85R23048 KFF-D
By: Hinojosa, Minjarez, White H.B. No. 3842
Substitute the following for H.B. No. 3842:
By: Keough C.S.H.B. No. 3842
A BILL TO BE ENTITLED
AN ACT
relating to transferring the Office for the Prevention of
Developmental Disabilities to The University of Texas at Austin and
renaming the office the Office for Healthy Children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.0202(b), Government Code, is amended
to read as follows:
(b) The Department of Aging and Disability Services is
[following state agency and entity are] abolished on a date that is
within the period prescribed by Section 531.02001(2), that is
specified in the transition plan required under Section 531.0204
for the abolition of the department [state agency or entity], and
that occurs after all of the department's [state agency's or
entity's] functions have been transferred to the commission in
accordance with Sections 531.0201 and 531.02011[:
[(1) the Department of Aging and Disability Services;
and
[(2) the Office for the Prevention of Developmental
Disabilities].
SECTION 2. Chapter 67, Education Code, is amended by adding
Subchapter E, and a heading is added to that subchapter to read as
follows:
SUBCHAPTER E. OFFICE FOR HEALTHY CHILDREN
SECTION 3. Sections 112.041, 112.042, 112.043, 112.044,
112.047, 112.0471, 112.0472, 112.048, 112.049, 112.050, and
112.051, Human Resources Code, are transferred to Subchapter E,
Chapter 67, Education Code, as added by this Act, redesignated as
Sections 67.81, 67.82, 67.83, 67.84, 67.85, 67.86, 67.87, 67.88,
67.89, 67.90, and 67.91, Education Code, respectively, and amended
to read as follows:
Sec. 67.81 [112.041]. PURPOSE AND POLICY. (a) The purpose
of this subchapter [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 Healthy Children [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.
Sec. 67.82 [112.042]. DEFINITIONS. In this subchapter:
(1) ["Commission" means the Health and Human Services
Commission.
[(1-a)] "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 in a person before the [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) [(1-b) "Executive commissioner" means the
executive commissioner of the Health and Human Services Commission.
[(2) "Executive committee" means the executive
committee of the Office for the Prevention of Developmental
Disabilities.
[(3)] "Office" means the Office for Healthy Children
[the Prevention of Developmental Disabilities].
Sec. 67.83 [112.043]. OFFICE FOR HEALTHY CHILDREN [THE
PREVENTION OF DEVELOPMENTAL DISABILITIES; ADMINISTRATIVE
ATTACHMENT]. [(a)] The Office for Healthy Children [the
Prevention of Developmental Disabilities] is established under and
administered by [administratively attached to] the university
[Health and Human Services Commission].
[(b) The Health and Human Services Commission 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
commission.
[(c) The executive director and staff of the office are
employees of the office and not employees of the Health and Human
Services Commission.]
Sec. 67.84 [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 appropriate [divisions within the
commission,] 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 programs created
under Section 67.88 [112.048] addressing the prevention of specific
targeted developmental disabilities;
(8) [monitor and assess the effectiveness of divisions
within the commission and of state agencies in preventing
developmental disabilities;
[(9)] recommend the role each [division within the
commission and each] state agency should have with regard to
prevention of developmental disabilities;
(9) [(10)] facilitate coordination of state agency
prevention services and activities [within the commission and]
among appropriate state agencies; and
(10) [(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.
Sec. 67.85 [112.047]. [EXECUTIVE] DIRECTOR. (a) The
president of the university or the president's designee [executive
committee] may hire a [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
president of the university or the president's designee [executive
committee].
(c) The [executive] director may hire staff within
guidelines established by the president of the university or the
president's designee [executive committee].
Sec. 67.86 [112.0471]. QUALIFICATIONS AND STANDARDS OF
CONDUCT. The [executive] director or the [executive] director's
designee shall provide to the president of the university or the
president's designee [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.
Sec. 67.87 [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 Texas Workforce Commission
civil rights division for compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Sec. 67.88 [112.048]. PREVENTION PROGRAMS FOR TARGETED
DEVELOPMENTAL DISABILITIES. (a) The office [executive committee]
shall establish guidelines for:
(1) selecting targeted disabilities;
(2) assessing prevention services needs; and
(3) reviewing plans, budgets, and operations for
programs under this section.
(b) The office [executive committee] shall plan and
implement prevention programs for specifically targeted
developmental disabilities.
(c) A program under this section:
(1) must include a plan designed to reduce the
incidence of a specifically targeted disability;
(2) must include a budget for implementing a plan;
(3) must be funded 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) must be approved by the president of the
university or the president's designee [executive committee].
