SRC-ARR H.B. 1151 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1151
By: McCall (Zaffirini)
Human Services
5/14/1999
Engrossed


DIGEST 

In 1989, the Office for the Prevention of Developmental Disabilities (OPDD)
was created to coordinate the agencies and organizations involved in
preventing developmental disabilities. OPDD is governed by an executive
committee (committee) whose responsibilities include: promoting the
development and coordination of statewide policies to benefit disabled
persons; overseeing and updating a long-range plan for disabled persons;
promoting a demographic survey of disabled persons; and promoting laws
benefitting disabled persons. OPDD is subject to the Sunset Act and will be
abolished on September 1, 1999, unless it is continued in existence by the
legislature. H.B. 1151 would continued the functions of OPDD; establish
committee members training requirements and standards of conduct; and
continues OPDD's existence until the year 2001.  


PURPOSE

As proposed, H.B. 1151 sets forth requirements regarding the continuation
and functions of the Office for the Prevention of Development Disabilities. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 112.045, Human Resources Code, by amending
Subsections (b) and (d), as follows: 
 
(b) Requires appointments to the executive committee of the Office for the
Prevention of Developmental Disabilities (committee) to be made without
regard to race, color, disability, sex, religion, age, or national origin
of the appointees.  

(d) Requires the governor to designate a committee member to serve as
presiding officer of the committee at the will of the governor. Deletes
language requiring the committee members to elect one member of the
committee to serve as presiding officer.  

SECTION 2.  Amends Chapter 112C, Human Resources Code, by adding Sections
112.0451 through 112.0454, 112.0471, and 112.0472, as follows:  

Sec.112.0451. CONFLICT OF INTEREST. Prohibits a person from being a member
of the committee or acting as the committee's general counsel if the person
is required to register as a lobbyist under Chapter 305, Government Code,
due to the person's compensated activities on behalf of a profession
related to the operation of the office.  

Sec. 112.0452. REMOVAL OF EXECUTIVE COMMITTEE MEMBER.  Sets forth specified
grounds for removal of committee members from the committee.  Provides that
a committee action taken while a ground for removal of a committee member
exists does not affect the validity of that action. Requires the executive
director of the developmental disabilities program (director) to notify the
committee's presiding officer of any knowledge of a potential ground for
removal, and the presiding officer to then notify the governor and
attorney general. Requires the director to notify the next highest ranking
officer of the committee if the potential ground for removal involves the
presiding officer. Requires that next highest ranking officer to then
notify the governor and attorney general of the potential ground for
removal.  

Sec. 112.0453. EXECUTIVE COMMITTEE MEMBER TRAINING.  Prohibits a person
appointed to and qualified for office as a committee member from voting,
deliberating, or being counted as an attending member at a committee
meeting until that person completes a training program pursuant to this
section.  Requires the training program to provide the person specified
information. Entitles a person who is appointed to the committee to be
reimbursed for travel expenses in attending the training program regardless
of whether the attendance occurs before or after the person qualifies for
office.  
 
Sec. 112.0454. PUBLIC ACCESS. Requires the committee to develop and
implement policies providing the public reasonable opportunity to appear
and speak before the committee on an issue under the office's jurisdiction.

Sec. 112.0471. QUALIFICATIONS AND STANDARDS OF CONDUCT. Requires the
director or the director's designee to provide members and employees
information regarding the requirements for office or employment under this
subchapter, including information regarding applicable standards of
conduct. 

Sec. 112.0472. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. Requires the director
to prepare and maintain a policy statement implementing an equal employment
opportunity program to ensure personnel decisions are made without regard
to race, color, disability, sex, religion, age, or national origin.
Requires the policy statement to include specified personnel policies and
an analysis relating to the office's compliance with state and federal
requirements. Requires the policy statement to be updated annually and to
be reviewed by the state Commission on Human Rights for compliance
concerning personnel policies, and to be filed with the governor's office.  

SECTION 3. Amends Section 112.052, Human Resources Code, to provide that
the Office for the Prevention of Developmental Disabilities is subject to
Chapter 325, Government Code (Texas Sunset Act), and is abolished and
expires September 1, 2001, rather than September 1, 1999, unless it is
continued in existence under this chapter.  

SECTION 4.Effective date: September 1, 1999. 
                     Makes application of this Act prospective. 

SECTION 5. Emergency clause.