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.