Amend CSHB 1151 by adding the following sections to the bill,
numbered appropriately:
SECTION . Subchapter C, Chapter 112, Human Resources
Code, is amended to read as follows:
SUBCHAPTER C. <OFFICE FOR THE>
PREVENTION OF DEVELOPMENTAL DISABILITIES
Sec. 112.041. <PURPOSE AND POLICY. (a) The purpose of this
Act is to minimize the economic and human losses in Texas caused by
preventable disabilities through the establishment of a joint
private-public initiative called the Office for the Prevention of
Developmental Disabilities.>
<(b) The legislature finds there is a strong need for a
unified, comprehensive prevention effort in the State of Texas.
Many state agencies, as well as private organizations and local
public agencies, are involved in prevention activities that can
reduce the incidence and severity of developmental disabilities.
However, a coordinated statewide plan that identifies and
consolidates research findings and prevention activities has yet to
be developed.>
<(c) The legislature further finds that by establishing a
mechanism by which prevention activities can be better coordinated
and needed prevention programs can be initiated, the State of Texas
will be making an important investment in Texas's future.>
<Sec. 112.042.> DEFINITIONS. In this subchapter:
(1) "Board" means the Texas Board of Mental Health and
Mental Retardation.
(2) "Developmental disability" means a severe, chronic
disability that:
(A) is attributable to a mental or physical
impairment or to a combination of a mental and physical impairment;
(B) is manifested before a person reaches the
age of 22;
(C) is likely to continue indefinitely;
(D) results in substantial functional
limitations in three or more major life activities, including:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility;
(v) self-direction;
(vi) capacity for independent living; and
(vii) economic sufficiency; and
(E) reflects the person's needs for a
combination and sequence of special interdisciplinary or generic
care, treatment, or other lifelong or extended services that are
individually planned and coordinated.
(3) "Advisory committee" <(2) "Executive committee">
means the developmental disabilities advisory committee <executive
committee of the Office for the Prevention of Developmental
Disabilities>.
(4) "Department" <(3) "Office"> means the Texas
Department of Mental Health and Mental Retardation <Office for the
Prevention of Developmental Disabilities>.
Sec. 112.042. <112.043. OFFICE FOR THE PREVENTION OF
DEVELOPMENTAL DISABILITIES. The Office for the Prevention of
Developmental Disabilities is established.>
<Sec. 112.044.> DUTIES. The department with the assistance
of the advisory committee <office> shall:
(1) educate the public and attempt to promote sound
public policy regarding the prevention of developmental
disabilities;
(2) identify, collect, and disseminate information and
data concerning the causes, frequency of occurrence, and
preventability of developmental disabilities;
(3) work with state agencies and other entities to
develop a coordinated long-range plan to effectively monitor and
reduce the incidence or severity of developmental disabilities;
(4) promote and facilitate the identification,
development, coordination, and delivery of needed prevention
services;
(5) solicit, receive, and spend grants and donations
from public, private, state, and federal sources;
(6) identify and encourage establishment of needed
reporting systems to track the causes and frequencies of occurrence
of developmental disabilities;
(7) develop, operate, and monitor task forces to
address the prevention of specific targeted developmental
disabilities;
(8) monitor and assess the effectiveness of state
agencies to prevent developmental disabilities;
(9) recommend the role each state agency should have
with regard to prevention of developmental disabilities;
(10) facilitate coordination of state agency
prevention services and activities; and
(11) encourage cooperative, comprehensive, and
complementary planning among public, private, and volunteer
individuals and organizations engaged in prevention activities,
providing prevention services, or conducting related research.
Sec. 112.043. DEVELOPMENTAL DISABILITIES ADVISORY <112.045.
EXECUTIVE> COMMITTEE. (a) The advisory <executive> committee
shall advise the department in its implementation of this
subchapter <is the governing body of the office>.
(b) The advisory <executive> committee is composed of nine
members who have expertise in the field of developmental
disabilities, of which three are appointed by the governor, three
are appointed by the lieutenant governor, and three are appointed
by the speaker of the house of representatives.
(c) The members serve for staggered six-year terms, with the
terms of three members expiring February 1 of each odd-numbered
year. Advisory <Executive> committee members receive no
compensation but are entitled to reimbursement of actual and
necessary expenses incurred in the performance of their duties.
(d) The members of the advisory <executive> committee
annually shall elect one member to serve as presiding officer.
(e) The advisory <executive> committee shall meet at least
quarterly and shall adopt bylaws for the conduct of the meetings.
(f) Any actions taken by the advisory <executive> committee
must be approved by a majority vote of the members present.
