By Zaffirini S.B. No. 305
75R4375 CLG-F
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];
1-24 (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 the following nine members:
2-10 (1) six [three] lay members who are the family members
2-11 [parents] of [developmentally delayed] children with developmental
2-12 delay, appointed by the governor with the advice and consent of the
2-13 senate;
2-14 (2) one member who is a representative of the Texas
2-15 Department of Health, appointed by the commissioner of public
2-16 health;
2-17 (3) one member who is a representative of the Texas
2-18 Department of Mental Health and Mental Retardation, appointed by
2-19 the commissioner of mental health and mental retardation; and
2-20 (4) one member who is a representative of the Texas
2-21 Education Agency, appointed by the commissioner of education.
2-22 (b) In addition to the members appointed under Subsection
2-23 (a), nonvoting representatives shall be appointed by the
2-24 commissioner or executive head of the following agencies to
2-25 actively participate in board deliberations and advise the board on
2-26 the appointing agency's perspective and concerns regarding the
2-27 early childhood intervention program:
3-1 (1) the Texas Commission on Alcohol and Drug Abuse;
3-2 (2) the Texas Department of Human Services;
3-3 (3) the Department of Protective and Regulatory
3-4 Services; and
3-5 (4) the Texas Workforce Commission.
3-6 (c) Four 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 of the board and each
3-17 representative appointed under Subsection (b) must have [should be
3-18 a person in the agency with] administrative responsibility in the
3-19 agency represented by the member or representative for [the
3-20 supervision of] early childhood intervention [support staff] or
3-21 related services and must have authority to make decisions and
3-22 commit resources on behalf of the appointing agency.
3-23 (d) [(b)] Members of the board [council] appointed under
3-24 Subsection (a) serve for staggered six-year terms, with the terms
3-25 of three members expiring February 1 of each odd-numbered year.
3-26 The representatives to the board appointed under Subsection (b)
3-27 serve as nonvoting participants and serve at the will of the
4-1 appointing authority. If a member or representative appointed by a
4-2 state agency under Subsection (a) or (b) terminates employment with
4-3 the agency, the member's or representative's position becomes
4-4 vacant on the date of termination.
4-5 (e) [(c)] The members of the board [council] shall
4-6 [annually] elect one member to serve as the presiding officer and
4-7 one member to serve as assistant presiding officer. Officers shall
4-8 serve a two-year term [chairperson].
4-9 (f) [(d)] The board [council] shall meet at least quarterly
4-10 and shall adopt rules for the conduct of its meetings.
4-11 (g) [(e)] Any action taken by the board [council] must be
4-12 approved by a majority vote of the members present.
4-13 (h) [(f)] The board [council] shall establish regulations,
4-14 policies, and procedures [a policy] for carrying out the council's
4-15 [its] duties under this chapter.
4-16 (i) [(g)] The board [council] shall develop a method for
4-17 responding to [programs funded under this chapter to respond to
4-18 individual] complaints regarding services provided by the council
4-19 [program].
4-20 SECTION 3. Chapter 73, Human Resources Code, is amended by
4-21 adding Section 73.0021 to read as follows:
4-22 Sec. 73.0021. ELIGIBILITY REQUIREMENT FOR BOARD MEMBERSHIP.
4-23 (a) Appointments to the board shall be made without regard to
4-24 race, color, disability, sex, religion, age, or national origin.
4-25 (b) A person is not eligible for appointment as a board
4-26 member if:
4-27 (1) the person does not meet the eligibility
5-1 requirements under Section 73.002;
5-2 (2) the person or the person's spouse is an officer of
5-3 an agency or paid counsel of an organization with which the council
5-4 engages in a contractual relationship; or
5-5 (3) the person is required to register as a lobbyist
5-6 under Chapter 305, Government Code, because of the person's
5-7 activities on behalf of a profession or organization related to
5-8 council functions.
5-9 (c) An agency member of the board who is an officer of the
5-10 appointing agency is not disqualified under Subsection (b)(2)
5-11 because the person holds that position.
