HBA-NLM H.B. 1610 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1610
By: McCall
Human Services
3/9/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Planning Council for Developmental Disabilities (council) is
funded through the federal Developmental Disabilities Act.  Created in
1971, the council exists to advocate for individuals with developmental
disabilities, and initiates most of its activities through grants to state
and local organizations.  Other activities of the council include
developing a state plan, sponsoring training for individuals with
disabilities and their family members, and educating the public and
policymakers about disability issues. 

The council is subject to the Texas Sunset Act and will be abolished on
September 1, 1999, unless continued in existence by the legislature.  H.B.
1610 continues the existence of the council for a 12year period and makes
statutory modifications recommended by the Sunset Advisory Commission. This
bill updates the council's statute to conform to current federal law and
clarifies the relationship between the council and the Texas Rehabilitation
Commission.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Planning Council for
Developmental Disabilities in SECTION 3 (Section 112.020, Human Resources
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 112.001, Human Resources Code, as follows:  

Sec. 112.001. DEFINITIONS. Provides a definition for  "designated state
agency," rather than "administering agency," to mean the executive agency
designated by the governor to provide administrative support and fiscal
management services to the council in accordance with this chapter and
federal law.   Redefines "applicable federal developmental disability laws"
to refer to the various Acts of congress providing for assistance and
services to persons with developmental disabilities, rather than the
developmentally disabled, and codified as Section 6000 et seq. (Findings,
Purposes, and Policy), 42 U.S.C.  Deletes existing definition of
"administering agency." Deletes references to Chapter 75, U.S.C.A. Deletes
the definition of "facility for persons with developmental disabilities." 

SECTION 2. Amends Section 112.014(a), Human Resources Code, to delete the
provision stipulating that a position on the Texas Planning Council for
Developmental Disabilities (council) becomes vacant after  a member misses
three consecutive regular or special council meetings. Makes nonsubstantive
changes. 

SECTION 3.  Amends Subchapter B, Chapter 112, Human Resources Code, by
amending Sections 112.012, 112.015, 112.018, 112.019, 112.020, and 112.023,
and by adding Sections 112.0111, 112.0161, 112.0162, 112.0163, 112.0201,
112.022, and 112.0221, as follows: 

Sec. 112.0111. DEFINITION. Defines "executive director" for the purposes of
this subchapter. 

Sec.  112.012.  MEMBERS.  Adds standard Sunset language that requires
appointments to  the council be made without regard to race, color, sex,
religion, age, or national origin. Requires appointments to the council be
made without regard to the disability of appointees, except as required by
federal law. 

Sec. 112.015.  EXPENSES. Provides that council members appointed under
Section 112.012 (Members), rather than Section 112.012(c) or (d) of this
code, serve without salary and are entitled to reimbursement for actual
expenses described by this section. Makes a nonsubstantive change. 

Sec.  112.0161.  CONFLICTS OF INTEREST.  Defines "Texas trade association."
Adds standard Sunset language that prohibits council board members or their
spouses and exempt employees or their spouses from being an officer or
employee of a related Texas trade association. Prohibits registered
lobbyists from serving as a member of the council or from being employed as
the council's general counsel, unless otherwise required by federal law. 

Sec. 112.0162.  REMOVAL OF COUNCIL MEMBER.  Adds standard Sunset language
to specify the grounds for removing a council member and requires
notification of the council's presiding officer, the governor, and the
attorney general if knowledge that a potential ground for removal exists.
Provides that an action of the council is valid if it is taken when a
ground for removal exists for one of the members. 

Sec. 112.0163.  COUNCIL MEMBER TRAINING. Adds standard Sunset language to
require members of the council to complete training before assuming their
duties, as described by this section. 

Sec.  112.018.  New title:  DESIGNATED STATE AGENCY.  (a) Specifies that
the purpose of the designated state agency is to provide administrative
support to the council and receive federal and state funds appropriated for
the council, rather than developmental disabilities program established by
this chapter and federal law.  Deletes the requirement for the council to
administer appropriated federal and state funds. Provides for the selection
of the designated state agency by the governor from these options: 

(1) the council
(2) a state agency that does not provide or pay for services made available
to persons with developmental disabilities; 
(3) a state agency that provides or pays for services to persons with
developmental disabilities and was designated before June 30, 1994, and the
governor has not changed the designation; 
(4)  a state office, including the office of governor; or 
(5)  a state planning office.

