Texas 2017 - 85th Regular

Texas House Bill HB3842 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R23048 KFF-D
2		-	By: Hinojosa, Minjarez, White H.B. No. 3842
3		-	Substitute the following for H.B. No. 3842:
4		-	By: Keough C.S.H.B. No. 3842
	1	+	85R10399 KFF-D
	2	+	By: Hinojosa H.B. No. 3842
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to transferring the Office for the Prevention of
10		-	Developmental Disabilities to The University of Texas at Austin and
11		-	renaming the office the Office for Healthy Children.
	8	+	Developmental Disabilities to The University of Texas at Austin.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Section 531.0202(b), Government Code, is amended
14	11		to read as follows:
15	12		(b) The Department of Aging and Disability Services is
16	13		[following state agency and entity are] abolished on a date that is
17	14		within the period prescribed by Section 531.02001(2), that is
18	15		specified in the transition plan required under Section 531.0204
19	16		for the abolition of the department [state agency or entity], and
20	17		that occurs after all of the department's [state agency's or
21	18		entity's] functions have been transferred to the commission in
22	19		accordance with Sections 531.0201 and 531.02011[:
23	20		[(1) the Department of Aging and Disability Services;
24	21		and
25	22		[(2) the Office for the Prevention of Developmental
26	23		Disabilities].
27	24		SECTION 2. Chapter 67, Education Code, is amended by adding
28	25		Subchapter E, and a heading is added to that subchapter to read as
29	26		follows:
30		-	SUBCHAPTER E. OFFICE FOR HEALTHY CHILDREN
	27	+	SUBCHAPTER E. OFFICE FOR THE PREVENTION OF DEVELOPMENTAL
	28	+	DISABILITIES
31	29		SECTION 3. Sections 112.041, 112.042, 112.043, 112.044,
32	30		112.047, 112.0471, 112.0472, 112.048, 112.049, 112.050, and
33	31		112.051, Human Resources Code, are transferred to Subchapter E,
34	32		Chapter 67, Education Code, as added by this Act, redesignated as
35	33		Sections 67.81, 67.82, 67.83, 67.84, 67.85, 67.86, 67.87, 67.88,
36	34		67.89, 67.90, and 67.91, Education Code, respectively, and amended
37	35		to read as follows:
38	36		Sec. 67.81 [112.041]. PURPOSE AND POLICY. (a) The purpose
39	37		of this subchapter [Act] is to minimize the economic and human
40	38		losses in Texas caused by preventable disabilities through the
41	39		establishment of a joint private-public initiative called the
42		-	Office for Healthy Children [the Prevention of Developmental
43		-	Disabilities].
	40	+	Office for the Prevention of Developmental Disabilities.
44	41		(b) The legislature finds there is a strong need for a
45	42		unified, comprehensive prevention effort in the State of Texas.
46	43		Many state agencies, as well as private organizations and local
47	44		public agencies, are involved in prevention activities that can
48	45		reduce the incidence and severity of developmental disabilities.
49	46		However, a coordinated statewide plan that identifies and
50	47		consolidates research findings and prevention activities has yet to
51	48		be developed.
52	49		(c) The legislature further finds that by establishing a
53	50		mechanism by which prevention activities can be better coordinated
54	51		and needed prevention programs can be initiated, the State of Texas
55	52		will be making an important investment in Texas's future.
56	53		Sec. 67.82 [112.042]. DEFINITIONS. In this subchapter:
57	54		(1) ["Commission" means the Health and Human Services
58	55		Commission.
59	56		[(1-a)] "Developmental disability" means a severe,
60	57		chronic disability that:
61	58		(A) is attributable to a mental or physical
62	59		impairment or to a combination of a mental and physical impairment;
63	60		(B) is manifested in a person before the [a]
64	61		person reaches the age of 22;
65	62		(C) is likely to continue indefinitely;
66	63		(D) results in substantial functional
67	64		limitations in three or more major life activities, including:
68	65		(i) self-care;
69	66		(ii) receptive and expressive language;
70	67		(iii) learning;
71	68		(iv) mobility;
72	69		(v) self-direction;
73	70		(vi) capacity for independent living; and
74	71		(vii) economic sufficiency; and
75	72		(E) reflects the person's needs for a combination
76	73		and sequence of special interdisciplinary or generic care,
77	74		treatment, or other lifelong or extended services that are
78	75		individually planned and coordinated.
