1-1 By: Zaffirini S.B. No. 1099
1-2 (In the Senate - Filed March 9, 1995; March 14, 1995, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 27, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 27, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1099 By: Zaffirini
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the Interagency Council on Early Childhood
1-11 Intervention.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 73.001, Human Resources Code, is amended
1-14 to read as follows:
1-15 Sec. 73.001. DEFINITIONS. In this chapter:
1-16 (1) "Board" means the board of the Interagency Council
1-17 on Early Childhood Intervention.
1-18 (2) "Council" means the Interagency Council on Early
1-19 Childhood Intervention <Services>.
1-20 (3) "Developmental delay" <(2) "Developmentally
1-21 delayed child"> means a significant variation <child who is
1-22 determined by an interdisciplinary team to exhibit:>
1-23 <(A) a significant delay, beyond acceptable
1-24 variations> in normal development as measured by appropriate
1-25 diagnostic instruments and procedures, in one or more of the
1-26 following areas:
1-27 (A) <(i)> cognitive development;
1-28 (B) physical development <(ii) gross or fine
1-29 motor>;
1-30 (C) communication development <(iii) language
1-31 or speech>;
1-32 (D) <(iv)> social or emotional development; or
1-33 (E) adaptive development <(v) self-help skills;
1-34 or>
1-35 <(B) an organic defect or a condition that is
1-36 very likely to result in a delay in one or more of those
1-37 capabilities or skills>.
1-38 SECTION 2. Section 73.002, Human Resources Code, is amended
1-39 to read as follows:
1-40 Sec. 73.002. BOARD <INTERAGENCY COUNCIL>. (a) The council
1-41 is governed by a board composed of three lay members who are the
1-42 parents of <developmentally delayed> children with developmental
1-43 delay and one representative each from the Texas Department of
1-44 Health, the Texas Department of Mental Health and Mental
1-45 Retardation, the Texas Department of Human Services, the Central
1-46 Education Agency, the Department of Protective and Regulatory
1-47 Services, and the Texas Commission on Alcohol and Drug Abuse. The
1-48 governor with the advice and consent of the senate shall appoint
1-49 the lay members, and the commissioner, director, or executive
1-50 director of each agency shall appoint that agency's representative.
1-51 The agency representative should be a person in the agency with
1-52 administrative responsibility for <the supervision of> early
1-53 childhood intervention <support staff or> related services.
1-54 (b) Members of the board <council> serve for staggered
1-55 six-year terms, with the terms of three members expiring February 1
1-56 of each odd-numbered year. If a member appointed by a state agency
1-57 terminates employment with the agency, the member's position
1-58 becomes vacant on the date of termination.
1-59 (c) The members of the board <council> shall <annually>
1-60 elect one member to serve as the presiding officer and one member
1-61 to serve as assistant presiding officer. Officers shall serve a
1-62 two-year term <chairperson>.
1-63 (d) The board <council> shall meet at least quarterly and
1-64 shall adopt rules for the conduct of its meetings.
1-65 (e) Any action taken by the board <council> must be approved
1-66 by a majority vote of the members present.
1-67 (f) The board <council> shall establish regulations,
1-68 policies, and procedures <a policy> for carrying out the council's
2-1 <its> duties under this chapter.
2-2 (g) The board <council> shall develop a method for
2-3 responding to <programs funded under this chapter to respond to
2-4 individual> complaints regarding services provided by the council
2-5 <program>.
2-6 SECTION 3. Chapter 73, Human Resources Code, is amended by
2-7 adding Section 73.0021 to read as follows:
2-8 Sec. 73.0021. ELIGIBILITY REQUIREMENT FOR BOARD MEMBERSHIP.
2-9 (a) Appointments to the board shall be made without regard to
2-10 race, color, disability, sex, religion, age, or national origin.
2-11 (b) A person is not eligible for appointment as a board
2-12 member if:
2-13 (1) the person does not meet the eligibility
2-14 requirements under Section 73.002;
2-15 (2) the person or the person's spouse is an officer of
2-16 an agency or paid counsel of an organization with which the council
2-17 engages in a contractual relationship; or
2-18 (3) the person is required to register as a lobbyist
2-19 under Chapter 305, Government Code, because of the person's
2-20 activities on behalf of a profession or organization related to
2-21 council functions.
2-22 SECTION 4. Chapter 73, Human Resources Code, is amended by
2-23 adding Section 73.0022 to read as follows:
2-24 Sec. 73.0022. REMOVAL OF BOARD MEMBERS. (a) It is a ground
2-25 for removal from the board if a member:
2-26 (1) is not eligible for appointment to the board under
2-27 Section 73.002;
2-28 (2) does not maintain during service on the board the
2-29 qualifications required by Section 73.002;
2-30 (3) has or develops an interest that conflicts or
2-31 appears to conflict with the member's position on the board;
2-32 (4) cannot discharge the member's duties for a
2-33 substantial part of the term for which the member is appointed
2-34 because of illness or disability; or
2-35 (5) is absent for more than half of the regularly
2-36 scheduled board meetings that the member is eligible to attend
2-37 during a calendar year unless the absences are excused by a
2-38 majority vote of the board.
2-39 (b) The validity of an action of the board is not affected
2-40 by the fact that it was taken when grounds for removal of a board
2-41 member existed.
2-42 (c) If the executive director of the council has knowledge
2-43 that a potential ground for removal exists, the executive director
2-44 shall notify the presiding officer of the board. The presiding
2-45 officer shall then notify the appropriate appointing authority of
2-46 the potential removal and the cause for the potential removal
2-47 action.
2-48 (d) Board members shall be removed by a majority vote of a
2-49 quorum of board members present at a board meeting. The presence
2-50 of a board member who is under consideration for removal is counted
2-51 in establishing a quorum.
2-52 (e) If a board member is removed for cause, the appointing
2-53 authority shall make a subsequent appointment for the remainder of
2-54 that board member's term.
2-55 SECTION 5. Section 73.003, Human Resources Code, is amended
2-56 to read as follows:
2-57 Sec. 73.003. STRATEGIC <STATE> PLAN. <(a)> The council
2-58 shall develop and implement a strategic <state> plan for a
2-59 statewide system of early childhood intervention services, as
2-60 required by Part H, IDEA (Pub. L. No. 103-382) (20 U.S.C. Section
2-61 1400 et seq.), and its subsequent amendments, to ensure that<:>
2-62 <(1)> the provisions of this chapter are properly
2-63 implemented by the agencies affected<;>
2-64 <(2) child and family needs are assessed statewide and
2-65 all available resources are coordinated to meet those needs;>
2-66 <(3) manpower needs are assessed statewide and
2-67 strategies are developed to meet those needs;>
2-68 <(4) incentives are offered for private sources to
2-69 maintain present commitments and to assist in developing new
2-70 programs; and>
3-1 <(5) a procedure for review of individual complaints
3-2 about services provided under this chapter is implemented>.
3-3 <(b) The council shall make written recommendations for the
3-4 carrying out of its duties under this chapter. If the council
3-5 considers a recommendation that will affect an agency not
3-6 represented on the council, the council shall seek the advice and
3-7 assistance of the agency before taking action on the
3-8 recommendation. The council's recommendations shall be implemented
3-9 by the agencies affected by the recommendations.>
3-10 SECTION 6. Subsection (b), Section 73.004, Human Resources
3-11 Code, is amended to read as follows:
3-12 (b) The committee shall meet and serve under the rules of
3-13 the board <council>, but the committee shall elect its own
3-14 presiding officer <chairperson>. The committee may be divided into
3-15 regional committees to assist the council in community-level
3-16 program planning and implementation.
3-17 SECTION 7. Chapter 73, Human Resources Code, is amended by
3-18 adding Section 73.0041 to read as follows:
3-19 Sec. 73.0041. ADVISORY COMMITTEE DUTIES. The advisory
3-20 committee established under Section 73.004 shall perform the duties
3-21 and responsibilities required of an advisory committee under Part
3-22 H, IDEA (Pub. L. No. 103-382) (20 U.S.C. Section 1400 et seq.), and
3-23 its subsequent amendments.
3-24 SECTION 8. Section 73.005, Human Resources Code, is amended
3-25 to read as follows:
3-26 Sec. 73.005. BOARD POWERS AND DUTIES. (a) The board
3-27 <council> with the advice of the advisory committee shall address
3-28 contemporary issues affecting intervention services in the state
3-29 including:
3-30 (1) successful intervention strategies;
3-31 (2) personnel preparation and continuing education;
3-32 (3) screening services;
3-33 (4) day or respite care services;
3-34 (5) public awareness; and
3-35 (6) contemporary research.
3-36 (b) The board <council> with the advice of the advisory
3-37 committee shall advise the legislature on legislation that is
3-38 needed <to develop further and> to maintain a statewide system of
3-39 quality intervention services for <all developmentally delayed>
3-40 children with developmental delay who are under three years of age
3-41 and the families of those children. The council may develop and
3-42 submit legislation to the legislature or comment on pending
3-43 legislation that affects this population.
3-44 SECTION 9. Chapter 73, Human Resources Code, is amended by
3-45 adding Section 73.0051 to read as follows:
3-46 Sec. 73.0051. POWERS AND DUTIES OF COUNCIL. (a) The
3-47 council is the lead agency designated by the governor under Part H,
3-48 IDEA (Pub. L. No. 103-382) (20 U.S.C. Section 1400 et seq.), and
3-49 its subsequent amendments, for the administration, supervision, and
3-50 monitoring of a statewide comprehensive system of early
3-51 intervention services that will ensure that all infants and
3-52 toddlers in this state who are below the age of three and have
3-53 developmental needs or are at risk of developmental delay receive
3-54 services that are provided in partnership with their families and
3-55 in the context of their local community.
3-56 (b) The council by rule shall provide for compliance with
3-57 the terms and provisions of applicable federal and state laws in
3-58 the administration of programs and the delivery of services under
3-59 this chapter.
3-60 (c) The council may enter into, administer, and monitor
3-61 contracts with providers for programs and projects authorized under
3-62 this chapter.
3-63 (d) The council shall periodically monitor program
3-64 activities and fiscal performance of the entities funded under this
3-65 chapter to determine compliance with federal and state requirements
3-66 and issue reports regarding program monitoring.
3-67 (e) The council may apply for and accept gifts, grants, and
3-68 donations from public and private sources for use in programs
3-69 authorized under this chapter. The council shall deposit money
3-70 received under this section into the state treasury.
4-1 (f) The council shall cooperate with the Health and Human
4-2 Services Commission and other local, state, and federal agencies in
4-3 the strategic planning, funding, delivery, and monitoring of
4-4 services authorized under this chapter.
4-5 (g) The council shall make periodic reports as required by
4-6 law to other agencies, the legislature, appropriate committees, the
4-7 governor, and the Secretary of the United States Department of
4-8 Education.
4-9 (h) The council shall ensure that all programs and council
4-10 functions are conducted in a nondiscriminatory manner.
4-11 SECTION 10. Chapter 73, Human Resources Code, is amended by
4-12 adding Section 73.0052 to read as follows:
4-13 Sec. 73.0052. PERSONNEL MATTERS. (a) The board shall
4-14 provide to its members and to the employees of the council, as
4-15 often as necessary, information regarding their qualifications
4-16 under this chapter and their responsibilities under applicable laws
4-17 relating to standards of conduct for state officers or employees.
4-18 (b) The board shall employ an executive director, and the
4-19 executive director shall establish necessary administrative units,
4-20 and hire other necessary employees.
4-21 (c) Utilizing established standards, the board shall
4-22 evaluate the performance of the executive director annually.
4-23 (d) The executive director or the executive director's
4-24 designee shall develop an intra-agency career ladder program.
4-25 Employees will be notified of all available positions. When
4-26 appropriate, postings will be made available to council employees
4-27 before public posting.
4-28 (e) The executive director or the executive director's
4-29 designee shall develop a system of annual performance evaluations
4-30 based on measurable job tasks. All merit pay for council employees
4-31 must be based on the system established under this subsection.
4-32 (f) The executive director or the executive director's
4-33 designee shall prepare and maintain a written policy statement to
4-34 assure implementation of a program of equal employment opportunity
4-35 under which all personnel transactions are made without regard to
4-36 race, color, handicap, sex, religion, age, or national origin. The
4-37 policy statement must include:
4-38 (1) personnel policies, including policies relating to
4-39 recruitment, evaluation, selection, appointment, training, and
4-40 promotion of personnel;
4-41 (2) a comprehensive analysis of the agency workforce
4-42 that meets federal and state guidelines; and
4-43 (3) procedures by which a determination can be made of
4-44 significant underutilization in the council's workforce of all
4-45 persons for whom federal or state guidelines encourage a more
4-46 equitable balance and reasonable methods to appropriately address
4-47 those areas of significant underutilization.
4-48 (g) The policy statement prepared under Subsection (f) must:
4-49 (1) cover an annual period;
4-50 (2) be updated at least annually; and
4-51 (3) be filed with the governor.
4-52 SECTION 11. Section 73.006, Human Resources Code, is amended
4-53 to read as follows:
4-54 Sec. 73.006. REIMBURSEMENT FOR EXPENSES <AND STAFF SUPPORT>.
4-55 (a) Agency representatives on the board and the advisory
4-56 committee, if any, <council> are entitled to reimbursement for
4-57 expenses incurred in the performance of their <council> duties by
4-58 the appointing agencies in accordance with the travel provisions
4-59 for state employees in the General Appropriations Act.
4-60 (b) The lay members of the board <described by Section
4-61 73.002(a)> and advisory committee <members> are entitled to
4-62 reimbursement <from the council> for reasonable <actual> and
4-63 necessary expenses incurred in the performance of board or advisory
4-64 committee <council> duties, including reimbursement for child care
4-65 <or attendant care>.
4-66 (c) <(b)> The agencies represented on the board <council>
4-67 shall provide staff support to the council as needed. The agencies
4-68 may provide staff support to the committee.
4-69 (d) A board or advisory committee member who is disabled,
4-70 and who, because of the disability, requires attendant care to
5-1 perform the person's duties, is entitled to reimbursement for the
5-2 cost of the attendant.
5-3 <(c) The council shall select and employ an early childhood
5-4 intervention administrator and other personnel necessary for the
5-5 administration of the council's duties.>
5-6 SECTION 12. Section 73.007, Human Resources Code, is amended
5-7 to read as follows:
5-8 Sec. 73.007. PUBLIC AWARENESS AND TRAINING. The council
5-9 shall develop and implement:
5-10 (1) a general public awareness strategy focusing on
5-11 the importance of prenatal care and early identification
5-12 <detection> of infants and toddlers with developmental delay and
5-13 the availability of <state> resources to meet their <the> needs <of
5-14 developmentally delayed children under six years of age>; and
5-15 (2) a statewide plan for conducting <regional>
5-16 training and technical assistance <sessions> for <public and
5-17 private> service providers, primary referral sources, and families
5-18 <who have routine contact> with children under three <six> years of
5-19 age with <that focuses on methods for early detection of>
5-20 developmental delay.
5-21 SECTION 13. Section 73.008, Human Resources Code, is amended
5-22 to read as follows:
5-23 Sec. 73.008. Early Identification Strategy. (a) The
5-24 council shall develop and implement a statewide strategy for:
5-25 (1) the early identification of <developmentally
5-26 delayed> children under three <six> years of age with developmental
5-27 delay; and
5-28 (2) the coordination of programs with<, utilizing
5-29 information from> other agencies serving <handicapped> children
5-30 with developmental delay.
5-31 (b) The strategy must include plans to:
5-32 (1) incorporate, strengthen, and expand similar
5-33 existing local efforts;
5-34 (2) incorporate and coordinate screening services
5-35 currently provided through a public agency; and
5-36 (3) establish a liaison with primary referral sources,
5-37 including hospitals, physicians, public health facilities, and
5-38 day-care facilities, to encourage referrals of <developmentally
5-39 delayed> children with developmental delay.
5-40 SECTION 14. Subsection (a), Section 73.009, Human Resources
5-41 Code, is amended to read as follows:
5-42 (a) The council shall establish policies concerning services
5-43 described by this section. A child under three <six> years of age
5-44 and the child's family may be referred for services described by
5-45 this section if the child is:
5-46 (1) identified as developmentally delayed;
5-47 (2) suspected of being developmentally delayed; or
5-48 (3) considered at risk of developmental delay <because
5-49 of certain biological or environmental factors>.
5-50 SECTION 15. Section 73.010, Human Resources Code, is amended
5-51 to read as follows:
5-52 Sec. 73.010. Eligibility for Services. <(a)> A
5-53 <developmentally delayed> child is eligible for services under this
5-54 chapter if the child:
5-55 (1) is under three years of age; and
5-56 (2) is documented as having developmental delay or has
5-57 a medically diagnosed physical or mental condition that has a high
5-58 probability of resulting in developmental delay <has not reached
5-59 the age of eligibility for entry into the comprehensive special
5-60 education program for handicapped children under Section 21.501,
5-61 Education Code; or>
5-62 <(3) is under three years of age and is an eligible
5-63 child authorized under Section 11.052(a) and Section 11.10(o),
5-64 Education Code.>
5-65 <(b) The council may charge fees for services provided under
5-66 this chapter>.
5-67 SECTION 16. Section 73.022, Human Resources Code, is amended
5-68 to read as follows:
5-69 Sec. 73.022. FINANCES. (a) The council shall:
5-70 (1) ensure compliance with requirements necessary to
6-1 obtain federal funds in the maximum amount and the most
6-2 advantageous proportions possible;
6-3 (2) apply for, receive, administer, and spend federal
6-4 and state funds for Part H, IDEA (Pub. L. No. 103-382) (20 U.S.C.
6-5 Section 1400 et seq.), and its subsequent amendments, dealing with
6-6 infants and toddlers from birth to age three with developmental
6-7 delay and their families; and
6-8 (3) authorize and account for the classification and
6-9 spending of maintenance of effort and carryover funds from all
6-10 sources in carrying out the programs funded under this chapter.
6-11 (b) All money paid to the council under this chapter shall
6-12 be deposited in the state treasury and may be used only for the
6-13 administration of this chapter.
6-14 (c) The financial transactions of the council are subject to
6-15 audit by the state auditor in accordance with Chapter 321,
6-16 Government Code.
6-17 (d) The executive director shall prepare and submit to the
6-18 board for approval a biennial budget and request for an
6-19 appropriation by the legislature of funds necessary to carry out
6-20 the duties of the council. The budget and request must include an
6-21 estimate of all federal funds to be allocated to the state for the
6-22 performance of the council's duties.
6-23 (e) The council shall submit the budget and appropriations
6-24 request to the Legislative Budget Board and the governor in the
6-25 manner prescribed by law.
6-26 (f) The council shall annually file with the governor and
6-27 the presiding officer of each house of the legislature a complete
6-28 and detailed written report accounting for all funds received and
6-29 disbursed by the council during the preceding year in accordance
6-30 with the General Appropriations Act <Federally Funded Programs><.
6-31 (a) The Central Education Agency may not impose requirements on an
6-32 early childhood intervention program that receives funds under the
6-33 Elementary and Secondary Education Act of 1965 (20 U.S.C. Section
6-34 2701 et seq.) that are not requirements under federal law or under
6-35 this chapter.>
6-36 <(b) The Central Education Agency shall coordinate
6-37 monitoring required by federal law for early childhood intervention
6-38 programs with the program monitoring required by this chapter to
6-39 the extent possible>.
6-40 SECTION 17. Chapter 73, Human Resources Code, is amended by
6-41 adding Section 73.023 to read as follows:
6-42 Sec. 73.023. APPLICATION OF SUNSET ACT. The Interagency
6-43 Council on Early Childhood Intervention is subject to Chapter 325,
6-44 Government Code (Texas Sunset Act). Unless continued in existence
6-45 as provided by that chapter, the council is abolished on September
6-46 1, 2003.
6-47 SECTION 18. Chapter 73, Human Resources Code, is amended by
6-48 adding Section 73.024 to read as follows:
6-49 Sec. 73.024. OPEN MEETINGS; OPEN RECORDS; ADMINISTRATIVE
6-50 PROCEDURE. The board, council, and advisory committee are subject
6-51 to the requirements of the open meetings law, Chapter 551,
6-52 Government Code, the open records law, Chapter 552, Government
6-53 Code, and Chapter 2001, Government Code (Administrative Procedure
6-54 Act).
6-55 SECTION 19. Subchapter F, Chapter 411, Government Code, is
6-56 amended by adding Section 411.129 to read as follows:
6-57 Sec. 411.129. ACCESS TO CRIMINAL HISTORY RECORD
6-58 INFORMATION: INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION.
6-59 (a) The Interagency Council on Early Childhood Intervention is
6-60 entitled to obtain criminal history record information maintained
6-61 by the Department of Public Safety of the State of Texas, the
6-62 Federal Bureau of Investigation identification division, or another
6-63 law enforcement agency that relates to an employee, applicant for
6-64 permanent, temporary, or consultative employment, or volunteer
6-65 positions whose employment or potential employment or volunteer
6-66 position with the council or a local provider involves the delivery
6-67 of early childhood intervention services or involves direct
6-68 interactions with or the opportunity to interact and associate with
6-69 children.
6-70 (b) Criminal history record information obtained by the
7-1 council under Subsection (a) may not be released or disclosed to
7-2 any person except on court order, with the consent of the person
7-3 who is the subject of the criminal history record information, or
7-4 as provided by Subsection (d).
7-5 (c) The council shall destroy criminal history record
7-6 information that relates to a person after the information is used
7-7 for its authorized purpose.
7-8 (d) The council may provide the applicant, employee,
7-9 professional consultant, or volunteer with a copy of the person's
7-10 criminal history record information obtained from the Department of
7-11 Public Safety of the State of Texas, Federal Bureau of
7-12 Investigation identification division, or another law enforcement
7-13 agency.
7-14 (e) The failure or refusal to provide a complete set of
7-15 fingerprints or a complete name on request constitutes good cause
7-16 for dismissal or refusal to hire, as applicable, with regard to
7-17 council employees, professional consultants, and applicants for
7-18 permanent, temporary, or consultative employment, or volunteer
7-19 positions whose employment or potential employment or volunteer
7-20 position with the council or a local provider involves the delivery
7-21 of early childhood intervention services or involves direct
7-22 interactions with or the opportunity to interact and associate with
7-23 children.
7-24 SECTION 20. Sections 73.011 through 73.021, Human Resources
7-25 Code, are repealed.
7-26 SECTION 21. This Act takes effect September 1, 1995.
7-27 SECTION 22. The importance of this legislation and the
7-28 crowded condition of the calendars in both houses create an
7-29 emergency and an imperative public necessity that the
7-30 constitutional rule requiring bills to be read on three several
7-31 days in each house be suspended, and this rule is hereby suspended.
7-32 * * * * *