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:
2-10 (1) eight [three] lay members who are the family
2-11 members [parents] of [developmentally delayed] children with
2-12 developmental delay, appointed by the governor with the advice and
2-13 consent of the senate; and
2-14 (2) one member who is a representative of the Texas
2-15 Education Agency, appointed by the commissioner of education.
2-16 (b) In addition to the members appointed under Subsection
2-17 (a), nonvoting representatives shall be appointed by the
2-18 commissioner or executive head of the following agencies to
2-19 actively participate in board deliberations and advise the board on
2-20 the appointing agency's perspective and concerns regarding the
2-21 early childhood intervention program:
2-22 (1) the Texas Department of Health;
2-23 (2) the Texas Department of Mental Health and Mental
2-24 Retardation;
2-25 (3) the Texas Commission on Alcohol and Drug Abuse;
3-1 (4) the Texas Department of Human Services;
3-2 (5) the Department of Protective and Regulatory
3-3 Services; and
3-4 (6) the Texas Workforce Commission.
3-5 (c) Five of the lay members of the board must be the parents
3-6 of children who are receiving or have received early childhood
3-7 intervention services. Each state [and one representative each
3-8 from the Texas Department of Health, the Texas Department of Mental
3-9 Health and Mental Retardation, the Texas Department of Human
3-10 Services, the Central Education Agency, the Department of
3-11 Protective and Regulatory Services, and the Texas Commission on
3-12 Alcohol and Drug Abuse. The governor with the advice and consent
3-13 of the senate shall appoint the lay members, and the commissioner,
3-14 director, or executive director of each agency shall appoint that
3-15 agency's representative. The] agency member on or representative
3-16 to the board appointed under Subsection (a) or (b) must have
3-17 [should be a person in the agency with] administrative
3-18 responsibility in the agency represented by the member or
3-19 representative for [the supervision of] early childhood
3-20 intervention [support staff] or related services and must have
3-21 authority to make decisions and, subject to the approval of the
3-22 appropriate commissioner or executive head, commit resources on
3-23 behalf of the appointing agency.
3-24 (d) [(b)] Members of the board appointed under Subsection
3-25 (a) [council] serve for staggered six-year terms, with the terms of
4-1 three members expiring February 1 of each odd-numbered year. The
4-2 representatives to the board appointed under Subsection (b) serve
4-3 as nonvoting participants and serve at the will of the appointing
4-4 authority. If a representative [member] appointed by a state
4-5 agency under Subsection (b) terminates employment with the agency,
4-6 the representative's [member's] position becomes vacant on the date
4-7 of termination. It is a ground for removal from the board if a
4-8 member appointed by a state agency under Subsection (a) terminates
4-9 employment with the agency.
4-10 (e) [(c)] The members of the board [council] shall
4-11 [annually] elect one member to serve as the presiding officer and
4-12 one member to serve as assistant presiding officer. Officers shall
4-13 serve a two-year term [chairperson].
4-14 (f) [(d)] The board [council] shall meet at least quarterly
4-15 and shall adopt rules for the conduct of its meetings.
4-16 (g) [(e)] Any action taken by the board [council] must be
4-17 approved by a majority vote of the members present.
4-18 (h) [(f)] The board [council] shall establish regulations,
4-19 policies, and procedures [a policy] for carrying out the council's
4-20 [its] duties under this chapter.
4-21 (i) [(g)] The board [council] shall develop a method for
4-22 responding to [programs funded under this chapter to respond to
4-23 individual] complaints regarding services provided by the council
4-24 [program].
4-25 SECTION 3. Chapter 73, Human Resources Code, is amended by
5-1 adding Section 73.0021 to read as follows:
5-2 Sec. 73.0021. ELIGIBILITY REQUIREMENT FOR BOARD MEMBERSHIP.
5-3 (a) Appointments to the board shall be made without regard to
5-4 race, color, disability, sex, religion, age, or national origin.
5-5 (b) A person is not eligible for appointment as a board
5-6 member if:
5-7 (1) the person does not meet the eligibility
5-8 requirements under Section 73.002;
5-9 (2) the person or the person's spouse is an officer of
5-10 an agency or paid counsel of an organization with which the council
5-11 engages in a contractual relationship; or
5-12 (3) the person is required to register as a lobbyist
5-13 under Chapter 305, Government Code, because of the person's
5-14 activities on behalf of a profession or organization related to
5-15 council functions.
