By Zaffirini S.B. No. 353
76R835 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Office for the
1-3 Prevention of Developmental Disabilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 112.045, Human Resources Code, is amended
1-6 by amending Subsections (b) and (d) to read as follows:
1-7 (b) The executive committee is composed of nine members who
1-8 have expertise in the field of developmental disabilities, of which
1-9 three are appointed by the governor, three are appointed by the
1-10 lieutenant governor, and three are appointed by the speaker of the
1-11 house of representatives. Appointments to the executive committee
1-12 shall be made without regard to the race, color, disability, sex,
1-13 religion, age, or national origin of the appointees.
1-14 (d) The governor [members of the executive committee
1-15 annually] shall designate a [elect one] member of the executive
1-16 committee [to serve] as the presiding officer of the executive
1-17 committee to serve in that capacity at the will of the governor.
1-18 SECTION 2. Subchapter C, Chapter 112, Human Resources Code,
1-19 is amended by adding Sections 112.0451 through 112.0454, 112.0471,
1-20 and 112.0472 to read as follows:
1-21 Sec. 112.0451. CONFLICT OF INTEREST. A person may not be a
1-22 member of the executive committee or act as the general counsel to
1-23 the executive committee or the office if the person is required to
1-24 register as a lobbyist under Chapter 305, Government Code, because
2-1 of the person's activities for compensation on behalf of a
2-2 profession related to the operation of the office.
2-3 Sec. 112.0452. REMOVAL OF EXECUTIVE COMMITTEE MEMBER.
2-4 (a) It is a ground for removal from the executive committee that a
2-5 member:
2-6 (1) does not have at the time of taking office the
2-7 qualifications required by Section 112.045;
2-8 (2) does not maintain during service on the executive
2-9 committee the qualifications required by Section 112.045;
2-10 (3) is ineligible for membership under Section 112.045
2-11 or 112.0451;
2-12 (4) cannot, because of illness or disability,
2-13 discharge the member's duties for a substantial part of the
2-14 member's term; or
2-15 (5) is absent from more than half of the regularly
2-16 scheduled executive committee meetings that the member is eligible
2-17 to attend during a calendar year without an excuse approved by a
2-18 majority vote of the executive committee.
2-19 (b) The validity of an action of the executive committee is
2-20 not affected by the fact that it is taken when a ground for removal
2-21 of an executive committee member exists.
2-22 (c) If the executive director has knowledge that a potential
2-23 ground for removal exists, the executive director shall notify the
2-24 presiding officer of the executive committee of the potential
2-25 ground. The presiding officer shall then notify the governor and
2-26 the attorney general that a potential ground for removal exists.
2-27 If the potential ground for removal involves the presiding officer,
3-1 the executive director shall notify the next highest ranking
3-2 officer of the executive committee, who shall then notify the
3-3 governor and the attorney general that a potential ground for
3-4 removal exists.
3-5 Sec. 112.0453. EXECUTIVE COMMITTEE MEMBER TRAINING. (a) A
3-6 person who is appointed to and qualifies for office as a member of
3-7 the executive committee may not vote, deliberate, or be counted as
3-8 a member in attendance at a meeting of the executive committee
3-9 until the person completes a training program that complies with
3-10 this section.
3-11 (b) The training program must provide the person with
3-12 information regarding:
3-13 (1) the legislation that created the office and the
3-14 executive committee;
3-15 (2) the programs operated by the office;
3-16 (3) the role and functions of the office;
3-17 (4) the rules of the office with an emphasis on the
3-18 rules that relate to disciplinary and investigatory authority;
3-19 (5) the current budget for the office;
3-20 (6) the results of the most recent formal audit of the
3-21 office;
3-22 (7) the requirements of:
3-23 (A) the open meetings law, Chapter 551,
3-24 Government Code;
3-25 (B) the public information law, Chapter 552,
3-26 Government Code;
3-27 (C) the administrative procedure law, Chapter
4-1 2001, Government Code; and
4-2 (D) other laws relating to public officials,
4-3 including conflict-of-interest laws; and
4-4 (8) any applicable ethics policies adopted by the
4-5 office or the Texas Ethics Commission.
4-6 (c) A person appointed to the executive committee is
4-7 entitled to reimbursement, as provided by the General
4-8 Appropriations Act, for the travel expenses incurred in attending
4-9 the training program regardless of whether the attendance at the
4-10 program occurs before or after the person qualifies for office.
4-11 Sec. 112.0454. PUBLIC ACCESS. The executive committee
4-12 shall develop and implement policies that provide the public with a
4-13 reasonable opportunity to appear before the executive committee and
4-14 to speak on any issue under the jurisdiction of the office.
4-15 Sec. 112.0471. QUALIFICATIONS AND STANDARDS OF CONDUCT. The
4-16 executive director or the executive director's designee shall
4-17 provide to members of the executive committee and to employees of
4-18 the office, as often as necessary, information regarding the
4-19 requirements for office or employment under this subchapter,
4-20 including information regarding a person's responsibilities under
4-21 applicable laws relating to standards of conduct for state officers
4-22 or employees.
4-23 Sec. 112.0472. EQUAL EMPLOYMENT OPPORTUNITY POLICIES.
4-24 (a) The executive director shall prepare and maintain a written
4-25 policy statement that implements a program of equal employment
4-26 opportunity to ensure that all personnel decisions are made without
4-27 regard to race, color, disability, sex, religion, age, or national
5-1 origin.
5-2 (b) The policy statement must include:
5-3 (1) personnel policies, including policies relating to
5-4 recruitment, evaluation, selection, training, and promotion of
5-5 personnel, that show the intent of the office to avoid the unlawful
5-6 employment practices described by Chapter 21, Labor Code; and
5-7 (2) an analysis of the extent to which the composition
5-8 of the office's personnel is in accordance with state and federal
5-9 law and a description of reasonable methods to achieve compliance
5-10 with state and federal law.
5-11 (c) The policy statement must:
5-12 (1) be updated annually;
5-13 (2) be reviewed by the state Commission on Human
5-14 Rights for compliance with Subsection (b)(1); and
5-15 (3) be filed with the governor's office.
5-16 SECTION 3. Section 112.052, Human Resources Code, is amended
5-17 to read as follows:
5-18 Sec. 112.052. SUNSET PROVISION. The Office
5-19 for the Prevention of Developmental Disabilities is subject to
5-20 Chapter 325, Government Code (Texas Sunset Act). Unless continued
5-21 in existence as provided by that chapter, the office is abolished
5-22 and this subchapter expires September 1, 2007 [1999].
5-23 SECTION 4. (a) This Act takes effect September 1, 1999.
5-24 (b) The changes in law made by this Act in the prohibitions
5-25 applying to members of the executive committee of the Office for
5-26 the Prevention of Developmental Disabilities do not affect the
5-27 entitlement of a member serving on the executive committee
6-1 immediately before September 1, 1999, to continue to carry out the
6-2 functions of the office as a member of the executive committee for
6-3 the remainder of the member's term. The changes in law apply only
6-4 to a member appointed on or after September 1, 1999. This Act does
6-5 not prohibit a person who is a member of the executive committee on
6-6 September 1, 1999, from being reappointed to the executive
6-7 committee if the person has the qualifications required for a
6-8 member under Subchapter C, Chapter 112, Human Resources Code, as
6-9 amended by this Act.
6-10 SECTION 5. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended.