75R9721 CLG-F                          

         By Zaffirini                                           S.B. No. 305

         Substitute the following for S.B. No. 305:

         By Berlanga                                        C.S.S.B. No. 305

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the Interagency Council on Early Childhood

 1-3     Intervention.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 73.001, Human Resources Code, is amended

 1-6     to read as follows:

 1-7           Sec. 73.001.  DEFINITIONS.  In this chapter:

 1-8                 (1)  "Board" means the board of the Interagency Council

 1-9     on Early Childhood Intervention.

1-10                 (2)  "Council" means the Interagency Council on Early

1-11     Childhood Intervention [Services].

1-12                 (3)  "Developmental delay" [(2)  "Developmentally

1-13     delayed child"] means a significant variation [child who is

1-14     determined by an interdisciplinary team to exhibit:]

1-15                       [(A)  a significant delay, beyond acceptable

1-16     variations] in normal development as measured by appropriate

1-17     diagnostic instruments and procedures, in one or more of the

1-18     following areas:

1-19                       (A) [(i)]  cognitive development;

1-20                       (B)  physical development [(ii)  gross or fine

1-21     motor];

1-22                       (C)  communication development [(iii)  language

1-23     or speech];

 2-1                       (D) [(iv)]  social or emotional development; or

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

 2-3     or]

 2-4                       [(B)  an organic defect or a condition that is

 2-5     very likely to result in a delay in one or more of those

 2-6     capabilities or skills].

 2-7           SECTION 2.  Section 73.002, Human Resources Code, is amended

 2-8     to read as follows:

 2-9           Sec. 73.002.  BOARD [INTERAGENCY COUNCIL].  (a)  The council

2-10     is governed by a board composed of:

2-11                 (1)  eight [three] lay members who are the family

2-12     members [parents] of [developmentally delayed] children with

2-13     developmental delay, appointed by the governor with the advice and

2-14     consent of the senate; and

2-15                 (2)  one member who is a representative of the Texas

2-16     Education Agency, appointed by the commissioner of education.

2-17           (b)  In addition to the members appointed under Subsection

2-18     (a), nonvoting representatives shall be appointed by the

2-19     commissioner or executive head of the following agencies to

2-20     actively participate in board deliberations and advise the board on

2-21     the appointing agency's perspective and concerns regarding the

2-22     early childhood intervention program:

2-23                 (1)  the Texas Department of Health;

2-24                 (2)  the Texas Department of Mental Health and Mental

2-25     Retardation;

 3-1                 (3)  the Texas Commission on Alcohol and Drug Abuse;

 3-2                 (4)  the Texas Department of Human Services;

 3-3                 (5)  the Department of Protective and Regulatory

 3-4     Services; and

 3-5                 (6)  the Texas Workforce Commission.

 3-6           (c)  Five of the lay members of the board must be the parents

 3-7     of children who are receiving or have received early childhood

 3-8     intervention services.  Each state [and one representative each

 3-9     from the Texas Department of Health, the Texas Department of Mental

3-10     Health and Mental Retardation, the Texas Department of Human

3-11     Services, the Central Education Agency, the Department of

3-12     Protective and Regulatory Services, and the Texas Commission on

3-13     Alcohol and Drug Abuse.  The governor with the advice and consent

3-14     of the senate shall appoint the lay members, and the commissioner,

3-15     director, or executive director of each agency shall appoint that

3-16     agency's representative.  The] agency member on or representative

3-17     to the board appointed under Subsection (a) or (b) must have

3-18     [should be a person in the agency with] administrative

3-19     responsibility in the agency represented by the member or

3-20     representative for [the supervision of] early childhood

3-21     intervention [support staff] or related services and must have

3-22     authority to make decisions and, subject to the approval of the

3-23     appropriate commissioner or executive head, commit resources on

3-24     behalf of the appointing agency.

3-25           (d) [(b)]  Members of the board appointed under Subsection

 4-1     (a) [council] serve for staggered six-year terms, with the terms of

 4-2     three members expiring February 1 of each odd-numbered year.  The

 4-3     representatives to the board appointed under Subsection (b) serve

 4-4     as nonvoting participants and serve at the will of the appointing

 4-5     authority.  If a representative [member] appointed by a state

 4-6     agency under Subsection (b) terminates employment with the agency,

 4-7     the representative's [member's] position becomes vacant on the date

 4-8     of termination.  It is a ground for removal from the board if a

 4-9     member appointed by a state agency under Subsection (a) terminates

4-10     employment with the agency.

4-11           (e) [(c)]  The members of the board [council] shall

4-12     [annually] elect one member to serve as the presiding officer and

4-13     one member to serve as assistant presiding officer.  Officers shall

4-14     serve a two-year term [chairperson].

4-15           (f) [(d)]  The board [council] shall meet at least quarterly

4-16     and shall adopt rules for the conduct of its meetings.

4-17           (g) [(e)]  Any action taken by the board [council] must be

4-18     approved by a majority vote of the members present.

4-19           (h) [(f)]  The board [council] shall establish regulations,

4-20     policies, and procedures [a policy] for carrying out the council's

4-21     [its] duties under this chapter.

4-22           (i) [(g)]  The board [council] shall develop a method for

4-23     responding to [programs funded under this chapter to respond to

4-24     individual] complaints regarding services provided by the council

4-25     [program].

 5-1           SECTION 3.  Chapter 73, Human Resources Code, is amended by

 5-2     adding Section 73.0021 to read as follows:

 5-3           Sec. 73.0021.  ELIGIBILITY REQUIREMENT FOR BOARD MEMBERSHIP.

 5-4     (a)  Appointments to the board shall be made without regard to

 5-5     race, color, disability, sex, religion, age, or national origin.

 5-6           (b)  A person is not eligible for appointment as a board

 5-7     member if:

 5-8                 (1)  the person does not meet the eligibility

 5-9     requirements under Section 73.002;

5-10                 (2)  the person or the person's spouse is an officer of

5-11     an agency or paid counsel of an organization with which the council

5-12     engages in a contractual relationship; or

5-13                 (3)  the person is required to register as a lobbyist

5-14     under Chapter 305, Government Code, because of the person's

5-15     activities on behalf of a profession or organization related to

5-16     council functions.

5-17           SECTION 4.  Chapter 73, Human Resources Code, is amended by

5-18     adding Section 73.0022 to read as follows:

5-19           Sec. 73.0022.  REMOVAL OF BOARD MEMBERS.  (a)  It is a ground

5-20     for removal from the board if a member:

5-21                 (1)  is not eligible for appointment to the board under

5-22     Section 73.002;

5-23                 (2)  does not maintain during service on the board the

5-24     qualifications required by Section 73.002;

5-25                 (3)  has or develops an interest that conflicts or

 6-1     appears to conflict with the member's position on the board;

 6-2                 (4)  cannot discharge the member's duties for a

 6-3     substantial part of the term for which the member is appointed

 6-4     because of illness or disability; or

 6-5                 (5)  is absent for more than half of the regularly

 6-6     scheduled board meetings that the member is eligible to attend

 6-7     during a calendar year unless the absences are excused by a

 6-8     majority vote of the board.

 6-9           (b)  The validity of an action of the board is not affected

6-10     by the fact that it was taken when grounds for removal of a board

6-11     member existed.

6-12           (c)  If the executive director of the council has knowledge

6-13     that a potential ground for removal exists, the executive director

6-14     shall notify the presiding officer of the board.  The presiding

6-15     officer shall then notify the appropriate appointing authority of

6-16     the potential removal and the cause for the potential removal

6-17     action.

6-18           (d)  If a board member is removed for cause, the appointing

6-19     authority shall make a subsequent appointment for the remainder of

6-20     that board member's term.