5-16 SECTION 4. Chapter 73, Human Resources Code, is amended by
5-17 adding Section 73.0022 to read as follows:
5-18 Sec. 73.0022. REMOVAL OF BOARD MEMBERS. (a) It is a ground
5-19 for removal from the board if a member:
5-20 (1) is not eligible for appointment to the board under
5-21 Section 73.002;
5-22 (2) does not maintain during service on the board the
5-23 qualifications required by Section 73.002;
5-24 (3) has or develops an interest that conflicts or
5-25 appears to conflict with the member's position on the board;
6-1 (4) cannot discharge the member's duties for a
6-2 substantial part of the term for which the member is appointed
6-3 because of illness or disability; or
6-4 (5) is absent for more than half of the regularly
6-5 scheduled board meetings that the member is eligible to attend
6-6 during a calendar year.
6-7 (b) The validity of an action of the board is not affected
6-8 by the fact that it was taken when grounds for removal of a board
6-9 member existed.
6-10 (c) If the executive director of the council has knowledge
6-11 that a potential ground for removal exists, the executive director
6-12 shall notify the presiding officer of the board. The presiding
6-13 officer shall then notify the appropriate appointing authority of
6-14 the potential removal and the cause for the potential removal
6-15 action.
6-16 (d) If a board member is removed for cause, the appointing
6-17 authority shall make a subsequent appointment for the remainder of
6-18 that board member's term.
6-19 SECTION 5. Section 73.003, Human Resources Code, is amended
6-20 to read as follows:
6-21 Sec. 73.003. STRATEGIC [STATE] PLAN. [(a)] The council
6-22 shall develop and implement a strategic [state] plan for a
6-23 statewide system of early childhood intervention services, as
6-24 required by Subchapter VIII, Individuals with Disabilities
6-25 Education Act (IDEA) (20 U.S.C. Section 1471 et seq.), and its
7-1 subsequent amendments, to ensure that[:]
7-2 [(1)] the provisions of this chapter are properly
7-3 implemented by the agencies affected[;]
7-4 [(2) child and family needs are assessed statewide and
7-5 all available resources are coordinated to meet those needs;]
7-6 [(3) manpower needs are assessed statewide and
7-7 strategies are developed to meet those needs;]
7-8 [(4) incentives are offered for private sources to
7-9 maintain present commitments and to assist in developing new
7-10 programs; and]
7-11 [(5) a procedure for review of individual complaints
7-12 about services provided under this chapter is implemented].
7-13 [(b) The council shall make written recommendations for the
7-14 carrying out of its duties under this chapter. If the council
7-15 considers a recommendation that will affect an agency not
7-16 represented on the council, the council shall seek the advice and
7-17 assistance of the agency before taking action on the
7-18 recommendation. The council's recommendations shall be implemented
7-19 by the agencies affected by the recommendations.]
7-20 SECTION 6. Section 73.004, Human Resources Code, is amended
7-21 by amending Subsection (b) and adding Subsection (c) to read as
7-22 follows:
7-23 (b) The committee shall meet and serve under the rules of
7-24 the board [council], but the committee shall elect its own
7-25 presiding officer [chairperson]. The committee may be divided into
8-1 regional committees to assist the council in community-level
8-2 program planning and implementation.
8-3 (c) The advisory committee is not subject to Article
8-4 6252-33, Revised Statutes.
8-5 SECTION 7. Chapter 73, Human Resources Code, is amended by
8-6 adding Section 73.0041 to read as follows:
8-7 Sec. 73.0041. ADVISORY COMMITTEE DUTIES. The advisory
8-8 committee established under Section 73.004 shall perform the duties
8-9 and responsibilities required of an advisory committee under
8-10 Subchapter VIII, Individuals with Disabilities Education Act (IDEA)
8-11 (20 U.S.C. Section 1471 et seq.), and its subsequent amendments.
8-12 SECTION 8. Section 73.005, Human Resources Code, is amended
8-13 to read as follows:
8-14 Sec. 73.005. BOARD POWERS AND DUTIES. (a) The board
8-15 [council] with the advice of the advisory committee shall address
8-16 contemporary issues affecting intervention services in the state
8-17 including:
8-18 (1) successful intervention strategies;
8-19 (2) personnel preparation and continuing education;
8-20 (3) screening services;
8-21 (4) day or respite care services;
8-22 (5) public awareness; and
8-23 (6) contemporary research.