5-12 SECTION 4. Chapter 73, Human Resources Code, is amended by
5-13 adding Section 73.0022 to read as follows:
5-14 Sec. 73.0022. REMOVAL OF BOARD MEMBERS. (a) It is a ground
5-15 for removal from the board if a member:
5-16 (1) is not eligible for appointment to the board under
5-17 Section 73.002;
5-18 (2) does not maintain during service on the board the
5-19 qualifications required by Section 73.002;
5-20 (3) has or develops an interest that conflicts or
5-21 appears to conflict with the member's position on the board;
5-22 (4) cannot discharge the member's duties for a
5-23 substantial part of the term for which the member is appointed
5-24 because of illness or disability; or
5-25 (5) is absent for more than half of the regularly
5-26 scheduled board meetings that the member is eligible to attend
5-27 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 appropriate appointing authority of
6-9 the potential removal and the cause for the potential removal
6-10 action.
6-11 (d) If a board member is removed for cause, the appointing
6-12 authority shall make a subsequent appointment for the remainder of
6-13 that board member's term.
6-14 SECTION 5. Section 73.003, Human Resources Code, is amended
6-15 to read as follows:
6-16 Sec. 73.003. STRATEGIC [STATE] PLAN. [(a)] The council
6-17 shall develop and implement a strategic [state] plan for a
6-18 statewide system of early childhood intervention services, as
6-19 required by Subchapter VIII, Individuals with Disabilities
6-20 Education Act (IDEA) (20 U.S.C. Section 1471 et seq.), and its
6-21 subsequent amendments, to ensure that[:]
6-22 [(1)] the provisions of this chapter are properly
6-23 implemented by the agencies affected[;]
6-24 [(2) child and family needs are assessed statewide and
6-25 all available resources are coordinated to meet those needs;]
6-26 [(3) manpower needs are assessed statewide, and
6-27 strategies are developed to meet those needs;]
7-1 [(4) incentives are offered for private sources to
7-2 maintain present commitments and to assist in developing new
7-3 programs; and]
7-4 [(5) a procedure for review of individual complaints
7-5 about services provided under this chapter is implemented].
7-6 [(b) The council shall make written recommendations for the
7-7 carrying out of its duties under this chapter. If the council
7-8 considers a recommendation that will affect an agency not
7-9 represented on the council, the council shall seek the advice and
7-10 assistance of the agency before taking action on the
7-11 recommendation. The council's recommendations shall be implemented
7-12 by the agencies affected by the recommendations.]
7-13 SECTION 6. Section 73.004, Human Resources Code, is amended
7-14 by amending Subsection (b) and adding Subsection (c) to read as
7-15 follows:
7-16 (b) The committee shall meet and serve under the rules of
7-17 the board [council], but the committee shall elect its own
7-18 presiding officer [chairperson]. The committee may be divided into
7-19 regional committees to assist the council in community-level
7-20 program planning and implementation.
7-21 (c) The advisory committee is not subject to Article
7-22 6252-33, Revised Statutes.
7-23 SECTION 7. Chapter 73, Human Resources Code, is amended by
7-24 adding Section 73.0041 to read as follows:
7-25 Sec. 73.0041. ADVISORY COMMITTEE DUTIES. The advisory
7-26 committee established under Section 73.004 shall perform the duties
7-27 and responsibilities required of an advisory committee under
8-1 Subchapter VIII, Individuals with Disabilities Education Act (IDEA)
8-2 (20 U.S.C. Section 1471 et seq.), and its subsequent amendments.
8-3 SECTION 8. Section 73.005, Human Resources Code, is amended
8-4 to read as follows:
8-5 Sec. 73.005. BOARD POWERS AND DUTIES. (a) The board
8-6 [council] with the advice of the advisory committee shall address
8-7 contemporary issues affecting intervention services in the state
8-8 including:
8-9 (1) successful intervention strategies;
8-10 (2) personnel preparation and continuing education;
8-11 (3) screening services;
8-12 (4) day or respite care services;
8-13 (5) public awareness; and
8-14 (6) contemporary research.
8-15 (b) The board [council] with the advice of the advisory
8-16 committee shall advise the legislature on legislation that is
8-17 needed [to develop further and] to maintain a statewide system of
8-18 quality intervention services for [all developmentally delayed]
8-19 children with developmental delay who are under three years of age
8-20 and the families of those children. The council may develop and
8-21 submit legislation to the legislature or comment on pending
8-22 legislation that affects this population.
