CHAPTER 112. DEVELOPMENTAL DISABILITIES
HUMAN RESOURCES CODE
TITLE 7. REHABILITATION OF INDIVIDUALS WITH DISABILITIES
CHAPTER 112. DEVELOPMENTAL DISABILITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 112.001. DEFINITIONS. In this chapter:
(1) "Council" means the Texas Council for Developmental
Disabilities.
(2) "Designated state agency" means 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.
(3) "Developmental disability" means a severe, chronic
disability as defined by applicable federal developmental
disability laws.
(4) "Applicable federal developmental disability laws" refers to
the various Acts of congress providing for assistance and
services to persons with developmental disabilities and codified
as 42 U.S.C. Section 6000 et seq.
(5) "Protection and advocacy system" means the system
established in this state under the applicable federal
developmental disabilities laws for the purpose of advocating for
and protecting the rights of persons with developmental
disabilities.
Added by Acts 1983, 68th Leg., p. 5272, ch. 970, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts 1985, 69th Leg., ch. 603, Sec. 11,
12, eff. Sept. 1, 1985; Acts 1999, 76th Leg., ch. 79, Sec. 1,
eff. Sept. 1, 1999.
Sec. 112.002. PURPOSE AND LEGISLATIVE FINDINGS. (a) The
purpose of this chapter is to establish a developmental
disabilities program that assures compliance with applicable
federal developmental disability laws.
(b) The legislature finds that persons with developmental
disabilities have a right to appropriate treatment, services, and
habilitation for their disabilities within the funds available
for those purposes and that the treatment, services, and
habilitation for a person with developmental disabilities must be
designed to maximize the developmental potential of the person
and must be provided in the setting that is least restrictive of
the person's personal liberty.
Added by Acts 1983, 68th Leg., p. 5272, ch. 970, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts 1985, 69th Leg., ch. 603, Sec. 13,
eff. Sept. 1, 1985.
SUBCHAPTER B. TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES
Sec. 112.011. ESTABLISHMENT. The Texas Council for
Developmental Disabilities is established.
Added by Acts 1983, 68th Leg., p. 5272, ch. 970, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts 1999, 76th Leg., ch. 79, Sec. 4,
eff. Sept. 1, 1999.
Sec. 112.0111. DEFINITION. In this subchapter, "executive
director" means the executive director of the council.
Added by Acts 1999, 76th Leg., ch. 79, Sec. 4, eff. Sept. 1,
1999.
Sec. 112.012. MEMBERS. The members of the council shall be
appointed by the governor in accordance with applicable federal
developmental disability laws. The governor may appoint as many
members to the council as is determined appropriate for the
council to accomplish its purposes but must appoint, in total
membership, an odd number of members to the council. Appointments
to the council shall be made without regard to:
(1) the race, color, sex, religion, age, or national origin of
the appointees; or
(2) the disability of the appointees, except as required by
applicable federal developmental disability laws.
Added by Acts 1983, 68th Leg., p. 5272, ch. 970, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts 1985, 69th Leg., ch. 264, Sec. 28,
eff. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 603, Sec. 14, eff.
Sept. 1, 1985; Acts 1985, 69th Leg., ch. 793, Sec. 22, eff. Sept.
1, 1985; Acts 1999, 76th Leg., ch. 79, Sec. 4, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 1170, Sec. 9.01, eff. Sept. 1,
2003.
Sec. 112.013. TERMS. (a) Members of the council appointed by
the governor serve for staggered terms of six years with the term
of one-third or approximately one-third of the members expiring
on February 1 of each odd-numbered year.
(b) A person may not serve on the council more than two
consecutive six-year terms.
Added by Acts 1983, 68th Leg., p. 5272, ch. 970, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts 2003, 78th Leg., ch. 1170, Sec.
9.02, eff. Sept. 1, 2003.
Sec. 112.014. VACANCIES. (a) A position on the council becomes
vacant if:
(1) a member resigns from the council by providing written
notice to the chair; or
(2) a member ceases to be a resident of this state.
(b) If a position on the council becomes vacant, the chair shall
provide written notice to the governor, agency commissioner, or
executive director, as appropriate, requesting a new appointment
to fill the remainder of the member's term.
Added by Acts 1983, 68th Leg., p. 5272, ch. 970, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts 1999, 76th Leg., ch. 79, Sec. 2,
eff. Sept. 1, 1999.
Sec. 112.015. EXPENSES. (a) Council members appointed under
Section 112.012 serve without salary but are entitled to
reimbursement for actual expenses incurred in performing their
duties, including travel, meals, lodging, and telephone
long-distance charges.
