S.B. No. 882
AN ACT
relating to autism and pervasive developmental disorders and the
Texas Council on Autism and Pervasive Developmental Disorders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 114, Human Resources
Code, is amended to read as follows:
CHAPTER 114. TEXAS [INTERAGENCY] COUNCIL ON AUTISM AND PERVASIVE
DEVELOPMENTAL DISORDERS
SECTION 2. Section 114.001, Human Resources Code, is
amended to read as follows:
Sec. 114.001. SHORT TITLE. This chapter may be cited as the
Texas [Interagency] Council on Autism and Pervasive Developmental
Disorders Act of 1987.
SECTION 3. Section 114.002, Human Resources Code, is
amended to read as follows:
Sec. 114.002. DEFINITIONS. In this chapter:
(1) "Autism and other pervasive developmental
disorders" means a subclass of mental disorders characterized by
distortions in the development of multiple basic psychological
functions that are involved in the development of social skills and
language, as defined by the Diagnostic and Statistical Manual, 4th
[3rd] Edition.
(2) "Council" means the Texas [Interagency] Council on
Autism and Pervasive Developmental Disorders.
SECTION 4. The heading to Section 114.003, Human Resources
Code, is amended to read as follows:
Sec. 114.003. [INTERAGENCY] COUNCIL.
SECTION 5. Subsections (a), (b), and (d), Section 114.003,
Human Resources Code, are amended to read as follows:
(a) The Texas [Interagency] Council on Autism and Pervasive
Developmental Disorders is established.
(b) The council is composed of:
(1) seven public members, the majority of whom are
family members of a person with autism or a pervasive developmental
disorder, appointed by the governor with the advice and consent of
the senate; and
(2) one representative from each of the following
state agencies, to serve as ex officio members:
(A) [Texas] Department of Aging and Disability
Services [Mental Health and Mental Retardation];
(B) [Texas] Department of State Health Services;
(C) Health and [Texas Department of] Human
Services Commission;
(D) Texas Education Agency;
(E) Department of Assistive and Rehabilitative
Services [Texas Rehabilitation Commission]; and
(F) Department of Family and Protective Services
[Interagency Council on Early Childhood Intervention].
(d) The public members appointed by the governor serve
staggered two-year terms with the terms of three or four members
expiring [that expire] on February 1 of each [odd-numbered] year.
The public members may be reappointed. A representative of a state
agency serves at the pleasure of the commissioner or executive head
of that agency. A public member is entitled to reimbursement of the
travel expenses incurred by the public member while conducting the
business of the council, as provided in the General Appropriations
Act.
SECTION 6. Section 114.004, Human Resources Code, is
amended to read as follows:
Sec. 114.004. STAFF SUPPORT. The agencies represented on
the council shall provide staff support to the council from among
the agency staff who are responsible for coordinating services to
persons with autism or other pervasive developmental disorders or
to those persons' families. The council may require the employment
of staff to carry out the responsibilities of the council [perform
clerical duties]. The executive commissioner of the Health and
[Texas Department of] Human Services Commission shall determine
which agency must employ [clerical] staff for the council and what
funding resources shall be used for the council.
SECTION 7. Section 114.005, Human Resources Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) The chair of the council [task force] shall appoint the
chair of the task force, [elect its own chairperson] and the task
force shall meet and serve in accordance with council rules. The
council may divide the task force into regional committees to
assist the council in community level program planning and
implementation.
(c) A member of the task force may be appointed or removed
without cause by a majority vote of the public members of the
council present at a council meeting.
SECTION 8. Subsections (a), (b), and (c), Section 114.007,
Human Resources Code, are amended to read as follows:
(a) The council shall provide recommendations to the Health
and Human Services Commission and other appropriate state agencies
[Texas Department of Mental Health and Mental Retardation as the
state agency primarily] responsible for implementing this chapter,
including recommendations relating to the use of funds appropriated
to the commission or another health and human services agency
[department] to provide services to persons with autism or other
pervasive developmental disorders.
(b) The council with the advice of the advisory task force
and input from people with autism and other pervasive developmental
disorders, their families, and related advocacy organizations
shall address contemporary issues affecting services available to
persons with autism or other pervasive developmental disorders in
this state, including:
(1) successful intervention and treatment strategies,
including transitioning;
(2) personnel preparation and continuing education;
(3) referral, screening, and evaluation services;
(4) day care, respite care, or residential care
services;
(5) vocational and adult training programs;
(6) public awareness strategies;
(7) contemporary research;
(8) early identification strategies;
(9) family counseling and case management; and
(10) recommendations for monitoring autism service
programs.
