CHAPTER 115. GOVERNOR'S COMMITTEE ON PEOPLE WITH DISABILITIES
HUMAN RESOURCES CODE
TITLE 7. REHABILITATION OF INDIVIDUALS WITH DISABILITIES
CHAPTER 115. GOVERNOR'S COMMITTEE ON PEOPLE WITH DISABILITIES
Sec. 115.001. COMMITTEE; MISSION. (a) The Governor's Committee
on People with Disabilities is within the office of the governor.
(b) The committee's mission is to further opportunities for
persons with disabilities to enjoy full and equal access to lives
of independence, productivity, and self-determination.
Added by Acts 1991, 72nd Leg., ch. 577, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1999, 76th Leg., ch. 37, Sec. 1, eff. Sept.
1, 1999.
Sec. 115.002. COMPOSITION. (a) The committee is composed of 12
members appointed by the governor and of nonvoting ex officio
members.
(b) The appointed members are appointed for staggered terms of
two years, with half the members' terms expiring February 1 of
each odd-numbered year and half the members' terms expiring
February 1 of each even-numbered year. At least seven of the
appointed members must be persons with disabilities.
(c) The ex officio members are:
(1) the executive director of the Texas Workforce Commission;
(2) the commissioner of the Texas Rehabilitation Commission;
(3) the executive director of the Texas Commission for the
Blind;
(4) the executive director of the Texas Commission for the Deaf
and Hard of Hearing; and
(5) other officials designated by the governor who serve with
other state agencies that provide services to persons with
disabilities.
(d) Except as provided by Subsection (b), appointments to the
committee shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointees.
Added by Acts 1991, 72nd Leg., ch. 577, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 835, Sec. 22, eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 37, Sec. 2, eff. Sept.
1, 1999; Acts 2003, 78th Leg., ch. 817, Sec. 10.10, eff. Sept. 1,
2003.
Sec. 115.0021. CONFLICT OF INTEREST. A person may not be a
member of the committee or act as the general counsel to the
committee 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 committee.
Added by Acts 1999, 76th Leg., ch. 37, Sec. 5, eff. Sept. 1,
1999.
Sec. 115.0022. TRAINING FOR COMMITTEE MEMBERS. (a) A person
who is appointed to and qualifies for office as a member of the
committee may not vote, deliberate, or be counted as a member in
attendance at a meeting of the 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 committee;
(2) the programs operated by the committee;
(3) the role and functions of the committee;
(4) any relevant rules of the committee;
(5) the current budget for the committee;
(6) the results of the most recent formal audit of the
committee;
(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 committee or
the Texas Ethics Commission.
(c) A person appointed to the 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. 37, Sec. 5, eff. Sept. 1,
1999.
Sec. 115.0023. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the committee that a member:
(1) is ineligible for membership under Section 115.0021;
(2) cannot discharge the member's duties for a substantial part
of the member's term; or
(3) is absent from more than half of the regularly scheduled
committee meetings that the member is eligible to attend during a
calendar year without an excuse approved by a majority vote of
the committee.
(b) The validity of an action of the committee is not affected
by the fact that it is taken when a ground for removal of a
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 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 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. 37, Sec. 5, eff. Sept. 1,
1999.
Sec. 115.003. REIMBURSEMENT. Appointed members may not receive
compensation for service on the committee but are entitled to
actual and necessary expenses incurred in the performance of
committee business, including attendance at committee meetings,
telephone calls to conduct committee business, and attendance at
functions to represent the committee officially. The payment of
expenses is limited to available funds.
Added by Acts 1991, 72nd Leg., ch. 577, Sec. 1, eff. Sept. 1,
1991.
Sec. 115.004. OFFICERS; MEETINGS; QUORUM. (a) The governor
shall designate one member of the committee as the presiding
officer of the committee to serve in that capacity at the
pleasure of the governor. The committee may elect other officers
from its members as the committee considers necessary.
(b) The committee shall meet quarterly as provided by committee
rule and may meet at other times at the call of the presiding
officer.
(c) The committee is considered to be a governmental body
subject to Chapter 551, Government Code.
(d) A majority of the appointed members of the committee
constitutes a quorum.
Added by Acts 1991, 72nd Leg., ch. 577, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82),
eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 37, Sec. 3, eff.
Sept. 1, 1999.
Sec. 115.0041. DIVISION OF RESPONSIBILITY. The committee shall
develop and implement policies that clearly separate the
policymaking responsibilities of the committee and the management
responsibilities of the executive director and staff of the
committee.
Added by Acts 1999, 76th Leg., ch. 37, Sec. 5, eff. Sept. 1,
1999.
Sec. 115.0042. PUBLIC HEARINGS. The committee shall develop and
implement policies that provide the public with a reasonable
opportunity to appear before the committee and to speak on any
issue under the jurisdiction of the committee.
Added by Acts 1999, 76th Leg., ch. 37, Sec. 5, eff. Sept. 1,
1999.
Sec. 115.005. SUNSET PROVISION. The Governor's Committee on
People with Disabilities is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the committee is abolished and this
chapter expires September 1, 2013.
Added by Acts 1991, 72nd Leg., ch. 577, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.
4.08, eff. Nov. 12, 1991; Acts 1999, 76th Leg., ch. 37, Sec. 4,
eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1227, Sec. 2.04, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
928, Sec. 3.06, eff. June 15, 2007.
Acts 2009, 81st Leg., 1st C.S., Ch.
2, Sec. 2.12, eff. July 10, 2009.
Sec. 115.006. STAFF; FUNDING. (a) The governor's office shall
employ, subject to the approval of the committee, an executive
director for the committee at a salary as determined by
legislative appropriation.
(b) The governor's office shall provide other administrative
support to the committee. The executive director of the committee
shall coordinate the provision of the administrative support and
shall supervise the staff.
(c) The committee shall be funded through the governor's office.
Added by Acts 1991, 72nd Leg., ch. 577, Sec. 1, eff. Sept. 1,
1991.
Sec. 115.0061. STANDARDS OF CONDUCT. The executive director or
the executive director's designee shall provide to members of the
committee and to committee employees, as often as necessary,
information regarding the requirements for office or employment
under this chapter, 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. 37, Sec. 5, eff. Sept. 1,
1999.
Sec. 115.007. RULES AND SUBCOMMITTEES. (a) The committee shall
adopt rules and designate subcommittees and task forces as it
considers advisable for the conduct of the committee's functions.
(b) The committee may appoint persons other than committee
members to serve on its subcommittees and task forces as
appropriate to obtain needed expertise and broaden representation
from its constituencies. Those persons may not receive
compensation for their services but may be reimbursed for travel
and lodging expenses.
Added by Acts 1991, 72nd Leg., ch. 577, Sec. 1, eff. Sept. 1,
1991.
Sec. 115.008. GIFTS, GRANTS, AND DONATIONS. The committee may
solicit and accept gifts, grants, and donations to support the
committee or carry out the committee's functions.
Added by Acts 1991, 72nd Leg., ch. 577, Sec. 1, eff. Sept. 1,
1991.
Sec. 115.009. FUNCTIONS. The committee shall:
(1) serve as a central source of information and education on
the abilities, rights, problems, and needs of persons with
disabilities and, as necessary, issue reports;
(2) provide information to and advise the governor and the
governor's staff on matters relating to the full participation of
persons with disabilities in all aspects of life;
(3) before the end of each even-numbered year, submit to the
governor and to the legislature a report that includes:
(A) the status of the state's compliance with federal and state
laws pertaining to rights and opportunities for persons with
disabilities and recommendations to achieve further compliance,
if necessary;
(B) a long-range state plan for persons with disabilities and
recommendations to implement that plan; and
(C) any recommended changes in state laws relating to persons
with disabilities;
(4) serve as the state's liaison agency in working with the
President's Committee on Employment of Persons with Disabilities
and other entities involved in activities or concerns affecting
persons with disabilities;
(5) develop and work with a statewide network of volunteer
community-level committees to promote dissemination of
information about and implementation of federal and state laws
addressing rights and opportunities for persons with
disabilities;
(6) evaluate the state's compliance with the federal Americans
with Disabilities Act of 1990 (Pub. L. No. 101-336) and other
federal and state statutes relating to rights and opportunities
for persons with disabilities;
(7) provide information and technical assistance to public and
private agencies and businesses to promote and facilitate
implementation of the federal Americans with Disabilities Act of
1990 (Pub. L. No. 101-336) and other federal and state statutes
relating to rights and opportunities of persons with
disabilities;
(8) collect and evaluate data on employment of persons with
disabilities by state agencies;
(9) work with legislative committees and with state agencies on
the development of laws and policies that affect persons with
disabilities;
(10) promote the compilation and publication of state laws
relating to persons with disabilities; and
(11) issue awards and other forms of recognition to persons and
organizations making outstanding contributions to the employment
of persons with disabilities and to public awareness of issues
impacting persons with disabilities.
Added by Acts 1991, 72nd Leg., ch. 577, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1999, 76th Leg., ch. 37, Sec. 4, eff. Sept.
1, 1999.
Sec. 115.010. GOVERNMENTAL COOPERATION. The agencies of state
and local government shall cooperate with and assist the
committee in the performance of its functions.
Added by Acts 1991, 72nd Leg., ch. 577, Sec. 1, eff. Sept. 1,
1991.
Sec. 115.011. COMPLAINTS. (a) The committee shall maintain a
file on each written complaint filed with the committee. The file
must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the committee;
(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 of the complaint; and
(6) an explanation of the reason the file was closed, if the
committee closed the file without taking action other than to
review the complaint.
(b) The committee, 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 review of the
complaint.
Added by Acts 1999, 76th Leg., ch. 37, Sec. 5, eff. Sept. 1,
1999.