(b) Members of the council who have a disability and who,
because of the disability, require special aids or travel
companions are entitled to reimbursement for those costs.
Added by Acts 1983, 68th Leg., p. 5272, ch. 970, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts 1999, 76th Leg., ch. 79, Sec. 4,
eff. Sept. 1, 1999.
Sec. 112.016. OFFICERS. (a) The governor shall designate a
member of the council to be the presiding officer.
(b) The presiding officer serves in that capacity at the will of
the governor.
(c) A representative of a state agency may not serve as chair or
vice-chair.
(d) The council shall meet quarterly in regular session and on
call by the chair when necessary for the transaction of council
business.
Added by Acts 1983, 68th Leg., p. 5272, ch. 970, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts 1985, 69th Leg., ch. 603, Sec. 15,
eff. Sept. 1, 1985.
Sec. 112.0161. CONFLICTS OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined association of business or professional competitors in
this state designed to assist its members and its industry or
profession in dealing with mutual business or professional
problems and in promoting their common interest.
(b) A person may not be a member of the council and may not be a
council employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of developmental
disabilities; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of
developmental disabilities.
(c) Unless otherwise required by applicable federal
developmental disability laws, a person may not be a member of
the council or act as the general counsel to the council if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation
of the council.
Added by Acts 1999, 76th Leg., ch. 79, Sec. 4, eff. Sept. 1,
1999.
Sec. 112.0162. REMOVAL OF COUNCIL MEMBER. (a) It is a ground
for removal from the council that a member:
(1) does not have at the time of taking office the
qualifications required by applicable federal developmental
disability laws;
(2) is ineligible for membership under Section 112.0161;
(3) fails to discharge the member's duties for a substantial
part of the member's term; or
(4) is absent from more than half of the regularly scheduled
council meetings that the member is eligible to attend during a
calendar year without an excuse approved by a majority vote of
the council.
(b) The validity of an action of the council is not affected by
the fact that it is taken when a ground for removal of a council
member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the council of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer
of the council, who shall then notify the governor and the
attorney general that a potential ground for removal exists.
Added by Acts 1999, 76th Leg., ch. 79, Sec. 4, eff. Sept. 1,
1999.
Sec. 112.0163. COUNCIL MEMBER TRAINING. (a) A person who is
appointed to and qualifies for office as a member of the council
may not vote, deliberate, or be counted as a member in attendance
at a meeting of the council until the person completes a training
program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the council;
(2) the programs operated by the council;
(3) the role and functions of the designated state agency and
council under this chapter and applicable federal developmental
disability laws;
(4) the rules of the council, with an emphasis on the rules that
relate to disciplinary and investigatory authority;
(5) the current budget for the council;
(6) the results of the most recent formal audit of the council;
(7) the requirements of:
(A) the open meetings law, Chapter 551, Government Code;
(B) the public information law, Chapter 552, Government Code;
(C) the administrative procedure law, Chapter 2001, Government
Code; and
(D) other laws relating to public officials, including conflict
of interest laws; and
(8) any applicable ethics policies adopted by the council or the
Texas Ethics Commission.
(c) A person appointed to the council is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 79, Sec. 4, eff. Sept. 1,
1999.
Sec. 112.017. BYLAWS. The council may adopt bylaws and policies
consistent with this chapter and applicable state or federal law.
Added by Acts 1983, 68th Leg., p. 5272, ch. 970, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts 1985, 69th Leg., ch. 603, Sec. 16,
eff. Sept. 1, 1985.
Sec. 112.018. DESIGNATED STATE AGENCY. (a) The governor shall
designate, by executive order, a state agency to provide
administrative support to the council and receive federal and
state funds appropriated for the council. In accordance with
federal law, the governor may select one of the following to
serve as the designated state agency:
(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 made
available to persons with developmental disabilities if the state
agency was designated by the governor under this section before
June 30, 1994, and the governor has not changed the designation;
(4) a state office, including the office of the governor; or
(5) a state planning office.
(b) The designated state agency shall receive, deposit, and
disburse funds for the council in accordance with this chapter,
applicable federal developmental disability laws, and the
purposes and priorities established by the council in the state
plan developed under Section 112.019.
(c) The designated state agency, in accordance with state law
and procedures, shall provide for fiscal control and
fund-accounting procedures necessary to assure the proper
disbursement of and accounting for funds available to the
council.
(d) Unless the council is serving as the designated state
agency, the council shall enter into a memorandum of
understanding with the designated state agency that delineates
the roles and responsibilities of the designated state agency
under this chapter.
(e) The designated state agency may adopt rules as necessary to
implement the agency's duties under this chapter and applicable
federal developmental disability laws.
