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A BILL TO BE ENTITLED
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AN ACT
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relating to the Interagency Task Force for Children with Special |
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Needs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 2, Health and Safety Code, is |
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amended by adding Chapter 115 to read as follows: |
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CHAPTER 115. TASK FORCE FOR CHILDREN WITH SPECIAL NEEDS |
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Sec. 115.001. DEFINITIONS. In this chapter: |
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(1) "Children with special needs" means children |
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younger than 22 years of age diagnosed with a chronic illness, |
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intellectual or other developmental disability, or serious mental |
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illness. |
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(2) "Commission" means the Health and Human Services |
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Commission. |
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(3) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(4) "Task force" means the Interagency Task Force for |
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Children with Special Needs established under this chapter. |
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Sec. 115.002. TASK FORCE FOR CHILDREN WITH SPECIAL NEEDS. |
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The governor, or the governor's designee, shall oversee the task |
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force created and administered by the commission to improve the |
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coordination, quality, and efficiency of services for children with |
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special needs. |
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Sec. 115.003. DUTIES. The task force shall: |
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(1) not later than September 1, 2010, coordinate with |
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federal agencies to compile a list of opportunities to increase |
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flexible funding for services for children with special needs, |
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including alternative funding sources and service delivery |
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options; |
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(2) conduct a review of state agency policies and |
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procedures related to service delivery for children with special |
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needs; |
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(3) perform a needs assessment, including public |
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hearings to identify service delivery gaps, system entry points, |
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and service obstacles; and |
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(4) develop a five-year plan to improve the |
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coordination, quality, and efficiency of services for children with |
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special needs under Section 115.004. |
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Sec. 115.004. TASK FORCE PLAN. (a) In developing the |
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five-year plan under this chapter, the task force shall: |
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(1) identify the party responsible for each action set |
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forth in the plan and set deadlines for implementation of each |
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recommendation; |
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(2) create benchmarks to measure progress toward goals |
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and objectives; |
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(3) consult with the Legislative Budget Board to |
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coordinate relevant cost studies and account for long-term savings |
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of short-term child investments; |
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(4) consult with personnel from other states to |
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identify best practices; |
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(5) consult with the state demographer and relevant |
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federal agencies to account for future demographic trends; |
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(6) consult with pediatric specialists and other |
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health care providers to determine best medical practices; |
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(7) coordinate with mental health and developmental |
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disability advocates; and |
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(8) develop a timeline for plan implementation. |
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(b) The plan created under this chapter must provide |
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recommendations to: |
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(1) maximize the use of federal funds available to |
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this state for the purposes described by Section 115.002; |
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(2) reduce the number of families who experience |
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crisis due to insufficient and ineffective interventions or |
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services or lack of coordination and planning of interventions or |
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services; |
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(3) improve families' ability to navigate the system |
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through improved coordination between service providers and |
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increased outreach; |
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(4) remove barriers to local coordination of services |
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and supports; |
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(5) evaluate the feasibility of creating an |
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interagency legally authorized representative program to provide |
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support services for children with special needs; |
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(6) improve early detection and intervention |
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services; |
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(7) increase the number of community-based options for |
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children with special needs; |
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(8) improve accountability for each agency |
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represented on the task force and other service providers; |
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(9) reduce existing fragmentation of service delivery |
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to reflect best practices and eliminate ineffective interventions; |
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(10) reduce service gaps and overlap; |
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(11) improve data management; |
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(12) prevent unnecessary parental relinquishment of |
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custody; |
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(13) create a core set of quality measures to |
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determine quality of care and improvements to quality of life; and |
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(14) improve availability of high-quality |
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community-based acute and long-term care services and supports. |
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Sec. 115.005. MEMORANDUM OF UNDERSTANDING. The governor's |
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office and each agency represented on the task force shall enter |
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into a memorandum of understanding to implement the task force's |
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duties under this chapter. |
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Sec. 115.006. REPORT. (a) The task force shall submit a |
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biennial report on the progress of each agency represented on the |
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task force in accomplishing the goals described by Section 115.002 |
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to the governor, lieutenant governor, and speaker of the house of |
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representatives. |
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(b) The report must include: |
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(1) stakeholder input, including testimony from |
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parents in each health and human services district; |
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(2) progress toward meeting each goal outlined in the |
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plan under Section 115.004; |
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(3) current barriers that prevent accomplishing each |
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goal listed in Subdivision (2); |
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(4) additional resource needs; |
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(5) current resources that could be redirected for |
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more efficient and effective use; |
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(6) amendments to the plan under this chapter; |
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(7) recommendations and proposed legislation to help |
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fulfill the goals of this chapter; and |
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(8) feasibility statements on related |
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recommendations. |
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(c) The task force shall publish the report on the |
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commission's website. |
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Sec. 115.007. COMPOSITION. (a) The task force consists |
