By:  Zaffirini                                S.B. No. 305

                                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

 2-1                       (E)  adaptive development [(v)  self-help skills;

 2-2     or]

 2-3                       [(B)  an organic defect or a condition that is

 2-4     very likely to result in a delay in one or more of those

 2-5     capabilities or skills].

 2-6           SECTION 2.  Section 73.002, Human Resources Code, is amended

 2-7     to read as follows:

 2-8           Sec. 73.002.  BOARD [INTERAGENCY COUNCIL].  (a)  The council

 2-9     is governed by a board composed of nine [three] lay members who are

2-10     the family members [parents] of [developmentally delayed] children

2-11     with developmental delay, appointed by the governor with the advice

2-12     and consent of the senate.

2-13           (b)  In addition to the members appointed under Subsection

2-14     (a), nonvoting representatives shall be appointed by the

2-15     commissioner or executive head of the following agencies to

2-16     actively participate in board deliberations and advise the board on

2-17     the appointing agency's perspective and concerns regarding the

2-18     early childhood intervention program:

2-19                 (1)  the Texas Department of Health;

2-20                 (2)  the Texas Department of Mental Health and Mental

2-21     Retardation;

2-22                 (3)  the Texas Education Agency;

2-23                 (4)  the Texas Commission on Alcohol and Drug Abuse;

2-24                 (5)  the Texas Department of Human Services;

2-25                 (6)  the Department of Protective and Regulatory

 3-1     Services; and

 3-2                 (7)  the Texas Workforce Commission.

 3-3           (c)  Five of the lay members of the board must be the parents

 3-4     of children who are receiving or have received early childhood

 3-5     intervention services.  Each state [and one representative each

 3-6     from the Texas Department of Health, the Texas Department of Mental

 3-7     Health and Mental Retardation, the Texas Department of Human

 3-8     Services, the Central Education Agency, the Department of

 3-9     Protective and Regulatory Services, and the Texas Commission on

3-10     Alcohol and Drug Abuse.  The governor with the advice and consent

3-11     of the senate shall appoint the lay members, and the commissioner,

3-12     director, or executive director of each agency shall appoint that

3-13     agency's representative.  The] agency representative appointed

3-14     under Subsection (b) must have [should be a person in the agency

3-15     with] administrative responsibility in the agency represented by

3-16     the representative for [the supervision of] early childhood

3-17     intervention [support staff] or related services and must have

3-18     authority to make decisions and commit resources on behalf of the

3-19     appointing agency.

3-20           (d) [(b)]  Members of the board [council] appointed under

3-21     Subsection (a) serve for staggered six-year terms, with the terms

3-22     of three members expiring February 1 of each odd-numbered year.

3-23     The representatives to the board appointed under Subsection (b)

3-24     serve as nonvoting participants and serve at the will of the

3-25     appointing authority.  If a representative [member] appointed by a

 4-1     state agency under Subsection (b) terminates employment with the

 4-2     agency, the representative's [member's] position becomes vacant on

 4-3     the date of termination.

 4-4           (e) [(c)]  The members of the board [council] shall

 4-5     [annually] elect one member to serve as the presiding officer and

 4-6     one member to serve as assistant presiding officer.  Officers shall

 4-7     serve a two-year term [chairperson].

 4-8           (f) [(d)]  The board [council] shall meet at least quarterly

 4-9     and shall adopt rules for the conduct of its meetings.

4-10           (g) [(e)]  Any action taken by the board [council] must be

4-11     approved by a majority vote of the members present.

4-12           (h) [(f)]  The board [council] shall establish regulations,

4-13     policies, and procedures [a policy] for carrying out the council's

4-14     [its] duties under this chapter.

4-15           (i) [(g)]  The board [council] shall develop a method for

4-16     responding to [programs funded under this chapter to respond to

4-17     individual] complaints regarding services provided by the council

4-18     [program].

4-19           SECTION 3.  Chapter 73, Human Resources Code, is amended by

4-20     adding Section 73.0021 to read as follows:

4-21           Sec. 73.0021.  ELIGIBILITY REQUIREMENT FOR BOARD MEMBERSHIP.

4-22     (a)  Appointments to the board shall be made without regard to

4-23     race, color, disability, sex, religion, age, or national origin.