6-21           SECTION 5.  Section 73.003, Human Resources Code, is amended

6-22     to read as follows:

6-23           Sec. 73.003.  STRATEGIC [STATE] PLAN.  [(a)]  The council

6-24     shall develop and implement a strategic [state] plan for a

6-25     statewide system of early childhood intervention services, as

 7-1     required by Subchapter VIII, Individuals with Disabilities

 7-2     Education Act (IDEA) (20 U.S.C.  Section 1471 et seq.), and its

 7-3     subsequent amendments, to ensure that[:]

 7-4                 [(1)]  the provisions of this chapter are properly

 7-5     implemented by the agencies affected[;]

 7-6                 [(2)  child and family needs are assessed statewide and

 7-7     all available resources are coordinated to meet those needs;]

 7-8                 [(3)  manpower needs are assessed statewide and

 7-9     strategies are developed to meet those needs;]

7-10                 [(4)  incentives are offered for private sources to

7-11     maintain present commitments and to assist in developing new

7-12     programs; and]

7-13                 [(5)  a procedure for review of individual complaints

7-14     about services provided under this chapter is implemented].

7-15           [(b)  The council shall make written recommendations for the

7-16     carrying out of its duties under this chapter.  If the council

7-17     considers a recommendation that will affect an agency not

7-18     represented on the council, the council shall seek the advice and

7-19     assistance of the agency before taking action on the

7-20     recommendation.  The council's recommendations shall be implemented

7-21     by the agencies affected by the recommendations.]

7-22           SECTION 6.  Section 73.004, Human Resources Code, is amended

7-23     by amending Subsection (b) and adding Subsection (c) to read as

7-24     follows:

7-25           (b)  The committee shall meet and serve under the rules of

 8-1     the board [council], but the committee shall elect its own

 8-2     presiding officer [chairperson].  The committee may be divided into

 8-3     regional committees to assist the council in community-level

 8-4     program planning and implementation.

 8-5           (c)  The advisory committee is not subject to Article

 8-6     6252-33, Revised Statutes.

 8-7           SECTION 7.  Chapter 73, Human Resources Code, is amended by

 8-8     adding Section 73.0041 to read as follows:

 8-9           Sec. 73.0041.  ADVISORY COMMITTEE DUTIES.  The advisory

8-10     committee established under Section 73.004 shall perform the duties

8-11     and responsibilities required of an advisory committee under

8-12     Subchapter VIII, Individuals with Disabilities Education Act (IDEA)

8-13     (20 U.S.C. Section 1471 et seq.), and its subsequent amendments.

8-14           SECTION 8.  Section 73.005, Human Resources Code, is amended

8-15     to read as follows:

8-16           Sec. 73.005.  BOARD POWERS AND DUTIES.  (a)  The board

8-17     [council] with the advice of the advisory committee shall address

8-18     contemporary issues affecting intervention services in the state

8-19     including:

8-20                 (1)  successful intervention strategies;

8-21                 (2)  personnel preparation and continuing education;

8-22                 (3)  screening services;

8-23                 (4)  day or respite care services;

8-24                 (5)  public awareness; and

8-25                 (6)  contemporary research.

 9-1           (b)  The board [council] with the advice of the advisory

 9-2     committee shall advise the legislature on legislation that is

 9-3     needed [to develop further and] to maintain a statewide system of

 9-4     quality intervention services for [all developmentally delayed]

 9-5     children with developmental delay who are under three years of age

 9-6     and the families of those children.  The council may develop and

 9-7     submit legislation to the legislature or comment on pending

 9-8     legislation that affects this population.

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

9-10     adding Section 73.0051 to read as follows:

9-11           Sec. 73.0051.  POWERS AND DUTIES OF COUNCIL.  (a)  The

9-12     council is the lead agency designated by the governor under

9-13     Subchapter VIII, Individuals with Disabilities Education Act (IDEA)

9-14     (20 U.S.C. Section 1471 et seq.), and its subsequent amendments,

9-15     for the administration, supervision, and monitoring of a statewide

9-16     comprehensive system of early intervention services that will

9-17     ensure that all infants and toddlers in this state who are below

9-18     the age of three and have developmental needs or are at risk of

9-19     developmental delay receive services that are provided in

9-20     partnership with their families and in the context of their local

9-21     community.