8-23 SECTION 9. Chapter 73, Human Resources Code, is amended by
8-24 adding Section 73.0051 to read as follows:
8-25 Sec. 73.0051. POWERS AND DUTIES OF COUNCIL. (a) The
8-26 council is the lead agency designated by the governor under
8-27 Subchapter VIII, Individuals with Disabilities Education Act (IDEA)
9-1 (20 U.S.C. Section 1471 et seq.), and its subsequent amendments
9-2 for the administration, supervision, and monitoring of a statewide
9-3 comprehensive system of early intervention services that will
9-4 ensure that all infants and toddlers in this state who are below
9-5 the age of three and have developmental needs or are at risk of
9-6 developmental delay receive services that are provided in
9-7 partnership with their families and in the context of their local
9-8 community.
9-9 (b) The council by rule shall:
9-10 (1) provide for compliance with the terms and
9-11 provisions of applicable federal and state laws in the
9-12 administration of programs and the delivery of services under this
9-13 chapter;
9-14 (2) establish a program to monitor fiscal and program
9-15 implementation; and
9-16 (3) establish appropriate sanctions for providers who
9-17 fail to comply with statutory and regulatory fiscal and program
9-18 requirements.
9-19 (c) The council may enter into, administer, and monitor
9-20 contracts with providers for programs and projects authorized under
9-21 this chapter.
9-22 (d) The council shall periodically monitor program
9-23 activities and fiscal performance of the entities funded under this
9-24 chapter to determine compliance with federal and state requirements
9-25 and issue reports regarding program monitoring.
9-26 (e) The council may apply for and accept gifts, grants, and
9-27 donations from public and private sources for use in programs
10-1 authorized under this chapter. The council shall deposit money
10-2 received under this section into the state treasury.
10-3 (f) The council shall cooperate with the Health and Human
10-4 Services Commission and other local, state, and federal agencies in
10-5 the strategic planning, funding, delivery, and monitoring of
10-6 services authorized under this chapter.
10-7 (g) The council shall make periodic reports as required by
10-8 law to other agencies, the legislature, appropriate committees, the
10-9 governor, and the Secretary of the United States Department of
10-10 Education.
10-11 (h) The council shall ensure that all programs and council
10-12 functions are conducted in a nondiscriminatory manner.
10-13 SECTION 10. Chapter 73, Human Resources Code, is amended by
10-14 adding Section 73.0052 to read as follows:
10-15 Sec. 73.0052. PERSONNEL MATTERS. (a) The board shall
10-16 provide to its members and to the employees of the council, as
10-17 often as necessary, information regarding their qualifications
10-18 under this chapter and their responsibilities under applicable laws
10-19 relating to standards of conduct for state officers or employees.
10-20 (b) The board shall employ an executive director, and the
10-21 executive director shall establish necessary administrative units,
10-22 and hire other necessary employees.
10-23 (c) Utilizing established standards, the board shall
10-24 evaluate the performance of the executive director annually.
10-25 (d) The executive director or the executive director's
10-26 designee shall develop an intra-agency career ladder program.
10-27 Employees will be notified of all available positions. When
11-1 appropriate, postings will be made available to council employees
11-2 before public posting.
11-3 (e) The executive director or the executive director's
11-4 designee shall develop a system of annual performance evaluations
11-5 based on measurable job tasks. All merit pay for council employees
11-6 must be based on the system established under this subsection.
11-7 (f) The executive director or the executive director's
11-8 designee shall prepare and maintain a written policy statement to
11-9 assure implementation of a program of equal employment opportunity
11-10 under which all personnel transactions are made without regard to
11-11 race, color, handicap, sex, religion, age, or national origin. The
11-12 policy statement must include:
11-13 (1) personnel policies, including policies relating to
11-14 recruitment, evaluation, selection, appointment, training, and
11-15 promotion of personnel;
11-16 (2) a comprehensive analysis of the agency workforce
11-17 that meets federal and state guidelines; and
11-18 (3) procedures by which a determination can be made of
11-19 significant underutilization in the council's workforce of all
11-20 persons for whom federal or state guidelines encourage a more
11-21 equitable balance and reasonable methods to appropriately address
11-22 those areas of significant underutilization.
11-23 (g) The policy statement prepared under Subsection (f) must:
11-24 (1) cover an annual period;
11-25 (2) be updated at least annually; and
11-26 (3) be filed with the governor.
11-27 SECTION 11. Section 73.006, Human Resources Code, is amended
12-1 to read as follows:
12-2 Sec. 73.006. REIMBURSEMENT FOR EXPENSES [AND STAFF SUPPORT].
12-3 (a) Agency members on and representatives to [on] the board and
12-4 the advisory committee, if any, [council] are entitled to
12-5 reimbursement for expenses incurred in the performance of their
12-6 [council] duties by the appointing agencies in accordance with the
12-7 travel provisions for state employees in the General Appropriations
12-8 Act.
12-9 (b) The lay members of the board [described by Section
12-10 73.002(a)] and advisory committee [members] are entitled to
12-11 reimbursement [from the council] for reasonable [actual] and
12-12 necessary expenses incurred in the performance of board or advisory
12-13 committee [council] duties, including reimbursement for child care
12-14 [or attendant care].
12-15 (c) [(b)] The member agencies and other agencies represented
12-16 on the board [council] shall provide staff support to the council
12-17 as needed. The agencies may provide staff support to the
12-18 committee.
12-19 (d) A board member, nonvoting representative to the board,
12-20 or advisory committee member who is disabled, and who, because of
12-21 the disability, requires attendant care to perform the person's
12-22 duties, is entitled to reimbursement for the cost of the attendant
12-23 [(c) The council shall select and employ:]
12-24 [(1) an early childhood intervention administrator
12-25 with the approval of the governor; and]
12-26 [(2) other personnel necessary for the administration
12-27 of the council's duties].
13-1 SECTION 12. Section 73.007, Human Resources Code, is amended
13-2 to read as follows:
13-3 Sec. 73.007. PUBLIC AWARENESS AND TRAINING. The council
13-4 shall develop and implement:
13-5 (1) a general public awareness strategy focusing on
13-6 the importance of prenatal care and early identification
13-7 [detection] of infants and toddlers with developmental delay and
13-8 the availability of [state] resources to meet their [the] needs [of
13-9 developmentally delayed children under six years of age]; and
13-10 (2) a statewide plan for conducting [regional]
13-11 training and technical assistance [sessions] for [public and
13-12 private] service providers, primary referral sources, and families
13-13 [who have routine contact] with children under three [six] years of
13-14 age with [that focuses on methods for early detection of]
13-15 developmental delay.
13-16 SECTION 13. Section 73.008, Human Resources Code, is amended
13-17 to read as follows:
13-18 Sec. 73.008. Early Identification Strategy. (a) The
13-19 council shall develop and implement a statewide strategy for:
13-20 (1) the early identification of [developmentally
13-21 delayed] children under three [six] years of age with developmental
13-22 delay; and
13-23 (2) the coordination of programs with[, utilizing
13-24 information from] other agencies serving [handicapped] children
13-25 with developmental delay.
13-26 (b) The strategy must include plans to:
13-27 (1) incorporate, strengthen, and expand similar
14-1 existing local efforts;
14-2 (2) incorporate and coordinate screening services
14-3 currently provided through a public agency; and
14-4 (3) establish a liaison with primary referral sources,
14-5 including hospitals, physicians, public health facilities, and
14-6 day-care facilities, to encourage referrals of [developmentally
14-7 delayed] children with developmental delay.
14-8 SECTION 14. Section 73.009(a), Human Resources Code, is
14-9 amended to read as follows:
14-10 (a) The council shall establish policies concerning services
14-11 described by this section. A child under three [six] years of age
14-12 and the child's family may be referred for services described by
14-13 this section if the child is:
14-14 (1) identified as developmentally delayed;
14-15 (2) suspected of being developmentally delayed; or
14-16 (3) considered at risk of developmental delay [because
14-17 of certain biological or environmental factors].
