HBA-MPM S.B. 361 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 361
By: Lucio
Human Services
4/20/2001
Engrossed



BACKGROUND AND PURPOSE 

In 1987, the Texas Legislature established the Interagency Council on
Autism and Pervasive Developmental Disorders (council) to develop a state
plan to provide services to persons with autism or other pervasive
developmental disorders.  The council is currently composed of two public
members who are family members of a person with autism or a pervasive
development disorder and one representative each from the Texas Department
of Mental Health and Mental Retardation, Texas Department of Health, Texas
Department of Human Services, Texas Education Agency, and the Texas
Rehabilitation Commission.  The law expressly prohibits members from
receiving reimbursement for expenses and forbids the council from spending
funds for staff salaries or for implementation of the state plan.  The
limitations on spending inhibit the council's ability to  accomplish its
statutory duties.  Senate Bill 361 expands the council's spending authority
and modifies the composition of the council. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 361 amends the Human Resources Code to modify the composition
of the Interagency Council on Autism and Pervasive Developmental Disorders
(council).  The bill increases the number of public members on the council
from two to seven, and specifies that the majority rather than all of the
public members are family members of a person with autism or a pervasive
disorder.  The bill requires the governor to appoint the five new council
members as soon as possible after the effective date of this Act. 

The bill provides that agency representatives serve as ex officio members
and specifies that an ex officio member serves in an advisory capacity only
and is prohibited from serving as chairperson of the council or voting.
The bill also adds a representative from the Interagency Council on Early
Childhood Intervention as an ex officio member of the council. 

The bill entitles public members of the council to reimbursement for travel
expenses.  The bill authorizes the council to employ staff to perform
clerical duties, and requires the commissioner of the Texas Rehabilitation
Commission to determine which agency must employ clerical staff for the
council.  The bill removes the prohibition on the council spending funds to
implement the state plan to provide services to persons with autism or
other pervasive developmental disorders. 

EFFECTIVE DATE

September 1, 2001.