8-24 (b) The board [council] with the advice of the advisory
8-25 committee shall advise the legislature on legislation that is
9-1 needed [to develop further and] to maintain a statewide system of
9-2 quality intervention services for [all developmentally delayed]
9-3 children with developmental delay who are under three years of age
9-4 and the families of those children. The council may develop and
9-5 submit legislation to the legislature or comment on pending
9-6 legislation that affects this population.
9-7 SECTION 9. Chapter 73, Human Resources Code, is amended by
9-8 adding Section 73.0051 to read as follows:
9-9 Sec. 73.0051. POWERS AND DUTIES OF COUNCIL. (a) The
9-10 council is the lead agency designated by the governor under
9-11 Subchapter VIII, Individuals with Disabilities Education Act (IDEA)
9-12 (20 U.S.C. Section 1471 et seq.), and its subsequent amendments,
9-13 for the administration, supervision, and monitoring of a statewide
9-14 comprehensive system of early intervention services that will
9-15 ensure that all infants and toddlers in this state who are below
9-16 the age of three and have developmental needs or are at risk of
9-17 developmental delay receive services that are provided in
9-18 partnership with their families and in the context of their local
9-19 community.
9-20 (b) The council by rule shall:
9-21 (1) provide for compliance with the terms and
9-22 provisions of applicable federal and state laws in the
9-23 administration of programs and the delivery of services under this
9-24 chapter;
9-25 (2) establish a program to monitor fiscal and program
10-1 implementation; and
10-2 (3) establish appropriate sanctions for providers who
10-3 fail to comply with statutory and regulatory fiscal and program
10-4 requirements.
10-5 (c) The council may enter into, administer, and monitor
10-6 contracts with providers for programs and projects authorized under
10-7 this chapter.
10-8 (d) The council shall periodically monitor program
10-9 activities and fiscal performance of the entities funded under this
10-10 chapter to determine compliance with federal and state requirements
10-11 and issue reports regarding program monitoring.
10-12 (e) The council may apply for and accept gifts, grants, and
10-13 donations from public and private sources for use in programs
10-14 authorized under this chapter. The council shall deposit money
10-15 received under this section into the state treasury.
10-16 (f) The council shall cooperate with the Health and Human
10-17 Services Commission and other local, state, and federal agencies in
10-18 the strategic planning, funding, delivery, and monitoring of
10-19 services authorized under this chapter.
10-20 (g) The council shall make periodic reports as required by
10-21 law to other agencies, the legislature, appropriate committees, the
10-22 governor, and the Secretary of the United States Department of
10-23 Education.
10-24 (h) The council shall ensure that all programs and council
10-25 functions are conducted in a nondiscriminatory manner.
11-1 (i) The council shall include parents when deciding the
11-2 appropriate treatment for the needs of their child or children.
11-3 (j) The council shall not limit services to solely natural
11-4 environments but shall also make alternatives available when early
11-5 intervention cannot be achieved satisfactorily in a natural
11-6 environment.
11-7 SECTION 10. Chapter 73, Human Resources Code, is amended by
11-8 adding Section 73.0052 to read as follows:
11-9 Sec. 73.0052. PERSONNEL MATTERS. (a) The board shall
11-10 provide to its members and to the employees of the council, as
11-11 often as necessary, information regarding their qualifications
11-12 under this chapter and their responsibilities under applicable laws
11-13 relating to standards of conduct for state officers or employees.
11-14 (b) The board shall employ an executive director, and the
11-15 executive director shall establish necessary administrative units,
11-16 and hire other necessary employees.
11-17 (c) Utilizing established standards, the board shall
11-18 evaluate the performance of the executive director annually.
11-19 (d) The executive director or the executive director's
11-20 designee shall develop an intra-agency career ladder program.
11-21 Employees will be notified of all available positions. When
11-22 appropriate, postings will be made available to council employees
11-23 before public posting.
11-24 (e) The executive director or the executive director's
11-25 designee shall develop a system of annual performance evaluations
12-1 based on measurable job tasks. All merit pay for council employees
12-2 must be based on the system established under this subsection.
12-3 (f) The executive director or the executive director's
12-4 designee shall prepare and maintain a written policy statement to
12-5 assure implementation of a program of equal employment opportunity
12-6 under which all personnel transactions are made without regard to
12-7 race, color, handicap, sex, religion, age, or national origin. The
12-8 policy statement must include:
12-9 (1) personnel policies, including policies relating to
12-10 recruitment, evaluation, selection, appointment, training, and
12-11 promotion of personnel;
12-12 (2) a comprehensive analysis of the agency workforce
12-13 that meets federal and state laws, rules, and regulations and
12-14 instructions promulgated directly from those laws, rules, and
12-15 regulations; and
12-16 (3) procedures by which a determination can be made of
12-17 significant underutilization in the council's workforce of all
12-18 persons for whom federal or state laws, rules, and regulations and
12-19 instructions promulgated directly from those laws, rules, and
12-20 regulations encourage a more equitable balance and reasonable
12-21 methods to appropriately address those areas of significant
12-22 underutilization.
12-23 (g) The policy statement prepared under Subsection (f) must:
12-24 (1) cover an annual period;
12-25 (2) be updated at least annually; and
13-1 (3) be filed with the governor.
13-2 SECTION 11. Section 73.006, Human Resources Code, is amended
13-3 to read as follows:
13-4 Sec. 73.006. REIMBURSEMENT FOR EXPENSES [AND STAFF SUPPORT].
13-5 (a) An agency member on or agency [Agency] representatives to [on]
13-6 the board and the advisory committee, if any, [council] are
13-7 entitled to reimbursement for expenses incurred in the performance
13-8 of their [council] duties by the appointing agencies in accordance
13-9 with the travel provisions for state employees in the General
13-10 Appropriations Act.
13-11 (b) The lay members of the board [described by Section
13-12 73.002(a)] and advisory committee [members] are entitled to
13-13 reimbursement [from the council] for reasonable [actual] and
13-14 necessary expenses incurred in the performance of board or advisory
13-15 committee [council] duties, including reimbursement for child care
13-16 [or attendant care].
13-17 (c) [(b)] The agencies that have a member or representatives
13-18 [represented] on the board [council] shall provide staff support to
13-19 the council as needed. The agencies may provide staff support to
13-20 the committee.
13-21 (d) A board member, a nonvoting representative to the board,
13-22 or an advisory committee member who is disabled and who, because of
13-23 the disability, requires attendant care to perform the person's
13-24 duties is entitled to reimbursement for the cost of the attendant
13-25 care.
14-1 [(c) The council shall select and employ:]
14-2 [(1) an early childhood intervention administrator
14-3 with the approval of the governor; and]
14-4 [(2) other personnel necessary for the administration
14-5 of the council's duties.]
14-6 SECTION 12. Section 73.007, Human Resources Code, is amended
14-7 to read as follows:
14-8 Sec. 73.007. PUBLIC AWARENESS AND TRAINING. The council
14-9 shall develop and implement:
14-10 (1) a general public awareness strategy focusing on
14-11 the importance of prenatal care and early identification
14-12 [detection] of infants and toddlers with developmental delay and
14-13 the availability of [state] resources to meet their [the] needs [of
14-14 developmentally delayed children under six years of age]; and
14-15 (2) a statewide plan for conducting [regional]
14-16 training and technical assistance [sessions] for [public and
14-17 private] service providers, primary referral sources, and families
14-18 [who have routine contact] with children under three [six] years of
14-19 age with [that focuses on methods for early detection of]
14-20 developmental delay.
14-21 SECTION 13. Section 73.008, Human Resources Code, is amended
14-22 to read as follows:
14-23 Sec. 73.008. Early Identification Strategy. (a) The
14-24 council shall develop and implement a statewide strategy for:
14-25 (1) the early identification of [developmentally
15-1 delayed] children under three [six] years of age with developmental
15-2 delay; and
15-3 (2) the coordination of programs with[, utilizing
15-4 information from] other agencies serving [handicapped] children
15-5 with developmental delay.
15-6 (b) The strategy must include plans to:
15-7 (1) incorporate, strengthen, and expand similar
15-8 existing local efforts;
15-9 (2) incorporate and coordinate screening services
15-10 currently provided through a public agency; and
15-11 (3) establish a liaison with primary referral sources,
15-12 including hospitals, physicians, public health facilities, and
15-13 day-care facilities, to encourage referrals of [developmentally
15-14 delayed] children with developmental delay.
15-15 SECTION 14. Subsection (a), Section 73.009, Human Resources
15-16 Code, is amended to read as follows:
15-17 (a) The council shall establish policies concerning services
15-18 described by this section. A child under three [six] years of age
15-19 and the child's family may be referred for services described by
15-20 this section if the child is:
15-21 (1) identified as developmentally delayed;
15-22 (2) suspected of being developmentally delayed; or
15-23 (3) considered at risk of developmental delay [because
15-24 of certain biological or environmental factors].
15-25 SECTION 15. Section 73.010, Human Resources Code, is amended
16-1 to read as follows:
16-2 Sec. 73.010. Eligibility for Services. [(a)] A
16-3 [developmentally delayed] child is eligible for services under this
16-4 chapter if the child:
16-5 (1) is under three years of age; and
16-6 (2) is documented as having developmental delay or has
16-7 a medically diagnosed physical or mental condition that has a high
16-8 probability of resulting in developmental delay [has not reached
16-9 the age of eligibility for entry into the comprehensive special
16-10 education program for handicapped children under Section 21.501,
16-11 Education Code; or]
16-12 [(3) is under three years of age and is an eligible
16-13 child authorized under Section 11.052(a) and Section 11.10(o),
16-14 Education Code.]
16-15 [(b) The council may charge fees for services provided under
16-16 this chapter].
16-17 SECTION 16. Section 73.022, Human Resources Code, is amended
16-18 to read as follows:
16-19 Sec. 73.022. FINANCES. (a) The council shall:
16-20 (1) ensure compliance with requirements necessary to
16-21 obtain federal funds in the maximum amount and the most
16-22 advantageous proportions possible;
16-23 (2) apply for, receive, administer, and spend federal
16-24 and state funds for Subchapter VIII, Individuals with Disabilities
16-25 Education Act (IDEA) (20 U.S.C. Section 1471 et seq.), and its
17-1 subsequent amendments, dealing with infants and toddlers from birth
17-2 to age three with developmental delay and their families; and
17-3 (3) authorize and account for the classification and
17-4 spending of maintenance of effort and carryover funds from all
17-5 sources in carrying out the programs funded under this chapter.
17-6 (b) All money paid to the council under this chapter shall
17-7 be deposited in the state treasury and may be used only for the
17-8 administration of this chapter.
17-9 (c) The financial transactions of the council are subject to
17-10 audit by the state auditor in accordance with Chapter 321,
17-11 Government Code.
17-12 (d) The executive director shall prepare and submit to the
17-13 board for approval a biennial budget and request for an
17-14 appropriation by the legislature of funds necessary to carry out
17-15 the duties of the council. The budget and request must include an
17-16 estimate of all federal funds to be allocated to the state for the
17-17 performance of the council's duties.
17-18 (e) The council shall submit the budget and appropriations
17-19 request to the Legislative Budget Board and the governor in the
17-20 manner prescribed by law.
17-21 (f) The council shall annually file with the governor and
17-22 the presiding officer of each house of the legislature a complete
17-23 and detailed written report accounting for all funds received and
17-24 disbursed by the council during the preceding year in accordance
17-25 with the General Appropriations Act [Federally Funded Programs][.
18-1 (a) The Central Education Agency may not impose requirements on an
18-2 early childhood intervention program that receives funds under the
18-3 Elementary and Secondary Education Act of 1965 (20 U.S.C. Section
18-4 2701 et seq.) that are not requirements under federal law or under
18-5 this chapter.]
18-6 [(b) The Central Education Agency shall coordinate
18-7 monitoring required by federal law for early childhood intervention
18-8 programs with the program monitoring required by this chapter to
18-9 the extent possible].
18-10 SECTION 17. Chapter 73, Human Resources Code, is amended by
18-11 adding Section 73.023 to read as follows:
18-12 Sec. 73.023. APPLICATION OF SUNSET ACT. The Interagency
18-13 Council on Early Childhood Intervention is subject to Chapter 325,
18-14 Government Code (Texas Sunset Act). Unless continued in existence
18-15 as provided by that chapter, the council is abolished on September
18-16 1, 1999.
18-17 SECTION 18. Chapter 73, Human Resources Code, is amended by
18-18 adding Section 73.024 to read as follows:
18-19 Sec. 73.024. OPEN MEETINGS; OPEN RECORDS; ADMINISTRATIVE
18-20 PROCEDURE. The board, council, and advisory committee are subject
18-21 to the requirements of the open meetings law, Chapter 551,
18-22 Government Code, the open records law, Chapter 552, Government
18-23 Code, and Chapter 2001, Government Code.
18-24 SECTION 19. Subchapter F, Chapter 411, Government Code, is
18-25 amended by adding Section 411.132 to read as follows:
19-1 Sec. 411.132. ACCESS TO CRIMINAL HISTORY RECORD
19-2 INFORMATION: INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION.
19-3 (a) The Interagency Council on Early Childhood Intervention is
19-4 entitled to obtain criminal history record information maintained
19-5 by the Department of Public Safety, the Federal Bureau of
19-6 Investigation identification division, or another law enforcement
19-7 agency that relates to an employee or an applicant for permanent,
19-8 temporary, or consultative employment or for volunteer positions
19-9 whose employment or potential employment or volunteer position with
19-10 the council or a local provider involves the delivery of early
19-11 childhood intervention services or involves direct interactions
19-12 with or the opportunity to interact and associate with children.
19-13 (b) Criminal history record information obtained by the
19-14 council under Subsection (a) may not be released or disclosed to
19-15 any person except on court order, with the consent of the person
19-16 who is the subject of the criminal history record information, or
19-17 as provided by Subsection (d).
19-18 (c) The council shall destroy criminal history record
19-19 information that relates to a person after the information is used
19-20 for its authorized purpose.
19-21 (d) The council may provide the applicant, employee,
19-22 professional consultant, or volunteer with a copy of the person's
19-23 criminal history record information obtained from the Department of
19-24 Public Safety, Federal Bureau of Investigation identification
19-25 division, or another law enforcement agency.
20-1 (e) The failure or refusal to provide a complete set of
20-2 fingerprints or a complete name on request constitutes good cause
20-3 for dismissal or refusal to hire, as applicable, with regard to
20-4 council employees, professional consultants, and applicants for
20-5 permanent, temporary, or consultative employment or for volunteer
20-6 positions whose employment or potential employment or volunteer
20-7 position with the council or a local provider involves the delivery
20-8 of early childhood intervention services or involves direct
20-9 interactions with or the opportunity to interact and associate with
20-10 children.
20-11 SECTION 20. Sections 73.011-73.021, Human Resources Code,
20-12 are repealed.
20-13 SECTION 21. (a) As soon as possible after the effective
20-14 date of this Act, the governor shall appoint the eight lay members
20-15 of the board of the Interagency Council on Early Childhood
20-16 Intervention in accordance with Section 73.002, Human Resources
20-17 Code, as amended by this Act, with three members' terms expiring
20-18 February 1, 1999, three members' terms expiring February 1, 2001,
20-19 and two members' terms expiring February 1, 2003.
20-20 (b) As soon as possible after the effective date of this
20-21 Act, the commissioner of education shall appoint one member to the
20-22 board of the Interagency Council on Early Childhood Intervention
20-23 for a term expiring February 1, 2003.
20-24 (c) As soon as possible after the effective date of this
20-25 Act, the executive director or commissioner of the agencies listed
21-1 in Subsection (b), Section 73.002, Human Resources Code, as amended
21-2 by this Act, shall appoint representatives required by that
21-3 subsection.
21-4 (d) Until all members of the board of the Interagency
21-5 Council on Early Childhood Intervention are appointed and are
21-6 qualified to take office as required by this Act, a majority of the
21-7 members who are qualified to serve on the board constitutes a
21-8 quorum of the board, so long as at least four are qualified.
21-9 (e) The term of a member of the council of the Interagency
21-10 Council on Early Childhood Intervention, as the council existed
21-11 immediately before the effective date of this Act, expires and the
21-12 member's position is abolished on the date on which a majority of
21-13 the members of the board of the Interagency Council on Early
21-14 Childhood Intervention are appointed and are qualified to take
21-15 office.
21-16 SECTION 22. This Act takes effect September 1, 1997.
21-17 SECTION 23. The importance of this legislation and the
21-18 crowded condition of the calendars in both houses create an
21-19 emergency and an imperative public necessity that the
21-20 constitutional rule requiring bills to be read on three several
21-21 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 305 passed the Senate on
February 17, 1997, by a viva-voce vote; and that the Senate
concurred in House amendments on May 24, 1997, by a viva-voce vote.
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Secretary of the Senate
I hereby certify that S.B. No. 305 passed the House, with
amendments, on May 21, 1997, by a non-record vote.
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Chief Clerk of the House
Approved:
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Date
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Governor