1-1     By:  Lucio                                             S.B. No. 361
 1-2           (In the Senate - Filed January 23, 2001; January 25, 2001,
 1-3     read first time and referred to Committee on Health and Human
 1-4     Services; April 4, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 9, Nays 0;
 1-6     April 4, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 361                   By:  Carona
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the membership and activities of the Interagency
1-11     Council on Autism and Pervasive Developmental Disorders.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsections (b), (c), (d), (e), and (g), Section
1-14     114.003, Human Resources Code, are amended to read as follows:
1-15           (b)  The council is composed of:
1-16                 (1)  seven [two] public members, the majority of whom
1-17     [who] are family members of a person with autism or a [some other]
1-18     pervasive developmental disorder, appointed by the governor with
1-19     the advice and consent of the senate; and
1-20                 (2)  one representative from each of the following
1-21     state agencies, to serve as ex officio members [appointed by the
1-22     commissioner of the respective agency]:
1-23                       (A)  Texas Department of Mental Health and Mental
1-24     Retardation;
1-25                       (B)  Texas Department of Health;
1-26                       (C)  Texas Department of Human Services;
1-27                       (D)  Texas Education Agency; [and]
1-28                       (E)  Texas Rehabilitation Commission; and
1-29                       (F)  Interagency Council on Early Childhood
1-30     Intervention.
1-31           (c)  The commissioner or executive head of each state agency
1-32     shall appoint as that agency's representative the person in the
1-33     agency who is most familiar with and best informed about autism and
1-34     other pervasive developmental disorders.  An ex officio member
1-35     serves in an advisory capacity only and may not:
1-36                 (1)  serve as chairperson; or
1-37                 (2)  vote.
1-38           (d)  The public members appointed by the governor serve
1-39     two-year terms that expire on February 1 of each odd-numbered year.
1-40     The public members may be reappointed.  A representative of a state
1-41     agency serves at the pleasure of the commissioner or executive head
1-42     of that agency.  A public member is entitled to [The members may
1-43     not receive compensation or] reimbursement of the travel [for]
1-44     expenses incurred by the public member while conducting the
1-45     business of the council, as provided in the General Appropriations
1-46     Act.
1-47           (e)  The public members of the council shall annually elect
1-48     one public member to serve as chairperson.
1-49           (g)  Any actions taken by the council must be approved by a
1-50     majority vote of the public members present.
1-51           SECTION 2.  Section 114.004, Human Resources Code, is amended
1-52     to read as follows:
1-53           Sec. 114.004.  STAFF SUPPORT.  The agencies represented on
1-54     the council shall provide staff support to the council from among
1-55     the agency staff who are responsible for coordinating services to
1-56     persons with autism or other pervasive developmental disorders or
1-57     to those persons' families.  The council may require the employment
1-58     of staff to perform clerical duties.  The commissioner shall
1-59     determine which agency must employ clerical staff for the council
1-60     [is not authorized to expend any funds on staff salaries].
1-61           SECTION 3.  Subsection (c), Section 114.006, Human Resources
1-62     Code, is repealed.
1-63           SECTION 4.  As soon as possible after the effective date of
1-64     this Act, the governor shall appoint five new members to the
 2-1     Interagency Council on Autism and Pervasive Developmental Disorders
 2-2     as required by Section 114.003, Human Resources Code, as amended by
 2-3     this Act.
 2-4           SECTION 5.  This Act takes effect September 1, 2001.
 2-5                                  * * * * *