(b) Requires the designated state agency, rather than the administering
agency, to receive, deposit, and disburse funds for the council, rather
than for the developmental disabilities program, in accordance with this
chapter, applicable federal developmental disability laws and the purposes
set forth under Section 112.019.  Makes nonsubstantive changes. 

(c)  Requires the designated state agency, in accordance with state law and
procedures, to provide fiscal control and fund-accounting procedures
necessary to assure the proper disbursement of and accounting for funds,
rather than grants, available to the council. Deletes the requirement that
the administering agency be involved in the awarding of grants to avoid a
conflict of interest. Makes a conforming change.  

(d) Requires the council to enter into a memorandum of understanding with
the designated state agency that delineates the roles and responsibilities
of the designated state agency. Deletes existing provisions regarding the
requirements of the administrating agency to provide staff, set aside
funds, and negotiate a written management agreement with the council.  

(e) Limits the rulemaking authority of the designated state agency as
necessary to implement  its duties under state and federal law.  Makes
conforming and nonsubstantive changes. 


(f) Prohibits a designated state agency from assigning duties to staff of
the council unless the council is serving as the designated state agency. 

Sec.  112.019.  STATE PLAN FOR DEVELOPMENTAL DISABILITIES. Requires the
council to consult with the designated state agency solely to ensure that
the plan is consistent with state and federal law. Deletes the requirement
for the council to jointly develop the state plan with the designated
agency to avoid a conflict of interest. Makes nonsubstantive changes.  

Sec. 112.020.  ADDITIONAL COUNCIL POWERS AND DUTIES.  Adds standard Sunset
language to require the council to clearly separate its policymaking
responsibilities from the management responsibilities of the executive
director and staff of the council, in addition to powers and duties derived
by the council from applicable federal developmental disability laws or
other provisions of this chapter.  Adds standard Sunset language to provide
for public testimony at council meetings. Authorizes the council to: 

(1)  adopt rules as necessary to implement its duties and responsibilities
under state and federal law; 
(2)  approve and execute an annual budget for council activities under
state and federal law; 
(3)  contract with or provide grants to agencies, organizations, or
individuals as necessary to implement council activities under state law. 

Makes conforming and nonsubstantive changes.

Sec.  112.0201.  COMPLAINTS.  Adds standard Sunset language to require the
council to maintain information on written complaints filed with the
council.  Requires the council to notify the parties regarding the
council's policies and procedures for complaint investigation. Requires the
council to notify the parties regarding the status of the complaint
quarterly until disposition. 

Sec.  112.022.  EXECUTIVE DIRECTOR.  Requires the council to hire an
executive director to carry out the policies and activities established by
the council, in accordance with Section 6024(c) (Council Responsibilities),
42 U.S.C., and its subsequent amendments. Requires the executive director
to hire and supervise necessary staff responsible solely for carrying out
council activities. Adds standard Sunset language to require that
information on standards of conduct be provided to members and employees of
the council. 

Sec. 112.0221. EQUAL EMPLOYMENT OPPORTUNITY POLICY. Adds standard Sunset
language to require the executive director or designee to develop an equal
employment opportunity policy that is updated, reviewed by the Texas
Commission on Human Rights, and filed with the governor's office. 

Sec. 112.023.  SUNSET PROVISION. Establishes that the council expires on
September 1, 2011, rather than on September 1, 1999. 

SECTION 4.  Provides that on the effective date of this Act,  a rule
previously adopted by the Texas Rehabilitation Commission, other than a
rule relating to the implementation of the responsibilities of the
commission, becomes a rule of the council and remains in effect until
amended or repealed by the council. 

SECTION 5.  Requires the designated state agency and the council to enter
into a memorandum of understanding as soon as practicable, and states that
the management agreement previously required terminates on the date the
memorandum of understanding is executed. 


 

SECTION 6.   (a)  Effective date: September 1, 1999.

(b)  Provides that the changes in law made by this Act in the prohibitions
applying to members of the council do not affect the entitlement of a
member serving on the council immediately before September 1, 1999.  Makes
application of this Act prospective. 

SECTION 7.  Emergency clause.