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                                  * * * * *