CTD Advocacy

2007 Legislative Report of CTD/ Coalition of Texans with Disabilities

BILL & SPONSORS CTD’S ROLE/PARTNERS WHAT THIS MEANS FOR YOU
HB1(budget bill) Funding for community services/Reduce community services waiting list by 10%CTD testimonies, letter writing, direct visits with legislative offices, organizer of Capitol Day of advocacy, statewide media campaign
Partners: all disability advocacy organizations, AARP
$267 Million in state funds and federal match to reduce the community services wait list + $162 M state and federal match for demographic growth.
HB1(budget bill) Increase wages for community care attendantsCTD testimonies, letter writing, direct visits with legislative offices, organizer of Capitol Day of advocacy, statewide media campaignContingencies included in budget tied to increase in federal minimum wage rate.
HB1(budget bill) Systems Benefit FundCTD lead and sole disability advocate/testimony/letter writing, direct visits with legislative offices
Partners: AARP
After being zeroed out in 2005, reinstated programs that assist low income Texans who are having trouble paying their utility bills.
HB1(budget bill) End wait lists for Comprehensive Rehab Services CTD and Brain Injury Assn. of TX as lead advocates$6.3 M in new funding to end the waiting list for CRS (intensive early rehab of traumatic brain and spinal cord injuries).
HB1(budget bill) Centers for Independent LivingCTD testimonies, fiscal analysis, office visits, Capitol Day of Advocacy
Partners: TACIL, SILC
$1M to establish 2 new centers for independent living

**voting legislation**

HB 218 (Brown/Fraser), HB 1726 (Harper-Brown)CTD, Advocacy Inc., AARP, ADAPT as lead advocates in opposition
Testimony/direct visits with legislative offices
NOT PASSED Kept all onerous “voter ID” bills from passing. These laws would have effectively suppressed voting by the elderly and people with disabilities.
HB 690 (Brown), HB 600 (Smith Wayne), HB 1031 (Chisum),HB 65 (Leibowitz), HB 101 (Riddle), HB 731 (Kolkhorst)CTD, and Advocacy Inc., as lead advocates in oppositionTestimony/direct visits with legislative offices
Partners: ADAPT
NOT PASSED
Killed the worst of the bills designed to change Texas Election Code to exempt political subdivisions from having accessible voting machines and meet the same accessibility requirements used in federal elections.
HB 626 (Phil King) CTD and Advocacy Inc., as lead advocates in opposition
NOT PASSED Would have created new obstacles in the voter registration process which could in turn disenfranchise many voters & practically eliminate voter registration drives.
HB 556 (Hildebrand) CTD, Advocacy Inc. lead advocates in support /work with senate author on bill text, diluting exclusionary languagePASSED
Provides protections for people with disabilities: requires accessible voting available on demand, public notification of availability of accessible voting machines in very small political subdivisions, maintaining at least one accessible machine in small political subdivisions and maintaining current accessibility standards for medium and large political subdivisions.

