SECTION 3. Sections 112.041,
112.042, 112.043, 112.044, 112.047, 112.0471, 112.0472, 112.048, 112.049,
112.050, and 112.051, Human Resources Code, are transferred to Subchapter
E, Chapter 67, Education Code, as added by this Act, redesignated as
Sections 67.81, 67.82, 67.83, 67.84, 67.85, 67.86, 67.87, 67.88, 67.89,
67.90, and 67.91, Education Code, respectively, and amended to read as
follows:
Sec. 67.81 [112.041].
PURPOSE AND POLICY. (a) The purpose of this subchapter [Act]
is to minimize the economic and human losses in Texas caused by preventable
disabilities through the establishment of a joint private-public initiative
called the Office for the Prevention of
Developmental Disabilities.
(b) The legislature finds
there is a strong need for a unified, comprehensive prevention effort in
the State of Texas. Many state agencies, as well as private organizations
and local public agencies, are involved in prevention activities that can
reduce the incidence and severity of developmental disabilities. However,
a coordinated statewide plan that identifies and consolidates research
findings and prevention activities has yet to be developed.
(c) The legislature further
finds that by establishing a mechanism by which prevention activities can
be better coordinated and needed prevention programs can be initiated, the
State of Texas will be making an important investment in Texas's future.
Sec. 67.82 [112.042].
DEFINITIONS. In this subchapter:
(1) ["Commission"
means the Health and Human Services Commission.
[(1-a)]
"Developmental disability" means a severe, chronic disability
that:
(A) is attributable to a
mental or physical impairment or to a combination of a mental and physical
impairment;
(B) is manifested in a
person before the [a] person reaches the age of 22;
(C) is likely to continue
indefinitely;
(D) results in substantial
functional limitations in three or more major life activities, including:
(i) self-care;
(ii) receptive and
expressive language;
(iii) learning;
(iv) mobility;
(v) self-direction;
(vi) capacity for
independent living; and
(vii) economic sufficiency;
and
(E) reflects the person's
needs for a combination and sequence of special interdisciplinary or
generic care, treatment, or other lifelong or extended services that are
individually planned and coordinated.
(2) [(1-b)
"Executive commissioner" means the executive commissioner of the
Health and Human Services Commission.
[(2) "Executive
committee" means the executive committee of the Office for the
Prevention of Developmental Disabilities.
[(3)]
"Office" means the Office for
the Prevention of Developmental Disabilities.
Sec. 67.83 [112.043].
OFFICE FOR THE PREVENTION OF DEVELOPMENTAL DISABILITIES[; ADMINISTRATIVE
ATTACHMENT].
[(a)] The Office for the Prevention of Developmental
Disabilities is established under and administered by [administratively
attached to] the university [Health and Human Services
Commission].
[(b) The Health and Human
Services Commission shall:
[(1) provide
administrative assistance, services, and materials to the office;
[(2) accept, deposit, and
disburse money made available to the office;
[(3) accept gifts and
grants on behalf of the office from any public or private entity;
[(4) pay the salaries and
benefits of the executive director and staff of the office;
[(5) reimburse the travel
expenses and other actual and necessary expenses of the executive
committee, executive director, and staff of the office incurred in the
performance of a function of the office, as provided by the General
Appropriations Act;
[(6) apply for and
receive on behalf of the office any appropriations, gifts, or other money
from the state or federal government or any other public or private entity,
subject to limitations and conditions prescribed by legislative
appropriation;
[(7) provide the office
with adequate computer equipment and support; and
[(8) provide the office
with adequate office space and permit the executive committee to meet in
facilities of the commission.
[(c) The executive
director and staff of the office are employees of the office and not
employees of the Health and Human Services Commission.]
Sec. 67.84 [112.044].
DUTIES. The office shall:
(1) educate the public and
attempt to promote sound public policy regarding the prevention of
developmental disabilities;
(2) identify, collect, and
disseminate information and data concerning the causes, frequency of
occurrence, and preventability of developmental disabilities;
(3) work with appropriate [divisions
within the commission,] state agencies[,] and other entities to
develop a coordinated long-range plan to effectively monitor and reduce the
incidence or severity of developmental disabilities;
(4) promote and facilitate
the identification, development, coordination, and delivery of needed
prevention services;
(5) solicit, receive, and
spend grants and donations from public, private, state, and federal
sources;
(6) identify and encourage
establishment of needed reporting systems to track the causes and
frequencies of occurrence of developmental disabilities;
(7) develop, operate, and
monitor programs created under Section 67.88 [112.048]
addressing the prevention of specific targeted developmental disabilities;
(8)
monitor and assess the effectiveness of [divisions within the commission
and of] state agencies, including the Health and Human Services
Commission, in preventing developmental disabilities;
(9) recommend the role each
[division within the commission and each] state agency should have
with regard to prevention of developmental disabilities;
(10) facilitate coordination
of state agency prevention services and activities [within the
commission and] among appropriate state agencies; and
(11) encourage cooperative,
comprehensive, and complementary planning among public, private, and
volunteer individuals and organizations engaged in prevention activities,
providing prevention services, or conducting related research.
Sec. 67.85 [112.047].
[EXECUTIVE] DIRECTOR. (a) The board
[executive committee] may hire a [an executive]
director to serve as the chief executive
officer of the office and to perform the administrative duties of
the office.
(b) The [executive]
director serves at the will of the board
[executive committee].
(c) The [executive]
director may hire staff within guidelines established by the board [executive committee].
Sec. 67.86 [112.0471].
QUALIFICATIONS AND STANDARDS OF CONDUCT. The [executive] director
or the [executive] director's designee shall provide to members of the board [executive
committee] and to employees of the office, as often as necessary,
information regarding the requirements for office or employment under this
subchapter, including information regarding a person's responsibilities
under applicable laws relating to standards of conduct for state officers
or employees.
Sec. 67.87 [112.0472].
EQUAL EMPLOYMENT OPPORTUNITY POLICIES.
Sec. 67.88 [112.048].
PREVENTION PROGRAMS FOR TARGETED DEVELOPMENTAL DISABILITIES. (a) The office
[executive committee] shall establish guidelines for:
(1) selecting targeted
disabilities;
(2) assessing prevention
services needs; and
(3) reviewing plans,
budgets, and operations for programs under this section.
(b) The office [executive
committee] shall plan and implement prevention programs for
specifically targeted developmental disabilities.
(c) A program under this
section:
(1) must include a plan
designed to reduce the incidence of a specifically targeted disability;
(2) must include a budget
for implementing a plan;
(3) must be funded through:
(A) contracts for services
from participating agencies;
(B) grants and gifts from
private persons and consumer and advocacy organizations; and
(C) foundation support; and
(4) must be approved by the board [executive committee].
Sec. 67.89 [112.049].
EVALUATION. (a) The office shall identify or encourage the establishment
of needed statistical bases for each targeted group against which the
office can measure how effectively a program under Section 67.88 [112.048]
is reducing the frequency or severity of a targeted developmental
disability.
(b) The board [executive committee]
shall regularly monitor and evaluate the results of programs under Section 67.88
[112.048].
Sec. 67.90 [112.050].
GRANTS AND OTHER FUNDING. (a) The board
[executive committee] may apply for and distribute private, state,
and federal funds to implement prevention policies set by the board [executive committee].
(b) The board [executive committee]
shall establish criteria for application and review of funding requests and
accountability standards for recipients. The board [executive committee] may adjust its
criteria as necessary to meet requirements for federal funding.
(c) The board [executive
committee] may not submit a legislative appropriation request for
general revenue funds for purposes of this subchapter.
(d) In addition to funding
under Subsection (a), the office may accept and solicit gifts, donations,
and grants of money from public and private sources, including the federal
government, local governments, and private entities, to assist in financing
the duties and functions of the office. The university [commission]
shall support office fund-raising efforts authorized by this subsection.
Funds raised under this subsection are administered by the university
and may only be spent in furtherance of a duty or function of the
office or in accordance with rules applicable to the office. The
university shall maintain a separate accounting of funds raised under this
subsection.