4-24           (b)  A person is not eligible for appointment as a board

4-25     member if:

 5-1                 (1)  the person does not meet the eligibility

 5-2     requirements under Section 73.002;

 5-3                 (2)  the person or the person's spouse is an officer of

 5-4     an agency or paid counsel of an organization with which the council

 5-5     engages in a contractual relationship; or

 5-6                 (3)  the person is required to register as a lobbyist

 5-7     under Chapter 305, Government Code, because of the person's

 5-8     activities on behalf of a profession or organization related to

 5-9     council functions.

5-10           SECTION 4.  Chapter 73, Human Resources Code, is amended by

5-11     adding Section 73.0022 to read as follows:

5-12           Sec. 73.0022.  REMOVAL OF BOARD MEMBERS.  (a)  It is a ground

5-13     for removal from the board if a member:

5-14                 (1)  is not eligible for appointment to the board under

5-15     Section 73.002;

5-16                 (2)  does not maintain during service on the board the

5-17     qualifications required by Section 73.002;

5-18                 (3)  has or develops an interest that conflicts or

5-19     appears to conflict with the member's position on the board;

5-20                 (4)  cannot discharge the member's duties for a

5-21     substantial part of the term for which the member is appointed

5-22     because of illness or disability; or

5-23                 (5)  is absent for more than half of the regularly

5-24     scheduled board meetings that the member is eligible to attend

5-25     during a calendar year unless the absences are excused by a

 6-1     majority vote of the board.

 6-2           (b)  The validity of an action of the board is not affected

 6-3     by the fact that it was taken when grounds for removal of a board

 6-4     member existed.

 6-5           (c)  If the executive director of the council has knowledge

 6-6     that a potential ground for removal exists, the executive director

 6-7     shall notify the presiding officer of the board.  The presiding

 6-8     officer shall then notify the governor of the potential removal and

 6-9     the cause for the potential removal action.

6-10           (d)  If a board member is removed for cause, the governor

6-11     shall make a subsequent appointment for the remainder of that board

6-12     member's term.

6-13           SECTION 5.  Section 73.003, Human Resources Code, is amended

6-14     to read as follows:

6-15           Sec. 73.003.  STRATEGIC [STATE] PLAN.  [(a)]  The council

6-16     shall develop and implement a strategic [state] plan for a

6-17     statewide system of early childhood intervention services, as

6-18     required by Subchapter VIII, Individuals with Disabilities

6-19     Education Act (IDEA) (20 U.S.C. Section 1471 et seq.), and its

6-20     subsequent amendments, to ensure that[:]

6-21                 [(1)]  the provisions of this chapter are properly

6-22     implemented by the agencies affected[;]

6-23                 [(2)  child and family needs are assessed statewide and

6-24     all available resources are coordinated to meet those needs;]

6-25                 [(3)  manpower needs are assessed statewide and

 7-1     strategies are developed to meet those needs;]

 7-2                 [(4)  incentives are offered for private sources to

 7-3     maintain present commitments and to assist in developing new

 7-4     programs; and]

 7-5                 [(5)  a procedure for review of individual complaints

 7-6     about services provided under this chapter is implemented].

 7-7           [(b)  The council shall make written recommendations for the

 7-8     carrying out of its duties under this chapter.  If the council

 7-9     considers a recommendation that will affect an agency not

7-10     represented on the council, the council shall seek the advice and

7-11     assistance of the agency before taking action on the

7-12     recommendation.  The council's recommendations shall be implemented

7-13     by the agencies affected by the recommendations.]

7-14           SECTION 6.  Section 73.004, Human Resources Code, is amended

7-15     by amending Subsection (b) and adding Subsection (c) to read as

7-16     follows:

7-17           (b)  The committee shall meet and serve under the rules of

7-18     the board [council], but the committee shall elect its own

7-19     presiding officer [chairperson].  The committee may be divided into

7-20     regional committees to assist the council in community-level

7-21     program planning and implementation.

7-22           (c)  The advisory committee is not subject to Article

7-23     6252-33, Revised Statutes.

7-24           SECTION 7.  Chapter 73, Human Resources Code, is amended by

7-25     adding Section 73.0041 to read as follows:

 8-1           Sec. 73.0041.  ADVISORY COMMITTEE DUTIES.  The advisory

 8-2     committee established under Section 73.004 shall perform the duties

 8-3     and responsibilities required of an advisory committee under

 8-4     Subchapter VIII, Individuals with Disabilities Education Act (IDEA)

 8-5     (20 U.S.C. Section 1471 et seq.), and its subsequent amendments.