9-22           (b)  The council by rule shall:

9-23                 (1)  provide for compliance with the terms and

9-24     provisions of applicable federal and state laws in the

9-25     administration of programs and the delivery of services under this

 10-1    chapter;

 10-2                (2)  establish a program to monitor fiscal and program

 10-3    implementation; and

 10-4                (3)  establish appropriate sanctions for providers who

 10-5    fail to comply with statutory and regulatory fiscal and program

 10-6    requirements.

 10-7          (c)  The council may enter into, administer, and monitor

 10-8    contracts with providers for programs and projects authorized under

 10-9    this chapter.

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

10-11    activities and fiscal performance of the entities funded under this

10-12    chapter to determine compliance with federal and state requirements

10-13    and issue reports regarding program monitoring.

10-14          (e)  The council may apply for and accept gifts, grants, and

10-15    donations from public and private sources for use in programs

10-16    authorized under this chapter.  The council shall deposit money

10-17    received under this section into the state treasury.

10-18          (f)  The council shall cooperate with the Health and Human

10-19    Services Commission and other local, state, and federal agencies in

10-20    the strategic planning, funding, delivery, and monitoring of

10-21    services authorized under this chapter.

10-22          (g)  The council shall make periodic reports as required by

10-23    law to other agencies, the legislature, appropriate committees, the

10-24    governor, and the Secretary of the United States Department of

10-25    Education.

 11-1          (h)  The council shall ensure that all programs and council

 11-2    functions are conducted in a nondiscriminatory manner.

 11-3          SECTION 10.  Chapter 73, Human Resources Code, is amended by

 11-4    adding Section 73.0052 to read as follows:

 11-5          Sec. 73.0052.  PERSONNEL MATTERS.  (a)  The board shall

 11-6    provide to its members and to the employees of the council, as

 11-7    often as necessary, information regarding their qualifications

 11-8    under this chapter and their responsibilities under applicable laws

 11-9    relating to standards of conduct for state officers or employees.

11-10          (b)  The board shall employ an executive director, and the

11-11    executive director shall establish necessary administrative units,

11-12    and hire other necessary employees.

11-13          (c)  Utilizing established standards, the board shall

11-14    evaluate the performance of the executive director annually.

11-15          (d)  The executive director or the executive director's

11-16    designee shall develop an intra-agency career ladder program.

11-17    Employees will be notified of all available positions.  When

11-18    appropriate, postings will be made available to council employees

11-19    before public posting.

11-20          (e)  The executive director or the executive director's

11-21    designee shall develop a system of annual performance evaluations

11-22    based on measurable job tasks.  All merit pay for council employees

11-23    must be based on the system established under this subsection.

11-24          (f)  The executive director or the executive director's

11-25    designee shall prepare and maintain a written policy statement to

 12-1    assure implementation of a program of equal employment opportunity

 12-2    under which all personnel transactions are made without regard to

 12-3    race, color, handicap, sex, religion, age, or national origin.  The

 12-4    policy statement must include:

 12-5                (1)  personnel policies, including policies relating to

 12-6    recruitment, evaluation, selection, appointment, training, and

 12-7    promotion of personnel;

 12-8                (2)  a comprehensive analysis of the agency workforce

 12-9    that meets federal and state guidelines; and

12-10                (3)  procedures by which a determination can be made of

12-11    significant underutilization in the council's workforce of all

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

12-13    equitable balance and reasonable methods to appropriately address

12-14    those areas of significant underutilization.

12-15          (g)  The policy statement prepared under Subsection (f) must:

12-16                (1)  cover an annual period;

12-17                (2)  be updated at least annually; and

12-18                (3)  be filed with the governor.

