82R4773 AJZ-F By: Dukes H.B. No. 945 A BILL TO BE ENTITLED AN ACT relating to the establishment of an interagency council for addressing disproportionality. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Title 1, Human Resources Code, is amended by adding Chapter 2 to read as follows: CHAPTER 2. INTERAGENCY COUNCIL FOR ADDRESSING DISPROPORTIONALITY Sec. 2.001. INTERAGENCY COUNCIL FOR ADDRESSING DISPROPORTIONALITY. The Interagency Council for Addressing Disproportionality is established to: (1) examine the level of disproportionate involvement of children who are members of a racial or ethnic minority group at each stage in the juvenile justice, child welfare, education, and mental health systems, including: (A) the points of entry; (B) each point at which a treatment decision is made; and (C) the outcomes for the children exiting the systems; and (2) make recommendations to reduce the involvement of the children in the systems. Sec. 2.002. COMPOSITION OF COUNCIL; MEETINGS. (a) The council consists of: (1) one representative from each of the following agencies appointed by the executive director or commissioner of each agency: (A) the Texas Education Agency; (B) the Center for Elimination of Disproportionality and Disparities within the Health and Human Services Commission; (C) the Department of Assistive and Rehabilitative Services; (D) the Department of Aging and Disability Services; (E) the Department of State Health Services; (F) the Department of Family and Protective Services; (G) the Texas Youth Commission; and (H) the Texas Juvenile Probation Commission; and (2) one representative of the office of the attorney general appointed by the attorney general. (b) A representative of an agency appointed to the council must have an overall understanding of the agency's mission and purpose and substantial experience and expertise relating to the administration of the agency's policies, programs, and activities. (c) The representative from the Center for Elimination of Disproportionality and Disparities within the Health and Human Services Commission serves as the presiding officer of the council. (d) The council shall meet at least quarterly. Sec. 2.003. COUNCIL DUTIES. The council's duties include: (1) reviewing the delivery of public and private child welfare, juvenile justice, mental health, and education services to evaluate the disproportionate rates of use of the services by children who are members of a racial or ethnic minority group; (2) reviewing federal, state, and local funds appropriated to address the disproportionate use of children's services by children who are members of a racial or ethnic minority group; (3) reviewing current best practice standards addressing the disproportionate use of children's services by children who are members of a racial or ethnic minority group; (4) examining the qualifications and training of children's service providers and making recommendations for training curriculum and other necessary changes; (5) recommending methods to improve use of available public and private funds to address the disproportionate use of children's services by children who are members of a racial or ethnic minority group; (6) providing information concerning identified unmet children's service needs and providing recommendations concerning the development of resources to meet the identified needs; (7) examining outcomes for children who are members of a racial or ethnic minority group who have exited or will exit the public and private child welfare, juvenile justice, mental health, and education systems; (8) recommending administrative and legislative actions related to appropriate programs and services to reduce and eliminate disparities in the systems and improve the long-term outcomes for children who are members of a racial or ethnic minority group who are served by the systems; and (9) preparing a report consisting of the council's findings and recommendations, and the presentation of an implementation plan to address disproportionate representation of children who are members of a racial or ethnic minority group in the use of children's services. Sec. 2.004. COUNCIL REPORT. Not later than December 1, 2012, the council shall prepare and submit to the lieutenant governor, the speaker of the house of representatives, and the legislature a report containing the council's findings and recommendations for addressing the disproportionate representation of children who are members of a racial or ethnic minority group in the use of children's services and the council's recommendation as to whether to continue the council. Sec. 2.005. EXPIRATION OF CHAPTER. This chapter expires December 1, 2013. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.