HBA-NLM C.S.H.B. 1610 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1610 By: McCall Human Services 3/22/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE The Texas Planning Council for Developmental Disabilities (council) is funded through the federal Developmental Disabilities Act. Created in 1971, the council exists to advocate for individuals with developmental disabilities, and initiates most of its activities through grants to state and local organizations. Other activities of the council include developing a state plan, sponsoring training for individuals with disabilities and their family members, and educating the public and policymakers about disability issues. The council is subject to the Texas Sunset Act and will be abolished on September 1, 1999, unless continued in existence by the legislature. C.S.H.B. 1610 continues the existence of the council for a 12-year period and makes statutory modifications recommended by the Sunset Advisory Commission. This bill updates the council's statute to conform to current federal law and clarifies the relationship between the council and the Texas Rehabilitation Commission. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Council for Developmental Disabilities in SECTION 4 (Section 112.020, Human Resources Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 112.001, Human Resources Code, as follows: Sec. 112.001. DEFINITIONS. Defines "council" to mean the Texas Council for Developmental Disabilities. Provides a definition for "designated state agency," rather than "administering agency," to mean 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. Redefines "applicable federal developmental disability laws" to refer to the various Acts of congress providing for assistance and services to persons with developmental disabilities, rather than the developmentally disabled, and codified as Section 6000 et seq. (Findings, Purposes, and Policy), 42 U.S.C. Deletes existing definition of "administering agency." Deletes references to Chapter 75, U.S.C.A. Deletes the definition of "facility for persons with developmental disabilities." SECTION 2. Amends Section 112.014(a), Human Resources Code, to delete the provision stipulating that a position on the Texas Council for Developmental Disabilities (council) becomes vacant after a member misses three consecutive regular or special council meetings. Makes nonsubstantive changes. SECTION 3. Amends Subchapter B, Chapter 112, Human Resources Code, as follows: SUBCHAPTER B. New title: TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES SECTION 4. Amends Subchapter B, Chapter 112, Human Resources Code, by amending Sections 112.011, 112.012, 112.015, 112.018, 112.019, 112.020, and 112.023, and by adding Sections 112.0111, 112.0161, 112.0162, 112.0163, 112.0201, 112.022, and 112.0221, as follows: Sec. 112.011. ESTABLISHMENT. Establishes the council. Sec. 112.0111. DEFINITION. Defines "executive director" for the purposes of this subchapter. Sec. 112.012. MEMBERS. Adds standard Sunset language that requires appointments to the council be made without regard to race, color, sex, religion, age, or national origin. Requires appointments to the council be made without regard to the disability of appointees, except as required by federal law. Sec. 112.015. EXPENSES. Provides that council members appointed under Section 112.012 (Members), rather than Section 112.012(c) or (d) of this code, serve without salary and are entitled to reimbursement for actual expenses described by this section. Makes a nonsubstantive change. Sec. 112.0161. CONFLICTS OF INTEREST. Defines "Texas trade association." Adds standard Sunset language that prohibits council board members or their spouses and exempt employees or their spouses from being an officer or employee of a related Texas trade association. Prohibits registered lobbyists from serving as a member of the council or from being employed as the council's general counsel, unless otherwise required by federal law. Sec. 112.0162. REMOVAL OF COUNCIL MEMBER. Adds standard Sunset language to specify the grounds for removing a council member and requires notification of the council's presiding officer, the governor, and the attorney general if knowledge that a potential ground for removal exists. Provides that an action of the council is valid if it is taken when a ground for removal exists for one of the members. Sec. 112.0163. COUNCIL MEMBER TRAINING. Adds standard Sunset language to require members of the council to complete training before assuming their duties, as described by this section. Sec. 112.018. New title: DESIGNATED STATE AGENCY. (a) Specifies that the purpose of the designated state agency is to provide administrative support to the council and receive federal and state funds appropriated for the council, rather than developmental disabilities program established by this chapter and federal law. Deletes the requirement for the council to administer appropriated federal and state funds. Provides for the selection of the designated state agency by the governor from these options: (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 to persons with developmental disabilities and was designated before June 30, 1994, and the governor has not changed the designation; (4) a state office, including the office of governor; or (5) a state planning office. (b) Requires the designated state agency, rather than the administering agency, to receive, deposit, and disburse funds for the council, rather than for the developmental disabilities program, in accordance with this chapter, applicable federal developmental disability laws and the purposes set forth under Section 112.019. Makes nonsubstantive changes. (c) Requires the designated state agency, in accordance with state law and procedures, to provide fiscal control and fund-accounting procedures necessary to assure the proper disbursement of and accounting for funds, rather than grants, available to the council. Deletes the requirement that the administering agency be involved in the awarding of grants to avoid a conflict of interest. Makes a conforming change. (d) Requires the council to enter into a memorandum of understanding with the designated state agency that delineates the roles and responsibilities of the designated state agency. Deletes existing provisions regarding the requirements of the administrating agency to provide staff, set aside funds, and negotiate a written management agreement with the council. (e) Limits the rulemaking authority of the designated state agency as necessary to implement its duties under state and federal law. Makes conforming and nonsubstantive changes. (f) Prohibits a designated state agency from assigning duties to staff of the council unless the council is serving as the designated state agency. Sec. 112.019. STATE PLAN FOR DEVELOPMENTAL DISABILITIES. Requires the council to consult with the designated state agency solely to ensure that the plan is consistent with state and federal law. Deletes the requirement for the council to jointly develop the state plan with the designated agency to avoid a conflict of interest. Makes nonsubstantive changes. Sec. 112.020. ADDITIONAL COUNCIL POWERS AND DUTIES. Adds standard Sunset language to require the council to clearly separate its policymaking responsibilities from the management responsibilities of the executive director and staff of the council, in addition to powers and duties derived by the council from applicable federal developmental disability laws or other provisions of this chapter. Adds standard Sunset language to provide for public testimony at council meetings. Authorizes the council to: (1) adopt rules as necessary to implement its duties and responsibilities under state and federal law; (2) approve and execute an annual budget for council activities under state and federal law; (3) contract with or provide grants to agencies, organizations, or individuals as necessary to implement council activities under state law. Makes conforming and nonsubstantive changes. Sec. 112.0201. COMPLAINTS. Adds standard Sunset language to require the council to maintain information on written complaints filed with the council. Requires the council to notify the parties regarding the council's policies and procedures for complaint investigation. Requires the council to notify the parties regarding the status of the complaint quarterly until disposition. Sec. 112.022. EXECUTIVE DIRECTOR. Requires the council to hire an executive director to carry out the policies and activities established by the council, in accordance with Section 6024(c) (Council Responsibilities), 42 U.S.C., and its subsequent amendments. Requires the executive director to hire and supervise necessary staff responsible solely for carrying out council activities. Adds standard Sunset language to require that information on standards of conduct be provided to members and employees of the council. Sec. 112.0221. EQUAL EMPLOYMENT OPPORTUNITY POLICY. Adds standard Sunset language to require the executive director or designee to develop an equal employment opportunity policy that is updated, reviewed by the Texas Commission on Human Rights, and filed with the governor's office. Sec. 112.023. SUNSET PROVISION. Establishes that the council expires on September 1, 2011, rather than on September 1, 1999. SECTION 5. Amends Section 614.002(c), Health and Safety Code, to make a conforming change. SECTION 6. (a) Provides that notwithstanding the options available under Section 112.018(a), Human Resources Code, as amended by this Act, the legislature recommends to the governor that the governor change the designation of the designated state agency under Section 112.018, Human Resources Code, as amended by this Act, to the Health and Human Services Commission (commission) if the governor determines the commission meets the criteria of Section 112.018(a)(2), Human Resources Code, as amended by this Act. (b) Provides that the legislature recommends to the governor that the governor designate another state agency that does satisfy the criteria to serve as the designated state agency, if the governor determines the commission does not meet the criteria of Section 112.018(a)(2), Human Resources Code, as amended by this Act. (c) Requires the change in the designation of the designated state agency under Section 112.018, Human Resources Code, as amended by this Act, that is made after a change in designation as recommended by the legislature under this section be made in accordance with the law as it exists on the date on which the change is made. (d) Requires the governor to submit to the presiding officers of the Senate Human Services Committee and the House Human Services Committee a report stating the reason the governor did not implement the recommended change, if the governor does not change the designation of the designated state agency under Section 112.018, Human Resources Code, as amended by this Act, to the commission as recommended by the legislature under this section. SECTION 7. Includes a provision relating to the change of the name of the council and sets forth procedures relating to the display of the name, validation of a procedure or other action taken by the authority of the council before the change of its name, and availability of any appropriation made to the council under its name as changed by this Act. SECTION 8. Provides that on the effective date of this Act, a rule previously adopted by the Texas Rehabilitation Commission, other than a rule relating to the implementation of the responsibilities of the commission, becomes a rule of the council and remains in effect until amended or repealed by the council. SECTION 9. Requires the designated state agency and the council to enter into a memorandum of understanding as soon as practicable, and states that the management agreement previously required terminates on the date the memorandum of understanding is executed. Makes a conforming change. SECTION 10. (a) Effective date: September 1, 1999. (b) Provides that the changes in law made by this Act in the prohibitions applying to members of the council do not affect the entitlement of a member serving on the council immediately before September 1, 1999. Makes application of this Act prospective. SECTION 11. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1610 modifies the original in the caption to provide for the change of name. C.S.H.B. 1610 modifies the original in SECTION 1 (Section 112.001, Human Resources Code) by defining "council" to mean the Texas Council for Developmental Disabilities, rather than the Texas Planning Council for Developmental Disabilities. C.S.H.B. 1610 modifies the subchapter heading in SECTION 3 to make a conforming change. C.S.H.B. 1610 modifies the original by redesignating SECTION 3 to SECTION 4 in the substitute and modifies redesignated SECTION 4 (Section 112.011, Human Resources Code) to make a conforming change. C.S.H.B. 1610 modifies the original in SECTION 4 (Section 112.020, Human Resources Code) to make a conforming change. C.S.H.B. 1610 modifies the original by adding a new SECTION 5 amending Section 614.002(c), Health and Safety Code, to make a conforming change. C.S.H.B. 1610 modifies the original by adding a new SECTION 6 recommending that the governor change the designation of the designated state agency to the Health and Human Services Commission by October 1, 1999, and that the governor designate another state agency if the commission does not meet the criteria set forth under Section 112.018, Human Resources Code, as amended by this Act. This bill requires that a change in designation be made in accordance with the law. This bill requires the governor to submit a report to the Senate Human Services Committee and the House Human Services Committee stating the reason the governor did not implement the recommended change, if applicable. C.S.H.B. 1610 modifies the original by adding a new SECTION 7 by including a provision relating to the change of the name of the council and sets forth procedures relating to the display of the name, validation of a procedure or other action taken by the authority of the council before the change of its name, and availability of any appropriation made to the council under its name as changed by this Act. C.S.H.B. 1610 modifies the original by redesignating SECTIONS 4-7 to 8-11.