14-18 SECTION 15. Section 73.010, Human Resources Code, is amended
14-19 to read as follows:
14-20 Sec. 73.010. Eligibility for Services. [(a)] A
14-21 [developmentally delayed] child is eligible for services under this
14-22 chapter if the child:
14-23 (1) is under three years of age; and
14-24 (2) is documented as having developmental delay or has
14-25 a medically diagnosed physical or mental condition that has a high
14-26 probability of resulting in developmental delay [has not reached
14-27 the age of eligibility for entry into the comprehensive special
15-1 education program for handicapped children under Section 21.501,
15-2 Education Code; or]
15-3 [(3) is under three years of age and is an eligible
15-4 child authorized under Section 11.052(a) and Section 11.10(o),
15-5 Education Code.]
15-6 [(b) The council may charge fees for services provided under
15-7 this chapter].
15-8 SECTION 16. Section 73.022, Human Resources Code, is amended
15-9 to read as follows:
15-10 Sec. 73.022. FINANCES. (a) The council shall:
15-11 (1) ensure compliance with requirements necessary to
15-12 obtain federal funds in the maximum amount and the most
15-13 advantageous proportions possible;
15-14 (2) apply for, receive, administer, and spend federal
15-15 and state funds for Subchapter VIII, Individuals with Disabilities
15-16 Education Act (IDEA) (20 U.S.C. Section 1471 et seq.), and its
15-17 subsequent amendments, dealing with infants and toddlers from birth
15-18 to age three with developmental delay and their families; and
15-19 (3) authorize and account for the classification and
15-20 spending of maintenance of effort and carryover funds from all
15-21 sources in carrying out the programs funded under this chapter.
15-22 (b) All money paid to the council under this chapter shall
15-23 be deposited in the state treasury and may be used only for the
15-24 administration of this chapter.
15-25 (c) The financial transactions of the council are subject to
15-26 audit by the state auditor in accordance with Chapter 321,
15-27 Government Code.
16-1 (d) The executive director shall prepare and submit to the
16-2 board for approval a biennial budget and request for an
16-3 appropriation by the legislature of funds necessary to carry out
16-4 the duties of the council. The budget and request must include an
16-5 estimate of all federal funds to be allocated to the state for the
16-6 performance of the council's duties.
16-7 (e) The council shall submit the budget and appropriations
16-8 request to the Legislative Budget Board and the governor in the
16-9 manner prescribed by law.
16-10 (f) The council shall annually file with the governor and
16-11 the presiding officer of each house of the legislature a complete
16-12 and detailed written report accounting for all funds received and
16-13 disbursed by the council during the preceding year in accordance
16-14 with the General Appropriations Act [Federally Funded Programs][.
16-15 (a) The Central Education Agency may not impose requirements on an
16-16 early childhood intervention program that receives funds under the
16-17 Elementary and Secondary Education Act of 1965 (20 U.S.C. Section
16-18 2701 et seq.) that are not requirements under federal law or under
16-19 this chapter.]
16-20 [(b) The Central Education Agency shall coordinate
16-21 monitoring required by federal law for early childhood intervention
16-22 programs with the program monitoring required by this chapter to
16-23 the extent possible].
16-24 SECTION 17. Chapter 73, Human Resources Code, is amended by
16-25 adding Section 73.023 to read as follows:
16-26 Sec. 73.023. APPLICATION OF SUNSET ACT. The Interagency
16-27 Council on Early Childhood Intervention is subject to Chapter 325,
17-1 Government Code (Texas Sunset Act). Unless continued in existence
17-2 as provided by that chapter, the council is abolished on September
17-3 1, 2003.
17-4 SECTION 18. Chapter 73, Human Resources Code, is amended by
17-5 adding Section 73.024 to read as follows:
17-6 Sec. 73.024. OPEN MEETINGS; OPEN RECORDS; ADMINISTRATIVE
17-7 PROCEDURE. The board, council, and advisory committee are subject
17-8 to the requirements of the open meetings law, Chapter 551,
17-9 Government Code, the open records law, Chapter 552, Government
17-10 Code, and Chapter 2001, Government Code.
