1-1                                   AN ACT
 1-2     relating to the continuation and functions of the Interagency
 1-3     Council on Early Childhood Intervention.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 73.002(e) and (i), Human Resources Code,
 1-6     are amended to read as follows:
 1-7           (e)  The governor [members of the board] shall designate a
 1-8     [elect one] member of the board [to serve] as the presiding officer
 1-9     of the board to serve in that capacity at the will of the governor.
1-10     The members of the board shall elect [and] one member of the board
1-11     to serve as assistant presiding officer.  The assistant presiding
1-12     officer [Officers] shall serve a two-year term.
1-13           (i)  The board shall develop and implement policies that
1-14     provide the public with a reasonable opportunity to appear before
1-15     the board and to speak on any issue under the jurisdiction of the
1-16     council. [The board shall develop a method for responding to
1-17     complaints regarding services provided by the council.]
1-18           SECTION 2.  Section 73.0021(b), Human Resources Code, is
1-19     amended to read as follows:
1-20           (b)  A person is not eligible for appointment as a board
1-21     member if:
1-22                 (1)  the person does not meet the eligibility
1-23     requirements under Section 73.002;
1-24                 (2)  the person or the person's spouse is an officer of
 2-1     an agency or paid counsel of an organization with which the council
 2-2     engages in a contractual relationship; or
 2-3                 (3)  the person violates a prohibition established by
 2-4     Section 73.0024 [is required to register as a lobbyist under
 2-5     Chapter 305, Government  Code, because of the person's activities
 2-6     on behalf of a profession or organization related to council
 2-7     functions].
 2-8           SECTION 3.  Section 73.0022(a), Human Resources Code, is
 2-9     amended to read as follows:
2-10           (a)  It is a ground for removal from the board if a member:
2-11                 (1)  is not eligible for appointment to the board under
2-12     Section 73.002;
2-13                 (2)  does not maintain during service on the board the
2-14     qualifications required by Section 73.002;
2-15                 (3)  has or develops an interest that conflicts or
2-16     appears to conflict with the member's position on the board or
2-17     violates a prohibition established by Section 73.0024;
2-18                 (4)  cannot discharge the member's duties for a
2-19     substantial part of the term for which the member is appointed
2-20     because of illness or disability; or
2-21                 (5)  is absent for more than half of the regularly
2-22     scheduled board meetings that the member is eligible to attend
2-23     during a calendar year.
2-24           SECTION 4.  Chapter 73, Human Resources Code, is amended by
2-25     adding Sections 73.0023, 73.0024, and 73.0025 to read as follows:
2-26           Sec. 73.0023.  BOARD MEMBER TRAINING.  (a)  A person who is
2-27     appointed to and qualifies for office as a member of the board may
 3-1     not vote, deliberate, or be counted as a member in attendance at a
 3-2     meeting of the board until the person completes a training program
 3-3     that complies with this section.
 3-4           (b)  The training program must provide the person with
 3-5     information regarding:
 3-6                 (1)  the legislation that created the council and the
 3-7     board;
 3-8                 (2)  the programs operated by the council;
 3-9                 (3)  the role and functions of the council;
3-10                 (4)  the rules of the council with an emphasis on the
3-11     rules that relate to disciplinary and investigatory authority;
3-12                 (5)  the current budget for the council;
3-13                 (6)  the results of the most recent formal audit of the
3-14     council;
3-15                 (7)  the requirements of:
3-16                       (A)  the open meetings law, Chapter 551,
3-17     Government Code;
3-18                       (B)  the public information law, Chapter 552,
3-19     Government Code;
3-20                       (C)  the administrative procedure law,  Chapter
3-21     2001, Government Code; and
3-22                       (D)  other laws relating to public officials,
3-23     including conflict-of-interest laws; and
3-24                 (8)  any applicable ethics policies adopted by the
3-25     council or the Texas Ethics Commission.
3-26           (c)  A person appointed to the board is entitled to
3-27     reimbursement, as provided by the General Appropriations Act, for
 4-1     the travel expenses incurred in attending the training program
 4-2     regardless of whether the attendance at the program occurs before
 4-3     or after the person qualifies for office.
 4-4           Sec. 73.0024.  RESTRICTIONS ON BOARD MEMBERS AND EMPLOYEES.
