1-1 AN ACT
1-2 relating to the continuation, functions, and change of the name of
1-3 the Texas Planning Council for Developmental Disabilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 112.001, Human Resources Code, is amended
1-6 to read as follows:
1-7 Sec. 112.001. DEFINITIONS. In this chapter:
1-8 (1) "Council" means the Texas [Planning] Council for
1-9 Developmental Disabilities.
1-10 (2) "Designated state [Administering] agency" means
1-11 the executive agency designated by the governor to provide
1-12 administrative support and fiscal management services to the
1-13 council in accordance with [administer appropriations under the
1-14 developmental disabilities program established by] this chapter and
1-15 federal law.
1-16 (3) "Developmental disability" means a severe, chronic
1-17 disability as defined by applicable federal developmental
1-18 disability laws.
1-19 (4) "Applicable federal developmental disability laws"
1-20 refers to the various Acts of congress providing for assistance and
1-21 services to persons with developmental disabilities [the
1-22 developmentally disabled] and codified as 42 U.S.C. [USCA, Chapter
1-23 75,] Section 6000 et seq.
1-24 (5) ["Facility for persons with developmental
2-1 disabilities" means a facility, or a specified portion of a
2-2 facility, that is designed primarily for the delivery of one or
2-3 more services to persons with one or more developmental
2-4 disabilities, as those terms are defined in the applicable federal
2-5 developmental disabilities laws.]
2-6 [(6)] "Protection and advocacy system" means the
2-7 system established in this state under the applicable federal
2-8 developmental disabilities laws for the purpose of advocating for
2-9 and protecting the rights of persons with developmental
2-10 disabilities.
2-11 SECTION 2. Section 112.014(a), Human Resources Code, is
2-12 amended to read as follows:
2-13 (a) A position on the council becomes vacant if:
2-14 (1) a member resigns from the council by providing
2-15 written notice to the chair; or
2-16 (2) a member ceases to be a resident of this state[;
2-17 or]
2-18 [(3) a member misses three consecutive regular or
2-19 special council meetings].
2-20 SECTION 3. The heading of Subchapter B, Chapter 112, Human
2-21 Resources Code, is amended to read as follows:
2-22 SUBCHAPTER B. TEXAS [PLANNING] COUNCIL FOR DEVELOPMENTAL
2-23 DISABILITIES
2-24 SECTION 4. Subchapter B, Chapter 112, Human Resources Code,
2-25 is amended by amending Sections 112.011, 112.012, 112.015, 112.018,
2-26 112.019, 112.020, and 112.023 and adding Sections 112.0111,
2-27 112.0161, 112.0162, 112.0163, 112.0201, 112.022, and 112.0221 to
3-1 read as follows:
3-2 Sec. 112.011. ESTABLISHMENT. The Texas [Planning] Council
3-3 for Developmental Disabilities is established.
3-4 Sec. 112.0111. DEFINITION. In this subchapter, "executive
3-5 director" means the executive director of the council.
3-6 Sec. 112.012. MEMBERS. The members of the council shall be
3-7 appointed by the governor in accordance with applicable federal
3-8 developmental disability laws. Appointments to the council shall
3-9 be made without regard to:
3-10 (1) the race, color, sex, religion, age, or national
3-11 origin of the appointees; or
3-12 (2) the disability of the appointees, except as
3-13 required by applicable federal developmental disability laws.
3-14 Sec. 112.015. EXPENSES. (a) Council members appointed
3-15 under Section 112.012 [112.012(c) or (d) of this code] serve
3-16 without salary but are entitled to reimbursement for actual
3-17 expenses incurred in performing their duties, including travel,
3-18 meals, lodging, and telephone long-distance charges.
3-19 (b) Members of the council who have a disability [are
3-20 disabled] and who, because of the disability, require special aids
3-21 or travel companions are entitled to reimbursement for those costs.
3-22 Sec. 112.0161. CONFLICTS OF INTEREST. (a) In this section,
3-23 "Texas trade association" means a cooperative and voluntarily
3-24 joined association of business or professional competitors in this
3-25 state designed to assist its members and its industry or profession
3-26 in dealing with mutual business or professional problems and in
3-27 promoting their common interest.