Sec. 67.91 [112.051].
REPORTS TO LEGISLATURE.
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SECTION 3. Sections 112.041,
112.042, 112.043, 112.044, 112.047, 112.0471, 112.0472, 112.048, 112.049,
112.050, and 112.051, Human Resources Code, are transferred to Subchapter
E, Chapter 67, Education Code, as added by this Act, redesignated as
Sections 67.81, 67.82, 67.83, 67.84, 67.85, 67.86, 67.87, 67.88, 67.89,
67.90, and 67.91, Education Code, respectively, and amended to read as
follows:
Sec. 67.81 [112.041].
PURPOSE AND POLICY. (a) The purpose of this subchapter [Act]
is to minimize the economic and human losses in Texas caused by preventable
disabilities through the establishment of a joint private-public initiative
called the Office for Healthy
Children [the Prevention of Developmental Disabilities].
(b) The legislature finds
there is a strong need for a unified, comprehensive prevention effort in
the State of Texas. Many state agencies, as well as private organizations
and local public agencies, are involved in prevention activities that can
reduce the incidence and severity of developmental disabilities. However,
a coordinated statewide plan that identifies and consolidates research
findings and prevention activities has yet to be developed.
(c) The legislature further
finds that by establishing a mechanism by which prevention activities can
be better coordinated and needed prevention programs can be initiated, the
State of Texas will be making an important investment in Texas's future.
Sec. 67.82 [112.042].
DEFINITIONS. In this subchapter:
(1) ["Commission"
means the Health and Human Services Commission.
[(1-a)]
"Developmental disability" means a severe, chronic disability
that:
(A) is attributable to a
mental or physical impairment or to a combination of a mental and physical
impairment;
(B) is manifested in a
person before the [a] person reaches the age of 22;
(C) is likely to continue
indefinitely;
(D) results in substantial
functional limitations in three or more major life activities, including:
(i) self-care;
(ii) receptive and expressive
language;
(iii) learning;
(iv) mobility;
(v) self-direction;
(vi) capacity for
independent living; and
(vii) economic sufficiency;
and
(E) reflects the person's
needs for a combination and sequence of special interdisciplinary or
generic care, treatment, or other lifelong or extended services that are
individually planned and coordinated.
(2) [(1-b)
"Executive commissioner" means the executive commissioner of the
Health and Human Services Commission.
[(2) "Executive
committee" means the executive committee of the Office for the
Prevention of Developmental Disabilities.
[(3)]
"Office" means the Office for Healthy
Children [the Prevention of Developmental Disabilities].
Sec. 67.83 [112.043].
OFFICE FOR HEALTHY CHILDREN [THE PREVENTION OF DEVELOPMENTAL
DISABILITIES; ADMINISTRATIVE ATTACHMENT]. [(a)] The Office for Healthy Children [the
Prevention of Developmental Disabilities] is established
under and administered by [administratively attached to] the university
[Health and Human Services Commission].
[(b) The Health and Human
Services Commission shall:
[(1) provide
administrative assistance, services, and materials to the office;
[(2) accept, deposit, and
disburse money made available to the office;
[(3) accept gifts and
grants on behalf of the office from any public or private entity;
[(4) pay the salaries and
benefits of the executive director and staff of the office;
[(5) reimburse the travel
expenses and other actual and necessary expenses of the executive
committee, executive director, and staff of the office incurred in the
performance of a function of the office, as provided by the General
Appropriations Act;
[(6) apply for and
receive on behalf of the office any appropriations, gifts, or other money
from the state or federal government or any other public or private entity,
subject to limitations and conditions prescribed by legislative
appropriation;
[(7) provide the office
with adequate computer equipment and support; and
[(8) provide the office
with adequate office space and permit the executive committee to meet in
facilities of the commission.
[(c) The executive
director and staff of the office are employees of the office and not
employees of the Health and Human Services Commission.]
Sec. 67.84 [112.044].
