HUMAN RESOURCES CODE
CHAPTER 73. INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION
SERVICES
§ 73.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of the Interagency Council
on Early Childhood Intervention.
(2) "Council" means the Interagency Council on Early
Childhood Intervention.
(3) "Developmental delay" means a significant
variation in normal development as measured by appropriate
diagnostic instruments and procedures, in one or more of the
following areas:
(A) cognitive development;
(B) physical development;
(C) communication development;
(D) social or emotional development; or
(E) adaptive development.
Added by Acts 1983, 68th Leg., p.1012, ch. 235, art. 4, § 4(a),
eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 931, art.
12, § 1, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 923, §
1, eff. Sept. 1, 1997.
§ 73.002. BOARD. (a) The council is governed by a
board composed of:
(1) eight lay members who are the family members of
children with developmental delay, appointed by the governor with
the advice and consent of the senate; and
(2) one member who is a representative of the Texas
Education Agency, appointed by the commissioner of education.
(b) In addition to the members appointed under Subsection
(a), nonvoting representatives shall be appointed by the
commissioner or executive head of the following agencies to
actively participate in board deliberations and advise the board on
the appointing agency's perspective and concerns regarding the
early childhood intervention program:
(1) the Texas Department of Health;
(2) the Texas Department of Mental Health and Mental
Retardation;
(3) the Texas Commission on Alcohol and Drug Abuse;
(4) the Texas Department of Human Services;
(5) the Department of Protective and Regulatory
Services; and
(6) the Texas Workforce Commission.
(c) Five of the lay members of the board must be the parents
of children who are receiving or have received early childhood
intervention services. Each state agency member on or
representative to the board appointed under Subsection (a) or (b)
must have administrative responsibility in the agency represented
by the member or representative for early childhood intervention or
related services and must have authority to make decisions and,
subject to the approval of the appropriate commissioner or
executive head, commit resources on behalf of the appointing
agency.
(d) Members of the board appointed under Subsection (a)
serve for staggered six-year terms, with the terms of three members
expiring February 1 of each odd-numbered year. The representatives
to the board appointed under Subsection (b) serve as nonvoting
participants and serve at the will of the appointing authority. If
a representative appointed by a state agency under Subsection (b)
terminates employment with the agency, the representative's
position becomes vacant on the date of termination. It is a ground
for removal from the board if a member appointed by a state agency
under Subsection (a) terminates employment with the agency.
(e) The governor shall designate a member of the board as
the presiding officer of the board to serve in that capacity at the
will of the governor. The members of the board shall elect one
member of the board to serve as assistant presiding officer. The
assistant presiding officer shall serve a two-year term.
(f) The board shall meet at least quarterly and shall adopt
rules for the conduct of its meetings.
(g) Any action taken by the board must be approved by a
majority vote of the members present.
(h) The board shall establish regulations, policies, and
procedures for carrying out the council's duties under this
chapter.
(i) The board shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the board and to speak on any issue under the jurisdiction of the
council.
Added by Acts 1983, 68th Leg., p. 1012,. ch. 235, art. 4, § 4(a),
eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 264, §
21, eff. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 931, art. 12, §
1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 747, § 30, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 165, § 6.56, eff. Sept.
1, 1997; Acts 1997, 75th Leg., ch. 923, § 2, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 33, § 1, eff. Sept. 1, 1999.
§ 73.0021. ELIGIBILITY REQUIREMENT FOR BOARD
MEMBERSHIP. (a) Appointments to the board shall be made without
regard to race, color, disability, sex, religion, age, or national
origin.
(b) A person is not eligible for appointment as a board
member if:
(1) the person does not meet the eligibility
requirements under Section 73.002;
(2) the person or the person's spouse is an officer of
an agency or paid counsel of an organization with which the council
engages in a contractual relationship; or
(3) the person violates a prohibition established by
Section 73.0024.
Added by Acts 1997, 75th Leg., ch. 923, § 3, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 33, § 2, eff. Sept. 1, 1999.
§ 73.0022. REMOVAL OF BOARD MEMBERS. (a) It is a
ground for removal from the board if a member:
(1) is not eligible for appointment to the board under
Section 73.002;
(2) does not maintain during service on the board the
qualifications required by Section 73.002;
(3) has or develops an interest that conflicts or
appears to conflict with the member's position on the board or
violates a prohibition established by Section 73.0024;
(4) cannot discharge the member's duties for a
substantial part of the term for which the member is appointed
because of illness or disability; or
(5) is absent for more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year.
(b) The validity of an action of the board is not affected by
the fact that it was taken when grounds for removal of a board
member existed.
(c) If the executive director of the council has knowledge
that a potential ground for removal exists, the executive director
shall notify the presiding officer of the board. The presiding
officer shall then notify the appropriate appointing authority of
the potential removal and the cause for the potential removal
action.
(d) If a board member is removed for cause, the appointing
authority shall make a subsequent appointment for the remainder of
that board member's term.
Added by Acts 1997, 75th Leg., ch. 923, § 4, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 33, § 3, eff. Sept. 1, 1999.
§ 73.0023. BOARD MEMBER TRAINING. (a) A person who is
appointed to and qualifies for office as a member of the board may
not vote, deliberate, or be counted as a member in attendance at a
meeting of the board 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 and the
board;
(2) the programs operated by the council;
(3) the role and functions of the council;
(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;
(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
council or the Texas Ethics Commission.
(c) A person appointed to the board 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. 33, § 4, eff. Sept. 1, 1999.
§ 73.0024. RESTRICTIONS ON BOARD MEMBERS AND
EMPLOYEES. (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 board 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 early
childhood intervention; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of early
childhood intervention.
(c) A person may not be a member of the board or act as the
general counsel to the board or 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. 33, § 4, eff. Sept. 1, 1999.
§ 73.0025. COMPLAINT PROCESS. (a) The board shall
develop a method for responding to complaints regarding services
provided by the council.
(b) 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.
(c) 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.
(d) The council, at least quarterly 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
investigation unless the notice would jeopardize an undercover
investigation.
Added by Acts 1999, 76th Leg., ch. 33, § 4, eff. Sept. 1, 1999.
§ 73.003. STRATEGIC PLAN. The council shall develop and
implement a strategic plan for a statewide system of early
childhood intervention services, as required by Subchapter VIII,
Individuals with Disabilities Education Act (IDEA) (20 U.S.C.
Section 1471 et seq.), and its subsequent amendments, to ensure
that the provisions of this chapter are properly implemented by the
agencies affected.
Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, § 4(a),
eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 931, art.
12, § 1, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 923, §
5, eff. Sept. 1, 1997.
§ 73.004. ADVISORY COMMITTEE. (a) The governor shall
appoint an advisory committee to assist the council in the
performance of its duties. The council shall establish the size and
composition of the committee by rule, consistent with federal
regulations and state rules. The governor or the council may also
appoint ex officio members to serve for specific purposes to assist
the council in the performance of its duties.
(b) The committee shall meet and serve under the rules of
the board, but the committee shall elect its own presiding officer.
The committee may be divided into regional committees to assist the
council in community-level program planning and implementation.
(c) The advisory committee is not subject to Article
6252-33, Revised Statutes.
Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, § 4(a),
eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 931, art.
12, § 1, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch.
15, § 5.18, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 923,
§ 6, eff. Sept. 1, 1997.
§ 73.0041. ADVISORY COMMITTEE DUTIES. The advisory
committee established under Section 73.004 shall perform the duties
and responsibilities required of an advisory committee under
Subchapter VIII, Individuals with Disabilities Education Act
(IDEA) (20 U.S.C. Section 1471 et seq.), and its subsequent
amendments.
Added by Acts 1997, 75th Leg., ch. 923, § 7, eff. Sept. 1, 1997.
§ 73.0045. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
AND HUMAN SERVICES. The commissioner of health and human services
has the powers and duties relating to the board and the executive
director of the board as provided by Section 531.0055, Government
Code. To the extent a power or duty given to the board or executive
director by this chapter or another law conflicts with Section
531.0055, Government Code, Section 531.0055 controls.
Added by Acts 1999, 76th Leg., ch. 1460, § 2.06, eff. Sept. 1,
1999.
§ 73.005. BOARD POWERS AND DUTIES. (a) The board with
the advice of the advisory committee shall address contemporary
issues affecting intervention services in the state including:
(1) successful intervention strategies;
(2) personnel preparation and continuing education;
(3) screening services;
(4) day or respite care services;
(5) public awareness; and
(6) contemporary research.
(b) The board with the advice of the advisory committee
shall advise the legislature on legislation that is needed to
maintain a statewide system of quality intervention services for
children with developmental delay who are under three years of age
and the families of those children. The council may develop and
submit legislation to the legislature or comment on pending
legislation that affects this population.
Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, § 4(a),
eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 931, art.
12, § 1, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 923, §
8, eff. Sept. 1, 1997.
§ 73.0051. POWERS AND DUTIES OF COUNCIL. (a) The
council is the lead agency designated by the governor under
Subchapter VIII, Individuals with Disabilities Education Act
(IDEA) (20 U.S.C. Section 1471 et seq.), and its subsequent
amendments, for the administration, supervision, and monitoring of
a statewide comprehensive system of early intervention services
that will ensure that all infants and toddlers in this state who are
below the age of three and have developmental needs or are at risk
of developmental delay receive services that are provided in
partnership with their families and in the context of their local
community.
(b) The council by rule shall:
(1) provide for compliance with the terms and
provisions of applicable federal and state laws in the
administration of programs and the delivery of services under this
chapter;
(2) establish a program to monitor fiscal and program
implementation; and
(3) establish appropriate sanctions for providers who
fail to comply with statutory and regulatory fiscal and program
requirements.
(c) The council may enter into, administer, and monitor
contracts with providers for programs and projects authorized under
this chapter.
(d) The council shall periodically monitor program
activities and fiscal performance of the entities funded under this
chapter to:
(1) determine compliance with federal and state
requirements;
(2) assess the performance of the entities in
identifying children under three years of age with developmental
delay in populations at risk of developmental delay; and
(3) issue reports regarding program monitoring.
(e) The council may apply for and accept gifts, grants, and
donations from public and private sources for use in programs
authorized under this chapter. The council shall deposit money
received under this section into the state treasury.
(f) The council shall:
(1) cooperate with the Health and Human Services
Commission and other local, state, and federal agencies in the
strategic planning, funding, delivery, and monitoring of services
authorized under this chapter; and
(2) jointly with the Department of Protective and
Regulatory Services develop and implement policies applicable to
providers of services authorized under this chapter in situations
involving service recipients who are vulnerable to abuse or
neglect.
(g) The council shall make periodic reports as required by
law to other agencies, the legislature, appropriate committees, the
governor, and the Secretary of the United States Department of
Education.
(h) The council shall ensure that all programs and council
functions are conducted in a nondiscriminatory manner.
(i) The council shall include parents when deciding the
appropriate treatment for the needs of their child or children.
After establishing an initial and ongoing treatment plan for a
child, the council shall ensure that the child's parents continue
to be included in all decisions relating to the services provided to
the child, including the determination of the most appropriate
setting for the child to receive services. The council shall ensure
that a child's parents receive written notification of the progress
toward meeting the child's treatment plan. The notification must
include details to assist parents in meeting the child's treatment
goals.
(j) The council shall not limit services to solely natural
environments but shall also make alternatives available when early
intervention cannot be achieved satisfactorily in a natural
environment.
(k) The council shall cooperate with the Health and Human
Services Commission to select an appropriate automated system or
systems currently used by a state agency to plan, manage, and
maintain records of client services. If cost-effective, the
council may use the automated system or systems to carry out other
appropriate council administrative functions.
(l) The council by rule may establish a system of payments
by families of children receiving services under this chapter,
including a schedule of sliding fees, in a manner consistent with 34
C.F.R. Sections 303.12(a)(3)(iv), 303.520, and 303.521.
Added by Acts 1997, 75th Leg., ch. 923, § 9, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 33, § 5, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 198, § 2.114, eff. Sept. 1, 2003.
§ 73.0052. PERSONNEL MATTERS. (a) The executive
director or the executive director's designee shall provide to
members of the board and to the employees of the council, 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.
(b) The commissioner of health and human services shall
employ an executive director in accordance with Section 531.0056,
Government Code. The executive director shall establish necessary
administrative units and hire other necessary employees.
(c) Utilizing established standards, the commissioner of
health and human services shall evaluate the performance of the
executive director annually.
(d) The executive director or the executive director's
designee shall develop an intra-agency career ladder program.
Employees will be notified of all available positions. When
appropriate, postings will be made available to council employees
before public posting.
(e) The executive director or the executive director's
designee shall develop a system of annual performance evaluations
based on measurable job tasks. All merit pay for council employees
must be based on the system established under this subsection.
(f) The executive director or the executive director's
designee shall prepare and maintain a written policy statement to
assure implementation of a program of equal employment opportunity
under which all personnel transactions are made without regard to
race, color, handicap, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, appointment, training, and
promotion of personnel;
(2) a comprehensive analysis of the agency workforce
that meets federal and state laws, rules, and regulations and
instructions promulgated directly from those laws, rules, and
regulations; and
(3) procedures by which a determination can be made of
significant underutilization in the council's workforce of all
persons for whom federal or state laws, rules, and regulations and
instructions promulgated directly from those laws, rules, and
regulations encourage a more equitable balance and reasonable
methods to appropriately address those areas of significant
underutilization.
(g) The policy statement prepared under Subsection (f)
must:
(1) cover an annual period;
(2) be updated at least annually; and
(3) be filed with the governor.
(h) The board shall develop and implement policies that
clearly separate the policymaking responsibilities of the board and
the management responsibilities of the executive director and the
staff of the council.
Added by Acts 1997, 75th Leg., ch. 923, § 10, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 33, § 6, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1460, § 2.07, eff. Sept. 1, 1999.
§ 73.006. REIMBURSEMENT FOR EXPENSES. (a) An agency
member on or agency representatives to the board and the advisory
committee, if any, are entitled to reimbursement for expenses
incurred in the performance of their duties by the appointing
agencies in accordance with the travel provisions for state
employees in the General Appropriations Act.
(b) The lay members of the board and advisory committee are
entitled to reimbursement for reasonable and necessary expenses
incurred in the performance of board or advisory committee duties,
including reimbursement for child care.
(c) The agencies that have a member or representatives on
the board shall provide staff support to the council as needed. The
agencies may provide staff support to the committee.
(d) A board member, a nonvoting representative to the board,
or an advisory committee member who is disabled and who, because of
the disability, requires attendant care to perform the person's
duties is entitled to reimbursement for the cost of the attendant
care.
Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, § 4(a),
eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 931, art.
12, § 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 747, §
31, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, § 8.142,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 923, § 11, eff.
Sept. 1, 1997.
§ 73.007. PUBLIC AWARENESS AND TRAINING. The council
shall develop and implement:
(1) a general public awareness strategy focusing on
the importance of prenatal care and early identification of infants
and toddlers with developmental delay and the availability of
resources to meet their needs; and
(2) a statewide plan for conducting training and
technical assistance for service providers, primary referral
sources, and families with children under three years of age with
developmental delay.
Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, § 4(a),
eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 264, §
22, eff. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 931, art. 12, §
1, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 923, § 12, eff.
Sept. 1, 1997.
§ 73.008. EARLY IDENTIFICATION STRATEGY. (a) The
council shall develop and implement a statewide strategy for:
(1) the early identification of children under three
years of age with developmental delay;
(2) improving the early identification of children
under three years of age with developmental delay in populations at
risk of developmental delay, through measures such as:
(A) targeting at-risk populations and
appropriate geographical regions; and
(B) monitoring the performance of providers of
services authorized under this chapter in identifying those
children; and
(3) the coordination of programs with other agencies
serving children with developmental delay, including the
coordination of policy issues that affect children with
developmental delay who are three years of age or older.
(b) The strategy must include plans to:
(1) incorporate, strengthen, and expand similar
existing local efforts;
(2) incorporate and coordinate screening services
currently provided through a public agency;
(3) establish a liaison with primary referral sources,
including hospitals, physicians, public health facilities, and
day-care facilities, to encourage referrals of children with
developmental delay; and
(4) provide active leadership in addressing issues
affecting the effectiveness of services for children with
developmental delay, including issues such as the provision of
respite care and development of incentives to encourage provision
of respite care by providers of services authorized under this
chapter.
Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, § 4(a),
eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 931, art.
12, § 1, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 923, §
13, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 33, § 7, eff.
Sept. 1, 1999.
§ 73.009. REFERRAL FOR SERVICES. (a) The council
shall establish policies concerning services described by this
section. A child under three years of age and the child's family
may be referred for services described by this section if the child
is:
(1) identified as developmentally delayed;
(2) suspected of being developmentally delayed; or
(3) considered at risk of developmental delay.
(b) For each child referred, the council shall:
(1) seek appropriate medical or developmental
screening or evaluation and if such screening services or
evaluation services are not available, the council shall provide
those services either directly or by contract; and
(2) refer the child to a public or private program that
can meet the child's needs.
(c) Services under this section shall be provided in a
manner that minimizes intrusion into family privacy.
Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, § 4(a),
eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 931, art.
12, § 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 747, §
32, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 923, § 14, eff.
Sept. 1, 1997.
§ 73.010. ELIGIBILITY FOR SERVICES. A child is eligible
for services under this chapter if the child:
(1) is under three years of age; and
(2) is documented as having developmental delay or has
a medically diagnosed physical or mental condition that has a high
probability of resulting in developmental delay.
Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, § 4(a),
eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 931, art.
12, § 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 747, §
33, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 165, § 6.57,
eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 923, § 15, eff.
Sept. 1, 1997.
§ 73.011. PROVIDER SELECTION. (a) The council shall
select providers of services authorized under this chapter on a
best value basis in a manner that:
(1) maximizes federal, private, and local sources of
funding; and
(2) promotes competition when possible.
(b) The council shall determine best value as required by
Subsection (a) when the council initially awards a contract to a
provider and when the council considers renewal of a provider's
contract.
(c) In determining whether a provider will provide best
value to the council, the council shall consider:
(1) the past performance of the provider;
(2) the quality of the provider's services;
(3) the cost of the provider's services;
(4) the ability of the provider to maximize federal,
private, and local sources of funding;
(5) the ability of the provider to comply with state
and federal program requirements;
(6) the availability of the provider to deliver
required services; and
(7) any other relevant factor.
Added by Acts 1999, 76th Leg., ch. 33, § 8, eff. Sept. 1, 1999.
§ 73.022. FINANCES. (a) The council shall:
(1) ensure compliance with requirements necessary to
obtain federal funds in the maximum amount and the most
advantageous proportions possible;
(2) seek funding in a manner that maximizes the total
amount of money available from federal, private, and local sources
for programs funded under this chapter;
(3) apply for, receive, administer, and spend federal
and state funds for Subchapter III, Individuals with Disabilities
Education Act (IDEA) (20 U.S.C. Section 1431 et seq.), and its
subsequent amendments, dealing with infants and toddlers from birth
to age three with developmental delay and their families; and
(4) authorize and account for the classification and
spending of maintenance of effort and carryover funds from all
sources in carrying out the programs funded under this chapter.
(b) All money paid to the council under this chapter shall
be deposited in the state treasury and may be used only for the
administration of this chapter.
(c) The financial transactions of the council are subject to
audit by the state auditor in accordance with Chapter 321,
Government Code.
(d) The executive director shall prepare and submit to the
board for approval a biennial budget and request for an
appropriation by the legislature of funds necessary to carry out
the duties of the council. The budget and request must include an
estimate of all federal funds to be allocated to the state for the
performance of the council's duties.
(e) The council shall submit the budget and appropriations
request to the Legislative Budget Board and the governor in the
manner prescribed by law.
(f) The council shall annually file with the governor and
the presiding officer of each house of the legislature a complete
and detailed written report accounting for all funds received and
disbursed by the council during the preceding year in accordance
with the General Appropriations Act.
Added by Acts 1989, 71st Leg., ch. 813, § 6.09, eff. Sept. 1,
1989. Amended by Acts 1997, 75th Leg., ch. 165, § 6.58, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 923, § 16, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 33, § 9, eff. Sept. 1, 1999.
§ 73.023. APPLICATION OF SUNSET ACT. The Interagency
Council on Early Childhood Intervention is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the council is abolished on September
1, 2011.
Added by Acts 1997, 75th Leg., ch. 923, § 17, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 33, § 10, eff. Sept. 1,
1999.
§ 73.024. OPEN MEETINGS; OPEN RECORDS; ADMINISTRATIVE
PROCEDURE. The board, council, and advisory committee are subject
to the requirements of the open meetings law, Chapter 551,
Government Code, the open records law, Chapter 552, Government
Code, and Chapter 2001, Government Code.
Added by Acts 1997, 75th Leg., ch. 923, § 18, eff. Sept. 1, 1997.
§ 74.006. CHILDREN'S TRUST FUND. (a), (b) Repealed by
Acts 2001, 77th Leg., ch. 957, § 8, eff. Sept. 1, 2001.
(c) The council may transfer money contained in the trust
fund to the operating fund at any time. However, during a fiscal
year the council may not transfer more than the amount deposited to
the credit of the fund from any source, including interest and the
amount credited under Section 118.022, Local Government Code,
during the preceding fiscal year. Money transferred to the
operating fund that was originally deposited to the credit of the
trust fund under Section 118.022, Local Government Code, may be
used only for an infant mortality prevention education program
developed and implemented under Section 40.0523 and child abuse and
neglect prevention programs. The council may also transfer funds
contained in the operating fund to the trust fund at any time.
(d) Repealed by Acts 2001, 77th Leg., ch. 957, § 8, eff.
Sept. 1, 2001.
Added by Acts 1985, 69th Leg., ch. 420, § 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 729, § 4, eff. June 19,
1987; Acts 1995, 74th Leg., ch. 902, § 3, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 1035, § 72, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 157, § 3, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 957, § 8, eff. Sept. 1, 2001.