4-1 (b) A person may not be a member of the council and may not
4-2 be a council employee employed in a "bona fide executive,
4-3 administrative, or professional capacity," as that phrase is used
4-4 for purposes of establishing an exemption to the overtime
4-5 provisions of the federal Fair Labor Standards Act of 1938 (29
4-6 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
4-7 (1) the person is an officer, employee, or paid
4-8 consultant of a Texas trade association in the field of
4-9 developmental disabilities; or
4-10 (2) the person's spouse is an officer, manager, or
4-11 paid consultant of a Texas trade association in the field of
4-12 developmental disabilities.
4-13 (c) Unless otherwise required by applicable federal
4-14 developmental disability laws, a person may not be a member of the
4-15 council or act as the general counsel to the council if the person
4-16 is required to register as a lobbyist under Chapter 305,
4-17 Government Code, because of the person's activities for
4-18 compensation on behalf of a profession related to the operation of
4-19 the council.
4-20 Sec. 112.0162. REMOVAL OF COUNCIL MEMBER. (a) It is a
4-21 ground for removal from the council that a member:
4-22 (1) does not have at the time of taking office the
4-23 qualifications required by applicable federal developmental
4-24 disability laws;
4-25 (2) is ineligible for membership under Section
4-26 112.0161;
4-27 (3) fails to discharge the member's duties for a
5-1 substantial part of the member's term; or
5-2 (4) is absent from more than half of the regularly
5-3 scheduled council meetings that the member is eligible to attend
5-4 during a calendar year without an excuse approved by a majority
5-5 vote of the council.
5-6 (b) The validity of an action of the council is not affected
5-7 by the fact that it is taken when a ground for removal of a council
5-8 member exists.
5-9 (c) If the executive director has knowledge that a potential
5-10 ground for removal exists, the executive director shall notify the
5-11 presiding officer of the council of the potential ground. The
5-12 presiding officer shall then notify the governor and the attorney
5-13 general that a potential ground for removal exists. If the
5-14 potential ground for removal involves the presiding officer, the
5-15 executive director shall notify the next highest ranking officer of
5-16 the council, who shall then notify the governor and the attorney
5-17 general that a potential ground for removal exists.
5-18 Sec. 112.0163. COUNCIL MEMBER TRAINING. (a) A person who
5-19 is appointed to and qualifies for office as a member of the council
5-20 may not vote, deliberate, or be counted as a member in attendance
5-21 at a meeting of the council until the person completes a training
5-22 program that complies with this section.
5-23 (b) The training program must provide the person with
5-24 information regarding:
5-25 (1) the legislation that created the council;
5-26 (2) the programs operated by the council;
5-27 (3) the role and functions of the designated state
6-1 agency and council under this chapter and applicable federal
6-2 developmental disability laws;
6-3 (4) the rules of the council, with an emphasis on the
6-4 rules that relate to disciplinary and investigatory authority;
6-5 (5) the current budget for the council;
6-6 (6) the results of the most recent formal audit of the
6-7 council;
6-8 (7) the requirements of:
6-9 (A) the open meetings law, Chapter 551,
6-10 Government Code;
6-11 (B) the public information law, Chapter 552,
6-12 Government Code;
6-13 (C) the administrative procedure law, Chapter
6-14 2001, Government Code; and
6-15 (D) other laws relating to public officials,
6-16 including conflict of interest laws; and
6-17 (8) any applicable ethics policies adopted by the
6-18 council or the Texas Ethics Commission.
6-19 (c) A person appointed to the council is entitled to
6-20 reimbursement, as provided by the General Appropriations Act, for
6-21 the travel expenses incurred in attending the training program
6-22 regardless of whether the attendance at the program occurs before
6-23 or after the person qualifies for office.
6-24 Sec. 112.018. DESIGNATED STATE [ADMINISTERING] AGENCY. (a)
6-25 The governor shall designate, by executive order, a state agency to
6-26 provide administrative support to the council and receive [and
6-27 administer] federal and state funds appropriated for the council.
7-1 In accordance with federal law, the governor may select one of the
7-2 following to serve as the designated state agency:
7-3 (1) the council;
7-4 (2) a state agency that does not provide or pay for
7-5 services made available to persons with developmental disabilities;
7-6 (3) a state agency that provides or pays for services
7-7 made available to persons with developmental disabilities if the
7-8 state agency was designated by the governor under this section
7-9 before June 30, 1994, and the governor has not changed the
7-10 designation;
7-11 (4) a state office, including the office of the
7-12 governor; or
7-13 (5) a state planning office [developmental
7-14 disabilities program established by this chapter and federal law].
7-15 (b) The designated state [administering] agency shall
7-16 receive, deposit, and disburse funds for the council [developmental
7-17 disabilities program] in accordance with this chapter, applicable
7-18 federal developmental disability laws [law], and the purposes and
7-19 priorities established by the council in the state plan developed
7-20 under Section 112.019 [of this code].
7-21 (c) The designated state [administering] agency, in
7-22 accordance with state law and procedures, [shall make the final
7-23 decision regarding the award of grants under this chapter and]
7-24 shall provide for fiscal control and fund-accounting procedures
7-25 necessary to assure the proper disbursement of and accounting for
7-26 [grant] funds available to the council.
7-27 (d) Unless the council is serving as the designated state
8-1 agency, the council [The administering agency] shall enter into a
8-2 memorandum of understanding with the designated state agency that
8-3 delineates the roles and responsibilities of the designated state
8-4 agency under this chapter [provide staff to be assigned to assist
8-5 the council. The administering agency shall, within the
8-6 limitations of appropriations, set aside funds necessary to
8-7 adequately staff the council so that the council may perform its
8-8 duties].
8-9 (e) [The administering agency shall negotiate a written
8-10 management agreement with the council that must be approved by the
8-11 council and by the governing board of the administering agency.
8-12 The council and the administering agency shall review the
8-13 management agreement annually. The management agreement must:]
8-14 [(1) identify the number and positions of staff to be
8-15 assigned to the council;]
8-16 [(2) specify that the executive director of the
8-17 developmental disabilities program is responsible to the council
8-18 and that the staff is responsible to the executive director; and]
8-19 [(3) comply with this chapter.]
8-20 [(f)] The designated state [administering] agency may adopt
8-21 rules as necessary to implement the agency's duties under [for the
8-22 operation of] this chapter and [for compliance and implementation
8-23 of] applicable federal developmental disability laws.
8-24 (f) A designated state agency may not assign duties to staff
8-25 of the council unless the council is serving as the designated
8-26 state agency.
8-27 Sec. 112.019. STATE PLAN FOR DEVELOPMENTAL DISABILITIES.
9-1 (a) The council shall develop and submit [jointly with the
9-2 administering agency] the state plan for persons with developmental
9-3 disabilities. The plan must conform to applicable federal
9-4 developmental disability laws.
9-5 (b) Unless the council is serving as the designated state
9-6 agency, the council shall consult with the designated state agency
9-7 before submitting the state plan required by this section solely
9-8 to:
9-9 (1) obtain appropriate assurances with respect to the
9-10 plan as required by federal law; and
9-11 (2) ensure that the plan is consistent with state law.
9-12 Sec. 112.020. ADDITIONAL COUNCIL POWERS AND DUTIES. (a) In
9-13 addition to powers and duties derived by the council from
9-14 applicable federal developmental disability laws or other
9-15 provisions of this chapter, the council shall:
9-16 (1) undertake at the request of the governor and the
9-17 legislature activities appropriate to the achievement of
9-18 legislative and executive functions relating to persons with
9-19 developmental disabilities or other disabling [handicapping]
9-20 conditions; [and]
9-21 (2) submit to the governor, legislature, and other
9-22 appropriate state and federal authorities periodic reports on the
9-23 council's responsibilities and performance;
9-24 (3) develop and implement policies that clearly
9-25 separate the policymaking responsibilities of the council and the
9-26 management responsibilities of the executive director and the staff
9-27 of the council; and
10-1 (4) develop and implement policies that provide the
10-2 public with a reasonable opportunity to appear before the council
10-3 and to speak on any issue under the jurisdiction of the council.
10-4 (b) The council may:
10-5 (1) adopt rules as necessary to implement the
10-6 council's duties and responsibilities under this chapter and
10-7 applicable federal developmental disability laws;
10-8 (2) approve and execute an annual budget for council
10-9 activities under this chapter that is consistent with applicable
10-10 federal developmental disability laws; and
10-11 (3) contract with or provide grants to agencies,
10-12 organizations, or individuals as necessary to implement council
10-13 activities under this chapter.
10-14 Sec. 112.0201. COMPLAINTS. (a) The council shall maintain
10-15 a file on each written complaint filed with the council. The file
10-16 must include:
10-17 (1) the name of the person who filed the complaint;
10-18 (2) the date the complaint is received by the council;
10-19 (3) the subject matter of the complaint;
10-20 (4) the name of each person contacted in relation to
10-21 the complaint;
10-22 (5) a summary of the results of the review or
10-23 investigation of the complaint; and
10-24 (6) an explanation of the reason the file was closed,
10-25 if the council closed the file without taking action other than to
10-26 investigate the complaint.
10-27 (b) The council shall provide to the person filing the
11-1 complaint and to each person who is a subject of the complaint a
11-2 copy of the council's policies and procedures relating to complaint
11-3 investigation and resolution.
11-4 (c) The council, at least quarterly and until final
11-5 disposition of the complaint, shall notify the person filing the
11-6 complaint and each person who is a subject of the complaint of the
11-7 status of the investigation unless the notice would jeopardize an
11-8 undercover investigation.
11-9 Sec. 112.022. EXECUTIVE DIRECTOR. (a) The council shall
11-10 hire an executive director in accordance with 42 U.S.C. Section
11-11 6024(c) and its subsequent amendments to carry out the policies and
11-12 activities established by the council.
11-13 (b) The executive director shall hire and supervise
11-14 necessary staff who will be responsible solely for carrying out
11-15 activities designated by the council and consistent with:
11-16 (1) applicable federal developmental disability laws;
11-17 and
11-18 (2) this chapter.
11-19 (c) The executive director or the executive director's
11-20 designee shall provide to members of the council and to council
11-21 employees, as often as necessary, information regarding the
11-22 requirements for office or employment under this subchapter,
11-23 including information regarding a person's responsibilities under
11-24 applicable laws relating to standards of conduct for state officers
11-25 or employees.
11-26 Sec. 112.0221. EQUAL EMPLOYMENT OPPORTUNITY POLICY.
11-27 (a) The executive director or the executive director's designee
12-1 shall prepare and maintain a written policy statement that
12-2 implements a program of equal employment opportunity to ensure that
12-3 all personnel decisions are made without regard to race, color,
12-4 disability, sex, religion, age, or national origin.
12-5 (b) The policy statement must include:
12-6 (1) personnel policies, including policies relating to
12-7 recruitment, evaluation, selection, training, and promotion of
12-8 personnel, that show the intent of the council to avoid the
12-9 unlawful employment practices described by Chapter 21, Labor Code;
12-10 and
12-11 (2) an analysis of the extent to which the composition
12-12 of the council's personnel is in accordance with state and federal
12-13 law and a description of reasonable methods to achieve compliance
12-14 with state and federal law.
12-15 (c) The policy statement must:
12-16 (1) be updated annually;
12-17 (2) be reviewed by the state Commission on Human
12-18 Rights for compliance with Subsection (b)(1); and
12-19 (3) be filed with the governor's office.
12-20 Sec. 112.023. SUNSET PROVISION. The Texas [Planning]
12-21 Council for Developmental Disabilities is subject to Chapter 325,
12-22 Government Code (Texas Sunset Act). Unless continued in existence
12-23 as provided by that chapter, the council is abolished and this
12-24 chapter expires September 1, 2011 [1999].
12-25 SECTION 5. Section 614.002(c), Health and Safety Code, is
12-26 amended to read as follows:
12-27 (c) The executive head of each of the following agencies,
13-1 divisions of agencies, or associations, or that person's designated
13-2 representative, shall serve as a member of the council:
13-3 (1) the institutional division of the Texas Department
13-4 of Criminal Justice;
13-5 (2) the Texas Department of Mental Health and Mental
13-6 Retardation;
13-7 (3) the pardons and paroles division of the Texas
13-8 Department of Criminal Justice;
13-9 (4) the community justice assistance division of the
13-10 Texas Department of Criminal Justice;
13-11 (5) the state jail division of the Texas Department of
13-12 Criminal Justice;
13-13 (6) the Texas Juvenile Probation Commission;
13-14 (7) the Texas Youth Commission;
13-15 (8) the Texas Rehabilitation Commission;
13-16 (9) the Texas Education Agency;
13-17 (10) the Criminal Justice Policy Council;
13-18 (11) the Mental Health Association in Texas;
13-19 (12) the Texas Commission on Alcohol and Drug Abuse;
13-20 (13) the Commission on Law Enforcement Officer
13-21 Standards and Education;
13-22 (14) the Texas Council of Community Mental Health and
13-23 Mental Retardation Centers;
13-24 (15) the Commission on Jail Standards;
13-25 (16) the Texas [Planning] Council for Developmental
13-26 Disabilities;
13-27 (17) the Texas Association for Retarded Citizens;
14-1 (18) the Texas Alliance for the Mentally Ill;
14-2 (19) the Parent Association for the Retarded of Texas,
14-3 Inc.;
14-4 (20) the Texas Department of Human Services; and
14-5 (21) the Texas Department on Aging.
14-6 SECTION 6. (a) Notwithstanding the options available under
14-7 Section 112.018(a), Human Resources Code, as amended by this Act,
14-8 and not later than October 1, 1999, the governor may change the
14-9 designation of the designated state agency under Section 112.018,
14-10 Human Resources Code, as amended by this Act, to the Health and
14-11 Human Services Commission or other state agency if the governor
14-12 determines the commission or agency meets the criteria of Section
14-13 112.018(a)(1), (2), (4) or (5), Human Resources Code, as amended by
14-14 this Act.
14-15 (b) A change in the designation of the designated state
14-16 agency under Section 112.018, Human Resources Code, as amended by
14-17 this Act, that is made after the change in designation allowed by
14-18 Subsection (a) shall be made in accordance with the law as it
14-19 exists on the date on which the change is made.
14-20 SECTION 7. (a) The name of the Texas Planning Council for
14-21 Developmental Disabilities is changed to the Texas Council for
14-22 Developmental Disabilities. Any reference in the law to the Texas
14-23 Planning Council for Developmental Disabilities means the Texas
14-24 Council for Developmental Disabilities.
14-25 (b) Before using new stationery or other supplies printed
14-26 with the council's name as changed by this Act, the Texas Council
14-27 for Developmental Disabilities shall use all stationery and other
15-1 supplies that are printed with the council's former name and that
15-2 are in its possession on the effective date of this Act.
15-3 (c) The validity of a procedure adopted or other action
15-4 taken by or in connection with the authority of the Texas Planning
15-5 Council for Developmental Disabilities before the change of its
15-6 name under Subsection (a) of this section is not affected by this
15-7 Act. To the extent those actions continue to have any effect on or
15-8 after the effective date of this Act, they are considered to be the
15-9 actions of the Texas Council for Developmental Disabilities.
15-10 (d) Any appropriation made to the Texas Planning Council for
15-11 Developmental Disabilities is available to the council under its
15-12 name as changed by this Act.
15-13 SECTION 8. On the effective date of this Act, a rule that
15-14 was previously adopted by the Texas Rehabilitation Commission under
15-15 Section 112.018, Human Resources Code, as that section existed
15-16 before amendment by this Act, and that is in effect immediately
15-17 before the effective date of this Act, other than a rule relating
15-18 to the implementation of the responsibilities of the commission
15-19 under Section 112.018(a), (b), or (c), Human Resources Code, as
15-20 amended by this Act, becomes a rule of the Texas Council for
15-21 Developmental Disabilities and remains in effect until amended or
15-22 repealed by the council.
15-23 SECTION 9. As soon as practicable after the effective date
15-24 of this Act, the designated state agency and the Texas Council for
15-25 Developmental Disabilities shall enter into the memorandum of
15-26 understanding required by Section 112.018(d), Human Resources Code,
15-27 as amended by this Act. The management agreement executed by the
16-1 agency and council under Section 112.018(e), Human Resources Code,
16-2 as that section existed before amendment by this Act, terminates on
16-3 the date on which the memorandum of understanding is executed by
16-4 the agency and the council.
16-5 SECTION 10. (a) This Act takes effect September 1, 1999.
16-6 (b) The changes in law made by this Act in the prohibitions
16-7 applying to members of the Texas Council for Developmental
16-8 Disabilities do not affect the entitlement of a member serving on
16-9 the council immediately before September 1, 1999, to continue to
16-10 carry out the functions of the council for the remainder of the
16-11 member's term. The changes in law apply only to a member appointed
16-12 on or after September 1, 1999. This Act does not prohibit a person
16-13 who is a member of the council on September 1, 1999, from being
16-14 reappointed to the council if the person has the qualifications
16-15 required of a member under Chapter 112, Human Resources Code, as
16-16 amended by this Act.
16-17 SECTION 11. The importance of this legislation and the
16-18 crowded condition of the calendars in both houses create an
16-19 emergency and an imperative public necessity that the
16-20 constitutional rule requiring bills to be read on three several
16-21 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. 1610 was passed by the House on April
7, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1610 on April 28, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1610 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