CHAPTER 115. GOVERNOR'S COMMITTEE ON PEOPLE WITH DISABILITIES

State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-7-rehabilitation-of-individuals-with-disabilities > Chapter-115-governor-s-committee-on-people-with-disabilities

HUMAN RESOURCES CODE

TITLE 7. REHABILITATION OF INDIVIDUALS 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.

(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;

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.

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.

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.

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.

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

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.

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