12-19          SECTION 11.  Section 73.006, Human Resources Code, is amended

12-20    to read as follows:

12-21          Sec. 73.006.  REIMBURSEMENT FOR EXPENSES [AND STAFF SUPPORT].

12-22    (a)  An agency member on or agency [Agency] representatives to [on]

12-23    the board and the advisory committee, if any, [council] are

12-24    entitled to reimbursement for expenses incurred in the performance

12-25    of their [council] duties by the appointing agencies in accordance

 13-1    with the travel provisions for state employees in the General

 13-2    Appropriations Act.

 13-3          (b)  The lay members of the board [described by Section

 13-4    73.002(a)] and advisory committee [members] are entitled to

 13-5    reimbursement [from the council] for reasonable [actual] and

 13-6    necessary expenses incurred in the performance of board or advisory

 13-7    committee [council] duties, including reimbursement for child care

 13-8    [or attendant care].

 13-9          (c) [(b)]  The agencies that have a member or representatives

13-10    [represented] on the board [council] shall provide staff support to

13-11    the council as needed.  The agencies may provide staff support to

13-12    the committee.

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

13-14    or an advisory committee member who is disabled and who, because of

13-15    the disability, requires attendant care to perform the person's

13-16    duties is entitled to reimbursement for the cost of the attendant

13-17    care.

13-18          [(c)  The council shall select and employ:]

13-19                [(1)  an early childhood intervention administrator

13-20    with the approval of the governor; and]

13-21                [(2)  other personnel necessary for the administration

13-22    of the council's duties.]

13-23          SECTION 12.  Section 73.007, Human Resources Code, is amended

13-24    to read as follows:

13-25          Sec. 73.007.  PUBLIC AWARENESS AND TRAINING.  The council

 14-1    shall develop and implement:

 14-2                (1)  a general public awareness strategy focusing on

 14-3    the importance of prenatal care and early identification

 14-4    [detection] of infants and toddlers with developmental delay and

 14-5    the availability of [state] resources to meet their [the] needs [of

 14-6    developmentally delayed children under six years of age]; and

 14-7                (2)  a statewide plan for conducting [regional]

 14-8    training and technical assistance [sessions] for [public and

 14-9    private] service providers, primary referral sources, and families

14-10    [who have routine contact] with children under three [six] years of

14-11    age with [that focuses on methods for early detection of]

14-12    developmental delay.

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

14-14    to read as follows:

14-15          Sec. 73.008.  Early Identification Strategy.  (a)  The

14-16    council shall develop and implement a statewide strategy for:

14-17                (1)  the early identification of [developmentally

14-18    delayed] children under three [six] years of age with developmental

14-19    delay; and

14-20                (2)  the coordination of programs with[, utilizing

14-21    information from] other agencies serving [handicapped] children

14-22    with developmental delay.

14-23          (b)  The strategy must include plans to:

14-24                (1)  incorporate, strengthen, and expand similar

14-25    existing local efforts;

 15-1                (2)  incorporate and coordinate screening services

 15-2    currently provided through a public agency; and

 15-3                (3)  establish a liaison with primary referral sources,

 15-4    including hospitals, physicians, public health facilities, and

 15-5    day-care facilities, to encourage referrals of [developmentally

 15-6    delayed] children with developmental delay.

 15-7          SECTION 14.  Section 73.009(a), Human Resources Code, is

 15-8    amended to read as follows:

 15-9          (a)  The council shall establish policies concerning services

15-10    described by this section.  A child under three [six] years of age

15-11    and the child's family may be referred for services described by

15-12    this section if the child is:

15-13                (1)  identified as developmentally delayed;

15-14                (2)  suspected of being developmentally delayed; or

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

15-16    of certain biological or environmental factors].

15-17          SECTION 15.  Section 73.010, Human Resources Code, is amended

15-18    to read as follows:

15-19          Sec. 73.010.  Eligibility for Services.  [(a)]  A

15-20    [developmentally delayed] child is eligible for services under this

15-21    chapter if the child:

15-22                (1)  is under three years of age; and

15-23                (2)  is documented as having developmental delay or has

15-24    a medically diagnosed physical or mental condition that has a high

15-25    probability of resulting in developmental delay [has not reached

 16-1    the age of eligibility for entry into the comprehensive special

 16-2    education program for handicapped children under Section 21.501,

 16-3    Education Code; or]

 16-4                [(3)  is under three years of age and is an eligible

 16-5    child authorized under Section 11.052(a) and Section 11.10(o),

 16-6    Education Code.]

 16-7          [(b)  The council may charge fees for services provided under

 16-8    this chapter].

 16-9          SECTION 16.  Section 73.022, Human Resources Code, is amended

16-10    to read as follows:

16-11          Sec. 73.022.  FINANCES.  (a)  The council shall:

16-12                (1)  ensure compliance with requirements necessary to

16-13    obtain federal funds in the maximum amount and the most

16-14    advantageous proportions possible;

16-15                (2)  apply for, receive, administer, and spend federal

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

16-17    Education Act (IDEA) (20 U.S.C. Section 1471 et seq.), and its

16-18    subsequent amendments, dealing with infants and toddlers from birth

16-19    to age three with developmental delay and their families; and

16-20                (3)  authorize and account for the classification and

16-21    spending of maintenance of effort and carryover funds from all

16-22    sources in carrying out the programs funded under this chapter.

16-23          (b)  All money paid to the council under this chapter shall

16-24    be deposited in the state treasury and may be used only for the

16-25    administration of this chapter.

 17-1          (c)  The financial transactions of the council are subject to

 17-2    audit by the state auditor in accordance with Chapter 321,

 17-3    Government Code.

 17-4          (d)  The executive director shall prepare and submit to the

 17-5    board for approval a biennial budget and request for an

 17-6    appropriation by the legislature of funds necessary to carry out

 17-7    the duties of the council.  The budget and request must include an

 17-8    estimate of all federal funds to be allocated to the state for the

 17-9    performance of the council's duties.

17-10          (e)  The council shall submit the budget and appropriations

17-11    request to the Legislative Budget Board and the governor in the

17-12    manner prescribed by law.

17-13          (f)  The council shall annually file with the governor and

17-14    the presiding officer of each house of the legislature a complete

17-15    and detailed written report accounting for all funds received and

17-16    disbursed by the council during the preceding year in accordance

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

17-18    (a)  The Central Education Agency may not impose requirements on an

17-19    early childhood intervention program that receives funds under the

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

17-21    2701 et seq.) that are not requirements under federal law or under

17-22    this chapter.]

17-23          [(b)  The Central Education Agency shall coordinate

17-24    monitoring required by federal law for early childhood intervention

17-25    programs with the program monitoring required by this chapter to

 18-1    the extent possible].

 18-2          SECTION 17.  Chapter 73, Human Resources Code, is amended by

 18-3    adding Section 73.023 to read as follows:

 18-4          Sec. 73.023.  APPLICATION OF SUNSET ACT.  The Interagency

 18-5    Council on Early Childhood Intervention is subject to Chapter 325,

 18-6    Government Code (Texas Sunset Act).  Unless continued in existence

 18-7    as provided by that chapter, the council is abolished on September

 18-8    1, 2003.

 18-9          SECTION 18.  Chapter 73, Human Resources Code, is amended by

18-10    adding Section 73.024 to read as follows:

18-11          Sec. 73.024.  OPEN MEETINGS; OPEN RECORDS; ADMINISTRATIVE

18-12    PROCEDURE.  The board, council, and advisory committee are subject

18-13    to the requirements of the open meetings law, Chapter 551,

18-14    Government Code, the open records law, Chapter 552, Government

18-15    Code, and Chapter 2001, Government Code.