17-11 SECTION 19. Subchapter F, Chapter 411, Government Code, is
17-12 amended by adding Section 411.132 to read as follows:
17-13 Sec. 411.132. ACCESS TO CRIMINAL HISTORY RECORD
17-14 INFORMATION: INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION.
17-15 (a) The Interagency Council on Early Childhood Intervention is
17-16 entitled to obtain criminal history record information maintained
17-17 by the Department of Public Safety, the Federal Bureau of
17-18 Investigation identification division, or another law enforcement
17-19 agency that relates to an employee, applicant for permanent,
17-20 temporary, or consultative employment, or volunteer positions whose
17-21 employment or potential employment or volunteer position with the
17-22 council or a local provider involves the delivery of early
17-23 childhood intervention services or involves direct interactions
17-24 with or the opportunity to interact and associate with children.
17-25 (b) Criminal history record information obtained by the
17-26 council under Subsection (a) may not be released or disclosed to
17-27 any person except on court order, with the consent of the person
18-1 who is the subject of the criminal history record information, or
18-2 as provided by Subsection (d).
18-3 (c) The council shall destroy criminal history record
18-4 information that relates to a person after the information is used
18-5 for its authorized purpose.
18-6 (d) The council may provide the applicant, employee,
18-7 professional consultant, or volunteer with a copy of the person's
18-8 criminal history record information obtained from the Department of
18-9 Public Safety, Federal Bureau of Investigation identification
18-10 division, or another law enforcement agency.
18-11 (e) The failure or refusal to provide a complete set of
18-12 fingerprints or a complete name on request constitutes good cause
18-13 for dismissal or refusal to hire, as applicable, with regard to
18-14 council employees, professional consultants, and applicants for
18-15 permanent, temporary, or consultative employment, or volunteer
18-16 positions whose employment or potential employment or volunteer
18-17 position with the council or a local provider involves the delivery
18-18 of early childhood intervention services or involves direct
18-19 interactions with or the opportunity to interact and associate with
18-20 children.
18-21 SECTION 20. Sections 73.011 through 73.021, Human Resources
18-22 Code, are repealed.
18-23 SECTION 21. (a) As soon as possible after the effective
18-24 date of this Act, the governor shall appoint the six lay members of
18-25 the board of the Interagency Council on Early Childhood
18-26 Intervention in accordance with Section 73.002, Human Resources
18-27 Code, as amended by this Act, with two members' terms expiring
19-1 February 1, 1999, two members' terms expiring February 1, 2001, and
19-2 two members' terms expiring February 1, 2003.
19-3 (b) As soon as possible after the effective date of this
19-4 Act, the commissioner of public health, the commissioner of mental
19-5 health and mental retardation, and the commissioner of education
19-6 shall each appoint one member to the board of the Interagency
19-7 Council on Early Childhood Intervention. At the first board
19-8 meeting after the members are appointed under this subsection, the
19-9 three members shall decide by lot the term of each member, with one
19-10 member's term expiring February 1, 1999, one member's term expiring
19-11 February 1, 2001, and one member's term expiring February 1, 2003.
19-12 (c) As soon as possible after the effective date of this
19-13 Act, the executive director or commissioner of the agencies listed
19-14 in Section 73.002(b), Human Resources Code, as amended by this Act,
19-15 shall appoint representatives required by that section.
19-16 (d) Until all members of the board of the Interagency
19-17 Council on Early Childhood Intervention are appointed and are
19-18 qualified to take office as required by this Act, a majority of the
19-19 members who are qualified to serve on the board constitutes a
19-20 quorum of the board, so long as at least four are qualified.
19-21 (e) The term of a member of the council of the Interagency
19-22 Council on Early Childhood Intervention, as the council existed
19-23 immediately before the effective date of this Act, expires and the
19-24 member's position is abolished on the date on which a majority of
19-25 the members of the board of the Interagency Council on Early
19-26 Childhood Intervention are appointed and are qualified to take
19-27 office.
20-1 SECTION 22. This Act takes effect September 1, 1997.
20-2 SECTION 23. The importance of this legislation and the
20-3 crowded condition of the calendars in both houses create an
20-4 emergency and an imperative public necessity that the
20-5 constitutional rule requiring bills to be read on three several
20-6 days in each house be suspended, and this rule is hereby suspended.