1-1           By:  Zaffirini                                   S.B. No. 305

 1-2           (In the Senate - Filed January 27, 1997; January 29, 1997,

 1-3     read first time and referred to Committee on Health and Human

 1-4     Services; February 12, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 11, Nays 0;

 1-6     February 12, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 305                By:  Zaffirini

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the Interagency Council on Early Childhood

1-11     Intervention.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 73.001, Human Resources Code, is amended

1-14     to read as follows:

1-15           Sec. 73.001.  DEFINITIONS.  In this chapter:

1-16                 (1)  "Board" means the board of the Interagency Council

1-17     on Early Childhood Intervention.

1-18                 (2)  "Council" means the Interagency Council on Early

1-19     Childhood Intervention [Services].

1-20                 (3)  "Developmental delay" [(2)  "Developmentally

1-21     delayed child"] means a significant variation [child who is

1-22     determined by an interdisciplinary team to exhibit:]

1-23                       [(A)  a significant delay, beyond acceptable

1-24     variations] in normal development as measured by appropriate

1-25     diagnostic instruments and procedures, in one or more of the

1-26     following areas:

1-27                       (A) [(i)]  cognitive development;

1-28                       (B)  physical development [(ii)  gross or fine

1-29     motor];

1-30                       (C)  communication development [(iii)  language

1-31     or speech];

1-32                       (D) [(iv)]  social or emotional development; or

1-33                       (E)  adaptive development [(v)  self-help skills;

1-34     or]

1-35                       [(B)  an organic defect or a condition that is

1-36     very likely to result in a delay in one or more of those

1-37     capabilities or skills].

1-38           SECTION 2.  Section 73.002, Human Resources Code, is amended

1-39     to read as follows:

1-40           Sec. 73.002.  BOARD [INTERAGENCY COUNCIL].  (a)  The council

1-41     is governed by a board composed of nine [three] lay members who are

1-42     the family members [parents] of [developmentally delayed] children

1-43     with developmental delay, appointed by the governor with the advice

1-44     and consent of the senate.

1-45           (b)  In addition to the members appointed under Subsection

1-46     (a), nonvoting representatives shall be appointed by the

1-47     commissioner or executive head of the following agencies to

1-48     actively participate in board deliberations and advise the board on

1-49     the appointing agency's perspective and concerns regarding the

1-50     early childhood intervention program:

1-51                 (1)  the Texas Department of Health;

1-52                 (2)  the Texas Department of Mental Health and Mental

1-53     Retardation;

1-54                 (3)  the Texas Education Agency;

1-55                 (4)  the Texas Commission on Alcohol and Drug Abuse;

1-56                 (5)  the Texas Department of Human Services;

1-57                 (6)  the Department of Protective and Regulatory

1-58     Services; and

1-59                 (7)  the Texas Workforce Commission.

1-60           (c)  Five of the lay members of the board must be the parents

1-61     of children who are receiving or have received early childhood

1-62     intervention services.  Each state [and one representative each

1-63     from the Texas Department of Health, the Texas Department of Mental

1-64     Health and Mental Retardation, the Texas Department of Human

 2-1     Services, the Central Education Agency, the Department of

 2-2     Protective and Regulatory Services, and the Texas Commission on

 2-3     Alcohol and Drug Abuse.  The governor with the advice and consent

 2-4     of the senate shall appoint the lay members, and the commissioner,

 2-5     director, or executive director of each agency shall appoint that

 2-6     agency's representative.  The] agency representative appointed

 2-7     under Subsection (b) must have [should be a person in the agency

 2-8     with] administrative responsibility in the agency represented by

 2-9     the representative for [the supervision of] early childhood

2-10     intervention [support staff] or related services and must have

2-11     authority to make decisions and commit resources on behalf of the

2-12     appointing agency.

2-13           (d) [(b)]  Members of the board [council] appointed under

2-14     Subsection (a) serve for staggered six-year terms, with the terms

2-15     of three members expiring February 1 of each odd-numbered year.

2-16     The representatives to the board appointed under Subsection (b)

2-17     serve as nonvoting participants and serve at the will of the

2-18     appointing authority.  If a representative [member] appointed by a

2-19     state agency under Subsection (b) terminates employment with the

2-20     agency, the representative's [member's] position becomes vacant on

2-21     the date of termination.

2-22           (e) [(c)]  The members of the board [council] shall

2-23     [annually] elect one member to serve as the presiding officer and

2-24     one member to serve as assistant presiding officer.  Officers shall

2-25     serve a two-year term [chairperson].

2-26           (f) [(d)]  The board [council] shall meet at least quarterly

2-27     and shall adopt rules for the conduct of its meetings.

2-28           (g) [(e)]  Any action taken by the board [council] must be

2-29     approved by a majority vote of the members present.

2-30           (h) [(f)]  The board [council] shall establish regulations,

2-31     policies, and procedures [a policy] for carrying out the council's

2-32     [its] duties under this chapter.

2-33           (i) [(g)]  The board [council] shall develop a method for

2-34     responding to [programs funded under this chapter to respond to

2-35     individual] complaints regarding services provided by the council

2-36     [program].

2-37           SECTION 3.  Chapter 73, Human Resources Code, is amended by

2-38     adding Section 73.0021 to read as follows:

2-39           Sec. 73.0021.  ELIGIBILITY REQUIREMENT FOR BOARD MEMBERSHIP.

2-40     (a)  Appointments to the board shall be made without regard to

2-41     race, color, disability, sex, religion, age, or national origin.

2-42           (b)  A person is not eligible for appointment as a board

2-43     member if:

2-44                 (1)  the person does not meet the eligibility

2-45     requirements under Section 73.002;

2-46                 (2)  the person or the person's spouse is an officer of

2-47     an agency or paid counsel of an organization with which the council

2-48     engages in a contractual relationship; or

2-49                 (3)  the person is required to register as a lobbyist

2-50     under Chapter 305, Government Code, because of the person's

2-51     activities on behalf of a profession or organization related to

2-52     council functions.

2-53           SECTION 4.  Chapter 73, Human Resources Code, is amended by

2-54     adding Section 73.0022 to read as follows:

2-55           Sec. 73.0022.  REMOVAL OF BOARD MEMBERS.  (a)  It is a ground

2-56     for removal from the board if a member:

2-57                 (1)  is not eligible for appointment to the board under

2-58     Section 73.002;

2-59                 (2)  does not maintain during service on the board the

2-60     qualifications required by Section 73.002;

2-61                 (3)  has or develops an interest that conflicts or

2-62     appears to conflict with the member's position on the board;

2-63                 (4)  cannot discharge the member's duties for a

2-64     substantial part of the term for which the member is appointed

2-65     because of illness or disability; or

2-66                 (5)  is absent for more than half of the regularly

2-67     scheduled board meetings that the member is eligible to attend

2-68     during a calendar year unless the absences are excused by a

2-69     majority vote of the board.

 3-1           (b)  The validity of an action of the board is not affected

 3-2     by the fact that it was taken when grounds for removal of a board

 3-3     member existed.

 3-4           (c)  If the executive director of the council has knowledge

 3-5     that a potential ground for removal exists, the executive director

 3-6     shall notify the presiding officer of the board.  The presiding

 3-7     officer shall then notify the governor of the potential removal and

 3-8     the cause for the potential removal action.

 3-9           (d)  If a board member is removed for cause, the governor

3-10     shall make a subsequent appointment for the remainder of that board

3-11     member's term.