(f) A designated state agency may not assign duties to staff of
the council unless the council is serving as the designated state
agency.
Added by Acts 1983, 68th Leg., p. 5272, ch. 970, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts 1985, 69th Leg., ch. 603, Sec. 17,
eff. Sept. 1, 1985; Acts 1999, 76th Leg., ch. 79, Sec. 4, eff.
Sept. 1, 1999.
Sec. 112.019. STATE PLAN FOR DEVELOPMENTAL DISABILITIES. (a)
The council shall develop and submit the state plan for persons
with developmental disabilities. The plan must conform to
applicable federal developmental disability laws.
(b) Unless the council is serving as the designated state
agency, the council shall consult with the designated state
agency before submitting the state plan required by this section
solely to:
(1) obtain appropriate assurances with respect to the plan as
required by federal law; and
(2) ensure that the plan is consistent with state law.
Added by Acts 1983, 68th Leg., p. 5272, ch. 970, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts 1985, 69th Leg., ch. 603, Sec. 18,
eff. Sept. 1, 1985; Acts 1999, 76th Leg., ch. 79, Sec. 4, eff.
Sept. 1, 1999.
Sec. 112.020. ADDITIONAL COUNCIL POWERS AND DUTIES. (a) In
addition to powers and duties derived by the council from
applicable federal developmental disability laws or other
provisions of this chapter, the council shall:
(1) undertake at the request of the governor and the legislature
activities appropriate to the achievement of legislative and
executive functions relating to persons with developmental
disabilities or other disabling conditions;
(2) submit to the governor, legislature, and other appropriate
state and federal authorities periodic reports on the council's
responsibilities and performance;
(3) develop and implement policies that clearly separate the
policymaking responsibilities of the council and the management
responsibilities of the executive director and the staff of the
council; and
(4) develop and implement policies that provide the public with
a reasonable opportunity to appear before the council and to
speak on any issue under the jurisdiction of the council.
(b) The council may:
(1) adopt rules as necessary to implement the council's duties
and responsibilities under this chapter and applicable federal
developmental disability laws;
(2) approve and execute an annual budget for council activities
under this chapter that is consistent with applicable federal
developmental disability laws; and
(3) contract with or provide grants to agencies, organizations,
or individuals as necessary to implement council activities under
this chapter.
Added by Acts 1983, 68th Leg., p. 5272, ch. 970, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts 1985, 69th Leg., ch. 603, Sec. 19,
eff. Sept. 1, 1985; Acts 1999, 76th Leg., ch. 79, Sec. 4, eff.
Sept. 1, 1999.
Sec. 112.0201. COMPLAINTS. (a) The council shall maintain a
file on each written complaint filed with the council. The file
must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the council;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
council closed the file without taking action other than to
investigate the complaint.
(b) The council shall provide to the person filing the complaint
and to each person who is a subject of the complaint a copy of
the council's policies and procedures relating to complaint
investigation and resolution.
(c) The council, at least quarterly and until final disposition
of the complaint, shall notify the person filing the complaint
and each person who is a subject of the complaint of the status
of the investigation unless the notice would jeopardize an
undercover investigation.
Added by Acts 1999, 76th Leg., ch. 79, Sec. 4, eff. Sept. 1,
1999.
Sec. 112.021. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS. The
protection and advocacy system shall have access to records as
required by the provisions of the applicable federal disability
laws.
Added by Acts 1985, 69th Leg., ch. 603, Sec. 20, eff. Sept. 1,
1985.
Sec. 112.022. EXECUTIVE DIRECTOR. (a) The council shall hire
an executive director in accordance with 42 U.S.C. Section
6024(c) and its subsequent amendments to carry out the policies
and activities established by the council.
(b) The executive director shall hire and supervise necessary
staff who will be responsible solely for carrying out activities
designated by the council and consistent with:
(1) applicable federal developmental disability laws; and
(2) this chapter.
(c) The executive director or the executive director's designee
shall provide to members of the council and to council employees,
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.
Added by Acts 1999, 76th Leg., ch. 79, Sec. 4, eff. Sept. 1,
1999.
Sec. 112.0221. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
executive director or the executive director's designee 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 council 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
council'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 state Commission on Human Rights for
compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Added by Acts 1999, 76th Leg., ch. 79, Sec. 4, eff. Sept. 1,
1999.
Sec. 112.023. SUNSET PROVISION. The Texas Council for
Developmental Disabilities is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the council is abolished and this
chapter expires September 1, 2013.
Added by Acts 1985, 69th Leg., ch. 729, Sec. 36, eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.20(34),
eff. Sept. 1, 1987. Renumbered from Sec. 112.021 by Acts 1987,
70th Leg., ch. 167, 5.01(a)(28), eff. Sept. 1, 1987. Amended by
Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 4.10, eff. Nov. 12,
1991; Acts 1999, 76th Leg., ch. 79, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1227, Sec. 2.03, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
928, Sec. 3.05, eff. June 15, 2007.
Acts 2009, 81st Leg., 1st C.S., Ch.
2, Sec. 2.11, eff. July 10, 2009.
SUBCHAPTER C. OFFICE FOR THE PREVENTION OF DEVELOPMENTAL
DISABILITIES
Sec. 112.041. PURPOSE AND POLICY. (a) The purpose of this 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.
Added by Acts 1989, 71st Leg., ch. 1209, Sec. 1, eff. Sept. 1,
1989.
Sec. 112.042. DEFINITIONS. In this subchapter:
(1) "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 before 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) "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.
Added by Acts 1989, 71st Leg., ch. 1209, Sec. 1, eff. Sept. 1,
1989.
Sec. 112.043. OFFICE FOR THE PREVENTION OF DEVELOPMENTAL
DISABILITIES; ADMINISTRATIVE ATTACHMENT. (a) The Office for the
Prevention of Developmental Disabilities is administratively
attached to the Texas Department of Mental Health and Mental
Retardation.
(b) The Texas Department of Mental Health and Mental Retardation
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 department.
(c) The executive director and staff of the office are employees
of the office and not employees of the Texas Department of Mental
Health and Mental Retardation.
Added by Acts 1989, 71st Leg., ch. 1209, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1999, 76th Leg., ch. 751, Sec. 1, eff.
Sept. 1, 1999.
Sec. 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 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 task forces to address the
prevention of specific targeted developmental disabilities;
(8) monitor and assess the effectiveness of state agencies to
prevent developmental disabilities;
(9) recommend the role each state agency should have with regard
to prevention of developmental disabilities;
(10) facilitate coordination of state agency prevention services
and activities; 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.
Added by Acts 1989, 71st Leg., ch. 1209, Sec. 1, eff. Sept. 1,
1989.
Sec. 112.045. EXECUTIVE COMMITTEE. (a) The executive committee
is the governing body of the office.
(b) The executive committee is composed of nine members who have
expertise in the field of developmental disabilities, of which
three are appointed by the governor, three are appointed by the
lieutenant governor, and three are appointed by the speaker of
the house of representatives. Appointments to the executive
committee shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointees.
(c) The members serve for staggered six-year terms, with the
terms of three members expiring February 1 of each odd-numbered
year. Executive committee members receive no compensation but are
entitled to reimbursement of actual and necessary expenses
incurred in the performance of their duties.
(d) The governor shall designate a member of the executive
committee as the presiding officer of the executive committee to
serve in that capacity at the will of the governor.
(e) The executive committee shall meet at least quarterly and
shall adopt bylaws for the conduct of the meetings.
(f) Any actions taken by the executive committee must be
approved by a majority vote of the members present.
(g) The executive committee shall establish policies and
procedures to implement this subchapter.
Added by Acts 1989, 71st Leg., ch. 1209, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1995, 74th Leg., ch. 557, Sec. 1, eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 751, Sec. 2, eff. Sept.
1, 1999.
Sec. 112.0451. CONFLICT OF INTEREST. A person may not be a
member of the executive committee or act as the general counsel
to the executive committee or the office if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on
behalf of a profession related to the operation of the office.
Added by Acts 1999, 76th Leg., ch. 751, Sec. 3, eff. Sept. 1,
1999.
Sec. 112.0452. REMOVAL OF EXECUTIVE COMMITTEE MEMBER. (a) It
is a ground for removal from the executive committee that a
member:
(1) does not have at the time of taking office the
qualifications required by Section 112.045;
(2) does not maintain during service on the executive committee
the qualifications required by Section 112.045;
(3) is ineligible for membership under Section 112.045 or
112.0451;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
executive committee meetings that the member is eligible to
attend during a calendar year without an excuse approved by a
majority vote of the executive committee.
(b) The validity of an action of the executive committee is not
affected by the fact that it is taken when a ground for removal
of an executive committee member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the executive committee of the potential
ground. The presiding officer shall then notify the governor and
the attorney general that a potential ground for removal exists.
If the potential ground for removal involves the presiding
officer, the executive director shall notify the next highest
ranking officer of the executive committee, who shall then notify
the governor and the attorney general that a potential ground for
removal exists.
Added by Acts 1999, 76th Leg., ch. 751, Sec. 3, eff. Sept. 1,
1999.
Sec. 112.0453. EXECUTIVE COMMITTEE MEMBER TRAINING. (a) A
person who is appointed to and qualifies for office as a member
of the executive committee may not vote, deliberate, or be
counted as a member in attendance at a meeting of the executive
committee until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the office and the executive
committee;
(2) the programs operated by the office;
(3) the role and functions of the office;
(4) the rules of the office with an emphasis on the rules that
relate to disciplinary and investigatory authority;
(5) the current budget for the office;
(6) the results of the most recent formal audit of the office;
(7) the requirements of:
(A) the open meetings law, Chapter 551, Government Code;
(B) the public information law, Chapter 552, Government Code;
(C) the administrative procedure law, Chapter 2001, Government
Code; and
(D) other laws relating to public officials, including
conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the office or the
Texas Ethics Commission.
(c) A person appointed to the executive committee is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 751, Sec. 3, eff. Sept. 1,
1999.
Sec. 112.0454. PUBLIC ACCESS. The executive committee shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the executive committee
and to speak on any issue under the jurisdiction of the office.
Added by Acts 1999, 76th Leg., ch. 751, Sec. 3, eff. Sept. 1,
1999.
Sec. 112.046. BOARD OF ADVISORS. (a) The executive committee
may appoint a board of advisors composed of the following
persons:
(1) representatives of government agencies that are responsible
for prevention services for specified targeted disabilities and
that contract with the office to provide those services;
(2) representatives of consumer groups, foundations, or
corporations that contract for or donate to the office for
prevention services for specific targeted disabilities;
(3) private citizens who volunteer services or donate to the
office for prevention services for specific targeted
disabilities; and
(4) other persons whose assistance the executive committee
considers necessary to implement the purposes of this subchapter.
(b) The board of advisors may serve on task forces, solicit
donations and grants, and perform any other duties assigned by
the executive committee.
Added by Acts 1989, 71st Leg., ch. 1209, Sec. 1, eff. Sept. 1,
1989.
Sec. 112.047. EXECUTIVE DIRECTOR. (a) The executive committee
may hire 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 executive
committee.
(c) The executive director may hire staff within guidelines
established by the executive committee.
Added by Acts 1989, 71st Leg., ch. 1209, Sec. 1, eff. Sept. 1,
1989.
Sec. 112.0471. QUALIFICATIONS AND STANDARDS OF CONDUCT. The
executive director or the executive director's designee shall
provide to 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.
Added by Acts 1999, 76th Leg., ch. 751, Sec. 3, eff. Sept. 1,
1999.
Sec. 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 state Commission on Human Rights for
compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Added by Acts 1999, 76th Leg., ch. 751, Sec. 3, eff. Sept. 1,
1999.
Sec. 112.048. TASK FORCES. (a) The executive committee shall
establish guidelines for:
(1) selecting targeted disabilities;
(2) assessing prevention services needs; and
(3) reviewing task force plans, budgets, and operations.
(b) The executive committee shall create task forces made up of
members of the board of advisors to plan and implement prevention
programs for specifically targeted developmental disabilities. A
task force operates as an administrative division of the office
and can be abolished when it is ineffective or is no longer
needed.
(c) A task force shall:
(1) develop a plan designed to reduce the incidence of a
specifically targeted disability;
(2) prepare a budget for implementing a plan;
(3) arrange for funds 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) submit the plan, budget, and evidence of funding commitments
to the executive committee for approval.
(d) A task force shall regularly report to the executive
committee, as required by the committee, the operation, progress,
and results of the task force's prevention plan.
Added by Acts 1989, 71st Leg., ch. 1209, Sec. 1, eff. Sept. 1,
1989.
Sec. 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 task force program is reducing the frequency or
severity of a targeted developmental disability.
(b) The executive committee shall regularly monitor and evaluate
the results of task force prevention programs.
Added by Acts 1989, 71st Leg., ch. 1209, Sec. 1, eff. Sept. 1,
1989.
Sec. 112.050. GRANTS. (a) The executive committee may apply
for and distribute private, state, and federal funds to implement
prevention policies set by the executive committee.
(b) The executive committee shall establish criteria for
application and review of funding requests and accountability
standards for recipients. The executive committee may adjust its
criteria as necessary to meet requirements for federal funding.
(c) The executive committee may not submit a legislative
appropriation request for general revenue funds.
Added by Acts 1989, 71st Leg., ch. 1209, Sec. 1, eff. Sept. 1,
1989.
Sec. 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
task force prevention programs and recommending improvements in
the delivery of developmental disability prevention services.
Added by Acts 1989, 71st Leg., ch. 1209, Sec. 1, eff. Sept. 1,
1989.