1-1 By: McCall, et al. (Senate Sponsor - Zaffirini) H.B. No. 1610
1-2 (In the Senate - Received from the House April 8, 1999;
1-3 April 9, 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. 1610 By: Zaffirini
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the continuation, functions, and change of the name of
1-11 the Texas Planning Council for Developmental Disabilities.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 112.001, Human Resources Code, is amended
1-14 to read as follows:
1-15 Sec. 112.001. DEFINITIONS. In this chapter:
1-16 (1) "Council" means the Texas [Planning] Council for
1-17 Developmental Disabilities.
1-18 (2) "Designated state [Administering] agency" means
1-19 the executive agency designated by the governor to provide
1-20 administrative support and fiscal management services to the
1-21 council in accordance with [administer appropriations under the
1-22 developmental disabilities program established by] this chapter and
1-23 federal law.
1-24 (3) "Developmental disability" means a severe, chronic
1-25 disability as defined by applicable federal developmental
1-26 disability laws.
1-27 (4) "Applicable federal developmental disability laws"
1-28 refers to the various Acts of congress providing for assistance and
1-29 services to persons with developmental disabilities [the
1-30 developmentally disabled] and codified as 42 U.S.C. [USCA, Chapter
1-31 75,] Section 6000 et seq.
1-32 (5) ["Facility for persons with developmental
1-33 disabilities" means a facility, or a specified portion of a
1-34 facility, that is designed primarily for the delivery of one or
1-35 more services to persons with one or more developmental
1-36 disabilities, as those terms are defined in the applicable federal
1-37 developmental disabilities laws.]
1-38 [(6)] "Protection and advocacy system" means the
1-39 system established in this state under the applicable federal
1-40 developmental disabilities laws for the purpose of advocating for
1-41 and protecting the rights of persons with developmental
1-42 disabilities.
1-43 SECTION 2. Section 112.014(a), Human Resources Code, is
1-44 amended to read as follows:
1-45 (a) A position on the council becomes vacant if:
1-46 (1) a member resigns from the council by providing
1-47 written notice to the chair; or
1-48 (2) a member ceases to be a resident of this state[;
1-49 or]
1-50 [(3) a member misses three consecutive regular or
1-51 special council meetings].
1-52 SECTION 3. The heading of Subchapter B, Chapter 112, Human
1-53 Resources Code, is amended to read as follows:
1-54 SUBCHAPTER B. TEXAS [PLANNING] COUNCIL FOR DEVELOPMENTAL
1-55 DISABILITIES
1-56 SECTION 4. Subchapter B, Chapter 112, Human Resources Code,
1-57 is amended by amending Sections 112.011, 112.012, 112.015, 112.018,
1-58 112.019, 112.020, and 112.023 and adding Sections 112.0111,
1-59 112.0161, 112.0162, 112.0163, 112.0201, 112.022, and 112.0221 to
1-60 read as follows:
1-61 Sec. 112.011. ESTABLISHMENT. The Texas [Planning] Council
1-62 for Developmental Disabilities is established.
1-63 Sec. 112.0111. DEFINITION. In this subchapter, "executive
1-64 director" means the executive director of the council.
2-1 Sec. 112.012. MEMBERS. The members of the council shall be
2-2 appointed by the governor in accordance with applicable federal
2-3 developmental disability laws. Appointments to the council shall
2-4 be made without regard to:
2-5 (1) the race, color, sex, religion, age, or national
2-6 origin of the appointees; or
2-7 (2) the disability of the appointees, except as
2-8 required by applicable federal developmental disability laws.
2-9 Sec. 112.015. EXPENSES. (a) Council members appointed
2-10 under Section 112.012 [112.012(c) or (d) of this code] serve
2-11 without salary but are entitled to reimbursement for actual
2-12 expenses incurred in performing their duties, including travel,
2-13 meals, lodging, and telephone long-distance charges.
2-14 (b) Members of the council who have a disability [are
2-15 disabled] and who, because of the disability, require special aids
2-16 or travel companions are entitled to reimbursement for those costs.
2-17 Sec. 112.0161. CONFLICTS OF INTEREST. (a) In this section,
2-18 "Texas trade association" means a cooperative and voluntarily
2-19 joined association of business or professional competitors in this
2-20 state designed to assist its members and its industry or profession
2-21 in dealing with mutual business or professional problems and in
2-22 promoting their common interest.
2-23 (b) A person may not be a member of the council and may not
2-24 be a council employee employed in a "bona fide executive,
2-25 administrative, or professional capacity," as that phrase is used
2-26 for purposes of establishing an exemption to the overtime
2-27 provisions of the federal Fair Labor Standards Act of 1938 (29
2-28 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
2-29 (1) the person is an officer, employee, or paid
2-30 consultant of a Texas trade association in the field of
2-31 developmental disabilities; or
2-32 (2) the person's spouse is an officer, manager, or
2-33 paid consultant of a Texas trade association in the field of
2-34 developmental disabilities.
2-35 (c) Unless otherwise required by applicable federal
2-36 developmental disability laws, a person may not be a member of the
2-37 council or act as the general counsel to the council if the person
2-38 is required to register as a lobbyist under Chapter 305,
2-39 Government Code, because of the person's activities for
2-40 compensation on behalf of a profession related to the operation of
2-41 the council.
2-42 Sec. 112.0162. REMOVAL OF COUNCIL MEMBER. (a) It is a
2-43 ground for removal from the council that a member:
2-44 (1) does not have at the time of taking office the
2-45 qualifications required by applicable federal developmental
2-46 disability laws;
2-47 (2) is ineligible for membership under Section
2-48 112.0161;
2-49 (3) fails to discharge the member's duties for a
2-50 substantial part of the member's term; or
2-51 (4) is absent from more than half of the regularly
2-52 scheduled council meetings that the member is eligible to attend
2-53 during a calendar year without an excuse approved by a majority
2-54 vote of the council.
2-55 (b) The validity of an action of the council is not affected
2-56 by the fact that it is taken when a ground for removal of a council
2-57 member exists.
2-58 (c) If the executive director has knowledge that a potential
2-59 ground for removal exists, the executive director shall notify the
2-60 presiding officer of the council of the potential ground. The
2-61 presiding officer shall then notify the governor and the attorney
2-62 general that a potential ground for removal exists. If the
2-63 potential ground for removal involves the presiding officer, the
2-64 executive director shall notify the next highest ranking officer of
2-65 the council, who shall then notify the governor and the attorney
2-66 general that a potential ground for removal exists.
2-67 Sec. 112.0163. COUNCIL MEMBER TRAINING. (a) A person who
2-68 is appointed to and qualifies for office as a member of the council
2-69 may not vote, deliberate, or be counted as a member in attendance
3-1 at a meeting of the council until the person completes a training
3-2 program that complies with this section.
3-3 (b) The training program must provide the person with
3-4 information regarding:
3-5 (1) the legislation that created the council;
3-6 (2) the programs operated by the council;
3-7 (3) the role and functions of the designated state
3-8 agency and council under this chapter and applicable federal
3-9 developmental disability laws;
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 council is entitled to
3-27 reimbursement, as provided by the General Appropriations Act, for
3-28 the travel expenses incurred in attending the training program
3-29 regardless of whether the attendance at the program occurs before
3-30 or after the person qualifies for office.
3-31 Sec. 112.018. DESIGNATED STATE [ADMINISTERING] AGENCY. (a)
3-32 The governor shall designate, by executive order, a state agency to
3-33 provide administrative support to the council and receive [and
3-34 administer] federal and state funds appropriated for the council.
3-35 In accordance with federal law, the governor may select one of the
3-36 following to serve as the designated state agency:
3-37 (1) the council;
3-38 (2) a state agency that does not provide or pay for
3-39 services made available to persons with developmental disabilities;
3-40 (3) a state agency that provides or pays for services
3-41 made available to persons with developmental disabilities if the
3-42 state agency was designated by the governor under this section
3-43 before June 30, 1994, and the governor has not changed the
3-44 designation;
3-45 (4) a state office, including the office of the
3-46 governor; or
3-47 (5) a state planning office [developmental
3-48 disabilities program established by this chapter and federal law].
3-49 (b) The designated state [administering] agency shall
3-50 receive, deposit, and disburse funds for the council [developmental
3-51 disabilities program] in accordance with this chapter, applicable
3-52 federal developmental disability laws [law], and the purposes and
3-53 priorities established by the council in the state plan developed
3-54 under Section 112.019 [of this code].
3-55 (c) The designated state [administering] agency, in
3-56 accordance with state law and procedures, [shall make the final
3-57 decision regarding the award of grants under this chapter and]
3-58 shall provide for fiscal control and fund-accounting procedures
3-59 necessary to assure the proper disbursement of and accounting for
3-60 [grant] funds available to the council.
3-61 (d) Unless the council is serving as the designated state
3-62 agency, the council [The administering agency] shall enter into a
3-63 memorandum of understanding with the designated state agency that
3-64 delineates the roles and responsibilities of the designated state
3-65 agency under this chapter [provide staff to be assigned to assist
3-66 the council. The administering agency shall, within the
3-67 limitations of appropriations, set aside funds necessary to
3-68 adequately staff the council so that the council may perform its
3-69 duties].
4-1 (e) [The administering agency shall negotiate a written
4-2 management agreement with the council that must be approved by the
4-3 council and by the governing board of the administering agency.
4-4 The council and the administering agency shall review the
4-5 management agreement annually. The management agreement must:]
4-6 [(1) identify the number and positions of staff to be
4-7 assigned to the council;]
4-8 [(2) specify that the executive director of the
4-9 developmental disabilities program is responsible to the council
4-10 and that the staff is responsible to the executive director; and]
4-11 [(3) comply with this chapter.]
4-12 [(f)] The designated state [administering] agency may adopt
4-13 rules as necessary to implement the agency's duties under [for the
4-14 operation of] this chapter and [for compliance and implementation
4-15 of] applicable federal developmental disability laws.
4-16 (f) A designated state agency may not assign duties to staff
4-17 of the council unless the council is serving as the designated
4-18 state agency.
4-19 Sec. 112.019. STATE PLAN FOR DEVELOPMENTAL DISABILITIES.
4-20 (a) The council shall develop and submit [jointly with the
4-21 administering agency] the state plan for persons with developmental
4-22 disabilities. The plan must conform to applicable federal
4-23 developmental disability laws.
4-24 (b) Unless the council is serving as the designated state
4-25 agency, the council shall consult with the designated state agency
4-26 before submitting the state plan required by this section solely
4-27 to:
4-28 (1) obtain appropriate assurances with respect to the
4-29 plan as required by federal law; and
4-30 (2) ensure that the plan is consistent with state law.
4-31 Sec. 112.020. ADDITIONAL COUNCIL POWERS AND DUTIES. (a) In
4-32 addition to powers and duties derived by the council from
4-33 applicable federal developmental disability laws or other
4-34 provisions of this chapter, the council shall:
4-35 (1) undertake at the request of the governor and the
4-36 legislature activities appropriate to the achievement of
4-37 legislative and executive functions relating to persons with
4-38 developmental disabilities or other disabling [handicapping]
4-39 conditions; [and]
4-40 (2) submit to the governor, legislature, and other
4-41 appropriate state and federal authorities periodic reports on the
4-42 council's responsibilities and performance;
4-43 (3) develop and implement policies that clearly
4-44 separate the policymaking responsibilities of the council and the
4-45 management responsibilities of the executive director and the staff
4-46 of the council; and
4-47 (4) develop and implement policies that provide the
4-48 public with a reasonable opportunity to appear before the council
4-49 and to speak on any issue under the jurisdiction of the council.
4-50 (b) The council may:
4-51 (1) adopt rules as necessary to implement the
4-52 council's duties and responsibilities under this chapter and
4-53 applicable federal developmental disability laws;
4-54 (2) approve and execute an annual budget for council
4-55 activities under this chapter that is consistent with applicable
4-56 federal developmental disability laws; and
4-57 (3) contract with or provide grants to agencies,
4-58 organizations, or individuals as necessary to implement council
4-59 activities under this chapter.
4-60 Sec. 112.0201. COMPLAINTS. (a) The council shall maintain
4-61 a file on each written complaint filed with the council. The file
4-62 must include:
4-63 (1) the name of the person who filed the complaint;
4-64 (2) the date the complaint is received by the council;
4-65 (3) the subject matter of the complaint;
4-66 (4) the name of each person contacted in relation to
4-67 the complaint;
4-68 (5) a summary of the results of the review or
4-69 investigation of the complaint; and
5-1 (6) an explanation of the reason the file was closed,
5-2 if the council closed the file without taking action other than to
5-3 investigate the complaint.
