1-1 By: McCall, et al. (Senate Sponsor - Zaffirini) H.B. No. 1611
1-2 (In the Senate - Received from the House April 9, 1999;
1-3 April 12, 1999, read first time and referred to Committee on Human
1-4 Services; April 15, 1999, reported favorably by the following vote:
1-5 Yeas 4, Nays 0; April 15, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the continuation and functions of the Governor's
1-9 Committee on People with Disabilities.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 115.001, Human Resources Code, is amended
1-12 to read as follows:
1-13 Sec. 115.001. COMMITTEE; MISSION. (a) The Governor's
1-14 Committee on People with Disabilities is within the office of the
1-15 governor.
1-16 (b) The committee's mission is to further opportunities for
1-17 persons with disabilities to enjoy full and equal access to lives
1-18 of independence, productivity, and self-determination.
1-19 SECTION 2. Section 115.002, Human Resources Code, is amended
1-20 by adding Subsection (d) to read as follows:
1-21 (d) Except as provided by Subsection (b), appointments to
1-22 the committee shall be made without regard to the race, color,
1-23 disability, sex, religion, age, or national origin of the
1-24 appointees.
1-25 SECTION 3. Sections 115.004(a) and (b), Human Resources
1-26 Code, are amended to read as follows:
1-27 (a) The governor shall designate one member of the committee
1-28 as the presiding officer [chair] of the committee to serve in that
1-29 capacity at the pleasure of the governor. The committee may elect
1-30 other officers from its members as the committee considers
1-31 necessary.
1-32 (b) The committee shall meet quarterly [in each quarter of
1-33 the year] as provided by committee rule and may meet at other times
1-34 at the call of the presiding officer [chair].
1-35 SECTION 4. Sections 115.005 and 115.009, Human Resources
1-36 Code, are amended to read as follows:
1-37 Sec. 115.005. SUNSET PROVISION. The Governor's Committee on
1-38 People with Disabilities is subject to Chapter 325, Government Code
1-39 (Texas Sunset Act). Unless continued in existence as provided by
1-40 that chapter, the committee is abolished and this chapter expires
1-41 September 1, 2011 [1999].
1-42 Sec. 115.009. FUNCTIONS. The committee shall:
1-43 (1) serve as a central source of information and
1-44 education on the abilities, rights, problems, and needs of persons
1-45 with disabilities and, as necessary, issue reports [coordinate and
1-46 monitor the state's compliance with the federal Americans with
1-47 Disabilities Act of 1990 (Pub. L. No. 101-336) and other federal
1-48 and state statutes relating to rights and opportunities for persons
1-49 with disabilities];
1-50 (2) provide information to and advise the governor and
1-51 the governor's staff on matters relating to the full participation
1-52 of persons with disabilities in all aspects of life [and technical
1-53 assistance to public and private agencies and businesses to promote
1-54 and facilitate implementation of the federal Americans with
1-55 Disabilities Act of 1990 (Pub. L. No. 101-336) and other federal
1-56 and state statutes relating to rights and opportunities of persons
1-57 with disabilities];
1-58 (3) before the end of each even-numbered year, submit
1-59 to the governor and to the legislature a report that includes:
1-60 (A) the status of [by December 31 of each year,
1-61 report to the governor, the lieutenant governor, and the speaker of
1-62 the house of representatives on] the state's compliance with
1-63 federal and state laws pertaining to rights and opportunities for
1-64 persons with disabilities and [make] recommendations to achieve
2-1 further compliance, if necessary;
2-2 (B) a long-range state plan for persons with
2-3 disabilities and recommendations to implement that plan; and
2-4 (C) any recommended changes in state laws
2-5 relating to persons with disabilities [where noncompliance exists];
2-6 (4) serve as the state's liaison agency in working
2-7 with the President's Committee on Employment of Persons with
2-8 Disabilities and other entities involved in activities or concerns
2-9 affecting [public or private associations or groups promoting or
