HBA-BSM H.B. 1420 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1420
By: Jones, Jesse
Judicial Affairs
7/25/2001
Enrolled



BACKGROUND AND PURPOSE 

The Texas Department on Aging (department) provides a variety of services
to Texas residents 60 years of age or older.  However, prior to the 77th
Legislature, the department was prohibited from rendering legal advice and
consultation to the people it serves under the "practice of law" provision
in the statutes.   House Bill 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

House Bill1420 amends the Government Code to provide  that the definition
of the "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.