 4-5     (a)  In this section, "Texas trade association" means a cooperative
 4-6     and voluntarily joined association of business or professional
 4-7     competitors in this state designed to assist its members and its
 4-8     industry or profession in dealing with mutual business or
 4-9     professional problems and in promoting their common interest.
4-10           (b)  A person may not be a member of the board and may not be
4-11     a council employee employed in a "bona fide executive,
4-12     administrative, or professional capacity," as that phrase is used
4-13     for purposes of establishing an exemption to the overtime
4-14     provisions of the federal Fair Labor Standards Act of 1938 (29
4-15     U.S.C. Section 201 et seq.) and its subsequent amendments, if:
4-16                 (1)  the person is an officer, employee, or paid
4-17     consultant of a Texas trade association in the field of early
4-18     childhood intervention; or
4-19                 (2)  the person's spouse is an officer, manager, or
4-20     paid consultant of a Texas trade association in the field of early
4-21     childhood intervention.
4-22           (c)  A person may not be a member of the board or act as the
4-23     general counsel to the board or the council if the person is
4-24     required to register as a lobbyist under Chapter 305, Government
4-25     Code, because of the person's activities for compensation on behalf
4-26     of a profession related to the operation of the council.
4-27           Sec. 73.0025.  COMPLAINT PROCESS.  (a)  The board shall
 5-1     develop a method for responding to complaints regarding services
 5-2     provided by the council.
 5-3           (b)  The council shall maintain a file on each written
 5-4     complaint filed with the council.  The file must include:
 5-5                 (1)  the name of the person who filed the complaint;
 5-6                 (2)  the date the complaint is received by the council;
 5-7                 (3)  the subject matter of the complaint;
 5-8                 (4)  the name of each person contacted in relation to
 5-9     the complaint;
5-10                 (5)  a summary of the results of the review or
5-11     investigation of the complaint; and
5-12                 (6)  an explanation of the reason the file was closed,
5-13     if the council closed the file without taking action other than to
5-14     investigate the complaint.
5-15           (c)  The council shall provide to the person filing the
5-16     complaint and to each person who is a subject of the complaint a
5-17     copy of the council's policies and procedures relating to complaint
5-18     investigation and resolution.
5-19           (d)  The council, at least quarterly until final disposition
5-20     of the complaint, shall notify the person filing the complaint and
5-21     each person who is a subject of the complaint of the status of the
5-22     investigation unless the notice would jeopardize an undercover
5-23     investigation.
5-24           SECTION 5.  Section 73.0051, Human Resources Code, is amended
5-25     by amending Subsections (d), (f), and (i) and adding Subsection (k)
5-26     to read as follows:
5-27           (d)  The council shall periodically monitor program
 6-1     activities and fiscal performance of the entities funded under this
 6-2     chapter to:
 6-3                 (1)  determine compliance with federal and state
 6-4     requirements;
 6-5                 (2)  assess the performance of the entities in
 6-6     identifying children under three years of age with developmental
 6-7     delay in populations at risk of developmental delay; and
 6-8                 (3)  issue reports regarding program monitoring.
 6-9           (f)  The council shall:
6-10                 (1)  cooperate with the Health and Human Services
6-11     Commission and other local, state, and federal agencies in the
6-12     strategic planning, funding, delivery, and monitoring of services
6-13     authorized under this chapter; and
6-14                 (2)  jointly with the Department of Protective and
6-15     Regulatory Services develop and implement policies applicable to
6-16     providers of services authorized under this chapter in situations
6-17     involving service recipients who are vulnerable to abuse or
6-18     neglect.
6-19           (i)  The council shall include parents when deciding the
6-20     appropriate treatment for the needs of their child or children.
6-21     After establishing an initial and ongoing treatment plan for a
6-22     child, the council shall ensure that the child's parents continue
6-23     to be included in all decisions relating to the services provided
6-24     to the child, including the determination of the most appropriate
6-25     setting for the child to receive services.  The council shall
6-26     ensure that a child's parents receive written notification of the
6-27     progress toward meeting the child's treatment plan.  The
 7-1     notification must include details to assist parents in meeting the
 7-2     child's treatment goals.