DUTIES. The office shall:
(1) educate the public and
attempt to promote sound public policy regarding the prevention of
developmental disabilities;
(2) identify, collect, and
disseminate information and data concerning the causes, frequency of
occurrence, and preventability of developmental disabilities;
(3) work with appropriate [divisions
within the commission,] state agencies[,] and other entities to
develop a coordinated long-range plan to effectively monitor and reduce the
incidence or severity of developmental disabilities;
(4) promote and facilitate
the identification, development, coordination, and delivery of needed
prevention services;
(5) solicit, receive, and
spend grants and donations from public, private, state, and federal
sources;
(6) identify and encourage
establishment of needed reporting systems to track the causes and
frequencies of occurrence of developmental disabilities;
(7) develop, operate, and
monitor programs created under Section 67.88 [112.048]
addressing the prevention of specific targeted developmental disabilities;
(8)
[monitor and assess the effectiveness of divisions within the commission
and of state agencies in preventing developmental disabilities;
[(9)] recommend the
role each [division within the commission and each] state agency
should have with regard to prevention of developmental disabilities;
(9) [(10)]
facilitate coordination of state agency prevention services and activities
[within the commission and] among appropriate state agencies; and
(10) [(11)]
encourage cooperative, comprehensive, and complementary planning among
public, private, and volunteer individuals and organizations engaged in
prevention activities, providing prevention services, or conducting related
research.
Sec. 67.85 [112.047].
[EXECUTIVE] DIRECTOR. (a) The president
of the university or the president's designee [executive
committee] may hire a [an executive] director to [serve as the chief executive officer of
the office and to] perform the administrative duties of the
office.
(b) The [executive]
director serves at the will of the president
of the university or the president's designee [executive
committee].
(c) The [executive]
director may hire staff within guidelines established by the president of the university or the president's
designee [executive committee].
Sec. 67.86 [112.0471].
QUALIFICATIONS AND STANDARDS OF CONDUCT. The [executive] director
or the [executive] director's designee shall provide to the president of the university or the
president's designee [members
of the executive committee] and to employees of the
office, as often as necessary, information regarding the requirements for
office or employment under this subchapter, including information regarding
a person's responsibilities under applicable laws relating to standards of
conduct for state officers or employees.
Sec. 67.87 [112.0472].
EQUAL EMPLOYMENT OPPORTUNITY POLICIES.
Sec. 67.88 [112.048].
PREVENTION PROGRAMS FOR TARGETED DEVELOPMENTAL DISABILITIES. (a) The office
[executive committee] shall establish guidelines for:
(1) selecting targeted
disabilities;
(2) assessing prevention
services needs; and
(3) reviewing plans,
budgets, and operations for programs under this section.
(b) The office [executive
committee] shall plan and implement prevention programs for
specifically targeted developmental disabilities.
(c) A program under this
section:
(1) must include a plan
designed to reduce the incidence of a specifically targeted disability;
(2) must include a budget
for implementing a plan;
(3) must be funded through:
(A) contracts for services
from participating agencies;
(B) grants and gifts from
private persons and consumer and advocacy organizations; and
(C) foundation support; and
(4) must be approved by the president of the university or the president's
designee [executive committee].
Sec. 67.89 [112.049].
EVALUATION. (a) The office shall identify or encourage the establishment
of needed statistical bases for each targeted group against which the
office can measure how effectively a program under Section 67.88 [112.048]
is reducing the frequency or severity of a targeted developmental
disability.
(b) The president of the university or the president's
designee [executive committee] shall regularly monitor
and evaluate the results of programs under Section 67.88 [112.048].
Sec. 67.90 [112.050].
GRANTS AND OTHER FUNDING. (a) The president
of the university or the president's designee [executive
committee] may apply for and distribute private, state, and federal
funds to implement prevention policies set by the president of the university or the president's
designee [executive committee].
(b) The president of the university or the president's
designee [executive committee] shall establish criteria
for application and review of funding requests and accountability standards
for recipients. The president of the
university or the president's designee [executive committee]
may adjust its criteria as necessary to meet requirements for federal
funding.
(c) The board [executive
committee] may not submit a legislative appropriation request for
general revenue funds for purposes of this subchapter.
