By: Zaffirini S.B. No. 1099
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the Interagency Council on Early Childhood
1-2 Intervention.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 73.001, Human Resources Code, is amended
1-5 to read as follows:
1-6 Sec. 73.001. DEFINITIONS. In this chapter:
1-7 (1) "Board" means the board of the Interagency Council
1-8 on Early Childhood Intervention.
1-9 (2) "Council" means the Interagency Council on Early
1-10 Childhood Intervention <Services>.
1-11 (3) "Developmental delay" <(2) "Developmentally
1-12 delayed child"> means a significant variation <child who is
1-13 determined by an interdisciplinary team to exhibit:>
1-14 <(A) a significant delay, beyond acceptable
1-15 variations> in normal development as measured by appropriate
1-16 diagnostic instruments and procedures, in one or more of the
1-17 following areas:
1-18 (A) <(i)> cognitive development;
1-19 (B) physical development <(ii) gross or fine
1-20 motor>;
1-21 (C) communication development <(iii) language
1-22 or speech>;
1-23 (D) <(iv)> social or emotional development; or
1-24 (E) adaptive development <(v) self-help skills;
2-1 or>
2-2 <(B) an organic defect or a condition that is
2-3 very likely to result in a delay in one or more of those
2-4 capabilities or skills>.
2-5 SECTION 2. Section 73.002, Human Resources Code, is amended
2-6 to read as follows:
2-7 Sec. 73.002. BOARD <INTERAGENCY COUNCIL>. (a) The council
2-8 is governed by a board composed of three lay members who are the
2-9 parents of <developmentally delayed> children with developmental
2-10 delay and one representative each from the Texas Department of
2-11 Health, the Texas Department of Mental Health and Mental
2-12 Retardation, the Texas Department of Human Services, the Central
2-13 Education Agency, the Department of Protective and Regulatory
2-14 Services, and the Texas Commission on Alcohol and Drug Abuse. The
2-15 governor with the advice and consent of the senate shall appoint
2-16 the lay members, and the commissioner, director, or executive
2-17 director of each agency shall appoint that agency's representative.
2-18 The agency representative should be a person in the agency with
2-19 administrative responsibility for <the supervision of> early
2-20 childhood intervention <support staff or> related services.
2-21 (b) Members of the board <council> serve for staggered
2-22 six-year terms, with the terms of three members expiring February 1
2-23 of each odd-numbered year. If a member appointed by a state agency
2-24 terminates employment with the agency, the member's position
2-25 becomes vacant on the date of termination.
2-26 (c) The members of the board <council> shall <annually>
2-27 elect one member to serve as the presiding officer and one member
3-1 to serve as assistant presiding officer. Officers shall serve a
3-2 two-year term <chairperson>.
3-3 (d) The board <council> shall meet at least quarterly and
3-4 shall adopt rules for the conduct of its meetings.
3-5 (e) Any action taken by the board <council> must be approved
3-6 by a majority vote of the members present.
3-7 (f) The board <council> shall establish regulations,
3-8 policies, and procedures <a policy> for carrying out the council's
3-9 <its> duties under this chapter.
3-10 (g) The board <council> shall develop a method for
3-11 responding to <programs funded under this chapter to respond to
3-12 individual> complaints regarding services provided by the council
3-13 <program>.
3-14 SECTION 3. Chapter 73, Human Resources Code, is amended by
3-15 adding Section 73.0021 to read as follows:
3-16 Sec. 73.0021. ELIGIBILITY REQUIREMENT FOR BOARD MEMBERSHIP.
3-17 (a) Appointments to the board shall be made without regard to
3-18 race, color, disability, sex, religion, age, or national origin.
