1-1 By: Gray, Bosse, McCall (Senate Sponsor - Harris) H.B. No. 1503
1-2 (In the Senate - Received from the House March 17, 1999;
1-3 March 25, 1999, read first time and referred to Committee on Human
1-4 Services; April 16, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 5, Nays 0;
1-6 April 16, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1503 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the continuation and functions of the Interagency
1-11 Council on Early Childhood Intervention.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Sections 73.002(e) and (i), Human Resources Code,
1-14 are amended to read as follows:
1-15 (e) The governor [members of the board] shall designate a
1-16 [elect one] member of the board [to serve] as the presiding officer
1-17 of the board to serve in that capacity at the will of the governor.
1-18 The members of the board shall elect [and] one member of the board
1-19 to serve as assistant presiding officer. The assistant presiding
1-20 officer [Officers] shall serve a two-year term.
1-21 (i) The board shall develop and implement policies that
1-22 provide the public with a reasonable opportunity to appear before
1-23 the board and to speak on any issue under the jurisdiction of the
1-24 council. [The board shall develop a method for responding to
1-25 complaints regarding services provided by the council.]
1-26 SECTION 2. Section 73.0021(b), Human Resources Code, is
1-27 amended to read as follows:
1-28 (b) A person is not eligible for appointment as a board
1-29 member if:
1-30 (1) the person does not meet the eligibility
1-31 requirements under Section 73.002;
1-32 (2) the person or the person's spouse is an officer of
1-33 an agency or paid counsel of an organization with which the council
1-34 engages in a contractual relationship; or
1-35 (3) the person violates a prohibition established by
1-36 Section 73.0024 [is required to register as a lobbyist under
1-37 Chapter 305, Government Code, because of the person's activities on
1-38 behalf of a profession or organization related to council
1-39 functions].
1-40 SECTION 3. Section 73.0022(a), Human Resources Code, is
1-41 amended to read as follows:
1-42 (a) It is a ground for removal from the board if a member:
1-43 (1) is not eligible for appointment to the board under
1-44 Section 73.002;
1-45 (2) does not maintain during service on the board the
1-46 qualifications required by Section 73.002;
1-47 (3) has or develops an interest that conflicts or
1-48 appears to conflict with the member's position on the board or
1-49 violates a prohibition established by Section 73.0024;
1-50 (4) cannot discharge the member's duties for a
1-51 substantial part of the term for which the member is appointed
1-52 because of illness or disability; or
1-53 (5) is absent for more than half of the regularly
1-54 scheduled board meetings that the member is eligible to attend
1-55 during a calendar year.
1-56 SECTION 4. Chapter 73, Human Resources Code, is amended by
1-57 adding Sections 73.0023, 73.0024, and 73.0025 to read as follows:
1-58 Sec. 73.0023. BOARD MEMBER TRAINING. (a) A person who is
1-59 appointed to and qualifies for office as a member of the board may
1-60 not vote, deliberate, or be counted as a member in attendance at a
1-61 meeting of the board until the person completes a training program
1-62 that complies with this section.
1-63 (b) The training program must provide the person with
1-64 information regarding:
2-1 (1) the legislation that created the council and the
2-2 board;
2-3 (2) the programs operated by the council;
2-4 (3) the role and functions of the council;
2-5 (4) the rules of the council with an emphasis on the
2-6 rules that relate to disciplinary and investigatory authority;
2-7 (5) the current budget for the council;
2-8 (6) the results of the most recent formal audit of the
2-9 council;
2-10 (7) the requirements of:
2-11 (A) the open meetings law, Chapter 551,
2-12 Government Code;
2-13 (B) the public information law, Chapter 552,
2-14 Government Code;
2-15 (C) the administrative procedure law, Chapter
2-16 2001, Government Code; and
2-17 (D) other laws relating to public officials,
2-18 including conflict-of-interest laws; and
2-19 (8) any applicable ethics policies adopted by the
2-20 council or the Texas Ethics Commission.
