1-1 AN ACT
1-2 relating to the continuation and functions of the Office for the
1-3 Prevention of Developmental Disabilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 112.043, Human Resources Code, is amended
1-6 to read as follows:
1-7 Sec. 112.043. OFFICE FOR THE PREVENTION OF DEVELOPMENTAL
1-8 DISABILITIES; ADMINISTRATIVE ATTACHMENT. (a) The Office for the
1-9 Prevention of Developmental Disabilities is administratively
1-10 attached to the Texas Department of Mental Health and Mental
1-11 Retardation [established].
1-12 (b) The Texas Department of Mental Health and Mental
1-13 Retardation shall:
1-14 (1) provide administrative assistance, services, and
1-15 materials to the office;
1-16 (2) accept, deposit, and disburse money made available
1-17 to the office;
1-18 (3) accept gifts and grants on behalf of the office
1-19 from any public or private entity;
1-20 (4) pay the salaries and benefits of the executive
1-21 director and staff of the office;
1-22 (5) reimburse the travel expenses and other actual and
1-23 necessary expenses of the executive committee, executive director,
1-24 and staff of the office incurred in the performance of a function
2-1 of the office, as provided by the General Appropriations Act;
2-2 (6) apply for and receive on behalf of the office any
2-3 appropriations, gifts, or other money from the state or federal
2-4 government or any other public or private entity, subject to
2-5 limitations and conditions prescribed by legislative appropriation;
2-6 (7) provide the office with adequate computer
2-7 equipment and support; and
2-8 (8) provide the office with adequate office space and
2-9 permit the executive committee to meet in facilities of the
2-10 department.
2-11 (c) The executive director and staff of the office are
2-12 employees of the office and not employees of the Texas Department
2-13 of Mental Health and Mental Retardation.
2-14 SECTION 2. Section 112.045, Human Resources Code, is amended
2-15 by amending Subsections (b) and (d) to read as follows:
2-16 (b) The executive committee is composed of nine members who
2-17 have expertise in the field of developmental disabilities, of which
2-18 three are appointed by the governor, three are appointed by the
2-19 lieutenant governor, and three are appointed by the speaker of the
2-20 house of representatives. Appointments to the executive committee
2-21 shall be made without regard to the race, color, disability, sex,
2-22 religion, age, or national origin of the appointees.
2-23 (d) The governor [members of the executive committee
2-24 annually] shall designate a [elect one] member of the executive
2-25 committee [to serve] as the presiding officer of the executive
2-26 committee to serve in that capacity at the will of the governor.
2-27 SECTION 3. Subchapter C, Chapter 112, Human Resources Code,
3-1 is amended by adding Sections 112.0451 through 112.0454, 112.0471,
3-2 and 112.0472 to read as follows:
3-3 Sec. 112.0451. CONFLICT OF INTEREST. A person may not be a
3-4 member of the executive committee or act as the general counsel to
3-5 the executive committee or the office if the person is required to
3-6 register as a lobbyist under Chapter 305, Government Code, because
3-7 of the person's activities for compensation on behalf of a
3-8 profession related to the operation of the office.
3-9 Sec. 112.0452. REMOVAL OF EXECUTIVE COMMITTEE MEMBER.
3-10 (a) It is a ground for removal from the executive committee that a
3-11 member:
3-12 (1) does not have at the time of taking office the
3-13 qualifications required by Section 112.045;
3-14 (2) does not maintain during service on the executive
3-15 committee the qualifications required by Section 112.045;
3-16 (3) is ineligible for membership under Section 112.045
3-17 or 112.0451;
3-18 (4) cannot, because of illness or disability,
3-19 discharge the member's duties for a substantial part of the
3-20 member's term; or
3-21 (5) is absent from more than half of the regularly
3-22 scheduled executive committee meetings that the member is eligible
3-23 to attend during a calendar year without an excuse approved by a
3-24 majority vote of the executive committee.
3-25 (b) The validity of an action of the executive committee is
3-26 not affected by the fact that it is taken when a ground for removal
3-27 of an executive committee member exists.
4-1 (c) If the executive director has knowledge that a potential
4-2 ground for removal exists, the executive director shall notify the
4-3 presiding officer of the executive committee of the potential
4-4 ground. The presiding officer shall then notify the governor and
4-5 the attorney general that a potential ground for removal exists.
4-6 If the potential ground for removal involves the presiding officer,
4-7 the executive director shall notify the next highest ranking
4-8 officer of the executive committee, who shall then notify the
4-9 governor and the attorney general that a potential ground for
4-10 removal exists.
4-11 Sec. 112.0453. EXECUTIVE COMMITTEE MEMBER TRAINING. (a) A
4-12 person who is appointed to and qualifies for office as a member of
4-13 the executive committee may not vote, deliberate, or be counted as
4-14 a member in attendance at a meeting of the executive committee
4-15 until the person completes a training program that complies with
4-16 this section.