3-19 (b) A person is not eligible for appointment as a board
3-20 member if:
3-21 (1) the person does not meet the eligibility
3-22 requirements under Section 73.002;
3-23 (2) the person or the person's spouse is an officer of
3-24 an agency or paid counsel of an organization with which the council
3-25 engages in a contractual relationship; or
3-26 (3) the person is required to register as a lobbyist
3-27 under Chapter 305, Government Code, because of the person's
4-1 activities on behalf of a profession or organization related to
4-2 council functions.
4-3 SECTION 4. Chapter 73, Human Resources Code, is amended by
4-4 adding Section 73.0022 to read as follows:
4-5 Sec. 73.0022. REMOVAL OF BOARD MEMBERS. (a) It is a ground
4-6 for removal from the board if a member:
4-7 (1) is not eligible for appointment to the board under
4-8 Section 73.002;
4-9 (2) does not maintain during service on the board the
4-10 qualifications required by Section 73.002;
4-11 (3) has or develops an interest that conflicts or
4-12 appears to conflict with the member's position on the board;
4-13 (4) cannot discharge the member's duties for a
4-14 substantial part of the term for which the member is appointed
4-15 because of illness or disability; or
4-16 (5) is absent for more than half of the regularly
4-17 scheduled board meetings that the member is eligible to attend
4-18 during a calendar year unless the absences are excused by a
4-19 majority vote of the board.
4-20 (b) The validity of an action of the board is not affected
4-21 by the fact that it was taken when grounds for removal of a board
4-22 member existed.
4-23 (c) If the executive director of the council has knowledge
4-24 that a potential ground for removal exists, the executive director
4-25 shall notify the presiding officer of the board. The presiding
4-26 officer shall then notify the appropriate appointing authority of
4-27 the potential removal and the cause for the potential removal
5-1 action.
5-2 (d) Board members shall be removed by a majority vote of a
5-3 quorum of board members present at a board meeting. The presence
5-4 of a board member who is under consideration for removal is counted
5-5 in establishing a quorum.
5-6 (e) If a board member is removed for cause, the appointing
5-7 authority shall make a subsequent appointment for the remainder of
5-8 that board member's term.
5-9 SECTION 5. Section 73.003, Human Resources Code, is amended
5-10 to read as follows:
5-11 Sec. 73.003. STRATEGIC <STATE> PLAN. <(a)> The council
5-12 shall develop and implement a strategic <state> plan for a
5-13 statewide system of early childhood intervention services, as
5-14 required by Part H, IDEA (Pub. L. No. 103-382) (20 U.S.C. Section
5-15 1400 et seq.), and its subsequent amendments, to ensure that<:>
5-16 <(1)> the provisions of this chapter are properly
5-17 implemented by the agencies affected<;>
5-18 <(2) child and family needs are assessed statewide and
5-19 all available resources are coordinated to meet those needs;>
5-20 <(3) manpower needs are assessed statewide and
5-21 strategies are developed to meet those needs;>
5-22 <(4) incentives are offered for private sources to
5-23 maintain present commitments and to assist in developing new
5-24 programs; and>
5-25 <(5) a procedure for review of individual complaints
5-26 about services provided under this chapter is implemented>.
5-27 <(b) The council shall make written recommendations for the
6-1 carrying out of its duties under this chapter. If the council
6-2 considers a recommendation that will affect an agency not
6-3 represented on the council, the council shall seek the advice and
6-4 assistance of the agency before taking action on the
6-5 recommendation. The council's recommendations shall be implemented
6-6 by the agencies affected by the recommendations.>
6-7 SECTION 6. Subsection (b), Section 73.004, Human Resources
6-8 Code, is amended to read as follows:
6-9 (b) The committee shall meet and serve under the rules of
6-10 the board <council>, but the committee shall elect its own
6-11 presiding officer <chairperson>. The committee may be divided into
6-12 regional committees to assist the council in community-level
6-13 program planning and implementation.