5-4 (b) The council shall provide to the person filing the
5-5 complaint and to each person who is a subject of the complaint a
5-6 copy of the council's policies and procedures relating to complaint
5-7 investigation and resolution.
5-8 (c) The council, at least quarterly and until final
5-9 disposition of the complaint, shall notify the person filing the
5-10 complaint and each person who is a subject of the complaint of the
5-11 status of the investigation unless the notice would jeopardize an
5-12 undercover investigation.
5-13 Sec. 112.022. EXECUTIVE DIRECTOR. (a) The council shall
5-14 hire an executive director in accordance with 42 U.S.C. Section
5-15 6024(c) and its subsequent amendments to carry out the policies and
5-16 activities established by the council.
5-17 (b) The executive director shall hire and supervise
5-18 necessary staff who will be responsible solely for carrying out
5-19 activities designated by the council and consistent with:
5-20 (1) applicable federal developmental disability laws;
5-21 and
5-22 (2) this chapter.
5-23 (c) The executive director or the executive director's
5-24 designee shall provide to members of the council and to council
5-25 employees, as often as necessary, information regarding the
5-26 requirements for office or employment under this subchapter,
5-27 including information regarding a person's responsibilities under
5-28 applicable laws relating to standards of conduct for state officers
5-29 or employees.
5-30 Sec. 112.0221. EQUAL EMPLOYMENT OPPORTUNITY POLICY.
5-31 (a) The executive director or the executive director's designee
5-32 shall prepare and maintain a written policy statement that
5-33 implements a program of equal employment opportunity to ensure that
5-34 all personnel decisions are made without regard to race, color,
5-35 disability, sex, religion, age, or national origin.
5-36 (b) The policy statement must include:
5-37 (1) personnel policies, including policies relating to
5-38 recruitment, evaluation, selection, training, and promotion of
5-39 personnel, that show the intent of the council to avoid the
5-40 unlawful employment practices described by Chapter 21, Labor Code;
5-41 and
5-42 (2) an analysis of the extent to which the composition
5-43 of the council's personnel is in accordance with state and federal
5-44 law and a description of reasonable methods to achieve compliance
5-45 with state and federal law.
5-46 (c) The policy statement must:
5-47 (1) be updated annually;
5-48 (2) be reviewed by the state Commission on Human
5-49 Rights for compliance with Subsection (b)(1); and
5-50 (3) be filed with the governor's office.
5-51 Sec. 112.023. SUNSET PROVISION. The Texas [Planning]
5-52 Council for Developmental Disabilities is subject to Chapter 325,
5-53 Government Code (Texas Sunset Act). Unless continued in existence
5-54 as provided by that chapter, the council is abolished and this
5-55 chapter expires September 1, 2011 [1999].
5-56 SECTION 5. Section 614.002(c), Health and Safety Code, is
5-57 amended to read as follows:
5-58 (c) The executive head of each of the following agencies,
5-59 divisions of agencies, or associations, or that person's designated
5-60 representative, shall serve as a member of the council:
5-61 (1) the institutional division of the Texas Department
5-62 of Criminal Justice;
5-63 (2) the Texas Department of Mental Health and Mental
5-64 Retardation;
5-65 (3) the pardons and paroles division of the Texas
5-66 Department of Criminal Justice;
5-67 (4) the community justice assistance division of the
5-68 Texas Department of Criminal Justice;
5-69 (5) the state jail division of the Texas Department of
6-1 Criminal Justice;
6-2 (6) the Texas Juvenile Probation Commission;
6-3 (7) the Texas Youth Commission;
6-4 (8) the Texas Rehabilitation Commission;
6-5 (9) the Texas Education Agency;
6-6 (10) the Criminal Justice Policy Council;
6-7 (11) the Mental Health Association in Texas;
6-8 (12) the Texas Commission on Alcohol and Drug Abuse;
6-9 (13) the Commission on Law Enforcement Officer
6-10 Standards and Education;
6-11 (14) the Texas Council of Community Mental Health and
6-12 Mental Retardation Centers;
6-13 (15) the Commission on Jail Standards;
6-14 (16) the Texas [Planning] Council for Developmental
6-15 Disabilities;
6-16 (17) the Texas Association for Retarded Citizens;
6-17 (18) the Texas Alliance for the Mentally Ill;
6-18 (19) the Parent Association for the Retarded of Texas,
6-19 Inc.;
6-20 (20) the Texas Department of Human Services; and
6-21 (21) the Texas Department on Aging.