** Diverse Disability Legislation**

HB 2216 (Turner/Shapiro) Modified VehiclesCTD initiated bill
Partners: Lone Star Adaptive Auto Dealers Association, Paralyzed Veterans of America, Akin Gump
PASSED
Ensured that new vehicles structurally modified for people with disabilities will be available.
HB1299/SB447(Strama/Hinojosa) ADA billCTD initiated bill
testimonies, letter writing, direct visits with legislative offices, organizer of Capitol Day of advocacy, statewide media campaign
NOT PASSED
This bill would waive the state’s sovereign immunity to ADA complaints, ending Texas’ offensive practice of claiming immunity for its acts of disability discrimination. Passed in House Civil Practices committee, blocked in Senate State Affairs committee.
HB5(Berman, Naishtat/Deuell)
Tax cuts
CTD and ADAPT lead disability organizations in support
Partners: AARP, TX Silver Haired Legislature
PASSED Extends property tax cuts to homeowners with disabilities and older homeowners.
HCR 35 (Rodriguez/Ellis) Eliminate Medicare waiting periodCTD, TX Center for Disability Studies, UCP TX, Center for Public Policy Priorities, ADAPT, DD Council, American Heart Association
All in support
PASSED
Urging the United States Congress to enact legislation to eliminate the 24-month Medicare waiting period for participants in Social Security Disability Insurance.
SB 439, other bills (Deuell/Hughes/Rodriguez)
Don’t Pull the Plug
CTD in strong support, testimony, office visits, committee advocacy
Partners: TX Center for Disability Studies, ADAPT, TX Right to Life
NOT PASSED
Advanced directives legislation. CTD advocated for treatment pending transfer—“don’t pull the plug”, protection for people with disabilities.
SB 409 (Janek/Gattis)
Epilepsy medications
CTD offered testimony in support
Partner: Epilepsy Foundation of South & Central Texas, Santos Alliances
NOT PASSED
Relating to restrictions on the interchange of anti-epileptic drugs and drugs used to treat or prevent seizures. This bill would have assured that persons with epilepsy would not have their medications changed for any reason unless specified by their doctor.
HB 75 (Naishtat/Wentworth) State court judicial reviewCTD in strong support, testimony
Partners: Texas Legal Services Center, Center for Public Policy Priorities, Advocacy Inc.
PASSED
Allows state court judicial review of decisions about Medicaid and other public assistance benefits.
SB 744 (Seliger/Rose)
Protection from abuse, neglect
CTD offered testimony, committee advocacy, in support
Partners: Advocacy Inc.
PASSED
Prohibiting retaliation for reports of possible abuse, neglect, or exploitation of certain persons receiving home and community-based services.
SB458(Watson/Giddings) Workers comp coverageCTD in strong support, worked with sponsor, testimony
Partner: Lone Star Amputee Rights CTD in strong support, committee advocacy
Partners: ADAPT, Ovations Health
PASSED
Requires workers comp to cover prosthetics and orthotics damaged on the job.
SB 1766 (Watson/Naishtat) Consumer Directed ServicesCTD in strong support, committee advocacyPartners: ADAPT, Ovations HeatlhPASSED
Continues the Consumer Directed Services Workgroup and extends CDS to more consumers.
SB 1866 (Zaffirini/Naishtat)
Remove HCS cost caps
CTD in support, testimony
Partner: TX Center for Disability Studies, ARC of TX
PASSED Amendment to SB 10. Removes a cost cap on the Home and Community Services waiver, will allow people with high needs to more easily exit institutions.
HB 416 (Strama/Watson)
Restroom Access
CTD in support, working with sponsors
Partner: Krohn’s & Colitis Foundation
PASSED
Provides restroom access for persons with certain medical conditions; for example: employee restrooms in commercial facilities
HB 308 (Kuempel)
Accommodations for certain hunters with disabilities
CTD offered testimonies & press in support
Partners: Paralyzed Veterans of America, Texas State Rifle Association
PASSED
A reasonable accommodation bill. Legalized the use of laser sighting devices by hunters who are legally blind. This bill will allow hunters who are blind to hunt safer along side a sighted hunter.
HB 1168 (Menendez/Shapleigh) Standards for small group homesCTD in support, testimonyPASSED Extends state licensing and regulation to unregulated group homes; provides standards to protect residents.
HB 1781 (Harless/Ellis)
Accessible Parking
CTD in supportPartners: Travis County Constable, Advocacy Inc. PASSED
Provides for easier ID by police of proper user of parking placards for people who are disabled.
HB 1230 (Rodriguez/Zaffirini)
Community living options
CTD in support, testimony
Partners: TX Center for Disability Studies, TX Advocates
PASSED
Increases transition services for young people with disabilities exiting school.
HB 1738 (Lucio III/Deuell)
Medicaid Buy-In for families with kids with disabilities
CTD key support, committee advocacy
Partner: TX Center for Disability Studies
NOT PASSED
Would remove the disincentive to work for families with kids needing Medicaid services and require families to share in costs.
SB 62/HB939 (Zaffirini/Naishtat) Individual development accountsCTD in support, testimony
Partners: CPPP, Foundation Communities, TX Mental Health Consumers
NOT PASSED
Would have created subsidized savings accounts for low income households.
SB 568 (Ellis/Smithee)
Mental health parity
CTD in support, testimony
Partners: Mental Health America, NAMI, TX Mental Health Consumers
NOT PASSED
Would have required equal insurance coverage for mental illnesses as for physical illnesses.
HB 407 (Chisum/Watson)
Home delivered meals
CTD participated on implementation workgroupPASSED
CTD advocated that extra funding could provide home delivered meals to people with disabilities under 60, a population not allowed under federally-funded home delivered meals.
SB 1620 (Van De Putte)CTD testimony
Partner: Santos Alliances
NOT PASSED
CTD initially opposed a provision in this bill that would restrict prescription information to consumers; once the provision was removed, CTD supported a study on this issue.

2005 Legislative Report

SB 1 (budget bill) Funding for community services

CTD'S ROLE/ PARTNERS:

CTD testimonies, letter writing, direct visits with legislative offices, lead organizer of Capitol Day of advocacy, 10 presentations/workshops/press conferences

Partners: all disability advocacy organizations, AARP

WHAT THIS MEANS:

Restoration of cuts to community services. Preserved attendant care hours for current clients. Restoration of eyeglasses, hearing aids, mental health counseling for adults on Medicaid. Preserved In-Home and Family Support funding, very at risk. Additional $54 M for demographic growth in community waivers.

SB 1 (budget bill)
Reduce community services waiting list by 10%

CTD’S ROLE/ PARTNERS:

CTD among lead advocates. Testimonies, letter writing, direct visits with legislative offices, Capitol Day of advocacy, presentations/workshops/press conferences

Partners: Advocacy Inc., ADAPT, TX Center for Disability Studies, AARP, other disability

WHAT THIS MEANS:

$300 M in total new funding to reduce the waiting lists.
SB1 (budget bill)
Family-based alternatives

CTD lead advocate. Direct to Governor

Partner: TX Center for Disability Studies

WHAT THIS MEANS:

Funded and moved into base budget.

SB 1 (budget bill) End wait lists for Comprehensive Rehab Services and Independent Living Services

CTD’S ROLE/ PARTNERS:

CTD and Brain Injury Assn. of TX as lead advocates

Partner: Advocacy Inc., SILC

WHAT THIS MEANS:

$5.7 M in new funding to end the waiting list for CRS (intensive early rehab of traumatic brain and spinal cord injuries) and Independent living services.

SB 1 (budget bill)
Rider for pilot of money follows the persons to move kids from institutions

CTD’S ROLE/ PARTNERS:

CTD in strong support with testimony, legislative office visits

Partners: Texas Center for Disability Studies, Advocacy Inc.

WHAT THIS MEANS:

Will allow 50 kids in ICFs/MR to move out and have their services funding transferred to community based services.

SB 1128 Hinojosa
ADA rights

CTD’S ROLE/ PARTNERS:

CTD originated and wrote bill and was primary advocate

Partner: AARP

NOT PASSED

WHAT THIS MEANS:

This bill would have held the State of Texas accountable for violations of the ADA. Opposition by Attorney General Abbott. CTD rejected a compromise bill as inadequate. CTD succeeded in publicizing this little-known issue and will continue to work on guaranteeing the right to be free from discrimination.

HB 2819 Rose/Madla
Electronic accessibility

CTD’S ROLE/ PARTNERS:

CTD originated bill and was primary advocate

PASSED

WHAT THIS MEANS:

Will improve accessibility for people with disabilities by aligning Texas standards for state websites, telecommunications and information technology with the federal 508 standards.

HB 1771 Delisi/Nelson
Integrated Care Management

CTD’S ROLE/ PARTNERS:

CTD among the lead advocates, testimonies, negotiating bill language, direct visits with legislative offices, obtained legislative intent letter

Partners: ADAPT, AARP, Advocacy Inc., Texas Center for Disability Studies, TCDD

WHAT THIS MEANS:

"The Battle of the Titans" on the expansion of Medicaid Managed Care to most urban areas. Advocates for aging and disability communities actively engaged both sides: the doctors and Hospitals v. the HMOs. Secured safeguards for consumer education and outreach. Worked with Sen. Zaffirini to record a statement of legislative intent in the Senate journal that managed care should end CBA wait lists.


Next Steps: CTD and disability organizations are monitoring this monumental change in service delivery. Particular interest: CBA services, relocation, consumer education and outreach.

SB 187 Zaffirini/Rose
Protection of Comprehensive Rehab Services funding stream

CTD and Brain Injury Assn. of TX as lead advocates

Partner: Advocacy Inc.

WHAT THIS MEANS:

PASSED

Reversed a provision passed in 2003 that would have allowed the CRS (intensive early rehab of traumatic brain and spinal cord injuries) funding stream, based on traffic fines, to be diverted. The CRS funds are now much more secure.

SB 566 Deuell/Delisi
Medicaid Buy In

CTD on design team, supporting advocate, testimony

Partners: Texas Assn. of Goodwills, Advocacy Inc., Center for Disability Studies, Natl. Multiple Sclerosis Society, DD Council

PASSED

WHAT THIS MEANS:

Important employment bill allows working people to retain Medicaid coverage despite exceeding income threshhold. Removes the huge disincentive to work for people with chronic illness and permanent disability. $6 M in budget to fund the program.

HB 1867 Naishtat/Zaffirni
Money Follows the Person

CTD supported with testimony, office visits

Partners: Advocacy Inc., ADAPT, AARP, Center for Disability Studies, Natl. Multiple Sclerosis Society, DD Council

PASSED

WHAT THIS MEANS:

Places into state law the expiring money follows the person riders for people moving from nursing facilities to community placements.

HB 1706 Denny
Voter ID bill

CTD’S ROLE/ PARTNERS:

CTD strongly opposed, testimony

Partners: Advocacy Inc., AARP

NOT PASSED

WHAT THIS MEANS:

Extra ID requirements and procedures would’ve made it more difficult to vote.

HB 768 Villarreal
Vote by mail

CTD’S ROLE/ PARTNERS:

CTD Supported with testimony

Partner: Advocacy Inc

NOT PASSED

WHAT THIS MEANS:

Authorizing county clerk to mail an application to vote by mail to all voters with disabilities or 65+. Would have would made voting system more easily accessible for voters unable to vote at polls.

HB 1994 Talton
Offense of assisting voters

CTD’S ROLE/ PARTNERS:

CTD strongly opposed with testimony

Partner: Advocacy Inc.

NOT PASSED

WHAT THIS MEANS:

Relating to the offense of assisting multiple voters who cast a ballot by mail. Would disproportionately affect voters with disabilities needing assistance.

HB 1391 Leibowitz
Accessible floor plans

CTD’S ROLE/ PARTNERS:

CTD in strong support, testimony

Partner: TX Paralyzed Veterans

NOT PASSED

WHAT THIS MEANS:

This bill would have required that any large builder in the Veterans Housing Assistance program have at least one accessible floor plan available.


Next Steps: CTD and the TX Paralyzed Veterans will work in the interim with the state agency.

SB 1586 Carona
CBA wait list

CTD’S ROLE/ PARTNERS:

CTD in strong opposition

Partners: ADAPT, TX Center for Disability Studies, Advocacy Inc., AARP

NOT PASSED

WHAT THIS MEANS:

This bill would have allowed residents of certain assisted living centers to move to the top of the CBA wait list ahead of those staying in their own homes.

HB 481 Hochberg/Zaffirini
Unemployment benefits

CTD’S ROLE/ PARTNERS:

CTD in support, testimony

PASSED

Allows a person with a disability to collect unemployment benefits based on past employment, while looking for part-time work.

SB 626 Zaffirini/Davis
Eliminate cost caps

CTD’S ROLE/ PARTNERS:

CTD in support

Partners: ADAPT, Advocacy Inc., TX Center for Disability Studies

PASSED

WHAT THIS MEANS:

Allows a person with high needs to remain in the community even if more costly than an institutional placement.

HB 315 Olivo
State school admissions

CTD’S ROLE/ PARTNERS:

Opposed by CTD by testimony, legislative office visits

Partners: ARC of Texas, ADAPT, Advocacy Inc., TX Ctr for Disability Studies

NOT PASSED

WHAT THIS MEANS:

This bill would have promoted the institutional bias by easing admission standards and requiring that only state school information be provided to families.

HB 385 Naishtat
State Court judicial review

CTD’S ROLE/ PARTNERS:

Supported by CTD, legislative office contacts

Partner: Texas Legal Services Center

NOT PASSED

WHAT THIS MEANS:

This bill would have streamlined dispute resolution between Medicaid recipients and the State, saving money and time for both.

SB 40 Zaffirini/Dukes
Permanency planning

CTD’S ROLE/ PARTNERS:

CTD in support

Partners: Advocacy Inc., TX Center for Disability Studies

PASSED

WHAT THIS MEANS:

Allows for independent planners to work with kids “aging out” of children’s programs.

SB 325 Zaffirini/Naishtat

CTD’S ROLE/ PARTNERS:

CTD in support, testimony

Partners: Advocacy Inc., TX Center for Disability Studies, ADAPT

PASSED

WHAT THIS MEANS:

Prohibits asphyxiating choke holds and face-down physical restraints for people in institutions.

HB 2579 Rodriguez/Zaffirini
Parental involvement

CTD’S ROLE/ PARTNERS:

CTD in support

Partners: Advocacy Inc., TX Center for Disability Studies

PASSED WHAT THIS MEANS:

Strengthens parental involvement of minor children in institutions.

HB 765 Menendez/Van de Putte

CTD in support

Partner: Natl Multiple Sclerosis Society CTD in support

PASSED WHAT THIS MEANS:

Requires disclosure of benefits under employer health plans.

Historical Achievements

350 Miles...7 Days... By Hand!

Capitol Ride ’05, held from March 1-8, 2005, was an incredible demonstration of endurance, strength, and will by CTD member Mikail Davenport who hand cycled from South Padre Island to the steps of the State Capitol, a distance of 350 miles. CTD and Davenport teamed up to raise awareness of the capability of cancer survivors and people with disabilities.

Mikail personifies the Coalition of Texans with Disabilities' mission statement of ensuring that people with all disabilities have the right and opportunity to live, learn, work, play and participate fully in the community of their choice.

Mikail is a native Texan who contracted polio at age two. In 2000, he began competing in 5Ks and 10Ks in his wheelchair. In 2002, after doctors removed 1/3 of his lung, Mikail went on to successfully complete the 2003 Motorola Marathon. Capitol Ride ’05 is the longest marathon Mikail has ever done.

Rally in front of the Texas State Capital

Working with only limited resources, CTD has consistently accomplished goals that directly benefit persons with disabilities by organizing people within the community and developing win-win partnerships. CTD made history twice by developing and coordinating Team Everest '03, an awareness and consciousness raising project of epic proportion. CTD first made history when the largest cross-disability group of individuals (four in wheelchairs) made it to Mt. Everest Base Camp at 19,500'. A few weeks later, Trek Leader Gary Guller became the first person with one arm to summit Mt. Everest.

We are proud that CTD has accomplished many historical achievements. Since 1978, we have:

  • Expanded the number of facilities that are in compliance with architectural barriers building codes.
  • Wrote and secured adoption of a state plan for critical personal assistance services.
  • Secured the adoption of the Telecommunications Relay System (TRS) and Specialized Telecommunications Assistance Program (STAP).
  • Input incorporated into the new operating rules for the Texas Department on Housing and Community Affairs to promote more accessible units in subsidized housing.
  • Secured a mandate for the transportation-disadvantaged to have a seat on all Texas transit authorities' boards.
  • Secured a franchise tax credit that provided an incentive to employers to hire a person with a disability. CTD collaborated with state agencies and advocates to develop a Medicaid Buy-In pilot program, which provided alternatives and removed the disincentive of hiring people with disabilities.
  • In the spirit of "fair shake", to be free from unreasonable, sometimes ridiculous, practices and regulations, CTD worked to remove motorized wheelchairs from the Motor Vehicle Code; to give personal assistants more latitude; and to eliminate the cumbersome annual reporting requirement for a retired educator with a permanent disability.
  • Have three times won the Barbara Jordan Award for Excellence in the Communication of the Reality of Disabled People.
  • During the 78th legislative session (2001), CTD successfully advocated for rededication of hundreds of millions of dollars in funding to community services for Texans with disabilities.

Historical Achievements

350 Miles...7 Days... By Hand!

Capitol Ride ’05, held from March 1-8, 2005, was an incredible demonstration of endurance, strength, and will by CTD member Mikail Davenport who hand cycled from South Padre Island to the steps of the State Capitol, a distance of 350 miles. CTD and Davenport teamed up to raise awareness of the capability of cancer survivors and people with disabilities.

Mikail personifies the Coalition of Texans with Disabilities' mission statement of ensuring that people with all disabilities have the right and opportunity to live, learn, work, play and participate fully in the community of their choice.

Mikail is a native Texan who contracted polio at age two. In 2000, he began competing in 5Ks and 10Ks in his wheelchair. In 2002, after doctors removed 1/3 of his lung, Mikail went on to successfully complete the 2003 Motorola Marathon. Capitol Ride ’05 is the longest marathon Mikail has ever done.

Rally in front of the Texas State Capital

Working with only limited resources, CTD has consistently accomplished goals that directly benefit persons with disabilities by organizing people within the community and developing win-win partnerships. CTD made history twice by developing and coordinating Team Everest '03, an awareness and consciousness raising project of epic proportion. CTD first made history when the largest cross-disability group of individuals (four in wheelchairs) made it to Mt. Everest Base Camp at 19,500'. A few weeks later, Trek Leader Gary Guller became the first person with one arm to summit Mt. Everest.

We are proud that CTD has accomplished many historical achievements. Since 1978, we have:

  • Expanded the number of facilities that are in compliance with architectural barriers building codes.
  • Wrote and secured adoption of a state plan for critical personal assistance services.
  • Secured the adoption of the Telecommunications Relay System (TRS) and Specialized Telecommunications Assistance Program (STAP).
  • Input incorporated into the new operating rules for the Texas Department on Housing and Community Affairs to promote more accessible units in subsidized housing.
  • Secured a mandate for the transportation-disadvantaged to have a seat on all Texas transit authorities' boards.
  • Secured a franchise tax credit that provided an incentive to employers to hire a person with a disability. CTD collaborated with state agencies and advocates to develop a Medicaid Buy-In pilot program, which provided alternatives and removed the disincentive of hiring people with disabilities.
  • In the spirit of "fair shake", to be free from unreasonable, sometimes ridiculous, practices and regulations, CTD worked to remove motorized wheelchairs from the Motor Vehicle Code; to give personal assistants more latitude; and to eliminate the cumbersome annual reporting requirement for a retired educator with a permanent disability.
  • Have three times won the Barbara Jordan Award for Excellence in the Communication of the Reality of Disabled People.
  • During the 78th legislative session (2001), CTD successfully advocated for rededication of hundreds of millions of dollars in funding to community services for Texans with disabilities.

2003 Legislative Successes

Protesters in front of Texas State Capital" />
<p>During this 78th 
      legislative session you2003 Legislative Report). Our role and the organizations with which we partnered are identified. You'll see a number of issues including CTD's effort to recover lost ADA civil rights. We raised issues, won some, and lost others. Committee chairs scheduled hearings at 7 a.m., late into the evening, on weekends and even on ice days when central Texas roads were undrivable. CTD was there for Texans with disabilities, working for you.

CTD legislative efforts in 2003 included:

  • Testimony at public hearings
  • Direct contacts to legislative offices
  • Supplying language for legislation
  • Written position papers distributed to the Legislature
  • Media interviews
  • Collaborative coordination on three statewide teleconferences. Participants received up-to-the minute legislative information and had opportunities to seek specific guidance and disability related expertise from CTD and other conference speakers.
  • Collaborative organization of two legislative rallies at the state capital, drawing hundreds of individuals from across the state. Forged new partnerships with the state employees, mental health advocates, and senior citizens' organizations. CTD's Collaborative "Capital Day" Rally and press conference in February, and "No Budget Cuts Day" in May received media coverage from local English and Spanish radio, newspaper, and television stations.
  • CTD instituted a statewide "Action Alert" listserv via Texas independent living centers, disseminating important legislatively-related information, allowing for immediate action from all across the state.

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Team Everest

CTD's history making and award-winning Team Everest '03 was a huge success! Team Everest twice made history: first when the largest group of people with various disabilities successfully climbed to Mt. Everest Base Camp, at an elevation over 19,000 ft., then again when team Leader Gary Guller became the first man with one arm to summit Mt. Everest!

ctd film fest logo

Cinema Touching Disability shows that one's spirit need not be limited, either by a disability or society's stereotypes regarding disability, by illustrating how people with disabilities lead both ordinary and extraordinary lives, hold diverse attitudes, and possess varied accomplishments and abilities. To learn more about this disability awareness raising project please visit www.ctdfilmfest.org.


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