By: Zaffirini  S.B. No. 1743
         (In the Senate - Filed March 9, 2017; March 23, 2017, read
  first time and referred to Committee on Health & Human Services;
  April 18, 2017, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 3; April 18, 2017,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1743 By:  Uresti
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to transferring the Office for the Prevention of
  Developmental Disabilities to The University of Texas at Austin and
  renaming the office the Office for Healthy Children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 531.0202(b), Government Code, is amended
  to read as follows:
         (b)  The Department of Aging and Disability Services is
  [following state agency and entity are] abolished on a date that is
  within the period prescribed by Section 531.02001(2), that is
  specified in the transition plan required under Section 531.0204
  for the abolition of the department [state agency or entity], and
  that occurs after all of the department's [state agency's or
  entity's] functions have been transferred to the commission in
  accordance with Sections 531.0201 and 531.02011[:
               [(1)     the Department of Aging and Disability Services;
  and
               [(2)     the Office for the Prevention of Developmental
  Disabilities].
         SECTION 2.  Chapter 67, Education Code, is amended by adding
  Subchapter E, and a heading is added to that subchapter to read as
  follows:
  SUBCHAPTER E.  OFFICE FOR HEALTHY CHILDREN
         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. (a)  The [executive] director shall prepare and maintain
  a written policy statement that implements a program of equal
  employment opportunity to ensure that all personnel decisions are
  made without regard to race, color, disability, sex, religion, age,
  or national origin.
         (b)  The policy statement must include:
               (1)  personnel policies, including policies relating
  to recruitment, evaluation, selection, training, and promotion of
  personnel, that show the intent of the office to avoid the unlawful
  employment practices described by Chapter 21, Labor Code; and
               (2)  an analysis of the extent to which the composition
  of the office's personnel is in accordance with state and federal
  law and a description of reasonable methods to achieve compliance
  with state and federal law.
         (c)  The policy statement must:
               (1)  be updated annually;
               (2)  be reviewed by the Texas Workforce Commission
  civil rights division for compliance with Subsection (b)(1); and
               (3)  be filed with the governor's office.
         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.  The office
  shall submit by February 1 of each odd-numbered year biennial
  reports to the legislature detailing findings of the office and the
  results of programs under Section 67.88 [112.048] and recommending
  improvements in the delivery of developmental disability
  prevention services.
         SECTION 4.  Section 22.04(c)(3), Penal Code, is amended to
  read as follows:
               (3)  "Disabled individual" means a person:
                     (A)  with one or more of the following:
                           (i)  autism spectrum disorder, as defined by
  Section 1355.001, Insurance Code;
                           (ii)  developmental disability, as defined
  by Section 67.82 [112.042], Education [Human Resources] Code;
                           (iii)  intellectual disability, as defined
  by Section 591.003, Health and Safety Code;
                           (iv)  severe emotional disturbance, as
  defined by Section 261.001, Family Code; or
                           (v)  traumatic brain injury, as defined by
  Section 92.001, Health and Safety Code; or
                     (B)  who otherwise by reason of age or physical or
  mental disease, defect, or injury is substantially unable to
  protect the person's self from harm or to provide food, shelter, or
  medical care for the person's self.
         SECTION 5.  The following provisions of the Human Resources
  Code are repealed:
               (1)  Sections 112.0421, 112.0431, 112.045, 112.0451,
  112.0452, 112.0453, 112.0454, and 112.046; and
               (2)  the heading to Subchapter C, Chapter 112.
         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 at Austin 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.
         SECTION 7.  This Act takes effect August 31, 2017.
 
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