4-17 (b) The training program must provide the person with
4-18 information regarding:
4-19 (1) the legislation that created the office and the
4-20 executive committee;
4-21 (2) the programs operated by the office;
4-22 (3) the role and functions of the office;
4-23 (4) the rules of the office with an emphasis on the
4-24 rules that relate to disciplinary and investigatory authority;
4-25 (5) the current budget for the office;
4-26 (6) the results of the most recent formal audit of the
4-27 office;
5-1 (7) the requirements of:
5-2 (A) the open meetings law, Chapter 551,
5-3 Government Code;
5-4 (B) the public information law, Chapter 552,
5-5 Government Code;
5-6 (C) the administrative procedure law, Chapter
5-7 2001, Government Code; and
5-8 (D) other laws relating to public officials,
5-9 including conflict-of-interest laws; and
5-10 (8) any applicable ethics policies adopted by the
5-11 office or the Texas Ethics Commission.
5-12 (c) A person appointed to the executive committee is
5-13 entitled to reimbursement, as provided by the General
5-14 Appropriations Act, for the travel expenses incurred in attending
5-15 the training program regardless of whether the attendance at the
5-16 program occurs before or after the person qualifies for office.
5-17 Sec. 112.0454. PUBLIC ACCESS. The executive committee
5-18 shall develop and implement policies that provide the public with a
5-19 reasonable opportunity to appear before the executive committee and
5-20 to speak on any issue under the jurisdiction of the office.
5-21 Sec. 112.0471. QUALIFICATIONS AND STANDARDS OF CONDUCT. The
5-22 executive director or the executive director's designee shall
5-23 provide to members of the executive committee and to employees of
5-24 the office, as often as necessary, information regarding the
5-25 requirements for office or employment under this subchapter,
5-26 including information regarding a person's responsibilities under
5-27 applicable laws relating to standards of conduct for state officers
6-1 or employees.
6-2 Sec. 112.0472. EQUAL EMPLOYMENT OPPORTUNITY POLICIES.
6-3 (a) The executive director shall prepare and maintain a written
6-4 policy statement that implements a program of equal employment
6-5 opportunity to ensure that all personnel decisions are made without
6-6 regard to race, color, disability, sex, religion, age, or national
6-7 origin.
6-8 (b) The policy statement must include:
6-9 (1) personnel policies, including policies relating to
6-10 recruitment, evaluation, selection, training, and promotion of
6-11 personnel, that show the intent of the office to avoid the unlawful
6-12 employment practices described by Chapter 21, Labor Code; and
6-13 (2) an analysis of the extent to which the composition
6-14 of the office's personnel is in accordance with state and federal
6-15 law and a description of reasonable methods to achieve compliance
6-16 with state and federal law.
6-17 (c) The policy statement must:
6-18 (1) be updated annually;
6-19 (2) be reviewed by the state Commission on Human
6-20 Rights for compliance with Subsection (b)(1); and
6-21 (3) be filed with the governor's office.
6-22 SECTION 4. Section 112.052, Human Resources Code, is amended
6-23 to read as follows:
6-24 Sec. 112.052. SUNSET PROVISION. The Office for the
6-25 Prevention of Developmental Disabilities is subject to Chapter 325,
6-26 Government Code (Texas Sunset Act). Unless continued in existence
6-27 as provided by that chapter, the office is abolished and this
7-1 subchapter expires September 1, 2001 [1999]. In its review, the
7-2 Sunset Commission shall specifically address the issue of whether
7-3 the office should continue to be administratively attached to the
7-4 Texas Department of Mental Health and Mental Retardation or whether
7-5 the functions of the office should be transferred to that
7-6 department.
7-7 SECTION 5. (a) This Act takes effect September 1, 1999.
7-8 (b) The changes in law made by this Act in the prohibitions
7-9 applying to members of the executive committee of the Office for
7-10 the Prevention of Developmental Disabilities do not affect the
7-11 entitlement of a member serving on the executive committee
7-12 immediately before September 1, 1999, to continue to carry out the
7-13 functions of the office as a member of the executive committee for
7-14 the remainder of the member's term. The changes in law apply only
7-15 to a member appointed on or after September 1, 1999. This Act does
7-16 not prohibit a person who is a member of the executive committee on
7-17 September 1, 1999, from being reappointed to the executive
7-18 committee if the person has the qualifications required for a
7-19 member under Subchapter C, Chapter 112, Human Resources Code, as
7-20 amended by this Act.
7-21 SECTION 6. The importance of this legislation and the
7-22 crowded condition of the calendars in both houses create an
7-23 emergency and an imperative public necessity that the
7-24 constitutional rule requiring bills to be read on three several
7-25 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1151 was passed by the House on May
12, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1151 on May 22, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1151 was passed by the Senate, with
amendments, on May 20, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor