CHAPTER 114. TEXAS COUNCIL ON AUTISM AND PERVASIVE DEVELOPMENTAL DISORDERS
HUMAN RESOURCES CODE
TITLE 7. REHABILITATION OF INDIVIDUALS WITH DISABILITIES
CHAPTER 114. TEXAS COUNCIL ON AUTISM AND PERVASIVE DEVELOPMENTAL
DISORDERS
Sec. 114.001. SHORT TITLE. This chapter may be cited as the
Texas Council on Autism and Pervasive Developmental Disorders Act
of 1987.
Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1,
1987.
Amended by:
Acts 2005, 79th Leg., Ch.
838, Sec. 2, eff. September 1, 2005.
Sec. 114.002. DEFINITIONS. In this chapter:
(1) "Autism and other pervasive developmental disorders" means a
subclass of mental disorders characterized by distortions in the
development of multiple basic psychological functions that are
involved in the development of social skills and language, as
defined by the Diagnostic and Statistical Manual, 4th Edition.
(2) "Council" means the Texas Council on Autism and Pervasive
Developmental Disorders.
Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1,
1987.
Amended by:
Acts 2005, 79th Leg., Ch.
838, Sec. 3, eff. September 1, 2005.
Sec. 114.003. COUNCIL. (a) The Texas Council on Autism and
Pervasive Developmental Disorders is established.
(b) The council is composed of:
(1) seven public members, the majority of whom are family
members of a person with autism or a pervasive developmental
disorder, appointed by the governor with the advice and consent
of the senate; and
(2) one representative from each of the following state
agencies, to serve as ex officio members:
(A) Department of Aging and Disability Services;
(B) Department of State Health Services;
(C) Health and Human Services Commission;
(D) Texas Education Agency;
(E) Department of Assistive and Rehabilitative Services; and
(F) Department of Family and Protective Services.
(c) The commissioner or executive head of each state agency
shall appoint as that agency's representative the person in the
agency who is most familiar with and best informed about autism
and other pervasive developmental disorders. An ex officio member
serves in an advisory capacity only and may not:
(1) serve as chairperson; or
(2) vote.
(d) The public members appointed by the governor serve staggered
two-year terms with the terms of three or four members expiring
on February 1 of each year. The public members may be
reappointed. A representative of a state agency serves at the
pleasure of the commissioner or executive head of that agency. A
public member is entitled to reimbursement of the travel expenses
incurred by the public member while conducting the business of
the council, as provided in the General Appropriations Act.
(e) The governor shall designate a public member of the council
as the chairman of the council to serve in that capacity at the
pleasure of the governor.
(f) The council shall meet at least quarterly and shall adopt
rules for the conduct of its meetings.
(g) Any actions taken by the council must be approved by a
majority vote of the public members present.
(h) The council shall establish policies and adopt rules to
carry out its duties under this chapter.
Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1,
1987. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.65, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 78, Sec. 1, eff. Sept.
1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
838, Sec. 4, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
838, Sec. 5, eff. September 1, 2005.
Sec. 114.004. STAFF SUPPORT. The agencies represented on the
council shall provide staff support to the council from among the
agency staff who are responsible for coordinating services to
persons with autism or other pervasive developmental disorders or
to those persons' families. The council may require the
employment of staff to carry out the responsibilities of the
council. The executive commissioner of the Health and Human
Services Commission shall determine which agency must employ
staff for the council and what funding resources shall be used
for the council.
Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1,
1987. Amended by Acts 2001, 77th Leg., ch. 78, Sec. 2, eff. Sept.
1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
838, Sec. 6, eff. September 1, 2005.
Sec. 114.005. ADVISORY TASK FORCE. (a) The council shall
establish an advisory task force composed of professionals,
advocacy groups, and family members of persons with autism or
other pervasive developmental disorders. The council shall
appoint as many members to the task force as the council
considers necessary to assist the council in performing its
duties.
(b) The chair of the council shall appoint the chair of the task
force, and the task force shall meet and serve in accordance with
council rules. The council may divide the task force into
regional committees to assist the council in community level
program planning and implementation.