(d) In addition to funding
under Subsection (a), the office may accept and solicit gifts, donations,
and grants of money from public and private sources, including the federal
government, local governments, and private entities, to assist in financing
the duties and functions of the office. The university [commission]
shall support office fund-raising efforts authorized by this subsection.
Funds raised under this subsection are administered by the university
and may only be spent in furtherance of a duty or function of the
office or in accordance with rules applicable to the office. The
university shall maintain a separate accounting of funds raised under this
subsection.
Sec. 67.91 [112.051].
REPORTS TO LEGISLATURE.
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SECTION 6. (a) On the
effective date of this Act:
(1) the Office for the
Prevention of Developmental Disabilities is abolished as an independent
office and is transferred to The University of Texas at Austin as a
program;
(2) the executive committee
and the board of advisors of the office
are abolished;
(3) the position of
executive director of the office
is abolished, but the board of regents
of The University of Texas System may hire the person serving as the
executive director immediately before the effective date of this Act for a
position in the office;
(4) an employee of the office becomes an employee of The
University of Texas at Austin;
(5) all money, including
gifts, donations, and grants of money, contracts, leases, rights, and
obligations of the office are
transferred to The University of Texas at Austin;
(6) all property, including
records, in the custody of the office
becomes the property of The University of Texas at Austin;
(7) all funds appropriated
by the legislature to the office
are transferred to The University of Texas at Austin; and
(8) all functions and
activities performed by the office
are transferred to The University of Texas at Austin.
(b) The validity of an
action taken by the Office for the Prevention of Developmental Disabilities
or the executive committee or board of advisors of the office before the
effective date of this Act is not affected by the abolishment of the
office.
(c) A rule, form, policy,
procedure, or decision of the Office for the Prevention of Developmental
Disabilities or the Health and Human Services Commission that is related to
the office is continued in effect as a rule, form, policy, procedure, or
decision of The University of Texas System until superseded by a rule,
form, policy, procedure, or decision of the system.
(d) Any action or proceeding
pending before the Office for the Prevention of Developmental Disabilities
on the effective date of this Act becomes an action or proceeding before
The University of Texas at Austin.
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SECTION 6. (a) On the
effective date of this Act:
(1) the Office for the Prevention
of Developmental Disabilities is abolished as an independent office,
transferred to The University of Texas at Austin as a program, and renamed the Office for Healthy Children;
(2) the executive committee
and the board of advisors of the Office
for the Prevention of Developmental Disabilities are abolished;
(3) the position of
executive director of the Office for the
Prevention of Developmental Disabilities is abolished, but the president of The University of Texas System or
the president's designee may hire the person serving as the
executive director immediately before the effective date of this Act for a
position in the office;
(4) an employee of the Office for the Prevention of Developmental
Disabilities becomes an employee of The University of Texas at
Austin;
(5) all money, including
gifts, donations, and grants of money, contracts, leases, rights, and
obligations of the Office for the
Prevention of Developmental Disabilities are transferred to The University
of Texas at Austin;
(6) all property, including
records, in the custody of the Office
for the Prevention of Developmental Disabilities becomes the
property of The University of Texas at Austin;
(7) all funds appropriated
by the legislature to the Office for the
Prevention of Developmental Disabilities are transferred to The
University of Texas at Austin; and
(8) all functions and
activities performed by the Office for
the Prevention of Developmental Disabilities are transferred to The
University of Texas at Austin.
(b) The validity of an
action taken by the Office for the Prevention of Developmental Disabilities
or the executive committee or board of advisors of the office before the
effective date of this Act is not affected by the abolishment of the
office.
(c) A rule, form, policy,
procedure, or decision of the Office for the Prevention of Developmental
Disabilities or the Health and Human Services Commission that is related to
the office is continued in effect as a rule, form, policy, procedure, or
decision of The University of Texas System until superseded by a rule,
form, policy, procedure, or decision of the system.
(d) Any action or proceeding
pending before the Office for the Prevention of Developmental Disabilities
on the effective date of this Act becomes an action or proceeding before
The University of Texas at Austin.
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