By Harris S.B. No. 360
76R6139 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Interagency
1-3 Council on Early Childhood Intervention.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 73.002(e) and (i), Human Resources Code,
1-6 are amended to read as follows:
1-7 (e) The governor [members of the board] shall designate a
1-8 [elect one] member of the board [to serve] as the presiding officer
1-9 of the board to serve in that capacity at the will of the governor.
1-10 The members of the board shall elect [and] one member of the board
1-11 to serve as assistant presiding officer. The assistant presiding
1-12 officer [Officers] shall serve a two-year term.
1-13 (i) The board shall develop and implement policies that
1-14 provide the public with a reasonable opportunity to appear before
1-15 the board and to speak on any issue under the jurisdiction of the
1-16 council. [The board shall develop a method for responding to
1-17 complaints regarding services provided by the council.]
1-18 SECTION 2. Section 73.0021(b), Human Resources Code, is
1-19 amended to read as follows:
1-20 (b) A person is not eligible for appointment as a board
1-21 member if:
1-22 (1) the person does not meet the eligibility
1-23 requirements under Section 73.002;
1-24 (2) the person or the person's spouse is an officer of
2-1 an agency or paid counsel of an organization with which the council
2-2 engages in a contractual relationship; or
2-3 (3) the person violates a prohibition established by
2-4 Section 73.0024 [is required to register as a lobbyist under
2-5 Chapter 305, Government Code, because of the person's activities
2-6 on behalf of a profession or organization related to council
2-7 functions].
2-8 SECTION 3. Section 73.0022(a), Human Resources Code, is
2-9 amended to read as follows:
2-10 (a) It is a ground for removal from the board if a member:
2-11 (1) is not eligible for appointment to the board under
2-12 Section 73.002;
2-13 (2) does not maintain during service on the board the
2-14 qualifications required by Section 73.002;
2-15 (3) has or develops an interest that conflicts or
2-16 appears to conflict with the member's position on the board or
2-17 violates a prohibition established by Section 73.0024;
2-18 (4) cannot discharge the member's duties for a
2-19 substantial part of the term for which the member is appointed
2-20 because of illness or disability; or
2-21 (5) is absent for more than half of the regularly
2-22 scheduled board meetings that the member is eligible to attend
2-23 during a calendar year.
2-24 SECTION 4. Chapter 73, Human Resources Code, is amended by
2-25 adding Sections 73.0023, 73.0024, and 73.0025 to read as follows:
2-26 Sec. 73.0023. BOARD MEMBER TRAINING. (a) A person who is
2-27 appointed to and qualifies for office as a member of the board may
3-1 not vote, deliberate, or be counted as a member in attendance at a
3-2 meeting of the board until the person completes a training program
3-3 that complies with this section.
3-4 (b) The training program must provide the person with
3-5 information regarding:
3-6 (1) the legislation that created the council and the
3-7 board;
3-8 (2) the programs operated by the council;
3-9 (3) the role and functions of the council;
3-10 (4) the rules of the council with an emphasis on the
3-11 rules that relate to disciplinary and investigatory authority;
3-12 (5) the current budget for the council;
3-13 (6) the results of the most recent formal audit of the
3-14 council;
3-15 (7) the requirements of:
3-16 (A) the open meetings law, Chapter 551,
3-17 Government Code;
3-18 (B) the public information law, Chapter 552,
3-19 Government Code;
3-20 (C) the administrative procedure law, Chapter
3-21 2001, Government Code; and
3-22 (D) other laws relating to public officials,
3-23 including conflict-of-interest laws; and
3-24 (8) any applicable ethics policies adopted by the
3-25 council or the Texas Ethics Commission.
3-26 (c) A person appointed to the board is entitled to
3-27 reimbursement, as provided by the General Appropriations Act, for
4-1 the travel expenses incurred in attending the training program
4-2 regardless of whether the attendance at the program occurs before
4-3 or after the person qualifies for office.