(g) The advisory <executive> committee shall recommend to
the board <establish> policies and procedures to implement this
subchapter.
(h) The advisory committee is not subject to Chapter 2110,
Government Code.
Sec. 112.044. <112.046.> BOARD OF ADVISORS. (a) The
department with the assistance of the advisory <executive>
committee may appoint a board of advisors composed of the following
persons:
(1) representatives of government agencies that are
responsible for prevention services for specified targeted
disabilities and that contract with the department <office> to
provide those services;
(2) representatives of consumer groups, foundations,
or corporations that contract for or donate to the department
<office> for prevention services for specific targeted
disabilities;
(3) private citizens who volunteer services or donate
to the department <office> for prevention services for specific
targeted disabilities; and
(4) other persons whose assistance the department
<executive committee> considers necessary to implement the purposes
of this subchapter.
(b) The board of advisors may serve on task forces, solicit
donations and grants, and perform any other duties assigned by the
department <executive committee>.
Sec. 112.045. <112.047. EXECUTIVE DIRECTOR. (a) The
executive committee may hire an executive director to serve as the
chief executive officer of the office and to perform the
administrative duties of the office.>
<(b) The executive director serves at the will of the
executive committee.>
<(c) The executive director may hire staff within guidelines
established by the executive committee.>
<Sec. 112.048.> TASK FORCES. (a) The advisory <executive>
committee shall recommend to the board <establish> guidelines for:
(1) selecting targeted disabilities;
(2) assessing prevention services needs; and
(3) reviewing task force plans, budgets, and
operations.
(b) The department with the assistance of the advisory
committee may <executive committee shall> create task forces made
up of members of the board of advisors to plan and implement
prevention programs for specifically targeted developmental
disabilities. A task force operates as an administrative division
of the department <office> and can be abolished when the task force
<it> is ineffective or is no longer needed.
Sec. 112.046. <112.049.> EVALUATION. (a) The department
<office> shall identify or encourage the establishment of needed
statistical bases for each targeted group against which the
department <office> can measure how effectively a task force
program is reducing the frequency or severity of a targeted
developmental disability.
(b) The department and advisory <executive> committee shall
regularly monitor and evaluate the results of task force prevention
programs.
Sec. 112.047. <112.050.> GRANTS. (a) The department with
the assistance of the advisory <executive> committee may apply for
and distribute private, state, and federal funds to implement
prevention policies adopted by the board <set by the executive
committee>.
(b) The board with the assistance of the advisory
<executive> committee shall establish criteria for application and
review of funding requests and accountability standards for
recipients. The board <executive committee> may adjust its
criteria as necessary to meet requirements for federal funding.
<(c) The executive committee may not submit a legislative
appropriation request for general revenue funds.>
Sec. 112.048 <112.051>. REPORTS TO LEGISLATURE. The
department <office> shall submit by February 1 of each odd-numbered
year biennial reports to the legislature detailing findings of the
department <office> and the results of task force prevention
programs and recommending improvements in the delivery of
developmental disability prevention services.
<Sec. 112.052. SUNSET PROVISION. The Office for the
Prevention of Developmental Disabilities is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the office is abolished and this
subchapter expires September 1, 1999.>
SECTION ____. (a) On September 1, 1999:
(1) all of the powers, duties, functions, and
activities of the Office for the Prevention of Developmental
Disabilities are transferred to the Texas Department of Mental
Health and Mental Retardation;
(2) all money, accounts, obligations, contracts,
property, and records of the Office for the Prevention of
Developmental Disabilities are transferred to the Texas Department
of Mental Health and Mental Retardation; and
(3) all employees of the Office for the Prevention of
Developmental Disabilities become employees of the Texas Department
of Mental Health and Mental Retardation.
(b) A rule or form adopted by the Office for the Prevention
of Developmental Disabilities is a rule or form of the Texas
Department of Mental Health and Mental Retardation and remains in
effect until the rule or form is changed by the Texas Board of
Mental Health and Mental Retardation.
(c) A reference in law to the Office for the Prevention of
Developmental Disabilities means the Texas Department of Mental
Health and Mental Retardation and a reference in law to the
executive committee of the Office for the Prevention of
Developmental Disabilities means the developmental disabilities
advisory committee and the Texas Department of Mental Health and
Mental Retardation jointly.
(d) A person who is a member of the executive committee of
the Office for the Prevention of Developmental Disabilities
immediately before this Act takes effect, unless otherwise removed
as provided by law, may continue to serve as a member of the
developmental disabilities advisory committee established by this
Act until the expiration of the term to which the person was
originally appointed.