HUMAN RESOURCES CODE
CHAPTER 112. DEVELOPMENTAL DISABILITIES
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1985, 69th Leg., ch. 603, § 11, 12,
eff. Sept. 1, 1985; Acts 1999, 76th Leg., ch. 79, § 1, eff. Sept.
1, 1999.
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1985, 69th Leg., ch. 603, § 13, eff.
Sept. 1, 1985.
SUBCHAPTER B. TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES
§ 112.011. ESTABLISHMENT. The Texas Council for
Developmental Disabilities is established.
Added by Acts 1983, 68th Leg., p. 5272, ch. 970, § 1, eff. Aug.
29, 1983. Amended by Acts 1999, 76th Leg., ch. 79, § 4, eff.
Sept. 1, 1999.
§ 112.0111. DEFINITION. In this subchapter, "executive
director" means the executive director of the council.
Added by Acts 1999, 76th Leg., ch. 79, § 4, eff. Sept. 1, 1999.
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1985, 69th Leg., ch. 264, § 28, eff.
Aug. 26, 1985; Acts 1985, 69th Leg., ch. 603, § 14, eff. Sept. 1,
1985; Acts 1985, 69th Leg., ch. 793, § 22, eff. Sept. 1, 1985;
Acts 1999, 76th Leg., ch. 79, § 4, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 1170, § 9.01, eff. Sept. 1, 2003.
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 2003, 78th Leg., ch. 1170, § 9.02,
eff. Sept. 1, 2003.
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1999, 76th Leg., ch. 79, § 2, eff.
Sept. 1, 1999.
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1999, 76th Leg., ch. 79, § 4, eff.
Sept. 1, 1999.
§ 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.
(c) A representative of a state agency may not serve as
chair or 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1985, 69th Leg., ch. 603, § 15, eff.
Sept. 1, 1985.
§ 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.
(c) Unless otherwise required by applicable federal
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, § 4, eff. Sept. 1, 1999.
§ 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.
(c) If the executive director has knowledge that a potential
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, § 4, eff. Sept. 1, 1999.
§ 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;
(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 council 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. 79, § 4, eff. Sept. 1, 1999.
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1985, 69th Leg., ch. 603, § 16, eff.
Sept. 1, 1985.
§ 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.
(c) The designated state agency, in accordance with state
law 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1985, 69th Leg., ch. 603, § 17, eff.
Sept. 1, 1985; Acts 1999, 76th Leg., ch. 79, § 4, eff. Sept. 1,
1999.
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1985, 69th Leg., ch. 603, § 18, eff.
Sept. 1, 1985; Acts 1999, 76th Leg., ch. 79, § 4, eff. Sept. 1,
1999.
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1985, 69th Leg., ch. 603, § 19, eff.
Sept. 1, 1985; Acts 1999, 76th Leg., ch. 79, § 4, eff. Sept. 1,
1999.
§ 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.
(c) The council, at least quarterly and 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. 79, § 4, eff. Sept. 1, 1999.
§ 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, § 20, eff. Sept. 1, 1985.
§ 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.
(c) The executive director or the executive director's
designee 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, § 4, eff. Sept. 1, 1999.
§ 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.
(c) The policy statement must:
(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, § 4, eff. Sept. 1, 1999.
§ 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, 2011.
Added by Acts 1985, 69th Leg., ch. 729, § 36, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 167, § 2.20(34), eff. Sept.
1, 1987. Renumbered from § 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, § 4.10, eff. Nov. 12, 1991; Acts 1999,
76th Leg., ch. 79, § 4, eff. Sept. 1, 1999.
SUBCHAPTER C. OFFICE FOR THE PREVENTION OF DEVELOPMENTAL
DISABILITIES
§ 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.
(c) The legislature further finds that by establishing a
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, § 1, eff. Sept. 1, 1989.
§ 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;
(C) is likely to continue indefinitely;
(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, § 1, eff. Sept. 1, 1989.
§ 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.
(c) The executive director and staff of the office are
employees of the office and not employees of the Texas Department of
Mental Health and Mental Retardation.
Added by Acts 1989, 71st Leg., ch. 1209, § 1, eff. Sept. 1, 1989.
Amended by Acts 1999, 76th Leg., ch. 751, § 1, eff. Sept. 1,
1999.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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.
(c) The members serve for staggered six-year terms, with the
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, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 557, § 1, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 751, § 2, eff. Sept. 1, 1999.
§ 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, § 3, eff. Sept. 1, 1999.
§ 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.
(c) If the executive director has knowledge that a potential
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, § 3, eff. Sept. 1, 1999.
§ 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;
(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
office or the Texas Ethics Commission.
(c) A person appointed to the executive committee is
entitled to reimbursement, as provided by the General
Appropriations Act, for the travel expenses incurred in attending
the training program regardless of whether the attendance at the
program occurs before or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 751, § 3, eff. Sept. 1, 1999.
§ 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, § 3, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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.
(c) The executive director may hire staff within guidelines
established by the executive committee.
Added by Acts 1989, 71st Leg., ch. 1209, § 1, eff. Sept. 1, 1989.
§ 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, § 3, eff. Sept. 1, 1999.
§ 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.
(c) The policy statement must:
(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, § 3, eff. Sept. 1, 1999.
§ 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.
(c) A task force shall:
(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
(C) foundation support; 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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.
(c) The executive committee may not submit a legislative
appropriation request for general revenue funds.
Added by Acts 1989, 71st Leg., ch. 1209, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