 8-6           SECTION 8.  Section 73.005, Human Resources Code, is amended

 8-7     to read as follows:

 8-8           Sec. 73.005.  BOARD POWERS AND DUTIES.  (a)  The board

 8-9     [council] with the advice of the advisory committee shall address

8-10     contemporary issues affecting intervention services in the state

8-11     including:

8-12                 (1)  successful intervention strategies;

8-13                 (2)  personnel preparation and continuing education;

8-14                 (3)  screening services;

8-15                 (4)  day or respite care services;

8-16                 (5)  public awareness; and

8-17                 (6)  contemporary research.

8-18           (b)  The board [council] with the advice of the advisory

8-19     committee shall advise the legislature on legislation that is

8-20     needed [to develop further and] to maintain a statewide system of

8-21     quality intervention services for [all developmentally delayed]

8-22     children with developmental delay who are under three years of age

8-23     and the families of those children.  The council may develop and

8-24     submit legislation to the legislature or comment on pending

8-25     legislation that affects this population.

 9-1           SECTION 9.  Chapter 73, Human Resources Code, is amended by

 9-2     adding Section 73.0051 to read as follows:

 9-3           Sec. 73.0051.  POWERS AND DUTIES OF COUNCIL.  (a)  The

 9-4     council is the lead agency designated by the governor under

 9-5     Subchapter VIII, Individuals with Disabilities Education Act (IDEA)

 9-6     (20 U.S.C. Section 1471 et seq.), and its subsequent amendments for

 9-7     the administration, supervision, and monitoring of a statewide

 9-8     comprehensive system of early intervention services that will

 9-9     ensure that all infants and toddlers in this state who are below

9-10     the age of three and have developmental needs or are at risk of

9-11     developmental delay receive services that are provided in

9-12     partnership with their families and in the context of their local

9-13     community.

9-14           (b)  The council by rule shall:

9-15                 (1)  provide for compliance with the terms and

9-16     provisions of applicable federal and state laws in the

9-17     administration of programs and the delivery of services under this

9-18     chapter;

9-19                 (2)  establish a program to monitor fiscal and program

9-20     implementation; and

9-21                 (3)  establish appropriate sanctions for providers who

9-22     fail to comply with statutory and regulatory fiscal and program

9-23     requirements.

9-24           (c)  The council may enter into, administer, and monitor

9-25     contracts with providers for programs and projects authorized under

 10-1    this chapter.

 10-2          (d)  The council shall periodically monitor program

 10-3    activities and fiscal performance of the entities funded under this

 10-4    chapter to determine compliance with federal and state requirements

 10-5    and issue reports regarding program monitoring.

 10-6          (e)  The council may apply for and accept gifts, grants, and

 10-7    donations from public and private sources for use in programs

 10-8    authorized under this chapter. The council shall deposit money

 10-9    received under this section into the state treasury.

10-10          (f)  The council shall cooperate with the Health and Human

10-11    Services Commission and other local, state, and federal agencies in

10-12    the strategic planning, funding, delivery, and monitoring of

10-13    services authorized under this chapter.

10-14          (g)  The council shall make periodic reports as required by

10-15    law to other agencies, the legislature, appropriate committees, the

10-16    governor, and the Secretary of the United States Department of

10-17    Education.

10-18          (h)  The council shall ensure that all programs and council

10-19    functions are conducted in a nondiscriminatory manner.

10-20          SECTION 10.  Chapter 73, Human Resources Code, is amended by

10-21    adding Section 73.0052 to read as follows:

10-22          Sec. 73.0052.  PERSONNEL MATTERS.  (a)  The board shall

10-23    provide to its members and to the employees of the council, as

10-24    often as necessary, information regarding their qualifications

10-25    under this chapter and their responsibilities under applicable laws

 11-1    relating to standards of conduct for state officers or employees.

 11-2          (b)  The board shall employ an executive director, and the

 11-3    executive director shall establish necessary administrative units,

 11-4    and hire other necessary employees.

 11-5          (c)  Utilizing established standards, the board shall

 11-6    evaluate the performance of the executive director annually.

 11-7          (d)  The executive director or the executive director's

 11-8    designee shall develop an intra-agency career ladder program.

 11-9    Employees will be notified of all available positions.  When

11-10    appropriate, postings will be made available to council employees

11-11    before public posting.