 7-3           (k)  The council shall cooperate with the Health and Human
 7-4     Services Commission to select an appropriate automated system or
 7-5     systems currently used by a state agency to plan, manage, and
 7-6     maintain records of client services.  If cost-effective, the
 7-7     council may use the automated system or systems to carry out other
 7-8     appropriate council administrative functions.
 7-9           SECTION 6.  Section 73.0052, Human Resources Code, is amended
7-10     by amending Subsection (a)  and adding Subsection (h) to read as
7-11     follows:
7-12           (a)  The executive director or the executive director's
7-13     designee [board] shall provide to [its] members of the board and to
7-14     the employees of the council, as often as necessary, information
7-15     regarding the requirements for office or employment [their
7-16     qualifications] under this chapter, including information regarding
7-17     a person's [and their] responsibilities under applicable laws
7-18     relating to standards of conduct for state officers or employees.
7-19           (h)  The board shall develop and implement policies that
7-20     clearly separate the policymaking responsibilities of the board and
7-21     the management responsibilities of the executive director and the
7-22     staff of the council.
7-23           SECTION 7.  Section 73.008, Human Resources Code, is amended
7-24     to read as follows:
7-25           Sec. 73.008.  EARLY IDENTIFICATION STRATEGY.  (a)  The
7-26     council shall develop and implement a statewide strategy for:
7-27                 (1)  the early identification of children under three
 8-1     years of age with developmental delay; [and]
 8-2                 (2)  improving the early identification of children
 8-3     under three years of age with developmental delay in populations at
 8-4     risk of developmental delay, through measures such as:
 8-5                       (A)  targeting at-risk populations and
 8-6     appropriate geographical regions; and
 8-7                       (B)  monitoring the performance of providers of
 8-8     services authorized under this chapter in identifying those
 8-9     children; and
8-10                 (3)  the coordination of programs with other agencies
8-11     serving children with developmental delay, including the
8-12     coordination of policy issues that affect children with
8-13     developmental delay who are three years of age or older.
8-14           (b)  The strategy must include plans to:
8-15                 (1)  incorporate, strengthen, and expand similar
8-16     existing local efforts;
8-17                 (2)  incorporate and coordinate screening services
8-18     currently provided through a public agency; [and]
8-19                 (3)  establish a liaison with primary referral sources,
8-20     including hospitals, physicians, public health facilities, and
8-21     day-care facilities, to encourage referrals of children with
8-22     developmental delay; and
8-23                 (4)  provide active leadership in addressing issues
8-24     affecting the effectiveness of services for children with
8-25     developmental delay, including issues such as the provision of
8-26     respite care and development of incentives to encourage provision
8-27     of respite care by providers of services authorized under this
 9-1     chapter.
 9-2           SECTION 8.  Chapter 73, Human Resources Code, is amended by
 9-3     adding Section 73.011 to read as follows:
 9-4           Sec. 73.011.  PROVIDER SELECTION.  (a)  The council shall
 9-5     select providers of services authorized under this chapter on a
 9-6     best value basis in a manner that:
 9-7                 (1)  maximizes federal, private, and local sources of
 9-8     funding; and
 9-9                 (2)  promotes competition when possible.
9-10           (b)  The council shall determine best value as required by
9-11     Subsection (a) when the council initially awards a contract to a
9-12     provider and when the council considers renewal of a provider's
9-13     contract.
9-14           (c)  In determining whether a provider will provide best
9-15     value to the council, the council shall consider:
9-16                 (1)  the past performance of the provider;
9-17                 (2)  the quality of the provider's services;
9-18                 (3)  the cost of the provider's services;
9-19                 (4)  the ability of the provider to maximize federal,
9-20     private, and local sources of funding;
9-21                 (5)  the ability of the provider to comply with state
9-22     and federal program requirements;
9-23                 (6)  the availability of the provider to deliver
9-24     required services; and
9-25                 (7)  any other relevant factor.