(c) The council with the advice of the advisory task force
and input from people with autism and other pervasive developmental
disorders, their families, and related advocacy organizations
shall advise the legislature on legislation that is needed to
develop further and to maintain a statewide system of quality
intervention and treatment services for all persons with autism or
other pervasive developmental disorders. The council may develop
and recommend legislation to the legislature or comment on pending
legislation that affects those persons.
SECTION 9. Section 114.008, Human Resources Code, is
amended to read as follows:
Sec. 114.008. REPORT. (a) The agencies represented on the
council and the public members shall report to the council any
requirements identified by the agency or person to provide
additional or improved services to persons with autism or other
pervasive developmental disorders. Not later than November 1 of
each year, the council shall prepare and deliver to the executive
commissioner of the Health and Human Services Commission, the
governor, the lieutenant governor, and the speaker of the house of
representatives a report summarizing the recommendations.
(b) The council shall develop a strategy for establishing
new programs to meet the requirements identified through the
council's review and assessment and from input from the task force,
people with autism and related pervasive developmental disorders,
their families, and related advocacy organizations [by the agencies
and the public members].
SECTION 10. Section 114.010, Human Resources Code, is
amended by adding Subsection (d) to read as follows:
(d) Funds may be appropriated from available resources to
allow the council to provide recommendations to the Health and
Human Services Commission and other appropriate state agencies
responsible for implementing this chapter, including
recommendations relating to the use of funds appropriated to the
commission or another health and human services agency to provide
services to persons with autism or other pervasive developmental
disorders.
SECTION 11. Subsection (c), Section 114.011, Human
Resources Code, is amended to read as follows:
(c) The council shall develop with the Health and Human
Services Commission and any agency designated by the commission
[Texas Department of Mental Health and Mental Retardation]
procedures for allocating available funds to programs approved
under this section.
SECTION 12. Section 29.005, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) The commissioner by rule may require a school district
to include in the individualized education program of a student
with autism or another pervasive developmental disorder any
information or requirement determined necessary to ensure the
student receives a free appropriate public education as required
under the Individuals with Disabilities Education Act (20 U.S.C.
Section 1400 et seq.).
SECTION 13. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0051 to read as follows:
Sec. 29.0051. STUDY OF RULE CONCERNING CONTENT OF
INDIVIDUALIZED EDUCATION PROGRAM FOR STUDENT WITH PERVASIVE
DEVELOPMENTAL DISORDER. (a) The agency shall establish a
committee composed of parents of students with autism or other
pervasive developmental disorders, teachers, school
administrators, and other interested persons to study the rule
concerning the content of an individualized education program for a
student with autism or another pervasive developmental disorder (19
T.A.C. Section 89.1055(e)). School district employees or
educational consultants or contractors who receive or are employed
by entities that receive compensation from a school district may
not constitute more than 50 percent of the committee.
(b) In studying the rule, the committee shall consider
whether any other considerations, such as applied behavior
analysis, communication training, or the use of inclusive settings,
should be included in the rule.
(c) Not later than July 1, 2006, the committee shall
recommend to the commissioner any necessary changes to the rule.
(d) This section expires August 1, 2006.
SECTION 14. (a) Notwithstanding Subsection (d), Section
114.003, Human Resources Code, as amended by this Act, a public
member of the Texas Council on Autism and Pervasive Developmental
Disorders serving a term that is scheduled to expire February 1,
2007, under Subsection (d), Section 114.003, Human Resources Code,
as it existed immediately before the effective date of this Act, may
continue to serve the remainder of the public member's term until
February 1, 2007.
(b) The governor shall appoint seven public members to the
Texas Council on Autism and Pervasive Developmental Disorders for
terms beginning February 1, 2007. The governor shall appoint three
persons to a term expiring February 1, 2008, and four persons to a
term expiring February 1, 2009.
SECTION 15. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 882 passed the Senate on
April 13, 2005, by the following vote: Yeas 30, Nays 0;
May 27, 2005, Senate refused to concur in House amendment and
requested appointment of Conference Committee; May 28, 2005, House
granted request of the Senate; May 29, 2005, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 882 passed the House, with
amendment, on May 25, 2005, by a non-record vote; May 28, 2005,
House granted request of the Senate for appointment of Conference
Committee; May 29, 2005, House adopted Conference Committee Report
by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor