Critical Issues for Texans with Disabilities –2007 Texas State Legislature

map of the ride

Many issues impacting the lives of people with disabilities are in front of the Texas Legislature. The Coalition of Texans with Disabilities (CTD) encourages people with disabilities, families, friends and advocates to contact your legislators and Raise Your Voice in support of these most critical issues. You can find out who your legislators are by clicking on www.cotwd.org and following the Raise Your Voice! links.

Critical Issue 1: Funding to reduce the waiting list for community services for people with disabilities.

Background: Over 100,000 people with disabilities who are eligible for the Medicaid waiver program remain on a waiting list. These are attendant care and other services provided in the community rather than an institution. Currently, Texas provides only enough funding to serve just over one-third of eligible people, leaving a waiting list as long as nine years.

Impact of Legislation: This issue is in Senate Bill 1, the state budget, under the Health & Human Services Commission. Advocates should contact their legislators to ask for enough funds to reduce the waiting list by at least 20% over the next two years.

Critical Issue 2: Increase wages for community attendants.

Background: Community attendants in Medicaid provide personal assistance services to people with disabilities to allow them to remain in their own homes. This may range from a few hours per week for an older person to extended work for a person with quadriplegia. Current average wage is $6.32 per hour with no benefits.

Impact of Legislation: This issue is in Senate Bill 1, the state budget, under the Department of Aging & Disability Services and included in provider rates for community services. Advocates should contact their legislators to ask for an increase in wages to at least $9 per hour with benefits.

Critical Issue 3: Restore ADA civil rights to be free from discrimination based on disability.

Background: The Americans with Disabilities Act is landmark federal civil rights legislation, signed into law by a Texas president, George H. W. Bush, in 1990, that prohibits discrimination against people with disabilities in employment, public services, public accommodations, telecommunications, and other specific arenas. The State of Texas asserts that the U. S. Constitution grants all states sovereign immunity from suit under the ADA. So people with disabilities who experience discrimination on the part of a state entity have very little or no recourse.

Impact of Legislation: SB 447 and HB 1299 would waive the state immunity from the ADA and end this disgraceful practice. Contact your legislators to support these bills.

Critical Issue 4: Centers for Independent Living

Background: Centers for Independent Living are community-based, non-residential nonprofit corporations operated by and for people with disabilities, providing direct services that promote independence and community integration for people of all ages with all types of disabilities. Services address individual needs in areas such as housing, financial assistance, employment, medical services and personal care. The centers also relocate people from institutions to the community and keep people in their own home who are at high risk of unnecessary institutionalization.

Impact of Legislation: Funding of Exceptional Item 3 in the DARS Legislative Appropriations Request (Senate Bill 1) will allow operation of 2 new Centers for Independent Living in unserved areas of the state. Funding of Exceptional Item 4 will bring several under-funded Independent Living Centers up to the nationally-recognized standard necessary for successful operation. The total funding is only $1.8 million. A Return on Investment analysis determined the $5.4 million of taxpayer money would be saved by this expenditure.

Critical Issue 5: Preserve accessible voting for people with disabilities.

Background: Under the direction of Texas Secretary of State Roger Williams, Texas implemented the Help America Vote Act (HAVA). Accessible voting machines and requirements for accessible polling places were installed. Now, several bills have been filed that would eliminate these HAVA rules from most elections, thereby disenfranchising those who have finally achieved basic voting rights.

Impact of Legislation: Oppose unreasonable efforts to reduce HAVA voting rights and tell your legislators to check with CTD on which bills make sense and which are harmful.

Critical Issue 6: Guarantee that structurally modified personal vehicles for people with disabilities will remain available.

Background: Out-of-sync TXDOT laws are threatening a specialized business; preventing Texas mobility dealers from helping Texans with disabilities who want to drive or ride in their own vehicles. Texas Mobility Dealers are small independent companies dedicated to assisting Texans with physical disabilities that require specially modified vehicles for their independent transportation needs. Current Texas law prohibits a Texas mobility dealer from the inventory, display or sale of new motor vehicles, effectively sounding the death knell for this specialized service to people with disabilities.

Impact of Legislation: Tell your legislators to support SB174 and HB2216 which will allow this important transportation option to continue for Texans with disabilities.