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of: |
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(1) the commissioner, the executive director or |
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director, or a deputy or assistant commissioner of: |
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(A) the commission, designated by the executive |
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commissioner; |
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(B) the Department of Aging and Disability |
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Services, designated by the commissioner of that agency; |
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(C) the Department of Assistive and |
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Rehabilitative Services, designated by the commissioner of that |
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agency; |
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(D) the division of early childhood intervention |
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services, designated by the commissioner of the Department of |
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Assistive and Rehabilitative Services; |
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(E) the Department of Family and Protective |
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Services, designated by the commissioner of that agency; |
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(F) the Department of State Health Services, |
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designated by the commissioner of that agency; |
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(G) the Texas Education Agency, designated by the |
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commissioner of that agency; |
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(H) the Texas Youth Commission, designated by the |
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executive commissioner of that agency; |
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(I) the Texas Juvenile Probation Commission, |
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designated by the executive director of that agency; and |
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(J) the Texas Correctional Office on Offenders |
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with Medical or Mental Impairments, designated by the director of |
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that office; and |
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(2) eight nonvoting members who are: |
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(A) a representative of a local mental health |
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authority or a local mental retardation authority, appointed by the |
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governor; |
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(B) two members of the house of representatives, |
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appointed by the speaker of the house of representatives; |
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(C) two senators, appointed by the lieutenant |
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governor; and |
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(D) three parents or consumer advocates, one each |
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appointed by the commission, the Texas Education Agency, and the |
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Texas Youth Commission. |
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(b) The members of the task force appointed under Subsection |
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(a)(2)(D) may serve a five-year term or may elect to serve for a |
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shorter period. |
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Sec. 115.008. MEETINGS. (a) The task force shall meet at |
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least once each quarter. |
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(b) The task force shall provide an opportunity for |
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statewide public participation in at least two meetings in each |
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calendar year. |
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(c) All meetings of the task force shall be conducted in |
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accordance with Chapter 551, Government Code. |
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Sec. 115.009. INTERAGENCY COORDINATOR; STAFF. (a) The |
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governor shall appoint an interagency coordinator from the |
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commission as the presiding officer of the task force. |
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(b) The interagency coordinator shall hire a full-time |
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director and administrative assistant to support the duties and |
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functions of the task force. |
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Sec. 115.010. TASK FORCE DIRECTOR. The task force director |
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hired by the interagency coordinator under Section 115.009 shall: |
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(1) prepare on behalf of the task force the plan and |
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reports required under this chapter; |
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(2) work with each task force representative to |
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schedule meetings and deadlines relevant to the representative's |
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agency; and |
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(3) work with the interagency coordinator to assign |
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subcommittee leadership positions under Section 115.011. |
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Sec. 115.011. SUBCOMMITTEES. (a) The interagency |
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coordinator, assisted by the task force director, shall establish |
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subcommittees to address: |
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(1) early childhood detection and intervention; |
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(2) education; |
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(3) health care; |
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(4) transitioning youth; |
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(5) crisis prevention and intervention; |
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(6) juvenile justice; |
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(7) long-term, community-based services and supports; |
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and |
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(8) mental health. |
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(b) Each subcommittee shall include at least one task force |
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member to serve as chair. Consistent with the purpose of each |
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subcommittee, members shall consult with relevant subject matter |
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experts, relevant advocacy organizations, staff from related |
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agencies, and parents or consumers who have used related services. |
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(c) Each subcommittee shall report the subcommittee's |
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findings and related recommendations at a task force meeting at |
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least once each year. On a biennial basis, the subcommittee shall |
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provide a written report with findings and recommendations not less |
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than two months before the scheduled release of the task force |
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report under this chapter. |
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Sec. 115.012. SUNSET PROVISION. The Interagency Task Force |
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for Children With Special Needs is subject to Chapter 325, |
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Government Code (Texas Sunset Act). Unless continued in existence |
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as provided by that chapter, the task force is abolished and this |
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chapter expires September 1, 2015. |
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SECTION 2. (a) As soon as practicable after the effective |
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date of this Act: |
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(1) the governor shall appoint the interagency |
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coordinator of the Interagency Task Force for Children with Special |
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Needs as required by Section 115.009, Health and Safety Code, as |
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added by this Act; and |
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(2) the lieutenant governor, speaker of the house of |
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representatives, and executive commissioner, commissioner, |
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executive director, or director of each entity listed under Section |
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115.007, Health and Safety Code, as added by this Act, shall appoint |
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the members of the Interagency Task Force for Children with Special |
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Needs established by Chapter 115, Health and Safety Code, as added |
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by this Act. |
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(b) The Interagency Task Force for Children with Special |
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Needs shall hold an organizational meeting not later than September |
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30, 2009. |
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(c) The interagency coordinator shall appoint the |
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subcommittees created under Section 115.011, Health and Safety |
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Code, as added by this Act, not later than December 1, 2009. |
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(d) The plan required under Chapter 115, Health and Safety |
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Code, as added by this Act, must be submitted to the 82nd |
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Legislature not later than September 1, 2011. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2009. |