79	76		(2) [(1-b) "Executive commissioner" means the
80	77		executive commissioner of the Health and Human Services Commission.
81	78		[(2) "Executive committee" means the executive
82	79		committee of the Office for the Prevention of Developmental
83	80		Disabilities.
84		-	[(3)] "Office" means the Office for Healthy Children
85		-	[the Prevention of Developmental Disabilities].
86		-	Sec. 67.83 [112.043]. OFFICE FOR HEALTHY CHILDREN [THE
87		-	PREVENTION OF DEVELOPMENTAL DISABILITIES; ADMINISTRATIVE
88		-	ATTACHMENT]. [(a)] The Office for Healthy Children [the
89		-	Prevention of Developmental Disabilities] is established under and
90		-	administered by [administratively attached to] the university
91		-	[Health and Human Services Commission].
	81	+	[(3)] "Office" means the Office for the Prevention of
	82	+	Developmental Disabilities.
	83	+	Sec. 67.83 [112.043]. OFFICE FOR THE PREVENTION OF
	84	+	DEVELOPMENTAL DISABILITIES[; ADMINISTRATIVE ATTACHMENT]. [(a)]
	85	+	The Office for the Prevention of Developmental Disabilities is
	86	+	established under and administered by [administratively attached
	87	+	to] the university [Health and Human Services Commission].
92	88		[(b) The Health and Human Services Commission shall:
93	89		[(1) provide administrative assistance, services, and
94	90		materials to the office;
95	91		[(2) accept, deposit, and disburse money made
96	92		available to the office;
97	93		[(3) accept gifts and grants on behalf of the office
98	94		from any public or private entity;
99	95		[(4) pay the salaries and benefits of the executive
100	96		director and staff of the office;
101	97		[(5) reimburse the travel expenses and other actual
102	98		and necessary expenses of the executive committee, executive
103	99		director, and staff of the office incurred in the performance of a
104	100		function of the office, as provided by the General Appropriations
105	101		Act;
106	102		[(6) apply for and receive on behalf of the office any
107	103		appropriations, gifts, or other money from the state or federal
108	104		government or any other public or private entity, subject to
109	105		limitations and conditions prescribed by legislative
110	106		appropriation;
111	107		[(7) provide the office with adequate computer
112	108		equipment and support; and
113	109		[(8) provide the office with adequate office space and
114	110		permit the executive committee to meet in facilities of the
115	111		commission.
116	112		[(c) The executive director and staff of the office are
117	113		employees of the office and not employees of the Health and Human
118	114		Services Commission.]
119	115		Sec. 67.84 [112.044]. DUTIES. The office shall:
120	116		(1) educate the public and attempt to promote sound
121	117		public policy regarding the prevention of developmental
122	118		disabilities;
123	119		(2) identify, collect, and disseminate information
124	120		and data concerning the causes, frequency of occurrence, and
125	121		preventability of developmental disabilities;
126	122		(3) work with appropriate [divisions within the
127	123		commission,] state agencies[,] and other entities to develop a
128	124		coordinated long-range plan to effectively monitor and reduce the
129	125		incidence or severity of developmental disabilities;
130	126		(4) promote and facilitate the identification,
131	127		development, coordination, and delivery of needed prevention
132	128		services;
133	129		(5) solicit, receive, and spend grants and donations
134	130		from public, private, state, and federal sources;
135	131		(6) identify and encourage establishment of needed
136	132		reporting systems to track the causes and frequencies of occurrence
137	133		of developmental disabilities;
138	134		(7) develop, operate, and monitor programs created
139	135		under Section 67.88 [112.048] addressing the prevention of specific
140	136		targeted developmental disabilities;
141		-	(8) [monitor and assess the effectiveness of divisions
142		-	within the commission and of state agencies in preventing
143		-	developmental disabilities;
144		-	[(9)] recommend the role each [division within the
	137	+	(8) monitor and assess the effectiveness of [divisions
	138	+	within the commission and of] state agencies, including the Health
	139	+	and Human Services Commission, in preventing developmental
	140	+	disabilities;
	141	+	(9) recommend the role each [division within the
145	142		commission and each] state agency should have with regard to
146	143		prevention of developmental disabilities;
147		-	~~(9) [~~(10)] facilitate coordination of state agency
	144	+	(10) facilitate coordination of state agency
148	145		prevention services and activities [within the commission and]
149	146		among appropriate state agencies; and
150		-	~~(10) [~~(11)] encourage cooperative, comprehensive, and
	147	+	(11) encourage cooperative, comprehensive, and
151	148		complementary planning among public, private, and volunteer
152	149		individuals and organizations engaged in prevention activities,
153	150		providing prevention services, or conducting related research.
154		-	Sec. 67.85 [112.047]. [EXECUTIVE] DIRECTOR. (a) The
155		-	president of the university or the president's designee [executive
156		-	committee] may hire a [an executive] director to [serve as the chief
157		-	executive officer of the office and to] perform the administrative
158		-	duties of the office.
159		-	(b) The [executive] director serves at the will of the
160		-	president of the university or the president's designee [executive
161		-	committee].
	151	+	Sec. 67.85 [112.047]. [EXECUTIVE] DIRECTOR. (a) The board
	152	+	[executive committee] may hire a [an executive] director to serve
	153	+	as the chief executive officer of the office and to perform the
	154	+	administrative duties of the office.
	155	+	(b) The [executive] director serves at the will of the board
	156	+	[executive committee].
162	157		(c) The [executive] director may hire staff within
163		-	guidelines established by the president of the university or the
164		-	president's designee [executive committee].
	158	+	guidelines established by the board [executive committee].
165	159		Sec. 67.86 [112.0471]. QUALIFICATIONS AND STANDARDS OF
166	160		CONDUCT. The [executive] director or the [executive] director's
167		-	designee shall provide to the president of the university or the
168		-	president's designee [members of the executive committee] and to
169		-	employees of the office, as often as necessary, information
170		-	regarding the requirements for office or employment under this
171		-	subchapter, including information regarding a person's
	161	+	designee shall provide to members of the board [executive
	162	+	committee] and to employees of the office, as often as necessary,
	163	+	information regarding the requirements for office or employment
	164	+	under this subchapter, including information regarding a person's
172	165		responsibilities under applicable laws relating to standards of
173	166		conduct for state officers or employees.
174	167		Sec. 67.87 [112.0472]. EQUAL EMPLOYMENT OPPORTUNITY
175	168		POLICIES. (a) The [executive] director shall prepare and maintain
176	169		a written policy statement that implements a program of equal
177	170		employment opportunity to ensure that all personnel decisions are
178	171		made without regard to race, color, disability, sex, religion, age,
179	172		or national origin.
180	173		(b) The policy statement must include:
181	174		(1) personnel policies, including policies relating
182	175		to recruitment, evaluation, selection, training, and promotion of
183	176		personnel, that show the intent of the office to avoid the unlawful
184	177		employment practices described by Chapter 21, Labor Code; and
185	178		(2) an analysis of the extent to which the composition
186	179		of the office's personnel is in accordance with state and federal
187	180		law and a description of reasonable methods to achieve compliance
188	181		with state and federal law.
189	182		(c) The policy statement must:
190	183		(1) be updated annually;
191	184		(2) be reviewed by the Texas Workforce Commission
192	185		civil rights division for compliance with Subsection (b)(1); and
193	186		(3) be filed with the governor's office.
