By Zaffirini S.B. No. 362
76R834 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Planning
1-3 Council for Developmental Disabilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 112.001, Human Resources Code, is amended
1-6 to read as follows:
1-7 Sec. 112.001. DEFINITIONS. In this chapter:
1-8 (1) "Council" means the Texas Planning Council for
1-9 Developmental Disabilities.
1-10 (2) "Designated state [Administering] agency" means
1-11 the executive agency designated by the governor to provide
1-12 administrative support and fiscal management services to the
1-13 council in accordance with [administer appropriations under the
1-14 developmental disabilities program established by] this chapter and
1-15 federal law.
1-16 (3) "Developmental disability" means a severe, chronic
1-17 disability as defined by applicable federal developmental
1-18 disability laws.
1-19 (4) "Applicable federal developmental disability laws"
1-20 refers to the various Acts of congress providing for assistance and
1-21 services to persons with developmental disabilities [the
1-22 developmentally disabled] and codified as 42 U.S.C. [USCA, Chapter
1-23 75,] Section 6000 et seq.
1-24 (5) ["Facility for persons with developmental
2-1 disabilities" means a facility, or a specified portion of a
2-2 facility, that is designed primarily for the delivery of one or
2-3 more services to persons with one or more developmental
2-4 disabilities, as those terms are defined in the applicable federal
2-5 developmental disabilities laws.]
2-6 [(6)] "Protection and advocacy system" means the
2-7 system established in this state under the applicable federal
2-8 developmental disabilities laws for the purpose of advocating for
2-9 and protecting the rights of persons with developmental
2-10 disabilities.
2-11 SECTION 2. Section 112.014(a), Human Resources Code, is
2-12 amended to read as follows:
2-13 (a) A position on the council becomes vacant if:
2-14 (1) a member resigns from the council by providing
2-15 written notice to the chair; or
2-16 (2) a member ceases to be a resident of this state[;
2-17 or]
2-18 [(3) a member misses three consecutive regular or
2-19 special council meetings].
2-20 SECTION 3. Subchapter B, Chapter 112, Human Resources Code,
2-21 is amended by amending Sections 112.012, 112.015, 112.018, 112.019,
2-22 112.020, and 112.023 and by adding Sections 112.0111, 112.0161,
2-23 112.0162, 112.0163, 112.0201, 112.022, and 112.0221 to read as
2-24 follows:
2-25 Sec. 112.0111. DEFINITION. In this subchapter, "executive
2-26 director" means the executive director of the council.
2-27 Sec. 112.012. MEMBERS. The members of the council shall be
3-1 appointed by the governor in accordance with applicable federal
3-2 developmental disability laws. Appointments to the council shall
3-3 be made without regard to:
3-4 (1) the race, color, sex, religion, age, or national
3-5 origin of the appointees; or
3-6 (2) the disability of the appointees, except as
3-7 required by applicable federal developmental disability laws.
3-8 Sec. 112.015. EXPENSES. (a) Council members appointed
3-9 under Section 112.012 [112.012(c) or (d) of this code] serve
3-10 without salary but are entitled to reimbursement for actual
3-11 expenses incurred in performing their duties, including travel,
3-12 meals, lodging, and telephone long-distance charges.
3-13 (b) Members of the council who have a disability [are
3-14 disabled] and who, because of the disability, require special aids
3-15 or travel companions are entitled to reimbursement for those costs.
3-16 Sec. 112.0161. CONFLICTS OF INTEREST. (a) In this section,
3-17 "Texas trade association" means a cooperative and voluntarily
3-18 joined association of business or professional competitors in this
3-19 state designed to assist its members and its industry or profession
3-20 in dealing with mutual business or professional problems and in
3-21 promoting their common interest.
3-22 (b) A person may not be a member of the council and may not
3-23 be a council employee employed in a "bona fide executive,
3-24 administrative, or professional capacity," as that phrase is used
3-25 for purposes of establishing an exemption to the overtime
3-26 provisions of the federal Fair Labor Standards Act of 1938 (29
3-27 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
4-1 (1) the person is an officer, employee, or paid
4-2 consultant of a Texas trade association in the field of
4-3 developmental disabilities; or
4-4 (2) the person's spouse is an officer, manager, or
4-5 paid consultant of a Texas trade association in the field of
4-6 developmental disabilities.
