By McCall H.B. No. 1611
76R836 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Governor's
1-3 Committee on People with Disabilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 115.001, Human Resources Code, is amended
1-6 to read as follows:
1-7 Sec. 115.001. COMMITTEE; MISSION. (a) The Governor's
1-8 Committee on People with Disabilities is within the office of the
1-9 governor.
1-10 (b) The committee's mission is to further opportunities for
1-11 persons with disabilities to enjoy full and equal access to lives
1-12 of independence, productivity, and self-determination.
1-13 SECTION 2. Section 115.002, Human Resources Code, is amended
1-14 by adding Subsection (d) to read as follows:
1-15 (d) Except as provided by Subsection (b), appointments to
1-16 the committee shall be made without regard to the race, color,
1-17 disability, sex, religion, age, or national origin of the
1-18 appointees.
1-19 SECTION 3. Sections 115.004(a) and (b), Human Resources
1-20 Code, are amended to read as follows:
1-21 (a) The governor shall designate one member of the committee
1-22 as the presiding officer [chair] of the committee to serve in that
1-23 capacity at the pleasure of the governor. The committee may elect
1-24 other officers from its members as the committee considers
2-1 necessary.
2-2 (b) The committee shall meet quarterly [in each quarter of
2-3 the year] as provided by committee rule and may meet at other times
2-4 at the call of the presiding officer [chair].
2-5 SECTION 4. Sections 115.005 and 115.009, Human Resources
2-6 Code, are amended to read as follows:
2-7 Sec. 115.005. SUNSET PROVISION. The Governor's Committee on
2-8 People with Disabilities is subject to Chapter 325, Government Code
2-9 (Texas Sunset Act). Unless continued in existence as provided by
2-10 that chapter, the committee is abolished and this chapter expires
2-11 September 1, 2011 [1999].
2-12 Sec. 115.009. FUNCTIONS. The committee shall:
2-13 (1) serve as a central source of information and
2-14 education on the abilities, rights, problems, and needs of persons
2-15 with disabilities and, as necessary, issue reports [coordinate and
2-16 monitor the state's compliance with the federal Americans with
2-17 Disabilities Act of 1990 (Pub. L. No. 101-336) and other federal
2-18 and state statutes relating to rights and opportunities for persons
2-19 with disabilities];
2-20 (2) provide information to and advise the governor and
2-21 the governor's staff on matters relating to the full participation
2-22 of persons with disabilities in all aspects of life [and technical
2-23 assistance to public and private agencies and businesses to promote
2-24 and facilitate implementation of the federal Americans with
2-25 Disabilities Act of 1990 (Pub. L. No. 101-336) and other federal
2-26 and state statutes relating to rights and opportunities of persons
2-27 with disabilities];
3-1 (3) before the end of each even-numbered year, submit
3-2 to the governor and to the legislature a report that includes:
3-3 (A) the status of [by December 31 of each year,
3-4 report to the governor, the lieutenant governor, and the speaker of
3-5 the house of representatives on] the state's compliance with
3-6 federal and state laws pertaining to rights and opportunities for
3-7 persons with disabilities and [make] recommendations to achieve
3-8 further compliance, if necessary;
3-9 (B) a long-range state plan for persons with
3-10 disabilities and recommendations to implement that plan; and
3-11 (C) any recommended changes in state laws
3-12 relating to persons with disabilities [where noncompliance exists];
3-13 (4) serve as the state's liaison agency in working
3-14 with the President's Committee on Employment of Persons with
3-15 Disabilities and other entities involved in activities or concerns
3-16 affecting [public or private associations or groups promoting or
3-17 providing services for] persons with disabilities;
3-18 (5) develop and work with a statewide network of
3-19 volunteer community-level committees to promote dissemination of
3-20 information about and implementation of federal and state laws
3-21 addressing rights and opportunities for persons with disabilities;
3-22 (6) evaluate the state's compliance with the federal
3-23 Americans with Disabilities Act of 1990 (Pub. L. No. 101-336) and
3-24 other federal and state statutes relating to rights and
3-25 opportunities for persons with disabilities [promote the
3-26 development of efficient and effective coordination of services for
3-27 persons with disabilities];
4-1 (7) provide information and technical assistance to
4-2 public and private agencies and businesses to promote and
4-3 facilitate implementation of the federal Americans with
4-4 Disabilities Act of 1990 (Pub. L. No. 101-336) and other federal
4-5 and state statutes relating to rights and opportunities of persons
4-6 with disabilities [make recommendations to the governor on
4-7 programs, policies, and funding that promote independence for
4-8 persons with disabilities];
4-9 (8) collect and evaluate [monitor] data on employment
4-10 of persons with disabilities by state agencies;
4-11 (9) work with legislative committees and with state
4-12 agencies on the development of laws and policies that affect
4-13 persons with disabilities;
4-14 (10) [monitor and promote the implementation of the
4-15 long-range state plan for Texans with disabilities and prepare a
4-16 biennial review and revision of the plan for official submission in
4-17 January of each odd-numbered year to the governor, the legislature,
4-18 the Legislative Budget Board, and appropriate legislative
4-19 committees and state agencies;]
4-20 [(11)] promote the compilation and publication of
4-21 state laws relating to persons with disabilities [and make
4-22 recommendations to the governor and the legislature about
4-23 appropriate changes in state laws relating to those persons]; and
4-24 (11) [(12) promote a demographic survey for the
4-25 accurate identification of persons with disabilities and the
4-26 effective use of the survey results in establishing service
4-27 priorities; and]
5-1 [(13)] issue awards and other forms of recognition to
5-2 persons and organizations making outstanding contributions to the
5-3 employment of persons with disabilities and to public awareness of
5-4 issues impacting persons with disabilities.
5-5 SECTION 5. Chapter 115, Human Resources Code, is amended by
5-6 adding Sections 115.0021, 115.0022, 115.0023, 115.0041, 115.0042,
5-7 115.0061, and 115.011 to read as follows:
5-8 Sec. 115.0021. CONFLICT OF INTEREST. A person may not be a
5-9 member of the committee or act as the general counsel to the
5-10 committee if the person is required to register as a lobbyist under
5-11 Chapter 305, Government Code, because of the person's activities
5-12 for compensation on behalf of a profession related to the operation
5-13 of the committee.
5-14 Sec. 115.0022. TRAINING FOR COMMITTEE MEMBERS. (a) A
5-15 person who is appointed to and qualifies for office as a member of
5-16 the committee may not vote, deliberate, or be counted as a member
5-17 in attendance at a meeting of the committee until the person
5-18 completes a training program that complies with this section.
5-19 (b) The training program must provide the person with
5-20 information regarding:
5-21 (1) the legislation that created the committee;
5-22 (2) the programs operated by the committee;
5-23 (3) the role and functions of the committee;
5-24 (4) any relevant rules of the committee;
5-25 (5) the current budget for the committee;
5-26 (6) the results of the most recent formal audit of the
5-27 committee;
6-1 (7) the requirements of:
6-2 (A) the open meetings law, Chapter 551,
6-3 Government Code;
6-4 (B) the public information law, Chapter 552,
6-5 Government Code;
6-6 (C) the administrative procedure law, Chapter
6-7 2001, Government Code; and
6-8 (D) other laws relating to public officials,
6-9 including conflict of interest laws; and
6-10 (8) any applicable ethics policies adopted by the
6-11 committee or the Texas Ethics Commission.
6-12 (c) A person appointed to the committee is entitled to
6-13 reimbursement, as provided by the General Appropriations Act, for
6-14 the travel expenses incurred in attending the training program
6-15 regardless of whether the attendance at the program occurs before
6-16 or after the person qualifies for office.
6-17 Sec. 115.0023. GROUNDS FOR REMOVAL. (a) It is a ground for
6-18 removal from the committee that a member:
6-19 (1) is ineligible for membership under Section
6-20 115.0021;
6-21 (2) cannot discharge the member's duties for a
6-22 substantial part of the member's term; or
6-23 (3) is absent from more than half of the regularly
6-24 scheduled committee meetings that the member is eligible to attend
6-25 during a calendar year without an excuse approved by a majority
6-26 vote of the committee.
6-27 (b) The validity of an action of the committee is not
7-1 affected by the fact that it is taken when a ground for removal of
7-2 a committee member exists.
7-3 (c) If the executive director has knowledge that a potential
7-4 ground for removal exists, the executive director shall notify the
7-5 presiding officer of the committee of the potential ground. The
7-6 presiding officer shall then notify the governor and the attorney
7-7 general that a potential ground for removal exists. If the
7-8 potential ground for removal involves the presiding officer, the
7-9 executive director shall notify the next highest ranking officer of
7-10 the committee, who shall then notify the governor and the attorney
7-11 general that a potential ground for removal exists.
7-12 Sec. 115.0041. DIVISION OF RESPONSIBILITY. The committee
7-13 shall develop and implement policies that clearly separate the
7-14 policymaking responsibilities of the committee and the management
7-15 responsibilities of the executive director and staff of the
7-16 committee.
7-17 Sec. 115.0042. PUBLIC HEARINGS. The committee shall develop
7-18 and implement policies that provide the public with a reasonable
7-19 opportunity to appear before the committee and to speak on any
7-20 issue under the jurisdiction of the committee.
7-21 Sec. 115.0061. STANDARDS OF CONDUCT. The executive director
7-22 or the executive director's designee shall provide to members of
7-23 the committee and to committee employees, as often as necessary,
7-24 information regarding the requirements for office or employment
7-25 under this chapter, including information regarding a person's
7-26 responsibilities under applicable laws relating to standards of
7-27 conduct for state officers or employees.
8-1 Sec. 115.011. COMPLAINTS. (a) The committee shall maintain
8-2 a file on each written complaint filed with the committee. The
8-3 file must include:
8-4 (1) the name of the person who filed the complaint;
8-5 (2) the date the complaint is received by the
8-6 committee;
8-7 (3) the subject matter of the complaint;
8-8 (4) the name of each person contacted in relation to
8-9 the complaint;
8-10 (5) a summary of the results of the review of the
8-11 complaint; and
8-12 (6) an explanation of the reason the file was closed,
8-13 if the committee closed the file without taking action other than
8-14 to review the complaint.
8-15 (b) The committee, until final disposition of the complaint,
8-16 shall notify the person filing the complaint and each person who is
8-17 a subject of the complaint of the status of the review of the
8-18 complaint.
8-19 SECTION 6. (a) This Act takes effect September 1, 1999.
8-20 (b) The changes in law made by this Act in the
8-21 qualifications of, and the prohibitions applying to, members of the
8-22 Governor's Committee on People with Disabilities do not affect the
8-23 entitlement of a member serving on the committee immediately before
8-24 September 1, 1999, to continue to carry out the functions of the
8-25 committee for the remainder of the member's term. The changes in
8-26 law apply only to a member appointed on or after September 1, 1999.
8-27 This Act does not prohibit a person who is a member of the
9-1 committee on September 1, 1999, from being reappointed to the
9-2 committee if the person has the qualifications required for a
9-3 member under Chapter 115, Human Resources Code, as amended by this
9-4 Act.
9-5 SECTION 7. The importance of this legislation and the
9-6 crowded condition of the calendars in both houses create an
9-7 emergency and an imperative public necessity that the
9-8 constitutional rule requiring bills to be read on three several
9-9 days in each house be suspended, and this rule is hereby suspended.