3-12           SECTION 5.  Section 73.003, Human Resources Code, is amended

3-13     to read as follows:

3-14           Sec. 73.003.  STRATEGIC [STATE] PLAN.  [(a)]  The council

3-15     shall develop and implement a strategic [state] plan for a

3-16     statewide system of early childhood intervention services, as

3-17     required by Subchapter VIII, Individuals with Disabilities

3-18     Education Act (IDEA) (20 U.S.C. Section 1471 et seq.), and its

3-19     subsequent amendments, to ensure that[:]

3-20                 [(1)]  the provisions of this chapter are properly

3-21     implemented by the agencies affected[;]

3-22                 [(2)  child and family needs are assessed statewide and

3-23     all available resources are coordinated to meet those needs;]

3-24                 [(3)  manpower needs are assessed statewide and

3-25     strategies are developed to meet those needs;]

3-26                 [(4)  incentives are offered for private sources to

3-27     maintain present commitments and to assist in developing new

3-28     programs; and]

3-29                 [(5)  a procedure for review of individual complaints

3-30     about services provided under this chapter is implemented].

3-31           [(b)  The council shall make written recommendations for the

3-32     carrying out of its duties under this chapter.  If the council

3-33     considers a recommendation that will affect an agency not

3-34     represented on the council, the council shall seek the advice and

3-35     assistance of the agency before taking action on the

3-36     recommendation.  The council's recommendations shall be implemented

3-37     by the agencies affected by the recommendations.]

3-38           SECTION 6.  Section 73.004, Human Resources Code, is amended

3-39     by amending Subsection (b) and adding Subsection (c) to read as

3-40     follows:

3-41           (b)  The committee shall meet and serve under the rules of

3-42     the board [council], but the committee shall elect its own

3-43     presiding officer [chairperson].  The committee may be divided into

3-44     regional committees to assist the council in community-level

3-45     program planning and implementation.

3-46           (c)  The advisory committee is not subject to Article

3-47     6252-33, Revised Statutes.

3-48           SECTION 7.  Chapter 73, Human Resources Code, is amended by

3-49     adding Section 73.0041 to read as follows:

3-50           Sec. 73.0041.  ADVISORY COMMITTEE DUTIES.  The advisory

3-51     committee established under Section 73.004 shall perform the duties

3-52     and responsibilities required of an advisory committee under

3-53     Subchapter VIII, Individuals with Disabilities Education Act (IDEA)

3-54     (20 U.S.C. Section 1471 et seq.), and its subsequent amendments.

3-55           SECTION 8.  Section 73.005, Human Resources Code, is amended

3-56     to read as follows:

3-57           Sec. 73.005.  BOARD POWERS AND DUTIES.  (a)  The board

3-58     [council] with the advice of the advisory committee shall address

3-59     contemporary issues affecting intervention services in the state

3-60     including:

3-61                 (1)  successful intervention strategies;

3-62                 (2)  personnel preparation and continuing education;

3-63                 (3)  screening services;

3-64                 (4)  day or respite care services;

3-65                 (5)  public awareness; and

3-66                 (6)  contemporary research.

3-67           (b)  The board [council] with the advice of the advisory

3-68     committee shall advise the legislature on legislation that is

3-69     needed [to develop further and] to maintain a statewide system of

 4-1     quality intervention services for [all developmentally delayed]

 4-2     children with developmental delay who are under three years of age

 4-3     and the families of those children.  The council may develop and

 4-4     submit legislation to the legislature or comment on pending

 4-5     legislation that affects this population.

 4-6           SECTION 9.  Chapter 73, Human Resources Code, is amended by

 4-7     adding Section 73.0051 to read as follows:

 4-8           Sec. 73.0051.  POWERS AND DUTIES OF COUNCIL.  (a)  The

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

4-10     Subchapter VIII, Individuals with Disabilities Education Act (IDEA)

4-11     (20 U.S.C. Section 1471 et seq.), and its subsequent amendments for

4-12     the administration, supervision, and monitoring of a statewide

4-13     comprehensive system of early intervention services that will

4-14     ensure that all infants and toddlers in this state who are below

4-15     the age of three and have developmental needs or are at risk of

4-16     developmental delay receive services that are provided in

4-17     partnership with their families and in the context of their local

4-18     community.

4-19           (b)  The council by rule shall:

4-20                 (1)  provide for compliance with the terms and

4-21     provisions of applicable federal and state laws in the

4-22     administration of programs and the delivery of services under this

4-23     chapter;

4-24                 (2)  establish a program to monitor fiscal and program

4-25     implementation; and

4-26                 (3)  establish appropriate sanctions for providers who

4-27     fail to comply with statutory and regulatory fiscal and program

4-28     requirements.

4-29           (c)  The council may enter into, administer, and monitor

4-30     contracts with providers for programs and projects authorized under

4-31     this chapter.

4-32           (d)  The council shall periodically monitor program

4-33     activities and fiscal performance of the entities funded under this

4-34     chapter to determine compliance with federal and state requirements

4-35     and issue reports regarding program monitoring.

4-36           (e)  The council may apply for and accept gifts, grants, and

4-37     donations from public and private sources for use in programs

4-38     authorized under this chapter. The council shall deposit money

4-39     received under this section into the state treasury.

4-40           (f)  The council shall cooperate with the Health and Human

4-41     Services Commission and other local, state, and federal agencies in

4-42     the strategic planning, funding, delivery, and monitoring of

4-43     services authorized under this chapter.

4-44           (g)  The council shall make periodic reports as required by

4-45     law to other agencies, the legislature, appropriate committees, the

4-46     governor, and the Secretary of the United States Department of

4-47     Education.

4-48           (h)  The council shall ensure that all programs and council

4-49     functions are conducted in a nondiscriminatory manner.

4-50           SECTION 10.  Chapter 73, Human Resources Code, is amended by

4-51     adding Section 73.0052 to read as follows:

4-52           Sec. 73.0052.  PERSONNEL MATTERS.  (a)  The board shall

4-53     provide to its members and to the employees of the council, as

4-54     often as necessary, information regarding their qualifications

4-55     under this chapter and their responsibilities under applicable laws

4-56     relating to standards of conduct for state officers or employees.

4-57           (b)  The board shall employ an executive director, and the

4-58     executive director shall establish necessary administrative units,

4-59     and hire other necessary employees.

4-60           (c)  Utilizing established standards, the board shall

4-61     evaluate the performance of the executive director annually.

4-62           (d)  The executive director or the executive director's

4-63     designee shall develop an intra-agency career ladder program.

4-64     Employees will be notified of all available positions.  When

4-65     appropriate, postings will be made available to council employees

4-66     before public posting.

4-67           (e)  The executive director or the executive director's

4-68     designee shall develop a system of annual performance evaluations

4-69     based on measurable job tasks.  All merit pay for council employees

 5-1     must be based on the system established under this subsection.

 5-2           (f)  The executive director or the executive director's

 5-3     designee shall prepare and maintain a written policy statement to

 5-4     assure implementation of a program of equal employment opportunity

 5-5     under which all personnel transactions are made without regard to

 5-6     race, color, handicap, sex, religion, age, or national origin.  The

 5-7     policy statement must include:

 5-8                 (1)  personnel policies, including policies relating to

 5-9     recruitment, evaluation, selection, appointment, training, and

5-10     promotion of personnel;

5-11                 (2)  a comprehensive analysis of the agency workforce

5-12     that meets federal and state guidelines; and

5-13                 (3)  procedures by which a determination can be made of

5-14     significant underutilization in the council's workforce of all

5-15     persons for whom federal or state guidelines encourage a more

5-16     equitable balance and reasonable methods to appropriately address

5-17     those areas of significant underutilization.

5-18           (g)  The policy statement prepared under Subsection (f) must:

5-19                 (1)  cover an annual period;

5-20                 (2)  be updated at least annually; and

5-21                 (3)  be filed with the governor.

5-22           SECTION 11.  Section 73.006, Human Resources Code, is amended

5-23     to read as follows:

5-24           Sec. 73.006.  REIMBURSEMENT FOR EXPENSES [AND STAFF SUPPORT].

