CHAPTER 114. TEXAS COUNCIL ON AUTISM AND PERVASIVE DEVELOPMENTAL DISORDERS

State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-7-rehabilitation-of-individuals-with-disabilities > 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;

(D) Texas Education Agency;

(E) Department of Assistive and Rehabilitative Services; and

(F) Department of Family and Protective Services.

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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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