Sec. 67.89 [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 program under Section 67.88 [112.048] is reducing the
frequency or severity of a targeted developmental disability.
(b) The president of the university or the president's
designee [executive committee] shall regularly monitor and
evaluate the results of programs under Section 67.88 [112.048].
Sec. 67.90 [112.050]. GRANTS AND OTHER FUNDING. (a) The
president of the university or the president's designee [executive
committee] may apply for and distribute private, state, and federal
funds to implement prevention policies set by the president of the
university or the president's designee [executive committee].
(b) The president of the university or the president's
designee [executive committee] shall establish criteria for
application and review of funding requests and accountability
standards for recipients. The president of the university or the
president's designee [executive committee] may adjust its criteria
as necessary to meet requirements for federal funding.
(c) The board [executive committee] may not submit a
legislative appropriation request for general revenue funds for
purposes of this subchapter.
(d) In addition to funding under Subsection (a), the office
may accept and solicit gifts, donations, and grants of money from
public and private sources, including the federal government, local
governments, and private entities, to assist in financing the
duties and functions of the office. The university [commission]
shall support office fund-raising efforts authorized by this
subsection. Funds raised under this subsection are administered by
the university and may only be spent in furtherance of a duty or
function of the office or in accordance with rules applicable to the
office. The university shall maintain a separate accounting of
funds raised under this subsection.
Sec. 67.91 [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 programs under Section 67.88 [112.048] and recommending
improvements in the delivery of developmental disability
prevention services.
SECTION 4. Section 22.04(c)(3), Penal Code, is amended to
read as follows:
(3) "Disabled individual" means a person:
(A) with one or more of the following:
(i) autism spectrum disorder, as defined by
Section 1355.001, Insurance Code;
(ii) developmental disability, as defined
by Section 67.82 [112.042], Education [Human Resources] Code;
(iii) intellectual disability, as defined
by Section 591.003, Health and Safety Code;
(iv) severe emotional disturbance, as
defined by Section 261.001, Family Code; or
(v) traumatic brain injury, as defined by
Section 92.001, Health and Safety Code; or
(B) who otherwise by reason of age or physical or
mental disease, defect, or injury is substantially unable to
protect the person's self from harm or to provide food, shelter, or
medical care for the person's self.
SECTION 5. The following provisions of the Human Resources
Code are repealed:
(1) Sections 112.0421, 112.0431, 112.045, 112.0451,
112.0452, 112.0453, 112.0454, and 112.046; and
(2) the heading to Subchapter C, Chapter 112.
SECTION 6. (a) On the effective date of this Act:
(1) the Office for the Prevention of Developmental
Disabilities is abolished as an independent office, transferred to
The University of Texas at Austin as a program, and renamed the
Office for Healthy Children;
(2) the executive committee and the board of advisors
of the Office for the Prevention of Developmental Disabilities are
abolished;
(3) the position of executive director of the Office
for the Prevention of Developmental Disabilities is abolished, but
the president of The University of Texas System or the president's
designee may hire the person serving as the executive director
immediately before the effective date of this Act for a position in
the office;
(4) an employee of the Office for the Prevention of
Developmental Disabilities becomes an employee of The University of
Texas at Austin;
(5) all money, including gifts, donations, and grants
of money, contracts, leases, rights, and obligations of the Office
for the Prevention of Developmental Disabilities are transferred to
The University of Texas at Austin;
(6) all property, including records, in the custody of
the Office for the Prevention of Developmental Disabilities becomes
the property of The University of Texas at Austin;
(7) all funds appropriated by the legislature to the
Office for the Prevention of Developmental Disabilities are
transferred to The University of Texas at Austin; and
(8) all functions and activities performed by the
Office for the Prevention of Developmental Disabilities are
transferred to The University of Texas at Austin.
(b) The validity of an action taken by the Office for the
Prevention of Developmental Disabilities or the executive
committee or board of advisors of the office before the effective
date of this Act is not affected by the abolishment of the office.
(c) A rule, form, policy, procedure, or decision of the
Office for the Prevention of Developmental Disabilities or the
Health and Human Services Commission that is related to the office
is continued in effect as a rule, form, policy, procedure, or
decision of The University of Texas System until superseded by a
rule, form, policy, procedure, or decision of the system.
(d) Any action or proceeding pending before the Office for
the Prevention of Developmental Disabilities on the effective date
of this Act becomes an action or proceeding before The University of
Texas at Austin.
SECTION 7. This Act takes effect August 31, 2017.