5-25     (a)  Agency representatives to [on] the board and the advisory

5-26     committee, if any, [council] are entitled to reimbursement for

5-27     expenses incurred in the performance of their [council] duties by

5-28     the appointing agencies in accordance with the travel provisions

5-29     for state employees in the General Appropriations Act.

5-30           (b)  The lay members of the board [described by Section

5-31     73.002(a)] and advisory committee [members] are entitled to

5-32     reimbursement [from the council] for reasonable [actual] and

5-33     necessary expenses incurred in the performance of board or advisory

5-34     committee [council] duties, including reimbursement for child care

5-35     [or attendant care].

5-36           (c) [(b)]  The agencies that have representatives

5-37     [represented] on the board [council] shall provide staff support to

5-38     the council as needed.  The agencies may provide staff support to

5-39     the committee.

5-40           (d)  A board member, a nonvoting representative to the board,

5-41     or an advisory committee member who is disabled and who, because of

5-42     the disability, requires attendant care to perform the person's

5-43     duties is entitled to reimbursement for the cost of the attendant

5-44     care.

5-45           [(c)  The council shall select and employ:]

5-46                 [(1)  an early childhood intervention administrator

5-47     with the approval of the governor; and]

5-48                 [(2)  other personnel necessary for the administration

5-49     of the council's duties.]

5-50           SECTION 12.  Section 73.007, Human Resources Code, is amended

5-51     to read as follows:

5-52           Sec. 73.007.  PUBLIC AWARENESS AND TRAINING.  The council

5-53     shall develop and implement:

5-54                 (1)  a general public awareness strategy focusing on

5-55     the importance of prenatal care and early identification

5-56     [detection] of infants and toddlers with developmental delay and

5-57     the availability of [state] resources to meet their [the] needs [of

5-58     developmentally delayed children under six years of age]; and

5-59                 (2)  a statewide plan for conducting [regional]

5-60     training and technical assistance [sessions] for [public and

5-61     private] service providers, primary referral sources, and families

5-62     [who have routine contact] with children under three [six] years of

5-63     age with [that focuses on methods for early detection of]

5-64     developmental delay.

5-65           SECTION 13.  Section 73.008, Human Resources Code, is amended

5-66     to read as follows:

5-67           Sec. 73.008.  Early Identification Strategy.  (a)  The

5-68     council shall develop and implement a statewide strategy for:

5-69                 (1)  the early identification of [developmentally

 6-1     delayed] children under three [six] years of age with developmental

 6-2     delay; and

 6-3                 (2)  the coordination of programs with[, utilizing

 6-4     information from] other agencies serving [handicapped] children

 6-5     with developmental delay.

 6-6           (b)  The strategy must include plans to:

 6-7                 (1)  incorporate, strengthen, and expand similar

 6-8     existing local efforts;

 6-9                 (2)  incorporate and coordinate screening services

6-10     currently provided through a public agency; and

6-11                 (3)  establish a liaison with primary referral sources,

6-12     including hospitals, physicians, public health facilities, and

6-13     day-care facilities, to encourage referrals of [developmentally

6-14     delayed] children with developmental delay.

6-15           SECTION 14.  Subsection (a), Section 73.009, Human Resources

6-16     Code, is amended to read as follows:

6-17           (a)  The council shall establish policies concerning services

6-18     described by this section.  A child under three [six] years of age

6-19     and the child's family may be referred for services described by

6-20     this section if the child is:

6-21                 (1)  identified as developmentally delayed;

6-22                 (2)  suspected of being developmentally delayed; or

6-23                 (3)  considered at risk of developmental delay [because

6-24     of certain biological or environmental factors].

6-25           SECTION 15.  Section 73.010, Human Resources Code, is amended

6-26     to read as follows:

6-27           Sec. 73.010.  Eligibility for Services.  [(a)]  A

6-28     [developmentally delayed] child is eligible for services under this

6-29     chapter if the child:

6-30                 (1)  is under three years of age; and

6-31                 (2)  is documented as having developmental delay or has

6-32     a medically diagnosed physical or mental condition that has a high

6-33     probability of resulting in developmental delay [has not reached

6-34     the age of eligibility for entry into the comprehensive special

6-35     education program for handicapped children under Section 21.501,

6-36     Education Code; or]

6-37                 [(3)  is under three years of age and is an eligible

6-38     child authorized under Section 11.052(a) and Section 11.10(o),

6-39     Education Code.]

6-40           [(b)  The council may charge fees for services provided under

6-41     this chapter].

6-42           SECTION 16.  Section 73.022, Human Resources Code, is amended

6-43     to read as follows:

6-44           Sec. 73.022.  FINANCES.  (a)  The council shall:

6-45                 (1)  ensure compliance with requirements necessary to

6-46     obtain federal funds in the maximum amount and the most

6-47     advantageous proportions possible;

6-48                 (2)  apply for, receive, administer, and spend federal

6-49     and state funds for Subchapter VIII, Individuals with Disabilities

6-50     Education Act (IDEA) (20 U.S.C. Section 1471 et seq.), and its

6-51     subsequent amendments, dealing with infants and toddlers from birth

6-52     to age three with developmental delay and their families; and

6-53                 (3)  authorize and account for the classification and

6-54     spending of maintenance of effort and carryover funds from all

6-55     sources in carrying out the programs funded under this chapter.

6-56           (b)  All money paid to the council under this chapter shall

6-57     be deposited in the state treasury and may be used only for the

6-58     administration of this chapter.

6-59           (c)  The financial transactions of the council are subject to

6-60     audit by the state auditor in accordance with Chapter 321,

6-61     Government Code.

6-62           (d)  The executive director shall prepare and submit to the

6-63     board for approval a biennial budget and request for an

6-64     appropriation by the legislature of funds necessary to carry out

6-65     the duties of the council.  The budget and request must include an

6-66     estimate of all federal funds to be allocated to the state for the

6-67     performance of the council's duties.

6-68           (e)  The council shall submit the budget and appropriations

6-69     request to the Legislative Budget Board and the governor in the

 7-1     manner prescribed by law.

 7-2           (f)  The council shall annually file with the governor and

 7-3     the presiding officer of each house of the legislature a complete

 7-4     and detailed written report accounting for all funds received and

 7-5     disbursed by the council during the preceding year in accordance

 7-6     with the General Appropriations Act [Federally Funded Programs][.

 7-7     (a)  The Central Education Agency may not impose requirements on an

 7-8     early childhood intervention program that receives funds under the

 7-9     Elementary and Secondary Education Act of 1965 (20 U.S.C. Section

7-10     2701 et seq.) that are not requirements under federal law or under

7-11     this chapter.]

7-12           [(b)  The Central Education Agency shall coordinate

7-13     monitoring required by federal law for early childhood intervention

7-14     programs with the program monitoring required by this chapter to

7-15     the extent possible].

7-16           SECTION 17.  Chapter 73, Human Resources Code, is amended by

7-17     adding Section 73.023 to read as follows:

7-18           Sec. 73.023.  APPLICATION OF SUNSET ACT.  The Interagency

7-19     Council on Early Childhood Intervention is subject to Chapter 325,

7-20     Government Code (Texas Sunset Act).  Unless continued in existence

7-21     as provided by that chapter, the council is abolished on September

7-22     1, 2003.

7-23           SECTION 18.  Chapter 73, Human Resources Code, is amended by

7-24     adding Section 73.024 to read as follows:

7-25           Sec. 73.024.  OPEN MEETINGS; OPEN RECORDS; ADMINISTRATIVE

7-26     PROCEDURE.  The board, council, and advisory committee are subject

7-27     to the requirements of the open meetings law, Chapter 551,

7-28     Government Code, the open records law, Chapter 552, Government

7-29     Code, and Chapter 2001, Government Code.