194	187		Sec. 67.88 [112.048]. PREVENTION PROGRAMS FOR TARGETED
195	188		DEVELOPMENTAL DISABILITIES. (a) The office [executive committee]
196	189		shall establish guidelines for:
197	190		(1) selecting targeted disabilities;
198	191		(2) assessing prevention services needs; and
199	192		(3) reviewing plans, budgets, and operations for
200	193		programs under this section.
201	194		(b) The office [executive committee] shall plan and
202	195		implement prevention programs for specifically targeted
203	196		developmental disabilities.
204	197		(c) A program under this section:
205	198		(1) must include a plan designed to reduce the
206	199		incidence of a specifically targeted disability;
207	200		(2) must include a budget for implementing a plan;
208	201		(3) must be funded through:
209	202		(A) contracts for services from participating
210	203		agencies;
211	204		(B) grants and gifts from private persons and
212	205		consumer and advocacy organizations; and
213	206		(C) foundation support; and
214		-	(4) must be approved by the ~~president of the~~
215		-	~~university or the president's designee [executive~~ committee].
	207	+	(4) must be approved by the board [executive
	208	+	committee].
216	209		Sec. 67.89 [112.049]. EVALUATION. (a) The office shall
217	210		identify or encourage the establishment of needed statistical bases
218	211		for each targeted group against which the office can measure how
219	212		effectively a program under Section 67.88 [112.048] is reducing the
220	213		frequency or severity of a targeted developmental disability.
221		-	(b) The president of the university or the president's
222		-	designee [executive committee] shall regularly monitor and
223		-	evaluate the results of programs under Section 67.88 [112.048].
	214	+	(b) The board [executive committee] shall regularly monitor
	215	+	and evaluate the results of programs under Section 67.88 [112.048].
224	216		Sec. 67.90 [112.050]. GRANTS AND OTHER FUNDING. (a) The
225		-	president of the university or the president's designee [executive
226		-	committee] may apply for and distribute private, state, and federal
227		-	funds to implement prevention policies set by the president of the
228		-	university or the president's designee [executive committee].
229		-	(b) The president of the university or the president's
230		-	designee [executive committee] shall establish criteria for
231		-	application and review of funding requests and accountability
232		-	standards for recipients. The president of the university or the
233		-	president's designee [executive committee] may adjust its criteria
234		-	as necessary to meet requirements for federal funding.
	217	+	board [executive committee] may apply for and distribute private,
	218	+	state, and federal funds to implement prevention policies set by
	219	+	the board [executive committee].
	220	+	(b) The board [executive committee] shall establish
	221	+	criteria for application and review of funding requests and
	222	+	accountability standards for recipients. The board [executive
	223	+	committee] may adjust its criteria as necessary to meet
	224	+	requirements for federal funding.
235	225		(c) The board [executive committee] may not submit a
236	226		legislative appropriation request for general revenue funds for
237	227		purposes of this subchapter.
238	228		(d) In addition to funding under Subsection (a), the office
239	229		may accept and solicit gifts, donations, and grants of money from
240	230		public and private sources, including the federal government, local
241	231		governments, and private entities, to assist in financing the
242	232		duties and functions of the office. The university [commission]
243	233		shall support office fund-raising efforts authorized by this
244	234		subsection. Funds raised under this subsection are administered by
245	235		the university and may only be spent in furtherance of a duty or
246	236		function of the office or in accordance with rules applicable to the
247	237		office. The university shall maintain a separate accounting of
248	238		funds raised under this subsection.
249	239		Sec. 67.91 [112.051]. REPORTS TO LEGISLATURE. The office
250	240		shall submit by February 1 of each odd-numbered year biennial
251	241		reports to the legislature detailing findings of the office and the
252	242		results of programs under Section 67.88 [112.048] and recommending
253	243		improvements in the delivery of developmental disability
254	244		prevention services.
255	245		SECTION 4. Section 22.04(c)(3), Penal Code, is amended to
256	246		read as follows:
257	247		(3) "Disabled individual" means a person:
258	248		(A) with one or more of the following:
259	249		(i) autism spectrum disorder, as defined by
260	250		Section 1355.001, Insurance Code;
261	251		(ii) developmental disability, as defined
262	252		by Section 67.82 [112.042], Education [Human Resources] Code;
263	253		(iii) intellectual disability, as defined
264	254		by Section 591.003, Health and Safety Code;
265	255		(iv) severe emotional disturbance, as
266	256		defined by Section 261.001, Family Code; or
267	257		(v) traumatic brain injury, as defined by
268	258		Section 92.001, Health and Safety Code; or
269	259		(B) who otherwise by reason of age or physical or
270	260		mental disease, defect, or injury is substantially unable to
271	261		protect the person's self from harm or to provide food, shelter, or
272	262		medical care for the person's self.
273	263		SECTION 5. The following provisions of the Human Resources
274	264		Code are repealed:
275	265		(1) Sections 112.0421, 112.0431, 112.045, 112.0451,
276	266		112.0452, 112.0453, 112.0454, and 112.046; and
277	267		(2) the heading to Subchapter C, Chapter 112.
278	268		SECTION 6. (a) On the effective date of this Act:
279	269		(1) the Office for the Prevention of Developmental
280		-	Disabilities is abolished as an independent office, transferred to
281		-	The University of Texas at Austin as a program, and renamed the
282		-	Office for Healthy Children;
	270	+	Disabilities is abolished as an independent office and is
	271	+	transferred to The University of Texas at Austin as a program;
283	272		(2) the executive committee and the board of advisors
284		-	of the Office for the Prevention of Developmental Disabilities are
285		-	abolished;
	273	+	of the office are abolished;
286	274		(3) the position of executive director of the office
287		-	for the Prevention of Developmental Disabilities is abolished, but
288		-	the president of The University of Texas System or the president's
289		-	designee may hire the person serving as the executive director
	275	+	is abolished, but the board of regents of The University of Texas
	276	+	System may hire the person serving as the executive director
290	277		immediately before the effective date of this Act for a position in
291	278		the office;
292		-	(4) an employee of the Office for the Prevention of
293		-	Developmental Disabilities becomes an employee of The University of
294		-	Texas at Austin;
	279	+	(4) an employee of the office becomes an employee of
	280	+	The University of Texas at Austin;
295	281		(5) all money, including gifts, donations, and grants
296	282		of money, contracts, leases, rights, and obligations of the office
297		-	for the Prevention of Developmental Disabilities are transferred to
298		-	The University of Texas at Austin;
	283	+	are transferred to The University of Texas at Austin;
299	284		(6) all property, including records, in the custody of
300		-	the Office ~~for~~ the ~~Prevention~~ of ~~Developmental Disabilities becomes~~
301		-	~~the property of The University of Texas at~~ Austin;
	285	+	the office becomes the property of The University of Texas at
	286	+	Austin;
302	287		(7) all funds appropriated by the legislature to the
303		-	Office for the Prevention of Developmental Disabilities are
304		-	transferred to The University of Texas at Austin; and
	288	+	office are transferred to The University of Texas at Austin; and
305	289		(8) all functions and activities performed by the
306		-	Office for the Prevention of Developmental Disabilities are
307		-	transferred to The University of Texas at Austin.
	290	+	office are transferred to The University of Texas at Austin.
308	291		(b) The validity of an action taken by the Office for the
309	292		Prevention of Developmental Disabilities or the executive
310	293		committee or board of advisors of the office before the effective
311	294		date of this Act is not affected by the abolishment of the office.
312	295		(c) A rule, form, policy, procedure, or decision of the
313	296		Office for the Prevention of Developmental Disabilities or the
314	297		Health and Human Services Commission that is related to the office
315	298		is continued in effect as a rule, form, policy, procedure, or
316	299		decision of The University of Texas System until superseded by a
317	300		rule, form, policy, procedure, or decision of the system.
318	301		(d) Any action or proceeding pending before the Office for
319	302		the Prevention of Developmental Disabilities on the effective date
320	303		of this Act becomes an action or proceeding before The University of
321	304		Texas at Austin.
322	305		SECTION 7. This Act takes effect August 31, 2017.