6-22 SECTION 6. (a) Notwithstanding the options available under
6-23 Section 112.018(a), Human Resources Code, as amended by this Act,
6-24 and not later than October 1, 1999, the governor may change the
6-25 designation of the designated state agency under Section 112.018,
6-26 Human Resources Code, as amended by this Act, to the Health and
6-27 Human Services Commission or other state agency if the governor
6-28 determines the commission or agency meets the criteria of Section
6-29 112.018(a)(1), (2), (4) or (5), Human Resources Code, as amended by
6-30 this Act.
6-31 (b) A change in the designation of the designated state
6-32 agency under Section 112.018, Human Resources Code, as amended by
6-33 this Act, that is made after the change in designation allowed by
6-34 Subsection (a) shall be made in accordance with the law as it
6-35 exists on the date on which the change is made.
6-36 SECTION 7. (a) The name of the Texas Planning Council for
6-37 Developmental Disabilities is changed to the Texas Council for
6-38 Developmental Disabilities. Any reference in the law to the Texas
6-39 Planning Council for Developmental Disabilities means the Texas
6-40 Council for Developmental Disabilities.
6-41 (b) Before using new stationery or other supplies printed
6-42 with the council's name as changed by this Act, the Texas Council
6-43 for Developmental Disabilities shall use all stationery and other
6-44 supplies that are printed with the council's former name and that
6-45 are in its possession on the effective date of this Act.
6-46 (c) The validity of a procedure adopted or other action
6-47 taken by or in connection with the authority of the Texas Planning
6-48 Council for Developmental Disabilities before the change of its
6-49 name under Subsection (a) of this section is not affected by this
6-50 Act. To the extent those actions continue to have any effect on or
6-51 after the effective date of this Act, they are considered to be the
6-52 actions of the Texas Council for Developmental Disabilities.
6-53 (d) Any appropriation made to the Texas Planning Council for
6-54 Developmental Disabilities is available to the council under its
6-55 name as changed by this Act.
6-56 SECTION 8. On the effective date of this Act, a rule that
6-57 was previously adopted by the Texas Rehabilitation Commission under
6-58 Section 112.018, Human Resources Code, as that section existed
6-59 before amendment by this Act, and that is in effect immediately
6-60 before the effective date of this Act, other than a rule relating
6-61 to the implementation of the responsibilities of the commission
6-62 under Section 112.018(a), (b), or (c), Human Resources Code, as
6-63 amended by this Act, becomes a rule of the Texas Council for
6-64 Developmental Disabilities and remains in effect until amended or
6-65 repealed by the council.
6-66 SECTION 9. As soon as practicable after the effective date
6-67 of this Act, the designated state agency and the Texas Council for
6-68 Developmental Disabilities shall enter into the memorandum of
6-69 understanding required by Section 112.018(d), Human Resources Code,
7-1 as amended by this Act. The management agreement executed by the
7-2 agency and council under Section 112.018(e), Human Resources Code,
7-3 as that section existed before amendment by this Act, terminates on
7-4 the date on which the memorandum of understanding is executed by
7-5 the agency and the council.
7-6 SECTION 10. (a) This Act takes effect September 1, 1999.
7-7 (b) The changes in law made by this Act in the prohibitions
7-8 applying to members of the Texas Council for Developmental
7-9 Disabilities do not affect the entitlement of a member serving on
7-10 the council immediately before September 1, 1999, to continue to
7-11 carry out the functions of the council for the remainder of the
7-12 member's term. The changes in law apply only to a member appointed
7-13 on or after September 1, 1999. This Act does not prohibit a person
7-14 who is a member of the council on September 1, 1999, from being
7-15 reappointed to the council if the person has the qualifications
7-16 required of a member under Chapter 112, Human Resources Code, as
7-17 amended by this Act.
7-18 SECTION 11. The importance of this legislation and the
7-19 crowded condition of the calendars in both houses create an
7-20 emergency and an imperative public necessity that the
7-21 constitutional rule requiring bills to be read on three several
7-22 days in each house be suspended, and this rule is hereby suspended.
7-23 * * * * *