11-12          (e)  The executive director or the executive director's

11-13    designee shall develop a system of annual performance evaluations

11-14    based on measurable job tasks.  All merit pay for council employees

11-15    must be based on the system established under this subsection.

11-16          (f)  The executive director or the executive director's

11-17    designee shall prepare and maintain a written policy statement to

11-18    assure implementation of a program of equal employment opportunity

11-19    under which all personnel transactions are made without regard to

11-20    race, color, handicap, sex, religion, age, or national origin.  The

11-21    policy statement must include:

11-22                (1)  personnel policies, including policies relating to

11-23    recruitment, evaluation, selection, appointment, training, and

11-24    promotion of personnel;

11-25                (2)  a comprehensive analysis of the agency workforce

 12-1    that meets federal and state guidelines; and

 12-2                (3)  procedures by which a determination can be made of

 12-3    significant underutilization in the council's workforce of all

 12-4    persons for whom federal or state guidelines encourage a more

 12-5    equitable balance and reasonable methods to appropriately address

 12-6    those areas of significant underutilization.

 12-7          (g)  The policy statement prepared under Subsection (f) must:

 12-8                (1)  cover an annual period;

 12-9                (2)  be updated at least annually; and

12-10                (3)  be filed with the governor.

12-11          SECTION 11.  Section 73.006, Human Resources Code, is amended

12-12    to read as follows:

12-13          Sec. 73.006.  REIMBURSEMENT FOR EXPENSES [AND STAFF SUPPORT].

12-14    (a)  Agency representatives to [on] the board and the advisory

12-15    committee, if any, [council] are entitled to reimbursement for

12-16    expenses incurred in the performance of their [council] duties by

12-17    the appointing agencies in accordance with the travel provisions

12-18    for state employees in the General Appropriations Act.

12-19          (b)  The lay members of the board [described by Section

12-20    73.002(a)] and advisory committee [members] are entitled to

12-21    reimbursement [from the council] for reasonable [actual] and

12-22    necessary expenses incurred in the performance of board or advisory

12-23    committee [council] duties, including reimbursement for child care

12-24    [or attendant care].

12-25          (c) [(b)]  The agencies that have representatives

 13-1    [represented] on the board [council] shall provide staff support to

 13-2    the council as needed.  The agencies may provide staff support to

 13-3    the committee.

 13-4          (d)  A board member, a nonvoting representative to the board,

 13-5    or an advisory committee member who is disabled and who, because of

 13-6    the disability, requires attendant care to perform the person's

 13-7    duties is entitled to reimbursement for the cost of the attendant

 13-8    care.

 13-9          [(c)  The council shall select and employ:]

13-10                [(1)  an early childhood intervention administrator

13-11    with the approval of the governor; and]

13-12                [(2)  other personnel necessary for the administration

13-13    of the council's duties.]

13-14          SECTION 12.  Section 73.007, Human Resources Code, is amended

13-15    to read as follows:

13-16          Sec. 73.007.  PUBLIC AWARENESS AND TRAINING.  The council

13-17    shall develop and implement:

13-18                (1)  a general public awareness strategy focusing on

13-19    the importance of prenatal care and early identification

13-20    [detection] of infants and toddlers with developmental delay and

13-21    the availability of [state] resources to meet their [the] needs [of

13-22    developmentally delayed children under six years of age]; and

13-23                (2)  a statewide plan for conducting [regional]

13-24    training and technical assistance [sessions] for [public and

13-25    private] service providers, primary referral sources, and families

 14-1    [who have routine contact] with children under three [six] years of

 14-2    age with [that focuses on methods for early detection of]

 14-3    developmental delay.

 14-4          SECTION 13.  Section 73.008, Human Resources Code, is amended

 14-5    to read as follows:

 14-6          Sec. 73.008.  Early Identification Strategy.  (a)  The

 14-7    council shall develop and implement a statewide strategy for:

 14-8                (1)  the early identification of [developmentally

 14-9    delayed] children under three [six] years of age with developmental

14-10    delay; and

14-11                (2)  the coordination of programs with[, utilizing

14-12    information from] other agencies serving [handicapped] children

14-13    with developmental delay.

14-14          (b)  The strategy must include plans to:

14-15                (1)  incorporate, strengthen, and expand similar

14-16    existing local efforts;

14-17                (2)  incorporate and coordinate screening services

14-18    currently provided through a public agency; and

14-19                (3)  establish a liaison with primary referral sources,

14-20    including hospitals, physicians, public health facilities, and

14-21    day-care facilities, to encourage referrals of [developmentally

14-22    delayed] children with developmental delay.

