HBA-CBW C.S.H.B. 1420 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1420
By: Jones, Jesse
Judicial Affairs
3/30/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Department on Aging (department) provides a variety of services
to Texas residents 60 years of age or older.  However, the department is
prohibited from rendering legal advice and consultation to the people it
serves under the "practice of law" provision in the statutes.   C.S.H.B.
1420 provides that the definition of  "practice of law" does not apply to
technical advice, consultation, or other legal assistance rendered by an
employee or volunteer of an area agency on aging affiliated with the
department.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department on Aging in
SECTION 1 (Section 81.1011, Government Code) of this bill. 

ANALYSIS

C.S.H.B. 1420 amends the Government Code to provide  that the definition of
"practice of law" does not include  technical advice, consultation, and
document completion assistance provided by an employee or volunteer of an
area agency on aging affiliated with the Texas Department on Aging
(department) if that advice, consultation, and assistance relates to a
medical power of attorney or other advance directive or a designation of
guardian before the needs arises. An employee or volunteer must provide
benefit counseling through an area agency on aging system of access and
assistance to agency clients, comply with rules adopted by the department
regarding qualifications and training requirements, have received specific
training in providing the technical advice, consultation, and assistance,
and be certified by the department as having met the requirements.  The
bill requires the department by rule to develop certification procedures by
which the department certifies that an employer or volunteer has met the
requirements. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1420 differs from the original bill by specifying that the
"practice of law" does not include advice that is technical.  The
substitute provides that an employee or volunteer of an area agency
affiliated with the Texas Department on Aging (department) must meet
certain requirements to give advice consultation, and assistance. The
substitute requires the department by rule to develop procedures by which
the department certifies that an employee or volunteer has met the
requirements. The substitute differs from the original bill by removing the
provision related to the receipt of training regarding durable power of
attorney.