(c) A member of the task force may be appointed or removed
without cause by a majority vote of the public members of the
council present at a council meeting.
Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1,
1987.
Amended by:
Acts 2005, 79th Leg., Ch.
838, Sec. 7, eff. September 1, 2005.
Sec. 114.006. STATE PLAN. (a) The council shall develop a
state plan to provide services to persons with autism or other
pervasive developmental disorders to ensure that:
(1) the needs of those persons and their families are addressed
statewide and that all available resources are coordinated to
meet those needs;
(2) within existing resources, the full range of services that
are available through existing state agencies is offered to those
persons throughout their lives to the maximum extent possible;
(3) personnel training needs are assessed statewide and
strategies are developed to meet those needs;
(4) incentives are offered to private sources to encourage the
sources to maintain present commitments and to assist in
developing new programs; and
(5) a procedure for reviewing individual complaints about
services provided under this chapter is implemented.
(b) The council shall make written recommendations on the
implementation of this chapter. If the council considers a
recommendation that will affect an agency not represented on the
council, the council shall seek the advice and assistance of the
agency before taking action on the recommendation. On approval of
the governing body of the agency, each agency affected by a
council recommendation shall implement the recommendation. If an
agency does not have sufficient funds to implement a
recommendation, the agency shall request funds for that purpose
in its next budget proposal.
(c) Repealed by Acts 2001, 77th Leg., ch. 78, Sec. 3, eff. Sept.
1, 2001.
Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1,
1987. Amended by Acts 2001, 77th Leg., ch. 78, Sec. 3, eff. Sept.
1, 2001.
Sec. 114.007. DUTIES. (a) The council shall provide
recommendations to the Health and Human Services Commission and
other appropriate state agencies responsible for implementing
this chapter, including recommendations relating to the use of
funds appropriated to the commission or another health and human
services agency to provide services to persons with autism or
other pervasive developmental disorders.
(b) The council with the advice of the advisory task force and
input from people with autism and other pervasive developmental
disorders, their families, and related advocacy organizations
shall address contemporary issues affecting services available to
persons with autism or other pervasive developmental disorders in
this state, including:
(1) successful intervention and treatment strategies, including
transitioning;
(2) personnel preparation and continuing education;
(3) referral, screening, and evaluation services;
(4) day care, respite care, or residential care services;
(5) vocational and adult training programs;
(6) public awareness strategies;
(7) contemporary research;
(8) early identification strategies;
(9) family counseling and case management; and
(10) recommendations for monitoring autism service programs.
(c) The council with the advice of the advisory task force and
input from people with autism and other pervasive developmental
disorders, their families, and related advocacy organizations
shall advise the legislature on legislation that is needed to
develop further and to maintain a statewide system of quality
intervention and treatment services for all persons with autism
or other pervasive developmental disorders. The council may
develop and recommend legislation to the legislature or comment
on pending legislation that affects those persons.
(d) The council shall identify and monitor apparent gaps in
services currently available from various state agencies for
persons with autism or other pervasive developmental disorders
and shall advocate improvements on behalf of those persons.
Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1,
1987.
Amended by:
Acts 2005, 79th Leg., Ch.
838, Sec. 8, eff. September 1, 2005.
Sec. 114.008. REPORT. (a) The agencies represented on the
council and the public members shall report to the council any
requirements identified by the agency or person to provide
additional or improved services to persons with autism or other
pervasive developmental disorders. Not later than November 1 of
each year, the council shall prepare and deliver to the executive
commissioner of the Health and Human Services Commission, the
governor, the lieutenant governor, and the speaker of the house
of representatives a report summarizing the recommendations.
(b) The council shall develop a strategy for establishing new
programs to meet the requirements identified through the
council's review and assessment and from input from the task
force, people with autism and related pervasive developmental
disorders, their families, and related advocacy organizations.
Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1,
1987.
Amended by:
Acts 2005, 79th Leg., Ch.
838, Sec. 9, eff. September 1, 2005.
