1-1 By: McCall, et al. (Senate Sponsor - Zaffirini) H.B. No. 1151
1-2 (In the Senate - Received from the House May 13, 1999;
1-3 May 13, 1999, read first time and referred to Committee on Human
1-4 Services; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the continuation and functions of the Office for the
1-9 Prevention of Developmental Disabilities.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 112.045, Human Resources Code, is amended
1-12 by amending Subsections (b) and (d) to read as follows:
1-13 (b) The executive committee is composed of nine members who
1-14 have expertise in the field of developmental disabilities, of which
1-15 three are appointed by the governor, three are appointed by the
1-16 lieutenant governor, and three are appointed by the speaker of the
1-17 house of representatives. Appointments to the executive committee
1-18 shall be made without regard to the race, color, disability, sex,
1-19 religion, age, or national origin of the appointees.
1-20 (d) The governor [members of the executive committee
1-21 annually] shall designate a [elect one] member of the executive
1-22 committee [to serve] as the presiding officer of the executive
1-23 committee to serve in that capacity at the will of the governor.
1-24 SECTION 2. Subchapter C, Chapter 112, Human Resources Code,
1-25 is amended by adding Sections 112.0451 through 112.0454, 112.0471,
1-26 and 112.0472 to read as follows:
1-27 Sec. 112.0451. CONFLICT OF INTEREST. A person may not be a
1-28 member of the executive committee or act as the general counsel to
1-29 the executive committee or the office if the person is required to
1-30 register as a lobbyist under Chapter 305, Government Code, because
1-31 of the person's activities for compensation on behalf of a
1-32 profession related to the operation of the office.
1-33 Sec. 112.0452. REMOVAL OF EXECUTIVE COMMITTEE MEMBER.
1-34 (a) It is a ground for removal from the executive committee that a
1-35 member:
1-36 (1) does not have at the time of taking office the
1-37 qualifications required by Section 112.045;
1-38 (2) does not maintain during service on the executive
1-39 committee the qualifications required by Section 112.045;
1-40 (3) is ineligible for membership under Section 112.045
1-41 or 112.0451;
1-42 (4) cannot, because of illness or disability,
1-43 discharge the member's duties for a substantial part of the
1-44 member's term; or
1-45 (5) is absent from more than half of the regularly
1-46 scheduled executive committee meetings that the member is eligible
1-47 to attend during a calendar year without an excuse approved by a
1-48 majority vote of the executive committee.
1-49 (b) The validity of an action of the executive committee is
1-50 not affected by the fact that it is taken when a ground for removal
1-51 of an executive committee member exists.
1-52 (c) If the executive director has knowledge that a potential
1-53 ground for removal exists, the executive director shall notify the
1-54 presiding officer of the executive committee of the potential
1-55 ground. The presiding officer shall then notify the governor and
1-56 the attorney general that a potential ground for removal exists.
1-57 If the potential ground for removal involves the presiding officer,
1-58 the executive director shall notify the next highest ranking
1-59 officer of the executive committee, who shall then notify the
1-60 governor and the attorney general that a potential ground for
1-61 removal exists.
1-62 Sec. 112.0453. EXECUTIVE COMMITTEE MEMBER TRAINING. (a) A
1-63 person who is appointed to and qualifies for office as a member of
1-64 the executive committee may not vote, deliberate, or be counted as
2-1 a member in attendance at a meeting of the executive committee
2-2 until the person completes a training program that complies with
2-3 this section.
2-4 (b) The training program must provide the person with
2-5 information regarding:
2-6 (1) the legislation that created the office and the
2-7 executive committee;
2-8 (2) the programs operated by the office;
2-9 (3) the role and functions of the office;
2-10 (4) the rules of the office with an emphasis on the
2-11 rules that relate to disciplinary and investigatory authority;
2-12 (5) the current budget for the office;
2-13 (6) the results of the most recent formal audit of the
2-14 office;
2-15 (7) the requirements of:
2-16 (A) the open meetings law, Chapter 551,
2-17 Government Code;
2-18 (B) the public information law, Chapter 552,
2-19 Government Code;
2-20 (C) the administrative procedure law, Chapter
2-21 2001, Government Code; and
2-22 (D) other laws relating to public officials,
2-23 including conflict-of-interest laws; and
2-24 (8) any applicable ethics policies adopted by the
2-25 office or the Texas Ethics Commission.
2-26 (c) A person appointed to the executive committee is
2-27 entitled to reimbursement, as provided by the General
2-28 Appropriations Act, for the travel expenses incurred in attending
2-29 the training program regardless of whether the attendance at the
2-30 program occurs before or after the person qualifies for office.
2-31 Sec. 112.0454. PUBLIC ACCESS. The executive committee
2-32 shall develop and implement policies that provide the public with a
2-33 reasonable opportunity to appear before the executive committee and
2-34 to speak on any issue under the jurisdiction of the office.
2-35 Sec. 112.0471. QUALIFICATIONS AND STANDARDS OF CONDUCT. The
2-36 executive director or the executive director's designee shall
2-37 provide to members of the executive committee and to employees of
2-38 the office, as often as necessary, information regarding the
2-39 requirements for office or employment under this subchapter,
2-40 including information regarding a person's responsibilities under
2-41 applicable laws relating to standards of conduct for state officers
2-42 or employees.
2-43 Sec. 112.0472. EQUAL EMPLOYMENT OPPORTUNITY POLICIES.
2-44 (a) The executive director shall prepare and maintain a written
2-45 policy statement that implements a program of equal employment
2-46 opportunity to ensure that all personnel decisions are made without
2-47 regard to race, color, disability, sex, religion, age, or national
2-48 origin.
2-49 (b) The policy statement must include:
2-50 (1) personnel policies, including policies relating to
2-51 recruitment, evaluation, selection, training, and promotion of
2-52 personnel, that show the intent of the office to avoid the unlawful
2-53 employment practices described by Chapter 21, Labor Code; and
2-54 (2) an analysis of the extent to which the composition
2-55 of the office's personnel is in accordance with state and federal
2-56 law and a description of reasonable methods to achieve compliance
2-57 with state and federal law.
2-58 (c) The policy statement must:
2-59 (1) be updated annually;
2-60 (2) be reviewed by the state Commission on Human
2-61 Rights for compliance with Subsection (b)(1); and
2-62 (3) be filed with the governor's office.
2-63 SECTION 3. Section 112.052, Human Resources Code, is amended
2-64 to read as follows:
2-65 Sec. 112.052. SUNSET PROVISION. The Office for the
2-66 Prevention of Developmental Disabilities is subject to Chapter 325,
2-67 Government Code (Texas Sunset Act). Unless continued in existence
2-68 as provided by that chapter, the office is abolished and this
2-69 subchapter expires September 1, 2001 [1999].
3-1 SECTION 4. (a) This Act takes effect September 1, 1999.
3-2 (b) The changes in law made by this Act in the prohibitions
3-3 applying to members of the executive committee of the Office for
3-4 the Prevention of Developmental Disabilities do not affect the
3-5 entitlement of a member serving on the executive committee
3-6 immediately before September 1, 1999, to continue to carry out the
3-7 functions of the office as a member of the executive committee for
3-8 the remainder of the member's term. The changes in law apply only
3-9 to a member appointed on or after September 1, 1999. This Act does
3-10 not prohibit a person who is a member of the executive committee on
3-11 September 1, 1999, from being reappointed to the executive
3-12 committee if the person has the qualifications required for a
3-13 member under Subchapter C, Chapter 112, Human Resources Code, as
3-14 amended by this Act.
3-15 SECTION 5. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.
3-20 * * * * *