BILL ANALYSIS
C.S.S.B. 1099
By: Zaffirini
Health and Human Services
04-27-95
Committee Report (Substituted)
BACKGROUND
Texas was one of the first states to develop a program like the
Texas Interagency Council on Childhood Intervention (ECI), which
was created in 1981. Federal law now requires states to provide
childhood intervention services; therefore, ECI will risk losing
federal funds if it does not comply with federal mandates.
PURPOSE
As proposed, C.S.S.B. 1099 amends provisions of Chapter 73, Human
Resources Code, relating to the Texas Interagency Council on Early
Childhood Intervention, to bring them into compliance with recent
federal mandates.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the governing body of the Texas Interagency Council on Early
Childhood Intervention under SECTIONS 9(b) and 12, and to the
advisory committee to the Texas Interagency Council on Early
Childhood Intervention under SECTION 12, of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 73.001, Human Resources Code, to define
"board." Redefines "council" and "developmental delay."
SECTION 2. Amends Section 73.002, Human Resources Code, as follows:
Sec. 73.002. New heading: BOARD. (a) Declares that the
Interagency Council on Early Childhood Intervention (council)
is governed by a board composed of, among others, three lay
members who are the parents of children with developmental
delay. Requires the agency representative on the board to be
a person in the agency with administrative responsibility for
early childhood intervention related services.
(b) Makes a conforming change.
(c) Requires the board members to elect one member to serve
as the presiding officer and one member to serve as
assistant presiding officer. Requires officers to serve a
two-year term.
(d)-(e) Make conforming changes.
(f) Requires the board to establish regulations, policies,
and procedures for carrying out the council's duties under
this chapter.
(g) Requires the board to develop a method for responding to
complaints regarding council services.
SECTION 3N 3. Amends Chapter 73, Human Resources Code, by adding
Section 73.0021, as follows:
Sec. 73.0021. ELIGIBILITY REQUIREMENT FOR BOARD MEMBERSHIP.
(a) Requires appointments to the board to be made without
regard to certain personal characteristics.
(b) Sets forth conditions under which a person is not
eligible for board membership.
SECTION 4. Amends Chapter 73, Human Resources Code, by adding
Section 73.0022, as follows:
Sec. 73.0022. REMOVAL OF BOARD MEMBERS. (a) Sets forth the
grounds for removal of a board member.
(b) Declares that the validity of an action of the board is
not affected by the fact that it was taken when grounds for
removal of a board member existed.
(c) Requires the executive director of the council, if the
executive director has knowledge that a potential ground for
removal exists, to notify the presiding officer of the
board. Requires the presiding officer to notify the
appropriate appointing authority of the potential removal
and cause for the potential removal.
(d) Requires board members to be removed by a majority vote
of a quorum of board members present at a board meeting.
Counts the presence of a board member under consideration
for removal in establishing a quorum.
(e) Requires the appointing authority, if a board member is
removed for cause, to make a subsequent appointment for the
remainder of that board member's term.
SECTION 5. Amends Section 73.003, Human Resources Code, as follows:
Sec. 73.003. New heading: STRATEGIC PLAN. Requires the
council to develop and implement a strategic plan for a
statewide system of early childhood intervention services, as
required by Part H, IDEA (Pub. L. No. 103-382) (20 U.S.C.
Section 1400 et seq.), and its subsequent amendments to ensure
that the provisions of this chapter are properly implemented
by the agencies affected. Deletes a list of provisions that
the plan is required to ensure and a requirement that the
council make written recommendations for the carrying out of
its duties.
SECTION 6. Amends Section 73.004(b), Human Resources Code, to
require the advisory committee to the council (advisory committee)
to meet and serve under the rules of the board, and to elect its
own presiding officer.
SECTION 7. Amends Chapter 73, Human Resources Code, by adding
Section 73.0041, as follows:
Sec. 73.0041. ADVISORY COMMITTEE DUTIES. Requires the
advisory committee under Section 73.004 or perform the duties
and responsibilities required of an advisory committee under
Part H, IDEA, and its subsequent amendments.
SECTION 8. Amends Section 73.005, Human Resources Code, as follows:
Sec. 73.005. New heading: BOARD POWERS AND DUTIES. (a)
Requires the board, with the advice of the advisory committee,
to address issues affecting intervention services in the
state.
