned: Human Services

Education and Training Qualifications for Managers and Staff of Assisted Living Facilities and other Care Facilities

A RESOLUTION TO: Prescribe minimum education and training requirements for managers and staff of Assisted Living and Residential Care facilities. WHEREAS, While seniors and persons with disabilities have long been recognized as vulnerable with needs requiring oversight and protection by well qualified agencies and individuals, Texas does not require education beyond high school and a 24 hour training course (with such training not endorsed nor vetted by the State) for those who manage and are responsible for the overall operation of many 24 hour residential care facilities; and WHEREAS, The State of Texas is experiencing a great increase in Assisted Living and other 24-hour care facilities as more and more individuals and their advocates demand the least restrictive environment with enhanced homelike facilities, and the manager of such a facility is the key to successfully providing the complex and vital services needed by the residents, and to manage these obligations effectively, these managers normally need education beyond a high school equivalency and one year of experience; and WHEREAS, Many other states, including Alabama, South Carolina, Florida, Idaho, Ohio, Alaska, Utah and Pennsylvania, have established a variety of minimum requirements for the management of such facilities, and those varied requirements may serve as a ready model and menu for adjusting Texas laws to provide adequate protection for our more vulnerable citizens; now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to require that an appropriate level of education and training be prescribed for managers and staff of all assisted living and 24-hour residential care facilities in order to insure that residents are provided adequate safety and care. PASSED AND APPROVED on September 11, 2012, by the Human Services Committee.


PASSED AND APPROVED on September 13, 2012, by the Texas Silver-Haired Legislature. _____________________________ ATTEST: Walter C. Graham, Speaker ATTEST: _____________________________ Return

Pat J. Porter, Secretary

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By: Richard Garnett R61 Committee Assigned: Retirement & Aging

HHSC to Study Service Needs of Texans over 60 with Intellectual & Developmental Disabilities

A RESOLUTION TO: Instruct HHSC to form a Task Force to study the unique support and services needs of persons over 60 who have intellectual and developmental disabilities (e.g. DS, ID, ASD, FASD, CP, etc.), determining the concurrent needs of their families, and publishing a plan of response.

WHEREAS, Currently in the United States, no national studies exist that have produced actual counts of persons with an intellectual disability diagnosed with dementia, although some national & state surveys have been undertaken to arrive at estimates. One national survey of state developmental disabilities agencies (National Association of State Directors of Developmental Disabilities Services), found that information on the extent of dementia in people with intellectual & developmental disabilities from state agencies’ perspective is often rudimentary and sketchy; and

WHEREAS, National comprehensive data on the health care needs and the impact of health & long-term support & services reforms on people with developmental disabilities is lacking since surveillance instruments documenting health disparities often lack reliable information on seniors and people with developmental disabilities; and

WHEREAS, In order to develop best practices for bridging the aging and DD networks, there is a need for Texas to pursue research and stakeholder input to assess and understand the nature of the needs of Texans with developmental disabilities and their families and identify the issues facing seniors and people with developmental disabilities and their families; now, therefore, be it

RESOLVED, That the 14th Texas Silver-Haired Legislature encourage and strongly recommend that the 83rd Texas Legislature instruct HHSC to commission an epidemiologic study of its seniors with intellectual and developmental disabilities and establish support needs, related risk factors, prevalence and incidence of intellectual and developmental disabilities and dementia in our Texas senior population today.

PASSED AND APPROVED on September 11, 2012, by the Retirement & Aging Committee.

______________________________ James E. Hitt, Chairman PASSED AND APPROVED on September 12, 2012, by the Texas Silver-Haired Legislature. _____________________________ Walter C. Graham, Speaker ATTEST: _____________________________ Pat J. Porter, Secretary

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By: C. J. “Jim” Brisbin and Brigitte R. Rogers R62 Committee Assigned: Rural - Urban

Reinstate Funds for the Lone Star Libraries Grant

A RESOLUTION TO: To reinstate funds for the Lone Star Libraries Grant to fund services to senior citizens at libraries in the State of Texas. WHEREAS, The Lone Star Grant had been used for purchasing books and periodicals with large print, audio-visual materials, computers, computer software, and Internet services. The Texas libraries need a continuous flow of resources funding for computers, information literacy training and technical assistance to keep pace with demand for technology-based services; and WHEREAS, These services are used by senior citizens for information and lifelong learning centers, who depend on these services by the libraries to stay up-to date on specialty programs that enrich their lives and help them meet their personal goals; now, therefore, be it. RESOLVED, That the 14th Texas Silver-Haired Legislature encourages and strongly recommends that the 83rd Texas Legislature fund the Lone Star Library Grant again to help our libraries upgrade existing and provide needed services for our senior citizens of Texas. PASSED AND APPROVED on September 12, 2012, by the Rural - Urban Committee.

Brigitte R. Rogers

____________________________

Brigitte R. Rogers, Chairman PASSED AND APPROVED on September 13, 2012, by the Texas Silver-Haired Legislature. _____________________________ Walter C. Graham, Speaker ATTEST: _____________________________ Pat J. Porter, Secretary

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By: Jerome Fletcher R63 Committee Assigned: Insurance

Insurance Company Penalties for Failure to Make Prompt Payment on claims

A RESOLUTION TO: Set Penalties on insurance companies for failure to make prompt payments on claims.

WHEREAS, Insurance companies systematically place profits over its own policyholders and have long had a reputation for unfairly delaying and denying claims. This confrontational attitude towards its own policyholders was the brain child of consulting giant McKinsey & Co in the mid-1990s. McKinsey was tasked with developing a way to boost insurance companies’ bottom line. McKinney recommended insurance companies focus on reducing the amount of money it paid in claims, whether or not they were valid with no consideration to the hardships placed on senior citizens; and

WHEREAS, The Texas Department of Insurance (TDI) has found that the overwhelming number of homeowner policies provided up to 45% less coverage. Insurance companies are forcing policyholders to shoulder more and more of the burden by switching from set dollar-based deductibles to percentage-based deductibles, with some going as high as 5%, causing further financial hardships to senior citizens; and

WHEREAS, Insurance companies in Texas since the 1990s have been in the business of “collect ing money and denying claims” to boost their profits instead of honestly serving their policy holders. Furthermore, the money they are able to make off of what is owed the claimant by insurance companies by delaying settlement and investing the money is enormous, called “The Float.” In one year GEICO made 1.3 Billion Dollars on its “Float” alone, now, therefore be it

RESOLVED, That the 14th Texas Silver-Haired Legislature recommends that the 83rd Texas pass legislation that: If the insurer does not settle a claim within 30 days of receiving the claim, the insurer shall pay the claimant the claimant’s estimated value owed on the claim plus a penalty in the amount of an additional 50 percent of the estimate amount as submitted on the claim, or If the claim is paid on or after the 46th day, then the insurer shall pay the claimant a penalty in the amount of an additional 100 percent of the estimate amount, as submitted on the claim, except in cases of widespread or localized disasters.

PASSED AND APPROVED on September 11, 2012, by the Insurance Committee.