2-21 (c) A person appointed to the board is entitled to
2-22 reimbursement, as provided by the General Appropriations Act, for
2-23 the travel expenses incurred in attending the training program
2-24 regardless of whether the attendance at the program occurs before
2-25 or after the person qualifies for office.
2-26 Sec. 73.0024. RESTRICTIONS ON BOARD MEMBERS AND EMPLOYEES.
2-27 (a) In this section, "Texas trade association" means a cooperative
2-28 and voluntarily joined association of business or professional
2-29 competitors in this state designed to assist its members and its
2-30 industry or profession in dealing with mutual business or
2-31 professional problems and in promoting their common interest.
2-32 (b) A person may not be a member of the board and may not be
2-33 a council employee employed in a "bona fide executive,
2-34 administrative, or professional capacity," as that phrase is used
2-35 for purposes of establishing an exemption to the overtime
2-36 provisions of the federal Fair Labor Standards Act of 1938 (29
2-37 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
2-38 (1) the person is an officer, employee, or paid
2-39 consultant of a Texas trade association in the field of early
2-40 childhood intervention; or
2-41 (2) the person's spouse is an officer, manager, or
2-42 paid consultant of a Texas trade association in the field of early
2-43 childhood intervention.
2-44 (c) A person may not be a member of the board or act as the
2-45 general counsel to the board or the council if the person is
2-46 required to register as a lobbyist under Chapter 305, Government
2-47 Code, because of the person's activities for compensation on behalf
2-48 of a profession related to the operation of the council.
2-49 Sec. 73.0025. COMPLAINT PROCESS. (a) The board shall
2-50 develop a method for responding to complaints regarding services
2-51 provided by the council.
2-52 (b) The council shall maintain a file on each written
2-53 complaint filed with the council. The file must include;
2-54 (1) the name of the person who filed the complaint;
2-55 (2) the date the complaint is received by the council;
2-56 (3) the subject matter of the complaint;
2-57 (4) the name of each person contacted in relation to
2-58 the complaint;
2-59 (5) a summary of the results of the review or
2-60 investigation of the complaint; and
2-61 (6) an explanation of the reason the file was closed,
2-62 if the council closed the file without taking action other than to
2-63 investigate the complaint.
2-64 (c) The council shall provide to the person filing the
2-65 complaint and to each person who is a subject of the complaint a
2-66 copy of the council's policies and procedures relating to complaint
2-67 investigation and resolution.
2-68 (d) The council, at least quarterly until final disposition
2-69 of the complaint, shall notify the person filing the complaint and
3-1 each person who is a subject of the complaint of the status of the
3-2 investigation unless the notice would jeopardize an undercover
3-3 investigation.
3-4 SECTION 5. Section 73.0051, Human Resources Code, is amended
3-5 by amending Subsections (d), (f), and (i) and adding Subsection (k)
3-6 to read as follows:
3-7 (d) The council shall periodically monitor program
3-8 activities and fiscal performance of the entities funded under this
3-9 chapter to:
3-10 (1) determine compliance with federal and state
3-11 requirements;
3-12 (2) assess the performance of the entities in
3-13 identifying children under three years of age with developmental
3-14 delay in populations at risk of developmental delay; and
3-15 (3) issue reports regarding program monitoring.
3-16 (f) The council shall:
3-17 (1) cooperate with the Health and Human Services
3-18 Commission and other local, state, and federal agencies in the
3-19 strategic planning, funding, delivery, and monitoring of services
3-20 authorized under this chapter; and
3-21 (2) jointly with the Department of Protective and
3-22 Regulatory Services develop and implement policies applicable to
3-23 providers of services authorized under this chapter in situations
3-24 involving service recipients who are vulnerable to abuse or
3-25 neglect.
3-26 (i) The council shall include parents when deciding the
3-27 appropriate treatment for the needs of their child or children.
3-28 After establishing an initial and ongoing treatment plan for a
3-29 child, the council shall ensure that the child's parents continue
3-30 to be included in all decisions relating to the services provided
3-31 to the child, including the determination of the most appropriate
3-32 setting for the child to receive services. The council shall
3-33 ensure that a child's parents receive written notification of the
3-34 progress toward meeting the child's treatment plan. The
3-35 notification must include details to assist parents in meeting the
3-36 child's treatment goals.
3-37 (k) The council shall cooperate with the Health and Human
3-38 Services Commission to select an appropriate automated system or
3-39 systems currently used by a state agency to plan, manage, and
3-40 maintain records of client services. If cost-effective, the
3-41 council may use the automated system or systems to carry out other
3-42 appropriate council administrative functions.
3-43 SECTION 6. Section 73.0052, Human Resources Code, is amended
3-44 by amending Subsection (a) and adding Subsection (h) to read as
3-45 follows:
3-46 (a) The executive director or the executive director's
3-47 designee [board] shall provide to [its] members of the board and to
3-48 the employees of the council, as often as necessary, information
3-49 regarding the requirements for office or employment [their
3-50 qualifications] under this chapter, including information regarding
3-51 a person's [and their] responsibilities under applicable laws
3-52 relating to standards of conduct for state officers or employees.
3-53 (h) The board shall develop and implement policies that
3-54 clearly separate the policymaking responsibilities of the board and
3-55 the management responsibilities of the executive director and the
3-56 staff of the council.
3-57 SECTION 7. Section 73.008, Human Resources Code, is amended
3-58 to read as follows:
3-59 Sec. 73.008. EARLY IDENTIFICATION STRATEGY. (a) The
3-60 council shall develop and implement a statewide strategy for:
3-61 (1) the early identification of children under three
3-62 years of age with developmental delay; [and]
3-63 (2) improving the early identification of children
3-64 under three years of age with developmental delay in populations at
3-65 risk of developmental delay, through measures such as:
3-66 (A) targeting at-risk populations and
3-67 appropriate geographical regions; and
3-68 (B) monitoring the performance of providers of
3-69 services authorized under this chapter in identifying those
4-1 children; and
4-2 (3) the coordination of programs with other agencies
4-3 serving children with developmental delay, including the
4-4 coordination of policy issues that affect children with
4-5 developmental delay who are three years of age or older.
4-6 (b) The strategy must include plans to:
4-7 (1) incorporate, strengthen, and expand similar
4-8 existing local efforts;
4-9 (2) incorporate, and coordinate screening services
4-10 currently provided through a public agency; [and]
4-11 (3) establish a liaison with primary referral sources,
4-12 including hospitals, physicians, public health facilities, and
4-13 day-care facilities, to encourage referrals of children with
4-14 developmental delay; and
4-15 (4) provide active leadership in addressing issues
4-16 affecting the effectiveness of services for children with
4-17 developmental delay, including issues such as the provision of
4-18 respite care and development of incentives to encourage provision
4-19 of respite care by providers of services authorized under this
4-20 chapter.
4-21 SECTION 8. Chapter 73, Human Resources Code, is amended by
4-22 adding Section 73.011 to read as follows:
4-23 Sec. 73.011. PROVIDER SELECTION. (a) The council shall
4-24 select providers of services authorized under this chapter on a
4-25 best value basis in a manner that:
4-26 (1) maximizes federal, private, and local sources of
4-27 funding; and
4-28 (2) promotes competition when possible.
4-29 (b) The council shall determine best value as required by
4-30 Subsection (a) when the council initially awards a contract to a
4-31 provider and when the council considers renewal of a provider's
4-32 contract.
4-33 (c) In determining whether a provider will provide best
4-34 value to the council, the council shall consider:
4-35 (1) the past performance of the provider;
4-36 (2) the quality of the provider's services;
4-37 (3) the cost of the provider's services;
4-38 (4) the ability of the provider to maximize federal,
4-39 private, and local sources of funding;
4-40 (5) the ability of the provider to comply with state
4-41 and federal program requirements;
4-42 (6) the availability of the provider to deliver
4-43 required services; and
4-44 (7) any other relevant factor.
4-45 SECTION 9. Section 73.022(a), Human Resources Code, is
4-46 amended to read as follows:
4-47 (a) The council shall:
4-48 (1) ensure compliance with requirements necessary to
4-49 obtain federal funds in the maximum amount and the most
4-50 advantageous proportions possible;
4-51 (2) seek funding in a manner that maximizes the total
4-52 amount of money available from federal, private, and local sources
4-53 for programs funded under this chapter;
4-54 (3) apply for, receive, administer, and spend federal
4-55 and state funds for Subchapter III [VIII], Individuals with
4-56 Disabilities Education Act (IDEA) (20 U.S.C. Section 1431 [1471] et
4-57 seq.), and its subsequent amendments, dealing with infants and
4-58 toddlers from birth to age three with developmental delay and their
4-59 families; and
4-60 (4) [(3)] authorize and account for the classification
4-61 and spending of maintenance of effort and carryover funds from all
4-62 sources in carrying out the programs funded under this chapter.
4-63 SECTION 10. Section 73.023, Human Resources Code, is amended
4-64 to read as follows:
4-65 Sec. 73.023. APPLICATION OF SUNSET ACT. The Interagency
4-66 Council on Early Childhood Intervention is subject to Chapter 325,
4-67 Government Code (Texas Sunset Act). Unless continued in existence
4-68 as provided by that chapter, the council is abolished on September
4-69 1, 2011 [1999].
5-1 SECTION 11. (a) The Interagency Council on Early Childhood
5-2 Intervention shall review the council's delivery system of services
5-3 for children with developmental delay and make recommendations for
5-4 improving service delivery. The recommendations must include
5-5 provisions designed to improve the ability of local service
5-6 providers to achieve council objectives, including:
5-7 (1) improved identification of children under the age
5-8 of three years with developmental delay in populations at risk of
5-9 developmental delay; and
5-10 (2) increased access to respite care.
5-11 (b) Not later than December 1, 2000, the Interagency Council
5-12 on Early Childhood Intervention shall submit to the governor and
5-13 the legislature a report on the review and recommendations required
5-14 by this section.
5-15 SECTION 12. (a) The Health and Human Services Commission
5-16 and the Interagency Council on Early Childhood Intervention shall
5-17 review the system used by the council to fund programs under
5-18 Chapter 73, Human Resources Code, and make recommendations for
5-19 maximizing money available for the programs from federal, private,
5-20 and local sources.
5-21 (b) Not later than December 1, 2000, the Health and Human
5-22 Services Commission and the Interagency Council on Early Childhood
5-23 Intervention shall submit to the governor and the legislature a
5-24 report on the review and recommendations required by this section.
5-25 SECTION 13. Not later than March 1, 2000, the Interagency
5-26 Council on Early Childhood Intervention shall:
5-27 (1) develop a plan and implementation schedule
5-28 relating to the use of the appropriate system or systems required
5-29 under Section 73.0051(k), Human Resources Code, as added by this
5-30 Act; and
5-31 (2) submit a report on the plan and implementation
5-32 schedule required by Subdivision (1) of this section to the Health
5-33 and Human Services Commission, the legislature, and any legislative
5-34 oversight committee with jurisdiction over the council.
5-35 SECTION 14. (a) This Act takes effect September 1, 1999.
5-36 (b) The changes in law made by this Act in the
5-37 qualifications of, and the prohibitions applying to, members of the
5-38 board of the Interagency Council on Early Childhood Intervention do
5-39 not affect the entitlement of a member serving on the board
5-40 immediately before September 1, 1999, to continue to carry out the
5-41 functions of the board for the remainder of the member's term. The
5-42 changes in law apply only to a member appointed on or after
5-43 September 1, 1999. This Act does not prohibit a person who is a
5-44 member of the board on September 1, 1999, from being reappointed to
5-45 the board if the person has the qualifications required for a
5-46 member under Chapter 73, Human Resources Code, as amended by this
5-47 Act.
5-48 SECTION 15. The importance of this legislation and the
5-49 crowded condition of the calendars in both houses create an
5-50 emergency and an imperative public necessity that the
5-51 constitutional rule requiring bills to be read on three several
5-52 days in each house be suspended, and this rule is hereby suspended.
5-53 * * * * *