(b) Requires the board to advise the legislature on
legislation that is need to maintain a statewide system of
quality services for all children with developmental delay
who are under three years of age and the families of those
children.
SECTION 9. Amends Chapter 73, Human Resources Code, by adding
Section 73.0051, as follows:
Sec. 73.0051. POWERS AND DUTIES OF COUNCIL. (a) Makes the
council the lead agency designated by the governor under Part
H, IDEA, and its subsequent amendments for the administration,
supervision, and monitoring of a statewide comprehensive
system of early intervention services that will ensure that
all infants and toddlers in this state who are below the age
of three and have developmental needs or are at risk of
developmental delay receive services that are provided in
partnership with their families and in the context of their
local community.
(b) Requires the council, by rule, to provide for compliance
with the terms and provision of applicable federal and state
laws in the administration of programs and the delivery of
services under this chapter.
(c) Authorizes the council to enter into, administer, and
monitor contracts with providers for programs and projects
authorized under this chapter.
(d) Requires the council to periodically monitor program
activities and fiscal performance of the entities funded
under this chapter to determine compliance with federal and
state requirements and issue reports regarding program
monitoring.
(e) Authorizes the council to apply for and accept gifts,
grants, and donations from public and private sources for
use in programs authorized under this chapter. Requires the
council to deposit money received under this section into
the state treasury.
(f) Requires the council to cooperate with the Health and
Human Services Commission and other local, state, and
federal agencies in the strategic planning, funding,
delivery, and monitoring of services authorized under this
chapter.
(g) Requires the council to make periodic reports as
required by law to other agencies, the legislature,
appropriate committees, the governor, and the Secretary of
the U.S. Department of Education.
(h) Requires the council to ensure that all programs and
council functions are conducted in a nondiscriminatory
manner.
SECTION 10. Amends Chapter 73, Human Resources Code, by adding
Section 73.0052, as follows:
Sec. 73.0052. PERSONNEL MATTERS. (a) Requires the board to
provide to its members and council members, as often as
necessary, information regarding their qualifications under
this chapter and their responsibilities under applicable laws
relating to standards of conduct for state officers or
employees.
(b) Requires the board to employ an executive director and
other necessary employees, and the executive director to
establish necessary administrative units.
(c) Requires the board, utilizing established standards, to
evaluate the performance of the executive director annually.
(d) Requires the executive director or a designee to develop
an intra-agency career ladder program. Requires employees
to be notified of all available positions. Requires
posting, when appropriate, to be made available to council
employees before public posting.
(e) Requires the executive director of a designee to develop
a system of annual performance evaluations based on
measurable job tasks. Requires all merit pay for council
employees to be based on the system established under this
subsection.
(f) Requires the executive director or a designee to prepare
and maintain a written policy statement to assure
implementation of a program of equal employment opportunity.
Sets forth required information for the policy statement.
(g) Requires the policy statement to cover an annual period,
be updated at least annually, and be filed with the
governor.
SECTION 11. Amends Section 73.006, Human Resources Code, as
follows:
Sec. 73.006. New heading: REIMBURSEMENT FOR EXPENSES. (a)
Entitles agency representatives on the board and the advisory
committee to reimbursement for expenses.
(b) Entitles the lay members of the board and advisory
committee to reimbursement for reasonable and necessary
expenses. Deletes attendant care from those expenses for
which the lay members are entitled to reimbursement.
(c) Requires the agencies represented on the board to
provide staff support to the council as needed.
(d) Entitles a board or advisory committee member who is
disabled and who requires attendant care to perform the
person's duties, to reimbursement for the cost of the
attendant. Deletes existing Subsection (e) regarding an
early childhood intervention administrator.
SECTION 12. Amends Section 73.007, Human Resources Code, to
require the council to develop a general public awareness strategy
focusing on the importance of prenatal care and early
identification of infants and toddlers with developmental delay,
and the availability of resources to meet their needs; and a
statewide plan for conducting training and technical assistance for
service providers, primary referral sources, and families with
children under three years of age with developmental delay.
