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.
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