18-16          SECTION 19.  Subchapter F, Chapter 411, Government Code, is

18-17    amended by adding Section 411.132 to read as follows:

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

18-19    INFORMATION:  INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION.

18-20    (a)  The Interagency Council on Early Childhood Intervention is

18-21    entitled to obtain criminal history record information maintained

18-22    by the Department of Public Safety, the Federal Bureau of

18-23    Investigation identification division, or another law enforcement

18-24    agency that relates to an employee or an applicant for permanent,

18-25    temporary, or consultative employment or for volunteer positions

 19-1    whose employment or potential employment or volunteer position with

 19-2    the council or a local provider involves the delivery of early

 19-3    childhood intervention services or involves direct interactions

 19-4    with or the opportunity to interact and associate with children.

 19-5          (b)  Criminal history record information obtained by the

 19-6    council under Subsection (a) may not be released or disclosed to

 19-7    any person except on court order, with the consent of the person

 19-8    who is the subject of the criminal history record information, or

 19-9    as provided by Subsection (d).

19-10          (c)  The council shall destroy criminal history record

19-11    information that relates to a person after the information is used

19-12    for its authorized purpose.

19-13          (d)  The council may provide the applicant, employee,

19-14    professional consultant, or volunteer with a copy of the person's

19-15    criminal history record information obtained from the Department of

19-16    Public Safety, Federal Bureau of Investigation identification

19-17    division, or another law enforcement agency.

19-18          (e)  The failure or refusal to provide a complete set of

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

19-20    for dismissal or refusal to hire, as applicable, with regard to

19-21    council employees, professional consultants, and applicants for

19-22    permanent, temporary, or consultative employment or for volunteer

19-23    positions whose employment or potential employment or volunteer

19-24    position with the council or a local provider involves the delivery

19-25    of early childhood intervention services or involves direct

 20-1    interactions with or the opportunity to interact and associate with

 20-2    children.

 20-3          SECTION 20.  Sections 73.011-73.021,  Human Resources Code,

 20-4    are repealed.

 20-5          SECTION 21.  (a)  As soon as possible after the effective

 20-6    date of this Act, the governor shall appoint the eight lay members

 20-7    of the board of the Interagency Council on Early Childhood

 20-8    Intervention in accordance with Section 73.002, Human Resources

 20-9    Code, as amended by this Act, with three members' terms expiring

20-10    February 1, 1999, three members' terms expiring February 1, 2001,

20-11    and two members' terms expiring February 1, 2003.

20-12          (b)  As soon as possible after the effective date of this

20-13    Act, the commissioner of education shall appoint one member to the

20-14    board of the Interagency Council on Early Childhood Intervention

20-15    for a term expiring February 1, 2003.

20-16          (c)  As soon as possible after the effective date of this

20-17    Act, the executive director or commissioner of the agencies listed

20-18    in Section 73.002(b), Human Resources Code, as amended by this Act,

20-19    shall appoint representatives required by that subsection.

20-20          (d)  Until all members of the board of the Interagency

20-21    Council on Early Childhood Intervention are appointed and are

20-22    qualified to take office as required by this Act, a majority of the

20-23    members who are qualified to serve on the board constitutes a

20-24    quorum of the board, so long as at least four are qualified.

20-25          (e)  The term of a member of the council of the Interagency

 21-1    Council on Early Childhood Intervention, as the council existed

 21-2    immediately before the effective date of this Act, expires and the

 21-3    member's position is abolished on the date on which a majority of

 21-4    the members of the board of the Interagency Council on Early

 21-5    Childhood Intervention are appointed and are qualified to take

 21-6    office.

 21-7          SECTION 22.  This Act takes effect September 1, 1997.

 21-8          SECTION 23.  The importance of this legislation and the

 21-9    crowded condition of the calendars in both houses create an

21-10    emergency and an imperative public necessity that the

21-11    constitutional rule requiring bills to be read on three several

21-12    days in each house be suspended, and this rule is hereby suspended.