4-4 Sec. 73.0024. RESTRICTIONS ON BOARD MEMBERS AND EMPLOYEES.
4-5 (a) In this section, "Texas trade association" means a cooperative
4-6 and voluntarily joined association of business or professional
4-7 competitors in this state designed to assist its members and its
4-8 industry or profession in dealing with mutual business or
4-9 professional problems and in promoting their common interest.
4-10 (b) A person may not be a member of the board and may not be
4-11 a council employee employed in a "bona fide executive,
4-12 administrative, or professional capacity," as that phrase is used
4-13 for purposes of establishing an exemption to the overtime
4-14 provisions of the federal Fair Labor Standards Act of 1938 (29
4-15 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
4-16 (1) the person is an officer, employee, or paid
4-17 consultant of a Texas trade association in the field of early
4-18 childhood intervention; or
4-19 (2) the person's spouse is an officer, manager, or
4-20 paid consultant of a Texas trade association in the field of early
4-21 childhood intervention.
4-22 (c) A person may not be a member of the board or act as the
4-23 general counsel to the board or the council if the person is
4-24 required to register as a lobbyist under Chapter 305, Government
4-25 Code, because of the person's activities for compensation on behalf
4-26 of a profession related to the operation of the council.
4-27 Sec. 73.0025. COMPLAINT PROCESS. (a) The board shall
5-1 develop a method for responding to complaints regarding services
5-2 provided by the council.
5-3 (b) The council shall maintain a file on each written
5-4 complaint filed with the council. The file must include:
5-5 (1) the name of the person who filed the complaint;
5-6 (2) the date the complaint is received by the council;
5-7 (3) the subject matter of the complaint;
5-8 (4) the name of each person contacted in relation to
5-9 the complaint;
5-10 (5) a summary of the results of the review or
5-11 investigation of the complaint; and
5-12 (6) an explanation of the reason the file was closed,
5-13 if the council closed the file without taking action other than to
5-14 investigate the complaint.
5-15 (c) The council shall provide to the person filing the
5-16 complaint and to each person who is a subject of the complaint a
5-17 copy of the council's policies and procedures relating to complaint
5-18 investigation and resolution.
5-19 (d) The council, at least quarterly until final disposition
5-20 of the complaint, shall notify the person filing the complaint and
5-21 each person who is a subject of the complaint of the status of the
5-22 investigation unless the notice would jeopardize an undercover
5-23 investigation.
5-24 SECTION 5. Section 73.0051, Human Resources Code, is amended
5-25 by amending Subsections (d) and (f) and adding Subsection (k) to
5-26 read as follows:
5-27 (d) The council shall periodically monitor program
6-1 activities and fiscal performance of the entities funded under this
6-2 chapter to:
6-3 (1) determine compliance with federal and state
6-4 requirements;
6-5 (2) assess the performance of the entities in
6-6 identifying children under three years of age with developmental
6-7 delay in populations at risk of developmental delay; and
6-8 (3) issue reports regarding program monitoring.
6-9 (f) The council shall:
6-10 (1) cooperate with the Health and Human Services
6-11 Commission and other local, state, and federal agencies in the
6-12 strategic planning, funding, delivery, and monitoring of services
6-13 authorized under this chapter; and
6-14 (2) jointly with the Department of Protective and
6-15 Regulatory Services develop and implement policies applicable to
6-16 providers of services authorized under this chapter in situations
6-17 involving service recipients who are vulnerable to abuse or
6-18 neglect.
6-19 (k) The council shall use the automated systems of the Texas
6-20 Rehabilitation Commission to plan, manage, and maintain records of
6-21 client services, unless the use of those systems is not determined
6-22 to be cost-effective. If cost-effective, the council may use the
6-23 commission's information systems to carry out other appropriate
6-24 council administrative functions.
6-25 SECTION 6. Section 73.0052, Human Resources Code, is amended
6-26 by amending Subsection (a) and adding Subsection (h) to read as
6-27 follows:
7-1 (a) The executive director or the executive director's
7-2 designee [board] shall provide to [its] members of the board and to
7-3 the employees of the council, as often as necessary, information
7-4 regarding the requirements for office or employment [their
7-5 qualifications] under this chapter, including information regarding
7-6 a person's [and their] responsibilities under applicable laws
7-7 relating to standards of conduct for state officers or employees.
7-8 (h) The board shall develop and implement policies that
7-9 clearly separate the policymaking responsibilities of the board and
7-10 the management responsibilities of the executive director and the
7-11 staff of the council.
7-12 SECTION 7. Section 73.008, Human Resources Code, is amended
7-13 to read as follows:
7-14 Sec. 73.008. EARLY IDENTIFICATION STRATEGY. (a) The
7-15 council shall develop and implement a statewide strategy for:
7-16 (1) the early identification of children under three
7-17 years of age with developmental delay; [and]
7-18 (2) improving the early identification of children
7-19 under three years of age with developmental delay in populations at
7-20 risk of developmental delay, through measures such as:
7-21 (A) targeting at-risk populations and
7-22 appropriate geographical regions; and
7-23 (B) monitoring the performance of providers of
7-24 services authorized under this chapter in identifying those
7-25 children; and
7-26 (3) the coordination of programs with other agencies
7-27 serving children with developmental delay, including the
8-1 coordination of policy issues that affect children with
8-2 developmental delay who are three years of age or older.
8-3 (b) The strategy must include plans to:
8-4 (1) incorporate, strengthen, and expand similar
8-5 existing local efforts;
8-6 (2) incorporate and coordinate screening services
8-7 currently provided through a public agency; [and]
8-8 (3) establish a liaison with primary referral sources,
8-9 including hospitals, physicians, public health facilities, and
8-10 day-care facilities, to encourage referrals of children with
8-11 developmental delay; and
8-12 (4) provide active leadership in addressing issues
8-13 affecting the effectiveness of services for children with
8-14 developmental delay, including issues such as the provision of
8-15 respite care and development of incentives to encourage provision
8-16 of respite care by providers of services authorized under this
8-17 chapter.
8-18 SECTION 8. Chapter 73, Human Resources Code, is amended by
8-19 adding Section 73.011 to read as follows:
8-20 Sec. 73.011. PROVIDER SELECTION. (a) The council shall
8-21 select providers of services authorized under this chapter on a
8-22 best value basis in a manner that:
8-23 (1) maximizes federal, private, and local sources of
8-24 funding; and
8-25 (2) promotes competition when possible.
8-26 (b) The council shall determine best value as required by
8-27 Subsection (a) when the council initially awards a contract to a
9-1 provider and when the council considers renewal of a provider's
9-2 contract.
9-3 (c) In determining whether a provider will provide best
9-4 value to the council, the council shall consider:
9-5 (1) the past performance of the provider;
9-6 (2) the quality of the provider's services;
9-7 (3) the cost of the provider's services;
9-8 (4) the ability of the provider to maximize federal,
9-9 private, and local sources of funding;
9-10 (5) the ability of the provider to comply with state
9-11 and federal program requirements;
9-12 (6) the availability of the provider to deliver
9-13 required services; and
9-14 (7) any other relevant factor.
9-15 SECTION 9. Section 73.022(a), Human Resources Code, is
9-16 amended to read as follows:
9-17 (a) The council shall:
9-18 (1) ensure compliance with requirements necessary to
9-19 obtain federal funds in the maximum amount and the most
9-20 advantageous proportions possible;
9-21 (2) seek funding in a manner that maximizes the total
9-22 amount of money available from federal, private, and local sources
9-23 for programs funded under this chapter;
9-24 (3) apply for, receive, administer, and spend federal
9-25 and state funds for Subchapter III [VIII], Individuals with
9-26 Disabilities Education Act (IDEA) (20 U.S.C. Section 1431 [1471] et
9-27 seq.), and its subsequent amendments, dealing with infants and
10-1 toddlers from birth to age three with developmental delay and their
10-2 families; and
10-3 (4) [(3)] authorize and account for the classification
10-4 and spending of maintenance of effort and carryover funds from all
10-5 sources in carrying out the programs funded under this chapter.
10-6 SECTION 10. Section 73.023, Human Resources Code, is amended
10-7 to read as follows:
10-8 Sec. 73.023. APPLICATION OF SUNSET ACT. The Interagency
10-9 Council on Early Childhood Intervention is subject to Chapter 325,
10-10 Government Code (Texas Sunset Act). Unless continued in existence
10-11 as provided by that chapter, the council is abolished on September
10-12 1, 2007 [1999].
10-13 SECTION 11. (a) The Interagency Council on Early Childhood
10-14 Intervention shall review the council's delivery system of services
10-15 for children with developmental delay and make recommendations for
10-16 improving service delivery. The recommendations must include
10-17 provisions designed to improve the ability of local service
10-18 providers to achieve council objectives, including:
10-19 (1) improved identification of children under the age
10-20 of three years with developmental delay in populations at risk of
10-21 developmental delay; and
10-22 (2) increased access to respite care.
10-23 (b) Not later than December 1, 2000, the Interagency Council
10-24 on Early Childhood Intervention shall submit to the governor and
10-25 the legislature a report on the review and recommendations required
10-26 by this section.
10-27 SECTION 12. (a) The Health and Human Services Commission
11-1 and the Interagency Council on Early Childhood Intervention shall
11-2 review the system used by the council to fund programs under
11-3 Chapter 73, Human Resources Code, and make recommendations for
11-4 maximizing money available for the programs from federal, private,
11-5 and local sources.
11-6 (b) Not later than December 1, 2000, the Health and Human
11-7 Services Commission and the Interagency Council on Early Childhood
11-8 Intervention shall submit to the governor and the legislature a
11-9 report on the review and recommendations required by this section.
11-10 SECTION 13. Not later than March 1, 2000, the Interagency
11-11 Council on Early Childhood Intervention shall:
11-12 (1) determine the cost-effectiveness of the council's
11-13 use of the Texas Rehabilitation Commission's systems under Section
11-14 73.0051(k), Human Resources Code, as added by this Act;
11-15 (2) if the council determines that the use of at least
11-16 one system is cost-effective, develop a plan and implementation
11-17 schedule relating to the use of the appropriate system or systems;
11-18 and
11-19 (3) submit a report relating to the determination of
11-20 cost-effectiveness required by Subdivision (1) of this section and,
11-21 if appropriate, on the plan and implementation schedule required by
11-22 Subdivision (2) of this section to the Health and Human Services
11-23 Commission, the legislature, and any legislative oversight
11-24 committee with jurisdiction over the council.
11-25 SECTION 14. (a) This Act takes effect September 1, 1999.
11-26 (b) The changes in law made by this Act in the
11-27 qualifications of, and the prohibitions applying to, members of the
12-1 board of the Interagency Council on Early Childhood Intervention do
12-2 not affect the entitlement of a member serving on the board
12-3 immediately before September 1, 1999, to continue to carry out the
12-4 functions of the board for the remainder of the member's term. The
12-5 changes in law apply only to a member appointed on or after
12-6 September 1, 1999. This Act does not prohibit a person who is a
12-7 member of the board on September 1, 1999, from being reappointed to
12-8 the board if the person has the qualifications required for a
12-9 member under Chapter 73, Human Resources Code, as amended by this
12-10 Act.
12-11 SECTION 15. The importance of this legislation and the
12-12 crowded condition of the calendars in both houses create an
12-13 emergency and an imperative public necessity that the
12-14 constitutional rule requiring bills to be read on three several
12-15 days in each house be suspended, and this rule is hereby suspended.