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.