7-30           SECTION 19.  Subchapter F, Chapter 411, Government Code, is

7-31     amended by adding Section 411.132 to read as follows:

7-32           Sec. 411.132.  ACCESS TO CRIMINAL HISTORY RECORD

7-33     INFORMATION:  INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION.

7-34     (a)  The Interagency Council on Early Childhood Intervention is

7-35     entitled to obtain criminal history record information maintained

7-36     by the Department of Public Safety, the Federal Bureau of

7-37     Investigation identification division, or another law enforcement

7-38     agency that relates to an employee or an applicant for permanent,

7-39     temporary, or consultative employment or for volunteer positions

7-40     whose employment or potential employment or volunteer position with

7-41     the council or a local provider involves the delivery of early

7-42     childhood intervention services or involves direct interactions

7-43     with or the opportunity to interact and associate with children.

7-44           (b)  Criminal history record information obtained by the

7-45     council under Subsection (a) may not be released or disclosed to

7-46     any person except on court order, with the consent of the person

7-47     who is the subject of the criminal history record information, or

7-48     as provided by Subsection (d).

7-49           (c)  The council shall destroy criminal history record

7-50     information that relates to a person after the information is used

7-51     for its authorized purpose.

7-52           (d)  The council may provide the applicant, employee,

7-53     professional consultant, or volunteer with a copy of the person's

7-54     criminal history record information obtained from the Department of

7-55     Public Safety, Federal Bureau of Investigation identification

7-56     division, or another law enforcement agency.

7-57           (e)  The failure or refusal to provide a complete set of

7-58     fingerprints or a complete name on request constitutes good cause

7-59     for dismissal or refusal to hire, as applicable, with regard to

7-60     council employees, professional consultants, and applicants for

7-61     permanent, temporary, or consultative employment or for volunteer

7-62     positions whose employment or potential employment or volunteer

7-63     position with the council or a local provider involves the delivery

7-64     of early childhood intervention services or involves direct

7-65     interactions with or the opportunity to interact and associate with

7-66     children.

7-67           SECTION 20.  Sections 73.011 through 73.021,  Human Resources

7-68     Code, are repealed.

7-69           SECTION 21.  (a)  As soon as possible after the effective

 8-1     date of this Act, the governor shall appoint the nine lay members

 8-2     of the board of the Interagency Council on Early Childhood

 8-3     Intervention in accordance with Section 73.002, Human Resources

 8-4     Code, as amended by this Act, with three members' terms expiring

 8-5     February 1, 1999, three members' terms expiring February 1, 2001,

 8-6     and three members' terms expiring February 1, 2003.

 8-7           (b)  As soon as possible after the effective date of this

 8-8     Act, the executive director or commissioner of the agencies listed

 8-9     in Subsection (b), Section 73.002, Human Resources Code, as amended

8-10     by this Act, shall appoint representatives required by that

8-11     subsection.

8-12           (c)  Until all members of the board of the Interagency

8-13     Council on Early Childhood Intervention are appointed and are

8-14     qualified to take office as required by this Act, a majority of the

8-15     members who are qualified to serve on the board constitutes a

8-16     quorum of the board, so long as at least four are qualified.

8-17           (d)  The term of a member of the council of the Interagency

8-18     Council on Early Childhood Intervention, as the council existed

8-19     immediately before the effective date of this Act, expires and the

8-20     member's position is abolished on the date on which a majority of

8-21     the members of the board of the Interagency Council on Early

8-22     Childhood Intervention are appointed and are qualified to take

8-23     office.

8-24           SECTION 22.  This Act takes effect September 1, 1997.

8-25           SECTION 23.  The importance of this legislation and the

8-26     crowded condition of the calendars in both houses create an

8-27     emergency and an imperative public necessity that the

8-28     constitutional rule requiring bills to be read on three several

8-29     days in each house be suspended, and this rule is hereby suspended.

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