6-14 SECTION 7. Chapter 73, Human Resources Code, is amended by
6-15 adding Section 73.0041 to read as follows:
6-16 Sec. 73.0041. ADVISORY COMMITTEE DUTIES. The advisory
6-17 committee established under Section 73.004 shall perform the duties
6-18 and responsibilities required of an advisory committee under Part
6-19 H, IDEA (Pub. L. No. 103-382) (20 U.S.C. Section 1400 et seq.), and
6-20 its subsequent amendments.
6-21 SECTION 8. Section 73.005, Human Resources Code, is amended
6-22 to read as follows:
6-23 Sec. 73.005. BOARD POWERS AND DUTIES. (a) The board
6-24 <council> with the advice of the advisory committee shall address
6-25 contemporary issues affecting intervention services in the state
6-26 including:
6-27 (1) successful intervention strategies;
7-1 (2) personnel preparation and continuing education;
7-2 (3) screening services;
7-3 (4) day or respite care services;
7-4 (5) public awareness; and
7-5 (6) contemporary research.
7-6 (b) The board <council> with the advice of the advisory
7-7 committee shall advise the legislature on legislation that is
7-8 needed <to develop further and> to maintain a statewide system of
7-9 quality intervention services for <all developmentally delayed>
7-10 children with developmental delay who are under three years of age
7-11 and the families of those children. The council may develop and
7-12 submit legislation to the legislature or comment on pending
7-13 legislation that affects this population.
7-14 SECTION 9. Chapter 73, Human Resources Code, is amended by
7-15 adding Section 73.0051 to read as follows:
7-16 Sec. 73.0051. POWERS AND DUTIES OF COUNCIL. (a) The
7-17 council is the lead agency designated by the governor under Part H,
7-18 IDEA (Pub. L. No. 103-382) (20 U.S.C. Section 1400 et seq.), and
7-19 its subsequent amendments, for the administration, supervision, and
7-20 monitoring of a statewide comprehensive system of early
7-21 intervention services that will ensure that all infants and
7-22 toddlers in this state who are below the age of three and have
7-23 developmental needs or are at risk of developmental delay receive
7-24 services that are provided in partnership with their families and
7-25 in the context of their local community.
7-26 (b) The council by rule shall provide for compliance with
7-27 the terms and provisions of applicable federal and state laws in
8-1 the administration of programs and the delivery of services under
8-2 this chapter.
8-3 (c) The council may enter into, administer, and monitor
8-4 contracts with providers for programs and projects authorized under
8-5 this chapter.
8-6 (d) The council shall periodically monitor program
8-7 activities and fiscal performance of the entities funded under this
8-8 chapter to determine compliance with federal and state requirements
8-9 and issue reports regarding program monitoring.
8-10 (e) The council may apply for and accept gifts, grants, and
8-11 donations from public and private sources for use in programs
8-12 authorized under this chapter. The council shall deposit money
8-13 received under this section into the state treasury.
8-14 (f) The council shall cooperate with the Health and Human
8-15 Services Commission and other local, state, and federal agencies in
8-16 the strategic planning, funding, delivery, and monitoring of
8-17 services authorized under this chapter.
8-18 (g) The council shall make periodic reports as required by
8-19 law to other agencies, the legislature, appropriate committees, the
8-20 governor, and the Secretary of the United States Department of
8-21 Education.
8-22 (h) The council shall ensure that all programs and council
8-23 functions are conducted in a nondiscriminatory manner.
8-24 SECTION 10. Chapter 73, Human Resources Code, is amended by
8-25 adding Section 73.0052 to read as follows:
8-26 Sec. 73.0052. PERSONNEL MATTERS. (a) The board shall
8-27 provide to its members and to the employees of the council, as
9-1 often as necessary, information regarding their qualifications
9-2 under this chapter and their responsibilities under applicable laws
9-3 relating to standards of conduct for state officers or employees.
9-4 (b) The board shall employ an executive director, and the
9-5 executive director shall establish necessary administrative units,
9-6 and hire other necessary employees.
9-7 (c) Utilizing established standards, the board shall
9-8 evaluate the performance of the executive director annually.
9-9 (d) The executive director or the executive director's
9-10 designee shall develop an intra-agency career ladder program.
9-11 Employees will be notified of all available positions. When
9-12 appropriate, postings will be made available to council employees
9-13 before public posting.
9-14 (e) The executive director or the executive director's
9-15 designee shall develop a system of annual performance evaluations
9-16 based on measurable job tasks. All merit pay for council employees
9-17 must be based on the system established under this subsection.
9-18 (f) The executive director or the executive director's
9-19 designee shall prepare and maintain a written policy statement to
9-20 assure implementation of a program of equal employment opportunity
9-21 under which all personnel transactions are made without regard to
9-22 race, color, handicap, sex, religion, age, or national origin. The
9-23 policy statement must include:
9-24 (1) personnel policies, including policies relating to
9-25 recruitment, evaluation, selection, appointment, training, and
9-26 promotion of personnel;
9-27 (2) a comprehensive analysis of the agency workforce
10-1 that meets federal and state guidelines; and
10-2 (3) procedures by which a determination can be made of
10-3 significant underutilization in the council's workforce of all
10-4 persons for whom federal or state guidelines encourage a more
10-5 equitable balance and reasonable methods to appropriately address
10-6 those areas of significant underutilization.
10-7 (g) The policy statement prepared under Subsection (f) must:
10-8 (1) cover an annual period;
10-9 (2) be updated at least annually; and
10-10 (3) be filed with the governor.
10-11 SECTION 11. Section 73.006, Human Resources Code, is amended
10-12 to read as follows:
10-13 Sec. 73.006. REIMBURSEMENT FOR EXPENSES <AND STAFF SUPPORT>.
10-14 (a) Agency representatives on the board and the advisory
10-15 committee, if any, <council> are entitled to reimbursement for
10-16 expenses incurred in the performance of their <council> duties by
10-17 the appointing agencies in accordance with the travel provisions
10-18 for state employees in the General Appropriations Act.
10-19 (b) The lay members of the board <described by Section
10-20 73.002(a)> and advisory committee <members> are entitled to
10-21 reimbursement <from the council> for reasonable <actual> and
10-22 necessary expenses incurred in the performance of board or advisory
10-23 committee <council> duties, including reimbursement for child care
10-24 <or attendant care>.
10-25 (c) <(b)> The agencies represented on the board <council>
10-26 shall provide staff support to the council as needed. The agencies
10-27 may provide staff support to the committee.
11-1 (d) A board or advisory committee member who is disabled,
11-2 and who, because of the disability, requires attendant care to
11-3 perform the person's duties, is entitled to reimbursement for the
11-4 cost of the attendant.
11-5 <(c) The council shall select and employ an early childhood
11-6 intervention administrator and other personnel necessary for the
11-7 administration of the council's duties.>
11-8 SECTION 12. Section 73.007, Human Resources Code, is amended
11-9 to read as follows:
11-10 Sec. 73.007. PUBLIC AWARENESS AND TRAINING. The council
11-11 shall develop and implement:
11-12 (1) a general public awareness strategy focusing on
11-13 the importance of prenatal care and early identification
11-14 <detection> of infants and toddlers with developmental delay and
11-15 the availability of <state> resources to meet their <the> needs <of
11-16 developmentally delayed children under six years of age>; and
11-17 (2) a statewide plan for conducting <regional>
11-18 training and technical assistance <sessions> for <public and
11-19 private> service providers, primary referral sources, and families
11-20 <who have routine contact> with children under three <six> years of
11-21 age with <that focuses on methods for early detection of>
11-22 developmental delay.
11-23 SECTION 13. Section 73.008, Human Resources Code, is amended
11-24 to read as follows:
11-25 Sec. 73.008. Early Identification Strategy. (a) The
11-26 council shall develop and implement a statewide strategy for:
11-27 (1) the early identification of <developmentally
12-1 delayed> children under three <six> years of age with developmental
12-2 delay; and
12-3 (2) the coordination of programs with<, utilizing
12-4 information from> other agencies serving <handicapped> children
12-5 with developmental delay.
12-6 (b) The strategy must include plans to:
12-7 (1) incorporate, strengthen, and expand similar
12-8 existing local efforts;
12-9 (2) incorporate and coordinate screening services
12-10 currently provided through a public agency; and
12-11 (3) establish a liaison with primary referral sources,
12-12 including hospitals, physicians, public health facilities, and
12-13 day-care facilities, to encourage referrals of <developmentally
12-14 delayed> children with developmental delay.
12-15 SECTION 14. Subsection (a), Section 73.009, Human Resources
12-16 Code, is amended to read as follows:
12-17 (a) The council shall establish policies concerning services
12-18 described by this section. A child under three <six> years of age
12-19 and the child's family may be referred for services described by
12-20 this section if the child is:
12-21 (1) identified as developmentally delayed;
12-22 (2) suspected of being developmentally delayed; or
12-23 (3) considered at risk of developmental delay <because
12-24 of certain biological or environmental factors>.
12-25 SECTION 15. Section 73.010, Human Resources Code, is amended
12-26 to read as follows:
12-27 Sec. 73.010. Eligibility for Services. <(a)> A
13-1 <developmentally delayed> child is eligible for services under this
13-2 chapter if the child:
13-3 (1) is under three years of age; and
13-4 (2) is documented as having developmental delay or has
13-5 a medically diagnosed physical or mental condition that has a high
13-6 probability of resulting in developmental delay <has not reached
13-7 the age of eligibility for entry into the comprehensive special
13-8 education program for handicapped children under Section 21.501,
13-9 Education Code; or>
13-10 <(3) is under three years of age and is an eligible
13-11 child authorized under Section 11.052(a) and Section 11.10(o),
13-12 Education Code.>
13-13 <(b) The council may charge fees for services provided under
13-14 this chapter>.
13-15 SECTION 16. Section 73.022, Human Resources Code, is amended
13-16 to read as follows:
13-17 Sec. 73.022. FINANCES. (a) The council shall:
13-18 (1) ensure compliance with requirements necessary to
13-19 obtain federal funds in the maximum amount and the most
13-20 advantageous proportions possible;
13-21 (2) apply for, receive, administer, and spend federal
13-22 and state funds for Part H, IDEA (Pub. L. No. 103-382) (20 U.S.C.
13-23 Section 1400 et seq.), and its subsequent amendments, dealing with
13-24 infants and toddlers from birth to age three with developmental
13-25 delay and their families; and
13-26 (3) authorize and account for the classification and
13-27 spending of maintenance of effort and carryover funds from all
14-1 sources in carrying out the programs funded under this chapter.
14-2 (b) All money paid to the council under this chapter shall
14-3 be deposited in the state treasury and may be used only for the
14-4 administration of this chapter.
14-5 (c) The financial transactions of the council are subject to
14-6 audit by the state auditor in accordance with Chapter 321,
14-7 Government Code.
14-8 (d) The executive director shall prepare and submit to the
14-9 board for approval a biennial budget and request for an
14-10 appropriation by the legislature of funds necessary to carry out
14-11 the duties of the council. The budget and request must include an
14-12 estimate of all federal funds to be allocated to the state for the
14-13 performance of the council's duties.
14-14 (e) The council shall submit the budget and appropriations
14-15 request to the Legislative Budget Board and the governor in the
14-16 manner prescribed by law.
14-17 (f) The council shall annually file with the governor and
14-18 the presiding officer of each house of the legislature a complete
14-19 and detailed written report accounting for all funds received and
14-20 disbursed by the council during the preceding year in accordance
14-21 with the General Appropriations Act <Federally Funded Programs><.
14-22 (a) The Central Education Agency may not impose requirements on an
14-23 early childhood intervention program that receives funds under the
14-24 Elementary and Secondary Education Act of 1965 (20 U.S.C. Section
14-25 2701 et seq.) that are not requirements under federal law or under
14-26 this chapter.>
14-27 <(b) The Central Education Agency shall coordinate
15-1 monitoring required by federal law for early childhood intervention
15-2 programs with the program monitoring required by this chapter to
15-3 the extent possible>.
15-4 SECTION 17. Chapter 73, Human Resources Code, is amended by
15-5 adding Section 73.023 to read as follows:
15-6 Sec. 73.023. APPLICATION OF SUNSET ACT. The Interagency
15-7 Council on Early Childhood Intervention is subject to Chapter 325,
15-8 Government Code (Texas Sunset Act). Unless continued in existence
15-9 as provided by that chapter, the council is abolished on September
15-10 1, 2003.
15-11 SECTION 18. Chapter 73, Human Resources Code, is amended by
15-12 adding Section 73.024 to read as follows:
15-13 Sec. 73.024. OPEN MEETINGS; OPEN RECORDS; ADMINISTRATIVE
15-14 PROCEDURE. The board, council, and advisory committee are subject
15-15 to the requirements of the open meetings law, Chapter 551,
15-16 Government Code, the open records law, Chapter 552, Government
15-17 Code, and Chapter 2001, Government Code (Administrative Procedure
15-18 Act).
15-19 SECTION 19. Subchapter F, Chapter 411, Government Code, is
15-20 amended by adding Section 411.129 to read as follows:
15-21 Sec. 411.129. ACCESS TO CRIMINAL HISTORY RECORD
15-22 INFORMATION: INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION.
15-23 (a) The Interagency Council on Early Childhood Intervention is
15-24 entitled to obtain criminal history record information maintained
15-25 by the Department of Public Safety of the State of Texas, the
15-26 Federal Bureau of Investigation identification division, or another
15-27 law enforcement agency that relates to an employee, applicant for
16-1 permanent, temporary, or consultative employment, or volunteer
16-2 positions whose employment or potential employment or volunteer
16-3 position with the council or a local provider involves the delivery
16-4 of early childhood intervention services or involves direct
16-5 interactions with or the opportunity to interact and associate with
16-6 children.
16-7 (b) Criminal history record information obtained by the
16-8 council under Subsection (a) may not be released or disclosed to
16-9 any person except on court order, with the consent of the person
16-10 who is the subject of the criminal history record information, or
16-11 as provided by Subsection (d).
16-12 (c) The council shall destroy criminal history record
16-13 information that relates to a person after the information is used
16-14 for its authorized purpose.
16-15 (d) The council may provide the applicant, employee,
16-16 professional consultant, or volunteer with a copy of the person's
16-17 criminal history record information obtained from the Department of
16-18 Public Safety of the State of Texas, Federal Bureau of
16-19 Investigation identification division, or another law enforcement
16-20 agency.
16-21 (e) The failure or refusal to provide a complete set of
16-22 fingerprints or a complete name on request constitutes good cause
16-23 for dismissal or refusal to hire, as applicable, with regard to
16-24 council employees, professional consultants, and applicants for
16-25 permanent, temporary, or consultative employment, or volunteer
16-26 positions whose employment or potential employment or volunteer
16-27 position with the council or a local provider involves the delivery
17-1 of early childhood intervention services or involves direct
17-2 interactions with or the opportunity to interact and associate with
17-3 children.
17-4 SECTION 20. Sections 73.011 through 73.021, Human Resources
17-5 Code, are repealed.
17-6 SECTION 21. This Act takes effect September 1, 1995.
17-7 SECTION 22. The importance of this legislation and the
17-8 crowded condition of the calendars in both houses create an
17-9 emergency and an imperative public necessity that the
17-10 constitutional rule requiring bills to be read on three several
17-11 days in each house be suspended, and this rule is hereby suspended.