SECTION 13. Amends Section 73.008, Human Resources Code, to
require the council to develop a statewide strategy for the early
identification of children under three years of age with
developmental delay and the coordination of programs with other
agencies serving children with developmental delay. Makes a
conforming change.
SECTION 14. Amends Section 73.009(a), Human Resources Code, to
authorize a child under three years of age and the child's family
to be referred for services described by this section if the child
is, among other factors, considered at risk for developmental
delay, rather than considered at risk of developmental delay
because of certain biological or environmental factors.
SECTION 15. Amends Section 73.010, Human Resources Code, to make
a child eligible for services under this chapter if the child is
documented as having developmental delay or has a medically
diagnosed physical or mental condition that has a high probability
of resulting in developmental delay. Deletes existing Subsection
(b) authorizing the council to charge fees for services under this
chapter.
SECTION 16. Amends Section 73.022, Human Resources Code, as
follows:
Sec. 73.022. FINANCES. (a) Requires the council to ensure
compliance with requirements necessary to obtain the maximum
amount and most advantageous federal funds possible; apply
for, receive, administer, and spend federal and state funds
for Part H, IDEA, dealing with infants and toddlers with
developmental delay and their families; and authorize and
account for the classification and spending of maintenance of
effort and carryover funds from all sources in carrying out
the programs under this chapter.
(b) Requires all money paid to the council under this
chapter to be deposited in the state treasury for use only
in the administration of this chapter.
(c) Subjects the financial transactions of the council to
audit by the state auditor.
(d) Requires the executive director to prepare and submit to
the board a biennial budget and request for a legislative
appropriation of funds necessary to carry out the duties of
the council.
(e) Requires the council to submit the budget and
appropriations request to the Legislative Budget Board and
the governor in the manner prescribed by law.
(f) Requires the council to file annually with the governor
and the presiding officer of each house of the legislature
a complete and detailed written report accounting for all
council funds during the preceding year in accordance with
the General Appropriations Act. Deletes provisions
regarding federally funded programs.
SECTION 17. Amends Chapter 73, Human Resources Code, by adding
Section 73.023, as follows:
Sec. 73.023. APPLICATION OF SUNSET ACT. Subjects the
Interagency Council on Early Childhood Intervention to Chapter
325, Government Code. Provides that, unless continued in
existence by that chapter, the council is abolished on
September 1, 2003.
SECTION 18. Amends Chapter 73, Human Resources Code, by adding
Section 73.024, as follows:
Sec. 73.024. OPEN MEETINGS; OPEN RECORDS; ADMINISTRATIVE
PROCEDURE. Subjects the board, council, and advisory
committee to Chapters 551, 552, and 2001, Government Code.
SECTION 19. Amends Chapter 411F, Government Code, by adding
Section 411.129, as follows:
Sec. 411.129. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION. (a)
Entitles the Interagency Council on Early Childhood
Intervention to obtain a criminal history record information
maintained by the Department of Public Safety, the Federal
Bureau of Investigation identification division, or another
law enforcement agency that relates to an employee, applicant
for permanent, temporary, or consultative employment, or
volunteer positions whose employment or potential employment
or volunteer position with the council or a local provider
involves the delivery of early childhood intervention services
or involves direct interactions with, or the opportunity to,
interact and associate with children.
(b) Prohibits criminal history record information obtained
under Subsection (a) from being released or disclosed to any
person except on court order, with the consent of the person
who is the subject of the criminal history record
information, or as provided by Subsection (d).
(c) Requires the council to destroy criminal history record
information that relates to a person after the information
is used for its authorized purpose.
(d) Authorizes the council to provide the applicant,
employee, professional consultant, or volunteer with a copy
of the person's criminal history record information obtained
from the Department of Public Safety, Federal Bureau of
Investigation identification division, or another law
enforcement agency.
(e) Declares that the failure or refusal to provide a
complete set of fingerprints or a complete name on request
constitutes good cause for dismissal or refusal to hire.
SECTION 20. Repealer: Sections 73.011-73.021, Human Resources
Code (Parent Counseling and Case Management, Monitoring,
Intervention Services, Report, New Program Strategy, Grant Request
for Program, Approval Criteria, Program Approval, Program
Standards, Council Guidelines, Program Monitoring).
SECTION 21. Effective date: September 1, 1995.
SECTION 22. Emergency clause.