Texas 2017 - 85th Regular

Texas Senate Bill SB1743 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1743
	1	+	By: Zaffirini S.B. No. 1743
	2	+	(Hinojosa, Minjarez, White)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to transferring the Office for the Prevention of
6	8		Developmental Disabilities to The University of Texas at Austin and
7	9		renaming the office the Office for Healthy Children.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 531.0202(b), Government Code, is amended
10	12		to read as follows:
11	13		(b) The Department of Aging and Disability Services is
12	14		[following state agency and entity are] abolished on a date that is
13	15		within the period prescribed by Section 531.02001(2), that is
14	16		specified in the transition plan required under Section 531.0204
15	17		for the abolition of the department [state agency or entity], and
16	18		that occurs after all of the department's [state agency's or
17	19		entity's] functions have been transferred to the commission in
18	20		accordance with Sections 531.0201 and 531.02011[:
19	21		[(1) the Department of Aging and Disability Services;
20	22		and
21	23		[(2) the Office for the Prevention of Developmental
22	24		Disabilities].
23	25		SECTION 2. Chapter 67, Education Code, is amended by adding
24	26		Subchapter E, and a heading is added to that subchapter to read as
25	27		follows:
26	28		SUBCHAPTER E. OFFICE FOR HEALTHY CHILDREN
27	29		SECTION 3. Sections 112.041, 112.042, 112.043, 112.044,
28	30		112.047, 112.0471, 112.0472, 112.048, 112.049, 112.050, and
29	31		112.051, Human Resources Code, are transferred to Subchapter E,
30	32		Chapter 67, Education Code, as added by this Act, redesignated as
31	33		Sections 67.81, 67.82, 67.83, 67.84, 67.85, 67.86, 67.87, 67.88,
32	34		67.89, 67.90, and 67.91, Education Code, respectively, and amended
33	35		to read as follows:
34	36		Sec. 67.81 [112.041]. PURPOSE AND POLICY. (a) The purpose
35	37		of this subchapter [Act] is to minimize the economic and human
36	38		losses in Texas caused by preventable disabilities through the
37	39		establishment of a joint private-public initiative called the
38	40		Office for Healthy Children [the Prevention of Developmental
39	41		Disabilities].
40	42		(b) The legislature finds there is a strong need for a
41	43		unified, comprehensive prevention effort in the State of Texas.
42	44		Many state agencies, as well as private organizations and local
43	45		public agencies, are involved in prevention activities that can
44	46		reduce the incidence and severity of developmental disabilities.
45	47		However, a coordinated statewide plan that identifies and
46	48		consolidates research findings and prevention activities has yet to
47	49		be developed.
48	50		(c) The legislature further finds that by establishing a
49	51		mechanism by which prevention activities can be better coordinated
50	52		and needed prevention programs can be initiated, the State of Texas
51	53		will be making an important investment in Texas's future.
52	54		Sec. 67.82 [112.042]. DEFINITIONS. In this subchapter:
53	55		(1) ["Commission" means the Health and Human Services
54	56		Commission.
55	57		[(1-a)] "Developmental disability" means a severe,
56	58		chronic disability that:
57	59		(A) is attributable to a mental or physical
58	60		impairment or to a combination of a mental and physical impairment;
59	61		(B) is manifested in a person before the [a]
60	62		person reaches the age of 22;
61	63		(C) is likely to continue indefinitely;
62	64		(D) results in substantial functional
63	65		limitations in three or more major life activities, including:
64	66		(i) self-care;
65	67		(ii) receptive and expressive language;
66	68		(iii) learning;
67	69		(iv) mobility;
68	70		(v) self-direction;
69	71		(vi) capacity for independent living; and
70	72		(vii) economic sufficiency; and
71	73		(E) reflects the person's needs for a combination
72	74		and sequence of special interdisciplinary or generic care,
73	75		treatment, or other lifelong or extended services that are
74	76		individually planned and coordinated.
75	77		(2) [(1-b) "Executive commissioner" means the
76	78		executive commissioner of the Health and Human Services Commission.