Sec. 114.009. PROGRAM GUIDELINES. The council shall develop
specific program guidelines for:
(1) instructional or treatment options;
(2) frequency and duration of services;
(3) ratio of staff to affected persons;
(4) staff composition and qualifications;
(5) eligibility determination; and
(6) other program features designed to ensure the provision of
quality services.
Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1,
1987.
Sec. 114.010. FUNDING REQUESTS FOR PROGRAMS. (a) A public or
private service provider may apply for available funds to provide
a program of intervention services for eligible persons with
autism or other pervasive developmental disorders in areas of
identified needs.
(b) To apply for funds, a person must submit a grant request to
the council.
(c) The council shall adopt rules governing the submission and
processing of funding requests.
(d) Funds may be appropriated from available resources to allow
the council to provide recommendations to the Health and Human
Services Commission and other appropriate state agencies
responsible for implementing this chapter, including
recommendations relating to the use of funds appropriated to the
commission or another health and human services agency to provide
services to persons with autism or other pervasive developmental
disorders.
Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1,
1987.
Amended by:
Acts 2005, 79th Leg., Ch.
838, Sec. 10, eff. September 1, 2005.
Sec. 114.011. APPROVAL CRITERIA. (a) The council shall review
each request for program funding on a competitive basis and shall
consider:
(1) the extent to which the program would meet identified needs;
(2) the cost of initiating the program, if applicable;
(3) whether other funding sources are available;
(4) the proposed cost of the services to the client or the
client's family; and
(5) the assurance of quality services.
(b) The council may not approve a funding request for a new
program unless the service provider agrees to:
(1) operate and maintain the program within the guidelines
established by the council;
(2) develop for each person with autism or other pervasive
developmental disorders an individualized developmental plan
that:
(A) includes family participation and periodic review and
reevaluation; and
(B) is based on a comprehensive developmental evaluation
conducted by an interdisciplinary team;
(3) provide services to meet the unique needs of each person
with autism or other pervasive developmental disorders as
indicated by the person's individualized developmental plan; and
(4) develop a method in accordance with rules adopted by the
council and approved by the council to respond to individual
complaints relating to services provided by the program.
(c) The council shall develop with the Health and Human Services
Commission and any agency designated by the commission procedures
for allocating available funds to programs approved under this
section.
(d) This chapter does not affect the existing authority of a
state agency to provide services to a person with autism or other
pervasive developmental disorders if the person meets the
eligibility criteria established by this chapter. The council may
modify the program standards if the council considers the
modifications necessary for a particular program.
Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1,
1987.
Amended by:
Acts 2005, 79th Leg., Ch.
838, Sec. 11, eff. September 1, 2005.
Sec. 114.012. FEES FOR SERVICES. (a) A service provider may
charge a fee for services that is based on the client's or
family's ability to pay. The fee must be used to offset the cost
of providing or securing the services. If a service provider
charges a fee, the provider must charge a separate fee for each
type of service. In determining a client's or family's ability to
pay for services, the provider must consider the availability of
financial assistance or other benefits for which the client or
family may be eligible.
(b) A state agency may charge a fee for services provided by the
agency under this chapter that is based on the client's or
family's ability to pay.
Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1,
1987.
Sec. 114.013. AUTISM SPECTRUM DISORDERS RESOURCE CENTER. (a)
The Health and Human Services Commission shall establish and
administer an autism spectrum disorders resource center to
coordinate resources for individuals with autism and other
pervasive developmental disorders and their families. In
establishing and administering the center, the Health and Human
Services Commission shall consult with the council and coordinate
with appropriate state agencies, including each agency
represented on the council.
(b) The Health and Human Services Commission shall design the
center to:
(1) collect and distribute information and research regarding
autism and other pervasive developmental disorders;
(2) conduct training and development activities for persons who
may interact with an individual with autism or another pervasive
developmental disorder in the course of their employment,
including school, medical, or law enforcement personnel;
(3) coordinate with local entities that provide services to an
individual with autism or another pervasive developmental
disorder; and
(4) provide support for families affected by autism and other
pervasive developmental disorders.
Added by Acts 2009, 81st Leg., R.S., Ch.
177, Sec. 1, eff. September 1, 2009.