2-10 providing services for] persons with disabilities;
2-11 (5) develop and work with a statewide network of
2-12 volunteer community-level committees to promote dissemination of
2-13 information about and implementation of federal and state laws
2-14 addressing rights and opportunities for persons with disabilities;
2-15 (6) evaluate the state's compliance with the federal
2-16 Americans with Disabilities Act of 1990 (Pub. L. No. 101-336) and
2-17 other federal and state statutes relating to rights and
2-18 opportunities for persons with disabilities [promote the
2-19 development of efficient and effective coordination of services for
2-20 persons with disabilities];
2-21 (7) provide information and technical assistance to
2-22 public and private agencies and businesses to promote and
2-23 facilitate implementation of the federal Americans with
2-24 Disabilities Act of 1990 (Pub. L. No. 101-336) and other federal
2-25 and state statutes relating to rights and opportunities of persons
2-26 with disabilities [make recommendations to the governor on
2-27 programs, policies, and funding that promote independence for
2-28 persons with disabilities];
2-29 (8) collect and evaluate [monitor] data on employment
2-30 of persons with disabilities by state agencies;
2-31 (9) work with legislative committees and with state
2-32 agencies on the development of laws and policies that affect
2-33 persons with disabilities;
2-34 (10) [monitor and promote the implementation of the
2-35 long-range state plan for Texans with disabilities and prepare a
2-36 biennial review and revision of the plan for official submission in
2-37 January of each odd-numbered year to the governor, the legislature,
2-38 the Legislative Budget Board, and appropriate legislative
2-39 committees and state agencies;]
2-40 [(11)] promote the compilation and publication of
2-41 state laws relating to persons with disabilities [and make
2-42 recommendations to the governor and the legislature about
2-43 appropriate changes in state laws relating to those persons]; and
2-44 (11) [(12) promote a demographic survey for the
2-45 accurate identification of persons with disabilities and the
2-46 effective use of the survey results in establishing service
2-47 priorities; and]
2-48 [(13)] issue awards and other forms of recognition to
2-49 persons and organizations making outstanding contributions to the
2-50 employment of persons with disabilities and to public awareness of
2-51 issues impacting persons with disabilities.
2-52 SECTION 5. Chapter 115, Human Resources Code, is amended by
2-53 adding Sections 115.0021, 115.0022, 115.0023, 115.0041, 115.0042,
2-54 115.0061, and 115.011 to read as follows:
2-55 Sec. 115.0021. CONFLICT OF INTEREST. A person may not be a
2-56 member of the committee or act as the general counsel to the
2-57 committee if the person is required to register as a lobbyist under
2-58 Chapter 305, Government Code, because of the person's activities
2-59 for compensation on behalf of a profession related to the operation
2-60 of the committee.
2-61 Sec. 115.0022. TRAINING FOR COMMITTEE MEMBERS. (a) A
2-62 person who is appointed to and qualifies for office as a member of
2-63 the committee may not vote, deliberate, or be counted as a member
2-64 in attendance at a meeting of the committee until the person
2-65 completes a training program that complies with this section.
2-66 (b) The training program must provide the person with
2-67 information regarding:
2-68 (1) the legislation that created the committee;
2-69 (2) the programs operated by the committee;
3-1 (3) the role and functions of the committee;
3-2 (4) any relevant rules of the committee;
3-3 (5) the current budget for the committee;
3-4 (6) the results of the most recent formal audit of the
3-5 committee;
3-6 (7) the requirements of:
3-7 (A) the open meetings law, Chapter 551,
3-8 Government Code;
3-9 (B) the public information law, Chapter 552,
3-10 Government Code;
3-11 (C) the administrative procedure law, Chapter
3-12 2001, Government Code; and
3-13 (D) other laws relating to public officials,
3-14 including conflict of interest laws; and
3-15 (8) any applicable ethics policies adopted by the
3-16 committee or the Texas Ethics Commission.