4-7 (c) Unless otherwise required by applicable federal
4-8 developmental disability laws, a person may not be a member of the
4-9 council or act as the general counsel to the council if the person
4-10 is required to register as a lobbyist under Chapter 305,
4-11 Government Code, because of the person's activities for
4-12 compensation on behalf of a profession related to the operation of
4-13 the council.
4-14 Sec. 112.0162. REMOVAL OF COUNCIL MEMBER. (a) It is a
4-15 ground for removal from the council that a member:
4-16 (1) does not have at the time of taking office the
4-17 qualifications required by applicable federal developmental
4-18 disability laws;
4-19 (2) is ineligible for membership under Section
4-20 112.0161;
4-21 (3) fails to discharge the member's duties for a
4-22 substantial part of the member's term; or
4-23 (4) is absent from more than half of the regularly
4-24 scheduled council meetings that the member is eligible to attend
4-25 during a calendar year without an excuse approved by a majority
4-26 vote of the council.
4-27 (b) The validity of an action of the council is not affected
5-1 by the fact that it is taken when a ground for removal of a council
5-2 member exists.
5-3 (c) If the executive director has knowledge that a potential
5-4 ground for removal exists, the executive director shall notify the
5-5 presiding officer of the council of the potential ground. The
5-6 presiding officer shall then notify the governor and the attorney
5-7 general that a potential ground for removal exists. If the
5-8 potential ground for removal involves the presiding officer, the
5-9 executive director shall notify the next highest ranking officer of
5-10 the council, who shall then notify the governor and the attorney
5-11 general that a potential ground for removal exists.
5-12 Sec. 112.0163. COUNCIL MEMBER TRAINING. (a) A person who
5-13 is appointed to and qualifies for office as a member of the council
5-14 may not vote, deliberate, or be counted as a member in attendance
5-15 at a meeting of the council until the person completes a training
5-16 program that complies with this section.
5-17 (b) The training program must provide the person with
5-18 information regarding:
5-19 (1) the legislation that created the council;
5-20 (2) the programs operated by the council;
5-21 (3) the role and functions of the designated state
5-22 agency and council under this chapter and applicable federal
5-23 developmental disability laws;
5-24 (4) the rules of the council with an emphasis on the
5-25 rules that relate to disciplinary and investigatory authority;
5-26 (5) the current budget for the council;
5-27 (6) the results of the most recent formal audit of the
6-1 council;
6-2 (7) the requirements of:
6-3 (A) the open meetings law, Chapter 551,
6-4 Government Code;
6-5 (B) the public information law, Chapter 552,
6-6 Government Code;
6-7 (C) the administrative procedure law, Chapter
6-8 2001, Government Code; and
6-9 (D) other laws relating to public officials,
6-10 including conflict of interest laws; and
6-11 (8) any applicable ethics policies adopted by the
6-12 council or the Texas Ethics Commission.
6-13 (c) A person appointed to the council is entitled to
6-14 reimbursement, as provided by the General Appropriations Act, for
6-15 the travel expenses incurred in attending the training program
6-16 regardless of whether the attendance at the program occurs before
6-17 or after the person qualifies for office.
6-18 Sec. 112.018. DESIGNATED STATE [ADMINISTERING] AGENCY. (a)
6-19 The governor shall designate, by executive order, a state agency to
6-20 provide administrative support to the council and receive [and
6-21 administer] federal and state funds appropriated for the council.
6-22 In accordance with federal law, the governor may select one of the
6-23 following to serve as the designated state agency:
6-24 (1) the council;
6-25 (2) a state agency that does not provide or pay for
6-26 services made available to persons with developmental disabilities;
6-27 (3) a state agency that provides or pays for services
7-1 made available to persons with developmental disabilities if the
7-2 state agency was designated by the governor under this section
7-3 before June 30, 1994, and the governor has not changed the
7-4 designation;
7-5 (4) a state office, including the office of the
7-6 governor; or
7-7 (5) a state planning office [developmental
7-8 disabilities program established by this chapter and federal law].
7-9 (b) The designated state [administering] agency shall
7-10 receive, deposit, and disburse funds for the council [developmental
7-11 disabilities program] in accordance with this chapter, applicable
7-12 federal developmental disability laws [law], and the purposes and
7-13 priorities established by the council in the state plan developed
7-14 under Section 112.019 [of this code].
7-15 (c) The designated state [administering] agency, in
7-16 accordance with state law and procedures, [shall make the final
7-17 decision regarding the award of grants under this chapter and]
7-18 shall provide for fiscal control and fund-accounting procedures
7-19 necessary to assure the proper disbursement of and accounting for
7-20 [grant] funds available to the council.
7-21 (d) Unless the council is serving as the designated state
7-22 agency, the council [The administering agency] shall enter into a
7-23 memorandum of understanding with the designated state agency that
7-24 delineates the roles and responsibilities of the designated state
7-25 agency under this chapter [provide staff to be assigned to assist
7-26 the council. The administering agency shall, within the
7-27 limitations of appropriations, set aside funds necessary to
8-1 adequately staff the council so that the council may perform its
8-2 duties].
8-3 (e) [The administering agency shall negotiate a written
8-4 management agreement with the council that must be approved by the
8-5 council and by the governing board of the administering agency.
8-6 The council and the administering agency shall review the
8-7 management agreement annually. The management agreement must:]
8-8 [(1) identify the number and positions of staff to be
8-9 assigned to the council;]
8-10 [(2) specify that the executive director of the
8-11 developmental disabilities program is responsible to the council
8-12 and that the staff is responsible to the executive director; and]
8-13 [(3) comply with this chapter.]
8-14 [(f)] The designated state [administering] agency may adopt
8-15 rules as necessary to implement the agency's duties under [for the
8-16 operation of] this chapter and [for compliance and implementation
8-17 of] applicable federal developmental disability laws.
8-18 (f) A designated state agency may not assign duties to staff
8-19 of the council unless the council is serving as the designated
8-20 state agency.
8-21 Sec. 112.019. STATE PLAN FOR DEVELOPMENTAL DISABILITIES.
8-22 (a) The council shall develop and submit [jointly with the
8-23 administering agency] the state plan for persons with developmental
8-24 disabilities. The plan must conform to applicable federal
8-25 developmental disability laws.
8-26 (b) Unless the council is serving as the designated state
8-27 agency, the council shall consult with the designated state agency
9-1 before submitting the state plan required by this section solely
9-2 to:
9-3 (1) obtain appropriate assurances with respect to the
9-4 plan as required by federal law; and
9-5 (2) ensure that the plan is consistent with state law.
9-6 Sec. 112.020. ADDITIONAL COUNCIL POWERS AND DUTIES. (a) In
9-7 addition to powers and duties derived by the council from
9-8 applicable federal developmental disability laws or other
9-9 provisions of this chapter, the council shall:
9-10 (1) undertake at the request of the governor and the
9-11 legislature activities appropriate to the achievement of
9-12 legislative and executive functions relating to persons with
9-13 developmental disabilities or other disabling [handicapping]
9-14 conditions; [and]
9-15 (2) submit to the governor, legislature, and other
9-16 appropriate state and federal authorities periodic reports on the
9-17 council's responsibilities and performance;
9-18 (3) develop and implement policies that clearly
9-19 separate the policymaking responsibilities of the council and the
9-20 management responsibilities of the executive director and the staff
9-21 of the council; and
9-22 (4) develop and implement policies that provide the
9-23 public with a reasonable opportunity to appear before the council
9-24 and to speak on any issue under the jurisdiction of the council.
9-25 (b) The council may:
9-26 (1) adopt rules as necessary to implement the
9-27 council's duties and responsibilities under this chapter and
10-1 applicable federal developmental disability laws;
10-2 (2) approve and execute an annual budget for council
10-3 activities under this chapter that is consistent with applicable
10-4 federal developmental disability laws; and
10-5 (3) contract with or provide grants to agencies,
10-6 organizations, or individuals as necessary to implement council
10-7 activities under this chapter.
10-8 Sec. 112.0201. COMPLAINTS. (a) The council shall maintain
10-9 a file on each written complaint filed with the council. The file
10-10 must include:
10-11 (1) the name of the person who filed the complaint;
10-12 (2) the date the complaint is received by the council;
10-13 (3) the subject matter of the complaint;
10-14 (4) the name of each person contacted in relation to
10-15 the complaint;
10-16 (5) a summary of the results of the review or
10-17 investigation of the complaint; and
10-18 (6) an explanation of the reason the file was closed,
10-19 if the council closed the file without taking action other than to
10-20 investigate the complaint.
10-21 (b) The council shall provide to the person filing the
10-22 complaint and to each person who is a subject of the complaint a
10-23 copy of the council's policies and procedures relating to complaint
10-24 investigation and resolution.
10-25 (c) The council, at least quarterly and until final
10-26 disposition of the complaint, shall notify the person filing the
10-27 complaint and each person who is a subject of the complaint of the
11-1 status of the investigation unless the notice would jeopardize an
11-2 undercover investigation.
11-3 Sec. 112.022. EXECUTIVE DIRECTOR. (a) The council shall
11-4 hire an executive director in accordance with 42 U.S.C. Section
11-5 6024(c) and its subsequent amendments to carry out the policies and
11-6 activities established by the council.
11-7 (b) The executive director shall hire and supervise
11-8 necessary staff who will be responsible solely for carrying out
11-9 activities designated by the council and consistent with:
11-10 (1) applicable federal developmental disability laws;
11-11 and
11-12 (2) this chapter.
11-13 (c) The executive director or the executive director's
11-14 designee shall provide to members of the council and to council
11-15 employees, as often as necessary, information regarding the
11-16 requirements for office or employment under this subchapter,
11-17 including information regarding a person's responsibilities under
11-18 applicable laws relating to standards of conduct for state officers
11-19 or employees.
11-20 Sec. 112.0221. EQUAL EMPLOYMENT OPPORTUNITY POLICY.
11-21 (a) The executive director or the executive director's designee
11-22 shall prepare and maintain a written policy statement that
11-23 implements a program of equal employment opportunity to ensure that
11-24 all personnel decisions are made without regard to race, color,
11-25 disability, sex, religion, age, or national origin.
11-26 (b) The policy statement must include:
11-27 (1) personnel policies, including policies relating to
12-1 recruitment, evaluation, selection, training, and promotion of
12-2 personnel, that show the intent of the council to avoid the
12-3 unlawful employment practices described by Chapter 21, Labor Code;
12-4 and
12-5 (2) an analysis of the extent to which the composition
12-6 of the council's personnel is in accordance with state and federal
12-7 law and a description of reasonable methods to achieve compliance
12-8 with state and federal law.
12-9 (c) The policy statement must:
12-10 (1) be updated annually;
12-11 (2) be reviewed by the state Commission on Human
12-12 Rights for compliance with Subsection (b)(1); and
12-13 (3) be filed with the governor's office.
12-14 Sec. 112.023. SUNSET PROVISION. The Texas Planning Council
12-15 for Developmental Disabilities is subject to Chapter 325,
12-16 Government Code (Texas Sunset Act). Unless continued in existence
12-17 as provided by that chapter, the council is abolished and this
12-18 chapter expires September 1, 2011 [1999].
12-19 SECTION 4. On the effective date of this Act, a rule that
12-20 was previously adopted by the Texas Rehabilitation Commission under
12-21 Section 112.018, Human Resources Code, as that section existed
12-22 before amendment by this Act, and that is in effect immediately
12-23 before the effective date of this Act, other than a rule relating
12-24 to the implementation of the responsibilities of the commission
12-25 under Section 112.018(a), (b), or (c), Human Resources Code, as
12-26 amended by this Act, becomes a rule of the Texas Planning Council
12-27 for Developmental Disabilities and remains in effect until amended
13-1 or repealed by the council.
13-2 SECTION 5. As soon as practicable after the effective date
13-3 of this Act, the designated state agency and the Texas Planning
13-4 Council for Developmental Disabilities shall enter into the
13-5 memorandum of understanding required by Section 112.018(d), Human
13-6 Resources Code, as amended by this Act. The management agreement
13-7 executed by the agency and council under Section 112.018(e), Human
13-8 Resources Code, as that section existed before amendment by this
13-9 Act, terminates on the date on which the memorandum of
13-10 understanding is executed by the agency and the council.
13-11 SECTION 6. (a) This Act takes effect September 1, 1999.
13-12 (b) The changes in law made by this Act in the prohibitions
13-13 applying to members of the Texas Planning Council for Developmental
13-14 Disabilities do not affect the entitlement of a member serving on
13-15 the council immediately before September 1, 1999, to continue to
13-16 carry out the functions of the council for the remainder of the
13-17 member's term. The changes in law apply only to a member appointed
13-18 on or after September 1, 1999. This Act does not prohibit a person
13-19 who is a member of the council on September 1, 1999, from being
13-20 reappointed to the council if the person has the qualifications
13-21 required for a member under Chapter 112, Human Resources Code, as
13-22 amended by this Act.
13-23 SECTION 7. The importance of this legislation and the
13-24 crowded condition of the calendars in both houses create an
13-25 emergency and an imperative public necessity that the
13-26 constitutional rule requiring bills to be read on three several
13-27 days in each house be suspended, and this rule is hereby suspended.