71

By: Jerome Fletcher R64 Committee Assigned: Insurance

Legislature Establish Free Service to Locate Unclaimed Benefits

A RESOLUTION TO: Provide a free-of-charge service to assist families in locating unclaimed benefits on life insurance policies/certificates and annuity contracts/certificates insuring the life of, or owned by, a deceased immediate family member. WHEREAS, Many states provide a free-of-charge service to assist families in locating unclaimed benefits on life insurance policies/certificates and annuity contracts/certificates insuring the life of, or owned by, a deceased immediate family member. The service is not available to individuals, companies, organizations or services that charge consumers a fee for making the request or for locating lost life insurance policies or annuity contracts; and WHEREAS, Various Texas insurance companies are aware of this need and are ready to cooperate; and WHEREAS, Seniors, their families and relatives, are in dire need of this service, especially those that are on a limited income; now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature recommends that the 83rd Texas Legislature establish a division within the Texas Department of Insurance to provide a free- of-charge service to assist families in locating unclaimed benefits on life insurance policies/certificates and annuity contracts/certificates insuring the life of, or owned by, a deceased immediate family member. PASSED AND APPROVED on September 11, 2012, by the Insurance Committee.




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By: Carlos Higgins R65 Committee Assigned: Utilities & Natural Resources

Protection for Vulnerable Electric Customers

A RESOLUTION TO: Require electric providers to provide to their most vulnerable customers adequate notice and relief with respect to the disconnection and reconnection of electricity during times of critical need experienced by those customers. WHEREAS, Medically vulnerable electric rate-payers are seniors whose medical conditions are so fragile and their dependence upon electricity so great the state has previously required electric utilities to provide extra customer protections to them with respect to the timing of disconnections and reconnections of their electricity; and WHEREAS, Deregulating electric service in Texas may have brought various justifiable advantages to Retail Electric Providers (REPs) versus Transmission and Distribution Utilities (“TDU”) but one such advantage to REPs – not being required to provide the same level of protection to vulnerable ratepayers as TDUs are required to provide - cannot be justified because it brings with it a significant danger and burden to so many vulnerable Texas citizens; and WHEREAS, Although structural differences between REPs and TDUs may help explain the greater difficulty a customer of a REP might have in communicating to the REP a need for relief, and may help explain why REPs may take longer to react to the needed relief, the burden of solving these REP deficiencies should be placed upon the REP, rather than simply denying timely relief to the ratepayer; now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to require Retail Electric Providers in Texas to provide to their vulnerable residential retail customers the level of adequate protection that Transmission and Distribution Utilities are required to provide to their vulnerable customers, including, especially, the timing and notice of any disconnection and reconnection of service. PASSED AND APPROVED on September 12, 2012, by the Utilities & Natural Resources Committee.



73

By: Gerald W. Johnson, Jr. R66 Committee Assigned: Human Services

Support the Missing in America Project to identify and Inter Veteran Cremains

A RESOLUTION TO: Identify and inter, with military honors, the unclaimed cremains of Veterans of the United States military in Texas. WHEREAS, There are thousands of unidentified and unclaimed veterans cremains; and

WHEREAS, The veterans’ cremains deserve a military interment; and

WHEREAS, The volunteers of the Missing in America Project will provide necessary research to identify the veterans’ cremains and furnish interment at no cost to the funeral homes holding those cremains; now, therefore, be it

RESOLVED: That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to pass legislation that funeral homes report unclaimed cremains to the Texas Funeral Services Commission and work with the Missing in America Project to identify and inter unclaimed veterans’ cremains.




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By: E. Jene Liaci R67


Establish Computer-Electronic Accommodation Program in Senior Service Centers

For Seniors with Disabilities

A RESOLUTION TO: Require full service senior centers to assess the need for adaptive equipment to enable seniors with disabilities to access information technology systems. WHEREAS, Seniors with disabilities should have access to and use of the information environment and services comparable to the access and use available to the non-disabled public. An information technology system is accessible to people with disabilities if it can be used in a variety of ways that do not depend on a single sense or ability; and

WHEREAS, The Coalition of Texans With Disabilities estimates there are 41,013 Texas seniors with disabilities. Thousands of computer savvy baby boomers join the ranks of seniors yearly, many with disabilities such as low vision, blind, deafness, dexterity disabilities, etc.; and WHEREAS, The United Cerebral Palsy Organization currently ranks Texas 50 th in community services for people with disabilities; now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature urges the 83rd Texas Legislature to establish a Computer-electronic Accommodation program in full-service senior centers to allow seniors with disabilities to experience self-sufficiency and inclusion in the information environment. PASSED AND APPROVED on September 11, 2012, by the Human Services Committee.



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By: Betty Streckfuss, Paula Johnson, Jetta Roberts R69 Committee Assigned: Education

Require Specific Geriatric Training in All Texas Schools of Health Care Education

A RESOLUTION TO: Require Geriatric Education to be included in all Texas Medical Schools and

Health Care Education and Continuing Education to include Geriatrics as a distinct Medical Specialty;

not to be substituted or misrepresented under any other Medical Specialty, for Licensure/Insurance

Renewal in Appropriate Fields.

WHEREAS, The senior population of Texans over 60 years of age is nearing four (4) million and the

number of practitioners of Geriatrics is diminishing due to attrition and limited reimbursement by

Medicare for geriatric services; and

WHEREAS, This population of seniors are the most underserved, yet most likely to develop

complicated and costly health problems and long-term care resulting from mismanagement and/or

misdiagnosis; and

WHEREAS, The State of Texas has adopted a State Health Plan for the years 2005-2020 indicating

understanding of the special needs of seniors and considers them unique from other segments of the

population to an extent that proper care cannot be offered by medical personnel who have little or no

Geriatric Education; now, therefore, be it

RESOLVED, That the 14th Texas Silver-Haired Legislature requests the 83rd Texas Legislature to

enact laws that require Geriatric Education be included in all Texas Medical Schools and Health Care

Education and require Continuing Education to include Geriatrics for Licensure/Insurance Renewal in

Appropriate Fields.

PASSED AND APPROVED on September 10, 2012, by the Education Committee.

___________________________

______________________________


PASSED AND APPROVED on September 13, 2012, by the Texas Silver-Haired Legislature. _______________________________ Walter C. Graham, Speaker ATTEST: _____________________________ Pat J. Porter, Secretary Return

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By: Jerry W. Pybus R75 Committee Assigned: Education

Return the State Contribution Rate for Texas Retired School Employees Back to 1.0%

A RESOLUTION TO: Return the State Contribution rate to 1.0% in the next biennium to make the Texas Public School Employee’s TRS-Care Health Fund solvent WHEREAS, In 2010 the 82nd Legislature reduced the TRS-Care State contribution rate from 1.0% to .5% and as the current fund will be nearly gone by 2014; and, WHEREAS, Elected officials must realize that 1.3 million Texans are relying on this system for health care security, and that the fund must be actuarially sound, and that a healthy retiree TRS –Care fund ensures quality future employees in Texas Schools, financial security for retired public education employees; and WHEREAS, TRS retirees have not had a cost-of-living adjustment to their pensions in 12 years, and that TRS members are interested and concerned that their quality of care, health care options and out-of-pocket costs and burdens are not simply be cost-shifted onto retirees; now, therefore, be it RESOLVED: That the 14th Texas Silver-Haired Legislature requests that the 83rd Texas Legislature return the much needed State contribution rate to 1.0% for each of the two years of the biennium. PASSED AND APPROVED on September 10, 2012, by the Education Committee.

___________________________

______________________________



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By: James T. Hubert, Jr. R76

Committee Assigned: Retirement & Aging

Reinstate Free Fishing and Hunting License for Seniors 65 and Older

A RESOLUTION TO: Reinstate the privilege granted to Texas senior citizens 65 years of age and older, to hold a free fishing and hunting license. WHEREAS, The State of Texas recognized the value of its senior residents and honored them with a special privilege to have a fishing and hunting license free of charge; and WHEREAS, The Texas State Legislators amended this law which previously allowed senior citizens, that are Texas residents, born on or before September 1, 1930, to receive a free fishing and hunting license, and then later altered the original legislation, which has lessened the honor; and WHEREAS, Current law (Texas Administrative Code; Title 31; Chapter 53; Sub-chapter A; Division 1; Rule 53.3) requires senior citizens that are residents of Texas, born September 2, 1930 or after, a discounted amount from the cost of these licenses, but is no longer free; now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislative encourages and recommends that the 83rd Texas Legislature to repeal the restrictive legislation and return to the original privilege which allows senior residents of Texas at age 65 years and older to have fishing and hunting licenses free of charge. PASSED AND APPROVED on September 11, 2012, by the Retirement & Aging Committee.



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By: Jetta Roberts R79 Committee Assigned: Insurance

Require Insurance Companies to Immediately Report Canceling or Expired Liability Auto

Insurance to the Department of Public Safety and Revoke Driver’s License

A RESOLUTION: To require insurance companies to report immediately cancelled or expired liability auto insurance to the Department of Public Safety. WHEREAS, The mandatory insurance law instituted in 1981 was supposed to lower the cost of coverage that protects policyholders from losses caused by uninsured motorists, but the cost has increased by about fifty percent over the past five years in most of Texas, according to State Guidelines for insurance rates; and WHEREAS, When an accident occurs with an uninsured motorist, the insured individual has to pay their deductible using their own insurance which causes an increase of their premium. This becomes costly for those who are low income earners and for those who are on fixed incomes. Those who obey the law are being penalized financially for those who do not; and WHEREAS, To renew a driver’s license, vehicle registration, or auto inspection, one must show proof of insurance. There are some consumers buying insurance for one year then either cancelling it or letting it expire by not paying the premiums; now therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature encourages and strongly recommends that the 83rd Texas State Legislature to adopt a policy requiring insurance companies to immediately report when a policy is cancelled or expires to the Department of Public Safety and that the individual’s Driver’s License be revoked until proof of insurance is established. PASSED AND APPROVED on September 12, 2012, by the Insurance Committee.




_____________________________ Walter C. Graham, Speaker ATTEST: _____________________________ Pat J. Porter, Secretary

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By: Mari Okabayashi R80

Committee Assigned: Rural – Urban Appealed to Legislative Action Committee

Mandate Governmental Entities to Use “Complete Streets” Designs and Policies

A RESOLUTION TO: Mandate consideration of Complete Streets applications when developing, building, and reconstructing roads. WHEREAS, The concept of livable communities is to ensure the ability for everyone—motorists, transit riders, bicyclists, and pedestrians of all ages and abilities—to travel and walk safely; and complete streets provide a safe, convenient, and context-sensitive facility for all modes of travel; and WHEREAS, Incomplete streets and streets that prioritizes fast vehicular travel are unsafe for travel by foot, bike, or public transportation and are especially dangerous for seniors or those with disabilities who wish to cross very busy, expansive intersections and who wish to walk along a street with no or very narrow sidewalks; older adults are 96% more likely to be killed while walking than those under 65; Texas has two metropolitan areas in the top ten Most Dangerous Metro Areas for pedestrians; and

WHEREAS, Implementing Complete Streets adds little to the expense of the transportation budget and is cost effective because Complete Streets improves safety, encourages more walking and bicycling, eases transportation problems by increasing overall capacity of the transportation network, and makes economic sense; now, therefore, be it

RESOLVED, That the 14th Texas Silver-Haired Legislature encourage and strongly recommends that the 83rd Texas Legislature pass legislation to consider counties, cities and other governmental entities to use Complete Streets designs and policies when developing, building, and reconstructing roads.

PASSED AND APPROVED on Appeal, September 12, 2012, by the Legislative Action Committee.

__Carlos Higgins__________

Carlos Higgins, Chairman PASSED AND APPROVED on September 13, 2012, by the Texas Silver-Haired Legislature. _____________________________ Walter C. Graham, Speaker ATTEST: _____________________________ Pat J. Porter, Secretary

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By: Richard Garnett R81


Provide Family Caregiver Training for Families of People with Disabilities

A RESOLUTION TO: Instruct Health and Human Services Commission to develop an ongoing proactive family caregiver training initiative focused on preventing out of home facility placement due to problematic behavioral challenges in their adult children with intellectual & developmental disabilities and dementia through various interventions, including positive behavioral support strategies. WHEREAS, About 6% of adults with an intellectual disability will be affected by some form of dementia after the age of 60 (with the percentage increasing with age) and for adults with Down Syndrome, studies show that at least 25% will be affected with dementia after age 40 and at least 50% to 70% will be affected with dementia after age 60; and WHEREAS, There are at least 54,000 adults with an intellectual disability and cognitive decline (dementia and MCI) in the United States. Further, estimates drawn from the 2010 State of the States report also suggest that there may be about 33,000 adults with developmental disabilities and dementia currently living at home with older family caregivers and perhaps twice as many living in out-of-family-home settings; and WHEREAS, Most adults with an intellectual disability live in community settings, mostly at home with support from families, friends and service providers and with advanced age many experience age-related conditions and diseases, including dementia. Care and supports for adults with intellectual disability affected by dementia can be primarily provided within the community, typically at home, and appropriate services can prevent institutionalization; now, therefore, be it RESOLVED, That the 14th Texas Silver Haired Legislature encourage and strongly recommend that the 83rd Texas Legislature instruct HHSC to develop an ongoing proactive family care-giver training initiative focused on preventing out of home facility placement due to problematic behavioral challenges in their adult children with intellectual and developmental disabilities and dementia. PASSED AND APPROVED on September 12, 2012, by the Human Services Committee.

______________________________ Chris Kyker, Chairman


_____________________________ Walter C. Graham, Speaker ATTEST: _____________________________

Pat J. Porter, Secretary Return

81

By: Carol Peters R82


Restore 2010 Funding Level for Texas Long Term Care Institute

A RESOLUTION TO: Restore the 2010 funding level for the Texas Long Term Care Institute in support of their educational programs to promote quality services in long-term care facilities in Texas.

WHEREAS, The Institutes goals’ align with the needs identified by the Texas Area Agencies on Aging to encourage new and innovative environments in nursing homes and assisted living facilities. The Institute has funded student scholarships and internships in long-term care to increase participation in such careers; and

WHEREAS, The mission of the Institute is to provide research, consultation, and technical assistance in a move from institutional style long-term care to a more person-centered community with multicultural intergenerational service learning; and

WHEREAS, The Institute is a founding member of the Texas Culture Change Symposium which reports on research to further develop educational materials and enhance outreach efforts in the fields of long term care, assisted living, gerontological social work, cultural signature of Hispanic elderly, and caregiver support groups; now, therefore, be it

RESOLVED, That the 14th Texas Silver Haired Legislature urges the 83rd Texas Legislature to appropriate funding to restore the 2010 level for the Texas Long Term Care Institute to support increased research and education that promotes meaningful lives for senior citizens and individuals with disabilities as they age in place or in long term care facilities.

PASSED AND APPROVED on September 12, 2012, by the Human Service Committee.


PASSED AND APPROVED on September 13, 2012, by the Texas Silver-Haired Legislature. _____________________________ Walter C. Graham, Speaker ATTEST: ______________________ Pat J. Porter, Secretary

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The 14th Texas Silver-Haired Legislature

Consent Resolutions

Table of Contents

CR-1 Senior Day at the Capitol

CR-2 Tribute to 13th TSHL Officers

CR-3 Texas Silver-Haired Legislature Foundation

CR-4 Texas Association of Area Agencies on Aging

CR-5 Texas Department of Aging and Disability Services

CR-6 The Honorable Rick Perry, Governor of Texas

CR-7 The Honorable Hope Andrade, Secretary of State

CR-8 The Honorable Joe Straus, Speaker of The Texas House of Representatives

CR-9 Sergeant at Arms Rod Welsh

CR-10 Texas Legislative Committee on Aging

CR-11 The Honorable Charlie L. Geren, Chair, House Administration Committee

CR-12 Melinda Wilkins, Events and Exhibits Coordinator, State Preservation Board

CR-13 Ms. Lu Russell, Parliamentarian

CR-14 Texas Board of Nursing and Katherine A. Thomas, Executive Director

CR-15 Austin Police Department Motorcycle Escort

CR-16 Sam Porter Giffords, Technology Consultant

CR-17 Election of 14th TSHL Officers

CR-18 Organization of 14th TSHL Executive Committee

CR-19 Organization of 14th TSHL Standing Committees

CR-20 Organization of 14th TSHL Special Committees

APPENDIX A Executive Committee

APPENDIX B Legislative Issues Committees

APPENDIX C Administrative Committees

APPENDIX D Special Committees

APPENDIX E 14th TSHL Schedule 2012-2013

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CONSENT RESOLUTION 1

Senior Day at the Capitol

WHEREAS, There are more than three million older Texans who have given decades of service to build the Texas of today and to prepare the Texas of tomorrow. As grandparents, mentors, teachers, and role models for millions of Texans in younger generations, they continue to instill cherished values in Texas children and grandchildren; and

WHEREAS, These older Texans reflect not only the ethnic, spiritual, and cultural diversity of Texas but also our common bonds which have made Texas a leader in education, industry, agriculture, space exploration, information technology, literature, music, the arts, and sports; and, at great risk to themselves, defended our State and Nation so that democracy could thrive in Texas, our Nation, and globally; and

WHEREAS, It is appropriate that the people of Texas give recognition and thanks for the contributions of older Texans; now, therefore, be it

RESOLVED, That the 14th Texas Silver-Haired Legislature requests that the 83rd Texas Legislature proclaim February 12, 2013, as Senior Day in Texas and urge that the contributions and accomplishments of older Texans be celebrated and commemorated with appropriate ceremonies by the people of Texas at the State Capitol.

PASSED AND APPROVED on September 11, 2012, by the 14th Texas Silver-Haired Legislature.

______ Walter C. Graham, Speaker

Albert B. Campbell_________

Albert B. Campbell, Deputy Speaker Pro Tem

ATTEST:


85



Tribute to the 13th TSHL Officers

WHEREAS, The continued success of the Texas Silver-Haired Legislature depends, in large part, on the leadership of its officers; and

WHEREAS, Those individuals that serve in an officer position in the Texas Silver-Haired Legislature often go beyond the call of duty to serve the senior citizens of the great state of Texas; and

WHEREAS, The leaders elected for the 13th TSHL were

SPEAKER WALTER C. GRAHAM SPEAKER PRO TEM OSCAR GARCIA DEPUTY SPEAKER PRO TEM BETTY STRECKFUSS SECRETARY PAT J. PORTER COMPTROLLERS MAURICE OSBORN & KATY KAPPEL

NOW, THEREFORE, BE IT RESOLVED, That all members of the 14th Texas Silver-Haired Legislature hereby pay tribute to the officers of the 13 th Texas Silver-Haired Legislature and express our appreciation and gratitude for their commitment and dedication in providing able leadership during their terms of office and being key advocates for older Texans. PASSED AND APPROVED on September 11, 2012, by the 14th Texas Silver-Haired Legislature.




ATTEST:


86



Appreciation to the Texas Silver-Haired Legislature Foundation

WHEREAS, The Texas Silver-Haired Legislature Foundation was established in 1986 to provide educational and training support for the Texas Silver-Haired Legislature; and

WHEREAS, The Texas Silver-Haired Legislature Foundation offers assistance that is most important in realizing our common goals and objectives; and

WHEREAS, During the past terms of TSHL, the Foundation sponsored fundraising events such as the awards dinner, Esther’s Follies, After Sine Die Luncheon and other ongoing financial and volunteer support of TSHL mission; and

WHEREAS, On September 12, 2010, the TSHL Foundation hosted the 25 th anniversary of the Texas Silver-Haired Legislature and fundraising auction to benefit TSHL; now, therefore, be it

RESOLVED, That the members of the 14th Texas Silver-Haired Legislature express our appreciation to the Texas Silver-Haired Legislature Foundation and highly commend its Board and Officers for outstanding efforts, dedication and service since 1986.





ATTEST:


87



Appreciation to the Texas Association of Area Agencies on Aging

WHEREAS, The coordination and continued support of the Texas Silver-Haired Legislature by the Texas Association of Area Agencies on Aging (T4A) in conducting the election of Texas Silver-Haired Legislators from the 28 regions of Texas benefitted the Senior population of Texas; and

WHEREAS, The T4A and Texas Silver-Haired Legislature pre-orientation training conferences conducted in various parts of Texas provided invaluable training opportunities and a resource book of materials for the newly elected and re-elected members of the Silver-Haired Legislatures; now, therefore, be it

RESOLVED, That the 14th Texas Silver-Haired Legislature express gratitude to the Texas Association of Area Agencies on Aging and to the individual staff members who have devoted time and effort to support the activities of TSHL elections, pre-orientation training, T4A Resource Workbooks and its encouragement of the Texas Silver-Haired Legislature in carrying out the mission of advocacy for older Texans as authorized by Senate Concurrent Resolution 37 of the 69 th Texas Legislature.