14-23          SECTION 14.  Subsection (a), Section 73.009, Human Resources

14-24    Code, is amended to read as follows:

14-25          (a)  The council shall establish policies concerning services

 15-1    described by this section.  A child under three [six] years of age

 15-2    and the child's family may be referred for services described by

 15-3    this section if the child is:

 15-4                (1)  identified as developmentally delayed;

 15-5                (2)  suspected of being developmentally delayed; or

 15-6                (3)  considered at risk of developmental delay [because

 15-7    of certain biological or environmental factors].

 15-8          SECTION 15.  Section 73.010, Human Resources Code, is amended

 15-9    to read as follows:

15-10          Sec. 73.010.  Eligibility for Services.  [(a)]  A

15-11    [developmentally delayed] child is eligible for services under this

15-12    chapter if the child:

15-13                (1)  is under three years of age; and

15-14                (2)  is documented as having developmental delay or has

15-15    a medically diagnosed physical or mental condition that has a high

15-16    probability of resulting in developmental delay [has not reached

15-17    the age of eligibility for entry into the comprehensive special

15-18    education program for handicapped children under Section 21.501,

15-19    Education Code; or]

15-20                [(3)  is under three years of age and is an eligible

15-21    child authorized under Section 11.052(a) and Section 11.10(o),

15-22    Education Code.]

15-23          [(b)  The council may charge fees for services provided under

15-24    this chapter].

15-25          SECTION 16.  Section 73.022, Human Resources Code, is amended

 16-1    to read as follows:

 16-2          Sec. 73.022.  FINANCES.  (a)  The council shall:

 16-3                (1)  ensure compliance with requirements necessary to

 16-4    obtain federal funds in the maximum amount and the most

 16-5    advantageous proportions possible;

 16-6                (2)  apply for, receive, administer, and spend federal

 16-7    and state funds for Subchapter VIII, Individuals with Disabilities

 16-8    Education Act (IDEA) (20 U.S.C. Section 1471 et seq.), and its

 16-9    subsequent amendments, dealing with infants and toddlers from birth

16-10    to age three with developmental delay and their families; and

16-11                (3)  authorize and account for the classification and

16-12    spending of maintenance of effort and carryover funds from all

16-13    sources in carrying out the programs funded under this chapter.

16-14          (b)  All money paid to the council under this chapter shall

16-15    be deposited in the state treasury and may be used only for the

16-16    administration of this chapter.

16-17          (c)  The financial transactions of the council are subject to

16-18    audit by the state auditor in accordance with Chapter 321,

16-19    Government Code.

16-20          (d)  The executive director shall prepare and submit to the

16-21    board for approval a biennial budget and request for an

16-22    appropriation by the legislature of funds necessary to carry out

16-23    the duties of the council.  The budget and request must include an

16-24    estimate of all federal funds to be allocated to the state for the

16-25    performance of the council's duties.

 17-1          (e)  The council shall submit the budget and appropriations

 17-2    request to the Legislative Budget Board and the governor in the

 17-3    manner prescribed by law.

 17-4          (f)  The council shall annually file with the governor and

 17-5    the presiding officer of each house of the legislature a complete

 17-6    and detailed written report accounting for all funds received and

 17-7    disbursed by the council during the preceding year in accordance

 17-8    with the General Appropriations Act [Federally Funded Programs][.

 17-9    (a)  The Central Education Agency may not impose requirements on an

17-10    early childhood intervention program that receives funds under the

17-11    Elementary and Secondary Education Act of 1965 (20 U.S.C. Section

17-12    2701 et seq.) that are not requirements under federal law or under

17-13    this chapter.]

17-14          [(b)  The Central Education Agency shall coordinate

17-15    monitoring required by federal law for early childhood intervention

17-16    programs with the program monitoring required by this chapter to

17-17    the extent possible].

17-18          SECTION 17.  Chapter 73, Human Resources Code, is amended by

17-19    adding Section 73.023 to read as follows:

17-20          Sec. 73.023.  APPLICATION OF SUNSET ACT.  The Interagency

17-21    Council on Early Childhood Intervention is subject to Chapter 325,

17-22    Government Code (Texas Sunset Act).  Unless continued in existence

17-23    as provided by that chapter, the council is abolished on September

17-24    1, 2003.

17-25          SECTION 18.  Chapter 73, Human Resources Code, is amended by

 18-1    adding Section 73.024 to read as follows:

 18-2          Sec. 73.024.  OPEN MEETINGS; OPEN RECORDS; ADMINISTRATIVE

 18-3    PROCEDURE.  The board, council, and advisory committee are subject

 18-4    to the requirements of the open meetings law, Chapter 551,

 18-5    Government Code, the open records law, Chapter 552, Government

 18-6    Code, and Chapter 2001, Government Code.

 18-7          SECTION 19.  Subchapter F, Chapter 411, Government Code, is

 18-8    amended by adding Section 411.132 to read as follows:

 18-9          Sec. 411.132.  ACCESS TO CRIMINAL HISTORY RECORD

18-10    INFORMATION:  INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION.

18-11    (a)  The Interagency Council on Early Childhood Intervention is

18-12    entitled to obtain criminal history record information maintained

18-13    by the Department of Public Safety, the Federal Bureau of

18-14    Investigation identification division, or another law enforcement

18-15    agency that relates to an employee or an applicant for permanent,

18-16    temporary, or consultative employment or for volunteer positions

18-17    whose employment or potential employment or volunteer position with

18-18    the council or a local provider involves the delivery of early

18-19    childhood intervention services or involves direct interactions

18-20    with or the opportunity to interact and associate with children.

18-21          (b)  Criminal history record information obtained by the

18-22    council under Subsection (a) may not be released or disclosed to

18-23    any person except on court order, with the consent of the person

18-24    who is the subject of the criminal history record information, or

18-25    as provided by Subsection (d).

 19-1          (c)  The council shall destroy criminal history record

 19-2    information that relates to a person after the information is used

 19-3    for its authorized purpose.

 19-4          (d)  The council may provide the applicant, employee,

 19-5    professional consultant, or volunteer with a copy of the person's

 19-6    criminal history record information obtained from the Department of

 19-7    Public Safety, Federal Bureau of Investigation identification

 19-8    division, or another law enforcement agency.

 19-9          (e)  The failure or refusal to provide a complete set of

19-10    fingerprints or a complete name on request constitutes good cause

19-11    for dismissal or refusal to hire, as applicable, with regard to

19-12    council employees, professional consultants, and applicants for

19-13    permanent, temporary, or consultative employment or for volunteer

19-14    positions whose employment or potential employment or volunteer

19-15    position with the council or a local provider involves the delivery

19-16    of early childhood intervention services or involves direct

19-17    interactions with or the opportunity to interact and associate with

19-18    children.

19-19          SECTION 20.  Sections 73.011 through 73.021,  Human Resources

19-20    Code, are repealed.

19-21          SECTION 21.  (a)  As soon as possible after the effective

19-22    date of this Act, the governor shall appoint the nine lay members

19-23    of the board of the Interagency Council on Early Childhood

19-24    Intervention in accordance with Section 73.002, Human Resources

19-25    Code, as amended by this Act, with three members' terms expiring

 20-1    February 1, 1999, three members' terms expiring February 1, 2001,

 20-2    and three members' terms expiring February 1, 2003.

 20-3          (b)  As soon as possible after the effective date of this

 20-4    Act, the executive director or commissioner of the agencies listed

 20-5    in Subsection (b), Section 73.002, Human Resources Code, as amended

 20-6    by this Act, shall appoint representatives required by that

 20-7    subsection.

 20-8          (c)  Until all members of the board of the Interagency

 20-9    Council on Early Childhood Intervention are appointed and are

20-10    qualified to take office as required by this Act, a majority of the

20-11    members who are qualified to serve on the board constitutes a

20-12    quorum of the board, so long as at least four are qualified.

20-13          (d)  The term of a member of the council of the Interagency

20-14    Council on Early Childhood Intervention, as the council existed

20-15    immediately before the effective date of this Act, expires and the

20-16    member's position is abolished on the date on which a majority of

20-17    the members of the board of the Interagency Council on Early

20-18    Childhood Intervention are appointed and are qualified to take

20-19    office.

20-20          SECTION 22.  This Act takes effect September 1, 1997.

20-21          SECTION 23.  The importance of this legislation and the

20-22    crowded condition of the calendars in both houses create an

20-23    emergency and an imperative public necessity that the

20-24    constitutional rule requiring bills to be read on three several

20-25    days in each house be suspended, and this rule is hereby suspended.