9-26           SECTION 9.  Section 73.022(a), Human Resources Code, is
9-27     amended to read as follows:
 10-1          (a)  The council shall:
 10-2                (1)  ensure compliance with requirements necessary to
 10-3    obtain federal funds in the maximum amount and the most
 10-4    advantageous proportions possible;
 10-5                (2)  seek funding in a manner that maximizes the total
 10-6    amount of money available from federal, private, and local sources
 10-7    for programs funded under this chapter;
 10-8                (3)  apply for, receive, administer, and spend federal
 10-9    and state funds for Subchapter III [VIII], Individuals with
10-10    Disabilities Education Act (IDEA) (20 U.S.C. Section 1431 [1471] et
10-11    seq.), and its subsequent amendments, dealing with infants and
10-12    toddlers from birth to age three with developmental delay and their
10-13    families; and
10-14                (4) [(3)]  authorize and account for the classification
10-15    and spending of maintenance of effort and carryover funds from all
10-16    sources in carrying out the programs funded under this chapter.
10-17          SECTION 10.  Section 73.023, Human Resources Code, is amended
10-18    to read as follows:
10-19          Sec. 73.023.  APPLICATION OF SUNSET ACT.  The Interagency
10-20    Council on Early Childhood Intervention is subject to Chapter 325,
10-21    Government Code (Texas Sunset Act). Unless continued in existence
10-22    as provided by that chapter, the council is abolished on September
10-23    1, 2011 [1999].
10-24          SECTION 11.  (a)  The Interagency Council on Early Childhood
10-25    Intervention shall review the council's delivery system of services
10-26    for children with developmental delay and make recommendations for
10-27    improving service delivery.  The recommendations must include
 11-1    provisions designed to improve the ability of local service
 11-2    providers to achieve council objectives, including:
 11-3                (1)  improved identification of children under the age
 11-4    of three years with developmental delay in populations at risk of
 11-5    developmental delay; and
 11-6                (2)  increased access to respite care.
 11-7          (b)  Not later than December 1, 2000, the Interagency Council
 11-8    on Early Childhood Intervention shall submit to the governor and
 11-9    the legislature a report on the review and recommendations required
11-10    by this section.
11-11          SECTION 12.  (a)  The Health and Human Services Commission
11-12    and the Interagency Council on Early Childhood Intervention shall
11-13    review the system used by the council to fund programs under
11-14    Chapter 73, Human Resources Code, and make recommendations for
11-15    maximizing money available for the programs from federal, private,
11-16    and local sources.
11-17          (b)  Not later than December 1, 2000, the Health and Human
11-18    Services Commission and the Interagency Council on Early Childhood
11-19    Intervention shall submit to the governor and the legislature a
11-20    report on the review and recommendations required by this section.
11-21          SECTION 13.  Not later than March 1, 2000, the Interagency
11-22    Council on Early Childhood Intervention shall:
11-23                (1)  develop a plan and implementation schedule
11-24    relating to the use of the appropriate system or systems required
11-25    under Section 73.0051(k), Human Resources Code, as added by this
11-26    Act; and
11-27                (2)  submit a report on the plan and implementation
 12-1    schedule required by Subdivision (1) of this section to the Health
 12-2    and Human Services Commission, the legislature, and any legislative
 12-3    oversight committee with jurisdiction over the council.
 12-4          SECTION 14.  (a) This Act takes effect September 1, 1999.
 12-5          (b)  The changes in law made by this Act in the
 12-6    qualifications of, and the prohibitions applying to, members of the
 12-7    board of the Interagency Council on Early Childhood Intervention do
 12-8    not affect the entitlement of a member serving on the board
 12-9    immediately before September 1, 1999, to continue to carry out the
12-10    functions of the board for the remainder of the member's term.  The
12-11    changes in law apply only to a member appointed on or after
12-12    September 1, 1999.  This Act does not prohibit a person who is a
12-13    member of the board on September 1, 1999, from being reappointed to
12-14    the board if the person has the qualifications required for a
12-15    member under Chapter 73, Human Resources Code, as amended by this
12-16    Act.
12-17          SECTION 15.  The importance of this legislation and the
12-18    crowded condition of the calendars in both houses create an
12-19    emergency and an imperative public necessity that the
12-20    constitutional rule requiring bills to be read on three several
12-21    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. 1503 was passed by the House on March
         16, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1503 on April 28, 1999, by a
         non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1503 was passed by the Senate, with
         amendments, on April 26, 1999, by the following vote:  Yeas 30,
         Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor