By:  Villarreal, Davis of Harris                          H.B. No. 404        
 
    (Senate Sponsor - Shapleigh)                                             
	(In the Senate - Received from the House March 23, 2005; 
March 30, 2005, read first time and referred to Committee on Health 
and Human Services; April 28, 2005, reported adversely, with 
favorable Committee Substitute by the following vote:  Yeas 7, 
Nays 0; April 28, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 404                                    By:  Nelson


A BILL TO BE ENTITLED

AN ACT


relating to the membership of the Family and Protective Services 
Council. 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 40.021, Human Resources Code, is amended 
by adding Subsection (g) to read as follows:
	(g)  One of the members of the council under Subsection (b) 
must be a person who was a child in the foster care system.  If after 
conducting a search, the governor determines that no qualified 
individual under this subsection is available, the governor may 
appoint another person qualified under Subsection (b).
	SECTION 2.  (a)  The change in law made by this Act to 
Section 40.021, Human Resources Code, relating to the 
qualifications of members of the Family and Protective Services 
Council does not affect the entitlement of a member of the council 
serving immediately before the effective date of this Act to 
continue to serve on the council for the term to which the member 
was appointed.
	(b)  As the terms of the members of the council expire or as 
vacancies on the council occur, the governor shall make 
appointments to the council to achieve, as soon as possible, the 
membership plan prescribed by Section 40.021, Human Resources Code, 
as amended by this Act.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.



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