CHAPTER 112. DEVELOPMENTAL DISABILITIES

State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-7-rehabilitation-of-individuals-with-disabilities > Chapter-112-developmental-disabilities

HUMAN RESOURCES CODE

TITLE 7. REHABILITATION OF INDIVIDUALS WITH 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.

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.

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.

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;

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.

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.

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.

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.

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.

(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.

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;

(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.

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.

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.

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;

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.

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.

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.

(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.

(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

(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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!