3-17 (c) A person appointed to the committee is entitled to
3-18 reimbursement, as provided by the General Appropriations Act, for
3-19 the travel expenses incurred in attending the training program
3-20 regardless of whether the attendance at the program occurs before
3-21 or after the person qualifies for office.
3-22 Sec. 115.0023. GROUNDS FOR REMOVAL. (a) It is a ground for
3-23 removal from the committee that a member:
3-24 (1) is ineligible for membership under Section
3-25 115.0021;
3-26 (2) cannot discharge the member's duties for a
3-27 substantial part of the member's term; or
3-28 (3) is absent from more than half of the regularly
3-29 scheduled committee meetings that the member is eligible to attend
3-30 during a calendar year without an excuse approved by a majority
3-31 vote of the committee.
3-32 (b) The validity of an action of the committee is not
3-33 affected by the fact that it is taken when a ground for removal of
3-34 a committee member exists.
3-35 (c) If the executive director has knowledge that a potential
3-36 ground for removal exists, the executive director shall notify the
3-37 presiding officer of the committee of the potential ground. The
3-38 presiding officer shall then notify the governor and the attorney
3-39 general that a potential ground for removal exists. If the
3-40 potential ground for removal involves the presiding officer, the
3-41 executive director shall notify the next highest ranking officer of
3-42 the committee, who shall then notify the governor and the attorney
3-43 general that a potential ground for removal exists.
3-44 Sec. 115.0041. DIVISION OF RESPONSIBILITY. The committee
3-45 shall develop and implement policies that clearly separate the
3-46 policymaking responsibilities of the committee and the management
3-47 responsibilities of the executive director and staff of the
3-48 committee.
3-49 Sec. 115.0042. PUBLIC HEARINGS. The committee shall develop
3-50 and implement policies that provide the public with a reasonable
3-51 opportunity to appear before the committee and to speak on any
3-52 issue under the jurisdiction of the committee.
3-53 Sec. 115.0061. STANDARDS OF CONDUCT. The executive director
3-54 or the executive director's designee shall provide to members of
3-55 the committee and to committee employees, as often as necessary,
3-56 information regarding the requirements for office or employment
3-57 under this chapter, including information regarding a person's
3-58 responsibilities under applicable laws relating to standards of
3-59 conduct for state officers or employees.
3-60 Sec. 115.011. COMPLAINTS. (a) The committee shall maintain
3-61 a file on each written complaint filed with the committee. The
3-62 file must include:
3-63 (1) the name of the person who filed the complaint;
3-64 (2) the date the complaint is received by the
3-65 committee;
3-66 (3) the subject matter of the complaint;
3-67 (4) the name of each person contacted in relation to
3-68 the complaint;
3-69 (5) a summary of the results of the review of the
4-1 complaint; and
4-2 (6) an explanation of the reason the file was closed,
4-3 if the committee closed the file without taking action other than
4-4 to review the complaint.
4-5 (b) The committee, until final disposition of the complaint,
4-6 shall notify the person filing the complaint and each person who is
4-7 a subject of the complaint of the status of the review of the
4-8 complaint.
4-9 SECTION 6. (a) This Act takes effect September 1, 1999.
4-10 (b) The changes in law made by this Act in the
4-11 qualifications of, and the prohibitions applying to, members of the
4-12 Governor's Committee on People with Disabilities do not affect the
4-13 entitlement of a member serving on the committee immediately before
4-14 September 1, 1999, to continue to carry out the functions of the
4-15 committee for the remainder of the member's term. The changes in
4-16 law apply only to a member appointed on or after September 1, 1999.
4-17 This Act does not prohibit a person who is a member of the
4-18 committee on September 1, 1999, from being reappointed to the
4-19 committee if the person has the qualifications required for a
4-20 member under Chapter 115, Human Resources Code, as amended by this
4-21 Act.
4-22 SECTION 7. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended.
4-27 * * * * *