PASSED AND APPROVED on September 11, 2012 by the 14th Texas Silver-Haired Legislature.




ATTEST:


88



Appreciation to Texas Department of Aging and Disability Services

WHEREAS, The Texas Department of Aging and Disability Services (DADS) has acknowledged the efforts of prior Texas Silver-Haired Legislatures in their tireless advocacy for the seniors of the State of Texas by the presence and support of many DADS representatives in those endeavors; and

WHEREAS, DADS gives generously of time and knowledge to help the TSHL’s Advocacy role through information and references; and

WHEREAS, The assistance from the Department of Aging and Disability Services and better knowledge of the efforts by the Department enables greater advocacy by the Texas Silver-Haired Legislature, and raises the respect and esteem with which the Texas Silver-Haired Legislature is viewed by State Agencies; now, therefore, be it

RESOLVED, That the 14th Texas Silver-Haired Legislature expresses gratitude and appreciation for the guidance and confidence shown by DADS in its support of the Texas Silver-Haired Legislature in our efforts to carry on the responsible mission of advocacy for older Texans.





ATTEST:


89

he 14th Texas Silver-Haired Legislature


Tribute to The Honorable Rick Perry, Governor of Texas

WHEREAS, The continued success of the State of Texas depends, in large part, on its leadership, and

WHEREAS, Rick Perry, in his role as Governor of this great state, promotes the protection of Texas senior citizens and often goes beyond the call of duty to serve the senior citizens of the great state of Texas; and

WHEREAS, The Governor is responsible for the safety and security of Texas citizens in good weather and bad as when hurricanes have come through South and Southeast Texas and has carried out his responsibilities with timely action in coordination with local, state, and federal offices; now, therefore, be it

RESOLVED, That all members of the 14th Texas Silver Haired Legislature hereby pay tribute to Rick Perry, the Governor of Texas, for able leadership during the times of distress and times between crises of economics or weather.





ATTEST:


90



Appreciation to The Honorable Hope Andrade, Secretary of State and Coby Shorter III, Deputy Secretary of State

WHEREAS, The Honorable Hope Andrade, Secretary of State addressed the 14 th Texas Silver-Haired Legislature during the Orientation Session on July 12, 2011, and administered the Oath of Office to the members of the TSHL; and

WHEREAS, The Honorable Hope Andrade, Secretary of State prepared and delivered the State of Texas official Commission to members of the 14th Texas Silver-Haired Legislature; and

WHEREAS, The Honorable Coby Shorter III, Deputy Secretary of State administered the Oath of Office to four new members, September 11, 2012; now, therefore, be it

RESOLVED, That all members of the 14th Texas Silver-Haired Legislature express our deepest appreciation and gratitude to The Honorable Hope Andrade, Secretary of State and The Honorable Coby Shorter, Deputy Secretary of State for administering the oath and presenting the Commission to all members, and for words of encouragement to the 14th Texas Silver-Haired Legislature.





ATTEST:


91



Appreciation to The Honorable Joe Straus, Speaker of The Texas House of Representatives

WHEREAS, The ultimate goals and objectives of this organization on behalf of Texas seniors are in concert with the intent of the Texas Legislature and can best be met through effective communications and cooperation with the Texas Legislature and its Speaker; and

WHEREAS, The Honorable Joe Straus, Speaker, Texas House of Representatives, continues to support and encourage the Texas Silver-Haired Legislature in its deliberations and efforts on behalf of Texas senior citizens; now, therefore, be it

RESOLVED, That all members of the 14th Silver-Haired Legislature wish to express our deepest appreciation and gratitude to Speaker Joe Straus for his encouragement and for his cooperation in sharing the House Chambers and meeting rooms with the 14th Texas Silver-Haired Legislature during its Legislative Sessions, September 10-14, 2012.





ATTEST:


92



Appreciation to Rod Welsh, House Sergeant At Arms

WHEREAS, Rod Welsh, Sergeant At Arms for the Texas House of Representatives, provided timely and efficient services and support to the 14th Texas Silver-Haired Legislature during its Legislative Session, and

WHEREAS, The Texas Silver-Haired Legislature was enabled to conduct its sessions more effectively and productively as a result of the support provided by Rod Welsh and his staff; now, therefore, be it

RESOLVED, That the 14th Texas Silver-Haired Legislature expresses its deep and respectful gratitude to Rod Welsh, House Sergeant At Arms, and to his staff, for the help and cooperation given so readily and efficiently to the Texas Silver-Haired Legislature leading up to and during the TSHL’s use of the House Chambers and meeting rooms for the conduct of its Legislative session in 2012.





ATTEST:


93



Appreciation to Texas Legislative Committee on Aging

WHEREAS, The 81st Texas Legislature passed House Bill 610, authored by Representative Elliott Naishtat and sponsored by Senator Leticia Van de Putte, to establish the Texas Legislative Committee on Aging to study issues relating to the aging population of Texas, including issues related to the health care, income, transportation, housing, education, and employment needs of that population; and make recommendations to address those issues; and WHEREAS, HB 610 was the first priority of the 12th Texas Silver-Haired Legislature with strong support of Texas Senior Advocacy Coalition, Texas Conference on Aging, and other advocacy groups; and WHEREAS, Committee members were appointed by Governor Rick Perry, Speaker Joe Straus, and Lieutenant Governor David Dewhurst; now, therefore, be it RESOLVED, That the 14th Texas Silver-Haired Legislature expresses its appreciation for the

continued leadership, vision of the Texas Legislature and Governor Perry, and to committee

members: Representative Elliott Naishtat, Chair; Senator Eddie Lucio, Jr., former Chair; Senator Joan

Huffman, J.D; Representative Susan King, R.N; Betty Streckfuss, R.N; and Homer Lear, Colonel, U.S.

Air Force, Retired.





ATTEST:


94



Appreciation to The Honorable Charlie L. Geren,

Chair, House Administration Committee

WHEREAS, The Honorable Charlie L. Geren as Chair of the House Administration Committee

graciously accommodated the needs of the Texas Silver-Haired Legislature during its 14th Legislative

Session; and

WHEREAS, The Texas Silver-Haired Legislature wishes to thank Representative Charlie Geren and

each member of the House Administration Committee for all the help they provided the Texas Silver-

Haired Legislature in arranging for the use of committee rooms and the House Lounge for the TSHL

Legislative Session; now, therefore, be it

RESOLVED, That the 14th Texas Silver-Haired Legislature expresses its appreciation and sincere

thanks to the Honorable Charlie L. Geren and the House Administration Committee for their generous

help and support during the 14th Legislative Session of the Texas Silver-Haired Legislature.





ATTEST:


95



Appreciation to Melinda Wilkins, Events & Exhibits Coordinator

State Preservation Board

WHEREAS, Melinda Wilkins, Events and Exhibits Coordinator, State Preservation Board, provided timely and efficient services and support to the 14th Texas Silver-Haired Legislature to enable TSHL to conduct its legislative session; and

WHEREAS, The 14th Texas Silver-Haired Legislature was enabled to conduct its sessions effectively and productively as a result of the support provided by Melinda Wilkins; now, therefore, be it

RESOLVED, That the 14th Texas Silver-Haired Legislature expresses appreciation to Melinda Wilkins, Events and Exhibits Coordinator, State Preservation Board, for the help and cooperation given so readily to enable the Texas Silver-Haired Legislature to use the Capitol Auditorium and Legislative Conference Center to conduct the 14th TSHL Legislative Session in 2012.





ATTEST:


96



Appreciation to Ms. Lu Russell - Parliamentarian

WHEREAS, The Texas Silver-Haired Legislature operates under Bylaws, Rules, and Policy and Procedures enacted by the members; and

WHEREAS, The correct interpretation of these Bylaws, Rules, and Policy and Procedures are essential for effective and productive meetings; and

WHEREAS, It is necessary to have a professional Parliamentarian to interpret these documents; now, therefore, be it

RESOLVED, That the members of the 14th Texas Silver-Haired Legislature express their appreciation to Ms. Lu Russell for her generous donation of time, training and expertise to the Texas Silver-Haired Legislature.





ATTEST:


97



Appreciation to the Texas Board of Nursing and Katherine A. Thomas, Executive Director

WHEREAS, The Texas Silver-Haired Legislature advocated for expanded geriatric education for all

health care providers and identified the issue as a top priority during the TSHL Legislature Session of

2010; and

WHEREAS, The Texas Board of Nursing, during its July 2012 meeting, adopted the rule changes to

the education rules, Rule 214 for Vocational Nursing Education and Rule 215 Professional Nursing

Education, to place more emphasis on the care of older adults as well as end of life care in the

curricula; and

WHEREAS, The rules include curricula to prepare students to safely practice professional nursing

through the promotion, prevention, rehabilitation, maintenance, restoration of health, and palliative

and end-of-life care for individuals of all ages across the lifespan; now, therefore be it

RESOLVED, That the members of the 14th Texas Silver-Haired Legislature express our appreciation

to Katherine A. Thomas, Executive Director, and members of the Texas Board of Nursing for their

vision and dedication to skilled and loving care of geriatric patients.





ATTEST:


98



Tribute to the Austin Police Department’s Motor Cycle Brigade A RESOLUTION TO: To honor the exemplary service of the Austin, Texas Police Department’s Motor Cycle Brigade. WHEREAS, The members of the Texas Silver-Haired legislature were escorted by the APD’s Motor Cycle Brigade in a fashion reserved for royalty and presidents; and WHEREAS, Sergeants Ely Reyes, Mike Hugman, and Officer Timothy Atkinson were competent, professional, and courteous in the conduct of this service; and WHEREAS, On July 12th, 2011, the entire delegation of the Texas Silver-Haired Legislature was escorted from the Wyndham Garden Hotel to the Legislative Chambers of the Capitol promptly and safely; now, therefore be it. RESOLVED, That the 14th Texas Silver-Haired Legislature honors all of those brave members of the Motor Cycle Brigade of the Austin Police Department for their outstanding service. PASSED AND APPROVED on September 11, 2012, by the Texas Silver-Haired Legislature.




ATTEST:


99



Appreciation to Sam Porter Giffords, Technology Consultant WHEREAS, The Texas Silver-Haired Legislature adopted an Information Technology plan to focus on developing a coordinated technology system to include the Resolution Process, Publications, TSHL Websites and TSHL Election Process; and WHEREAS, Sam Porter Giffords, Technology Consultant, has provided unusual and sustained technology assistance over a period of years as a volunteer, who received no remuneration for time or travel from Gig Harbor, Washington; and WHEREAS, Sam Porter Giffords has provided individual and class training for all TSHL members during Orientation Sessions, provided technical assistance in preparing the revised Election & Credentials Manual, and assisted management of the resolution process during the Legislative Session; now, therefore be it RESOLVED, That the 14th Texas Silver-Haired Legislature expresses our gratitude and appreciation to Sam Porter Giffords for her commitment to excellence as a technology consultant and her unwavering and sustained gift of her time, travel and technical expertise as a volunteer. PASSED AND APPROVED on September 11, 2012, by the Texas Silver-Haired Legislature.




ATTEST:


100



Election of 14th TSHL Officers

WHEREAS, The 14th Texas Silver-Haired Legislature adopted leadership positions and officers of the Texas Silver-Haired Legislature; and

WHEREAS, During the 14th Orientation Session, the Texas Silver-Haired Legislature met and elected five (5) officers who took their oaths of office on July 14, 2011, as follows:

SPEAKER WALTER C. GRAHAM

SPEAKER PRO TEM BETTY LEE STRECKFUSS

DEPUTY SPEAKER PRO TEM ALBERT B CAMPBELL

SECRETARY PAT J. PORTER

COMPTROLLER C. BRUCE DAVIS

WHEREAS, All TSHL members recognize that strong leadership is key to the continued success of the Texas Silver-Haired Legislature; now, therefore, be it

RESOLVED, That all members of the 14th Texas Silver-Haired Legislature hereby congratulate these officers and wish them great success in carrying out the duties of their respective offices.





ATTEST:


101



Organization of 14th TSHL Executive Committee

WHEREAS, The TSHL Executive Committee is a vital part of the Texas Silver-Haired Legislature, established for the purpose of deliberating and taking action to matters of consequences to the Texas Silver-Haired Legislature; and

WHEREAS, Bylaws and appropriate policies and procedures have been approved and promulgated by the 14th Texas Silver-Haired Legislature that define and fix the limit of the authority and responsibilities of the Executive Committee; and

WHEREAS, The 14th Texas Silver-Haired Legislature met and elected or appointed members to serve on the Executive Committee as representatives of older residents of their respective districts; now, therefore be it

RESOLVED, That the Executive Committee of the 14th Texas Silver-Haired Legislature is composed of representatives as shown on Appendix A of this Consent Resolution.





ATTEST:


102



Organization of 14th TSHL Standing Committees

WHEREAS, The 14th Texas Silver-Haired Legislature constituted certain standing committees for the purpose of researching areas of concern and for receiving public testimony in regard to the issues affecting elderly citizens of Texas, which should be addressed by the Legislature of the State of Texas; and

WHEREAS, The 14th Texas Silver-Haired Legislature has constituted other standing committees for the purpose of planning and conducting the administrative operations within the functional areas as designated by the title; and

WHEREAS, Bylaws and appropriate policies and procedures have been approved and promulgated by the 14th Texas Silver-Haired Legislature that define and fix the limit of the authority and responsibilities of the standing committees; and

WHEREAS, In accordance with the bylaws, and policies and procedures, the governing body met during the TSHL Orientation Session, July 10-14, 2011, and elected or appointed members to serve on said committees; now, therefore, be it

RESOLVED, That said 14th Texas Silver-Haired Legislature establish the following Legislative Issues Committees and Administrative Committees composed of the legislators as shown on Appendices B and C.




ATTEST: Albert B. Campbell, Deputy Speaker Pro Tem


103



Organization of 14th TSHL Special Committees

WHEREAS, The 14th TSHL Executive Committee constituted certain special committees for the purpose of researching areas of concern, and establishing programs and services for members; and

WHEREAS, Bylaws and appropriate policies and procedures have been approved and promulgated by the 14th Texas Silver-Haired Legislature that define and fix the limit of the authority and responsibilities of the special committees; and

WHEREAS, In accordance with the bylaws, and policies and procedures, the Executive Committee met during the TSHL Orientation Session, July 14, 2011, and approved the special committees and members as appointed by the TSHL Speaker, to include:

AWARDS COMMITTEE JANE BLAY, CHAIR BENEVOLENCE ELSIE WHITESIDE, CHAIR ETHICS REVIEW PANEL ALAN ABRAHAM, CHAIR RESOLUTION REVIEW PANEL PAT J. PORTER, CHAIR SILVER BULLETIN NANCY BYLER, EDITOR TECHNOLOGY COMMITTEE CHRIS KYKER, CHAIR TRAINING COMMITTEE DELIA OROPEZ, CHAIR

NOW, THEREFORE BE IT RESOLVED, That the 14th Silver-Haired Legislature acknowledges with gratitude these special committees and the leadership and vision of their members in carrying out the duties of their respective studies and programs as shown in Appendix D.




ATTEST: Albert B. Campbell, Deputy Speaker Pro Tem


104

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A P P E N D I C E

S

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APPENDIX A


2011 – 2013

EXECUTIVE COMMITTEE

OFFICERS

Speaker Walter C. Graham West Central Texas Speaker Pro Tem Betty Lee Streckfuss Harris County Deputy Speaker Pro Tem Albert B. Campbell Brazos Valley Secretary Pat J. Porter Permian Basin Comptroller C. Bruce Davis West Central Texas

LEGISLATIVE ISSUES COMMITTEE CHAIRS Criminal Justice Elsie Whiteside East Texas Education A.G. “Pete” Hinojosa, Sr. Harris County Health & Human Resources Betty Trotter Panhandle Human Services Chris Kyker West Central Texas Insurance Juretta Marshall Bexar County Retirement & Aging James E (Jim) Hitt North Central Rural – Urban Affairs Brigitte Rogers Concho Valley State Affairs Mona Bailey Tarrant County Utilities & Natural Resources Robert T. Fitzgerald Alamo

ADMINISTRATIVE COMMITTEE CHAIRS Communications Roy A. Watson North Central Texas Election & Credentials Linda Parrish Brazos Valley Finance Rodolfo “Rudy” Cantu Coastal Bend Operations Billie Erwin Coastal Bend Legislative Action Carlos Higgins Capital Area

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DISTRICT REPRESENTATIVES

Jane Blay South Plains

Bobbie Brodnax Deep East Texas

Gerardo (Tito) Camacho Rio Grande

Presley Donaldson Heart of Texas

Patricia S. Dorrough Ark-Tex

Joyce Mayer Central Texas

Ramon Garcia, Jr. Middle Rio Grande

Ruth Bowling Dallas County

Betty Trotter Panhandle

Charlynne Elliott Texoma

J. Mannon Mints Golden Crescent

John Giovannini Houston/Galveston

Arnold Oliver North Texas

Adalaide Cash Balaban South East Texas

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The 14th TSHL Administrative Committees APPENDIX B

COMMUNICATION ELECTION & CREDENTIALS FINANCE

Roy A. Watson, Chair Linda H. Parrish, Chair Rodolfo (Rudy) Cantu, Chair

Lyn Chambers, Vice Chair Carolyn E. Williamson, Vice Chair Jerry Stamps, Vice Chair

Keith Callaway, Secretary Delia Oropez, Secretary Trini Garza, Secretary Jane Blay Alan Abraham Bill T. Bailey Nancy Byler Vada Baldree Adalaide Cash Balaban Stephen A. Coycault Dolan Brinson Presley Donaldson Joe Neil Folk Bobbie Brodnax Patricia S. Dorrough LaNelle Gallant Lee Ruth Bryant Charlynne Elliott Ramon H. Garcia, Jr. Carlton Buesing Ray Ellisor Richard Garnett Lynn Crisp Jack Fisk Bettye Green Johnie Curtis John Giovannini Doris Griffin Jim Endicott Roberto Gutierrez, Jr. Maurine M. Gross Dr. Robert T. Fitzgerald A. G. “Pete” Hinojosa, Sr. Jack Hayward Lela Foreman James E (Jim) Hitt Oleavia Holmes Cecilia Gutierrez Chris Johnson Jerry Johnson Jerre Hubbard LeeRoy W. Kiesling Jene Liaci Paula O. Johnson Chris Kyker Joyce Mayer Bobby R. (Bob) McCarn Homer W. Lear Anne Z. Mazone Myron Meier Mari Okabayashi Wayne Merrill Norma C. Mena Jerry Pybus Jane Nelson Arnold Oliver Jetta Roberts Tomi Oliver Barbara Pope Howdy C. Smith Charlotte Parks Brigitte R. Rogers Oscar Soliz Mark M. Walsh Mary Margaret Sturdivant Estella Tyson

OPERATIONS LEGISLATIVE ACTION

Billie Erwin, Chair Carlos Higgins, Chair

James T. (Ted) Hubert, Vice Chair Paula O. Johnson, Vice Chair

Judy Ward, Secretary Mari Okabayashi, Secretary Barbara Aydlett Mona Bailey Mona Bailey Dr. Robert T. Fitzgerald Willie Belle Boone James (Jim) Hitt Ruth Bowling A. G. “Pete” Hinojosa, Sr. C. J. (Jim) Brisbin Chris Kyker Gerardo (Tito) Camacho Juretta Marshall Wayne Daniels Brigitte Rogers Jerome Fletcher Betty Trotter Sandra Graham Elsie Whiteside Betty C. Hooey Jane Lanier Juretta Marshall J. Mannon Mints Kenneth (Ken) Nesmith Carol Peters Callie Ragon Diana H. Randermann Robert C. Smith Mary Pat Smith Betty Trotter Della R. Turner Elsie Whiteside Return

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14th TSHL Legislative Issues Committees APPENDIX C

CRIMINAL JUSTICE EDUCATION HEALTH & HUMAN

RESOURCES Elsie Whiteside, Chair A.G. (Pete) Hinojosa, Sr. Chair Betty Trotter, Chair

Robert C. Smith, Vice Chair Nancy Byler, Vice Chair Jetta Roberts, Vice Chair

Bettye Green, Secretary Betty C. Hooey, Secretary Barbara Aydlett, Secretary

Bill T. Bailey Lynn Crisp Adalaide Cash Balaban

LaNelle Gallant Wayne Daniels Jane Blay

Trini Garza Joe Neil Folk Ruth Bowling

Jane Lanier Lela Foreman Lyn Chambers

J. Mannon Mints Jerre Hubbard Cecilia Crossley

Reymundo (Rey) Oropez Ted Hubert Pat Dorrough

Oscar Soliz Delia Oropez Sandra Graham

Jerry Stamps Carol Peters Myron Meier

Jerry Pybus Mari Okabayashi

Mark M. Walsh Tomi Oliver

Roy A. Watson Linda H. Parrish

Carolyn E. Williamson Barbara Pope

Howdy C. Smith

Mary Pat Smith

HUMAN SERVICES INSURANCE RETIREMENT & AGING

Chris Kyker, Chair Juretta Marshall, Chair James E. (Jim) Hitt, Chair

Diana Randermann, Vice Chair Stephen Coycault, Vice Chair Billie Erwin, Vice Chair

Keith Callaway, Secretary Jack Hayward, Secretary Norma C. Mena, Secretary

Alan Abraham Jerome Fletcher Vada Baldree

Bobbie Brodnax Ramon H. Garcia, Jr. Carlton Buesing

Lee Ruth Bryant LeeRoy W. Kiesling Gerardo (Tito) Camacho

Richard Garnett Johnie Curtis

John Giovannini Doris Griffin

Cecilia Gutierrez Maurine M. Gross

Jene Liaci Oleavia Holmes

Callie Ragon Mary Margaret Sturdivant

RURAL-URBAN AFFAIRS STATE AFFAIRS UTILITIES & NATURAL

RESOURCES Brigitte Rogers, Chair Mona Bailey, Chair Dr. Bob Fitzgerald, Chair

Charlynne Elliott, Vice Chair Arnold Oliver, Vice Chair Presley Donaldson, Vice Chair

Judy Ward, Secretary Vacancy, Secretary Ken Nesmith, Secretary

Rodolfo (Rudy) Cantu Jim Endicott Willie Belle Boone

Jerry Johnson Jack Fisk Dolan Brinson

Della R. Turner Roberto Gutierrez, Sr. C.J. “Jim” Brisbin

Carlos W. Higgins Ray Ellisor

Chris Johnson Joyce Mayer

Paula O. Johnson Anne Z. Mazone

Homer W. Lear Bobby R. (Bob) McCarn

Estella Tyson Wayne Merrill

Jane Nelson

Charlotte Parks

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The 14th Special Committees APPENDIX D

TRAINING TECHNOLOGY/ACADEMY ETHICS

Delia Oropez, Chair Chris Kyker, Chair Alan Abraham, Chair

Presley Donaldson Jack Hayward Ted Hubert

Cecilia Gutierrez Ken Nesmith Adalaide Balaban

Jane Blay Linda Parrish Jim Endicott

Linda Parrish Pat J. Porter Arnold Oliver

Homer Lear

AWARDS COMMITTEE RESOLUTION REVIEW PANEL TSHL DIRECTORY 2012

Jane Blay, Chair Pat J. Porter, Chair Chris Kyker, Editor

Carlos Higgins Bill Bailey Jim Hitt, Director of Sales

Jetta Roberts Adalaide Balaban Pat J. Porter, proof reader

Carlton Buesing Judy Ward Sandy Graham, proof reader

TSHL SILVER BULLETIN

Nancy Byler, Editor

BENEVOLENCE COMMITTEE

Elsie Whiteside

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109

APPENDIX E

The 14th TSHL Schedule of Events

2012-2013

2012

TSHL Executive Committee Meeting April 1, 2012 Austin, Texas

14th TSHL General Session April 1-4, 2012 Austin, Texas

TSHL Executive Committee Meeting July 17, 2012 Austin, Texas

TSHL Executive Committee Meeting September 9, 2012 Austin, Texas

14th TSHL Legislative Session September 10-14, 2012 State Capitol

General Election Day November 6, 2012 Statewide

Pre-filing of Legislature for 83rd

Legislature November 12, 2012 State Capitol

TSHL Executive Committee Meeting December 10, 2012 Austin, Texas

2013

Candidates Filing for 15th TSHL Jan. 2 – Feb 28, 2013 Statewide

Opening Day of 83rd

Texas Legislature Jan. 8, 2013 State Capitol

TSHL Foundation Awards Banquet February 11, 2013 Austin, Texas

Senior Day at the Capitol February 12, 2013 Austin, Texas

14th TSHL Executive Committee Meeting April 2013 Austin, Texas

Last Day of 83rd

Texas Legislature May 27, 2013 State Capitol

15th TSHL Local Election Day May 28, 2013 Statewide

Last Day of Governor’s Signature on Bills June 16, 2013 State Capitol

15th TSHL Orientation & Officer Election July 14-18, 2013 Austin, Texas

Election of 15th TSHL Officers July 16, 2013 Austin, Texas

15th TSHL Executive Committee Meeting July 18, 2012 Austin, Texas

15th TSHL Executive Committee Meeting Sept. 2013 Austin, Texas

Pat J. Porter, TSHL Secretary, [email protected]

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Code of Conduct

We, as Silver-Haired Legislators, dedicate ourselves to carrying out the mission of the Texas Silver-Haired

Legislature, and do hereby obligate ourselves individually to the highest standards of dignified behavior, precluding any conduct which embarrasses, offends or abuses others, especially in committee hearings, business

meetings, during TSHL annual sessions, and at public forums. Further, each member shall pledge to do the

following:

1. Recognize that, at all times, the chief function of the TSHL is to serve the best interests of older Texans and

to be their non-partisan advocates to the Texas Legislature.

2. Accept as a personal duty the responsibility to keep up-to-date on emerging issues and to stay informed as a resource person to our constituents.

3. Uphold the Bylaws and Procedures as adopted by the TSHL membership and to conscientiously work for

the "good of the order."

4. Respect the structure and responsibilities of the Executive Committee and provide them with facts and

advice as a basis for their making policy decisions.

5. Conduct TSHL operational duties with positive leadership as exemplified by open communication and a willingness to listen and to speak in moderation as diverse opinions are being expressed.

6. Observe professional standards both in form and content for all public communications, including email,

never demeaning others.

7. Demonstrate the highest standards of personal integrity, truthfulness and courtesy in all our activities so as to inspire the public’s confidence and trust.

8. Avoid any interest or activity that is in conflict with the conduct of our official duties.

9. Respect and protect privileged information to which we have access in the course of our official duties.

10. Encourage the professional development of all TSHL members.

Adopted by the Texas Silver-Haired Legislature, September 15, 2009

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The 14th Texas Silver-Haired Legislature (2011-2013) Return

112

14th TSHL Legislative Report prepared by authority of: Walter Graham, Speaker Roy Watson, Chair, Communication Committee TSHL Secretary: Pat J. Porter Editor: Chris Kyker, Speaker Emeritus Printed by Sandy Creek Printing & Graphics 391 South Wheeler Jasper, Texas 75951 Keith Hale, Owner

December 2012

113

Better Texas Through the Ages

www.txshl.org

Contributions to the Texas Silver-Haired Legislature can be made to:

Texas Silver-Haired Legislature Foundation

Mr. Jim Hine, President,

P.O. Box 90621, Austin, Texas 78709

A 501 (c) 3 Tax-exempt organization 74-2419398

http://www.txshl.org/

lleeggiissllaattiivvee rreeppoorrtt 12.5.2012... · 2012-12-06 · members from across texas and...

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