77	79		[(2) "Executive committee" means the executive
78	80		committee of the Office for the Prevention of Developmental
79	81		Disabilities.
80	82		[(3)] "Office" means the Office for Healthy Children
81	83		[the Prevention of Developmental Disabilities].
82	84		Sec. 67.83 [112.043]. OFFICE FOR HEALTHY CHILDREN [THE
83	85		PREVENTION OF DEVELOPMENTAL DISABILITIES; ADMINISTRATIVE
84	86		ATTACHMENT]. [(a)] The Office for Healthy Children [the
85	87		Prevention of Developmental Disabilities] is established under and
86	88		administered by [administratively attached to] the university
87	89		[Health and Human Services Commission].
88	90		[(b) The Health and Human Services Commission shall:
89	91		[(1) provide administrative assistance, services, and
90	92		materials to the office;
91	93		[(2) accept, deposit, and disburse money made
92	94		available to the office;
93	95		[(3) accept gifts and grants on behalf of the office
94	96		from any public or private entity;
95	97		[(4) pay the salaries and benefits of the executive
96	98		director and staff of the office;
97	99		[(5) reimburse the travel expenses and other actual
98	100		and necessary expenses of the executive committee, executive
99	101		director, and staff of the office incurred in the performance of a
100	102		function of the office, as provided by the General Appropriations
101	103		Act;
102	104		[(6) apply for and receive on behalf of the office any
103	105		appropriations, gifts, or other money from the state or federal
104	106		government or any other public or private entity, subject to
105	107		limitations and conditions prescribed by legislative
106	108		appropriation;
107	109		[(7) provide the office with adequate computer
108	110		equipment and support; and
109	111		[(8) provide the office with adequate office space and
110	112		permit the executive committee to meet in facilities of the
111	113		commission.
112	114		[(c) The executive director and staff of the office are
113	115		employees of the office and not employees of the Health and Human
114	116		Services Commission.]
115	117		Sec. 67.84 [112.044]. DUTIES. The office shall:
116	118		(1) educate the public and attempt to promote sound
117	119		public policy regarding the prevention of developmental
118	120		disabilities;
119	121		(2) identify, collect, and disseminate information
120	122		and data concerning the causes, frequency of occurrence, and
121	123		preventability of developmental disabilities;
122	124		(3) work with appropriate [divisions within the
123	125		commission,] state agencies[,] and other entities to develop a
124	126		coordinated long-range plan to effectively monitor and reduce the
125	127		incidence or severity of developmental disabilities;
126	128		(4) promote and facilitate the identification,
127	129		development, coordination, and delivery of needed prevention
128	130		services;
129	131		(5) solicit, receive, and spend grants and donations
130	132		from public, private, state, and federal sources;
131	133		(6) identify and encourage establishment of needed
132	134		reporting systems to track the causes and frequencies of occurrence
133	135		of developmental disabilities;
134	136		(7) develop, operate, and monitor programs created
135	137		under Section 67.88 [112.048] addressing the prevention of specific
136	138		targeted developmental disabilities;
137	139		(8) [monitor and assess the effectiveness of divisions
138	140		within the commission and of state agencies in preventing
139	141		developmental disabilities;
140	142		[(9)] recommend the role each [division within the
141	143		commission and each] state agency should have with regard to
142	144		prevention of developmental disabilities;
143	145		(9) [(10)] facilitate coordination of state agency
144	146		prevention services and activities [within the commission and]
145	147		among appropriate state agencies; and
146	148		(10) [(11)] encourage cooperative, comprehensive, and
147	149		complementary planning among public, private, and volunteer
148	150		individuals and organizations engaged in prevention activities,
149	151		providing prevention services, or conducting related research.
150	152		Sec. 67.85 [112.047]. [EXECUTIVE] DIRECTOR. (a) The
151	153		president of the university or the president's designee [executive
152	154		committee] may hire a [an executive] director to [serve as the chief
153	155		executive officer of the office and to] perform the administrative
154	156		duties of the office.
155	157		(b) The [executive] director serves at the will of the
156	158		president of the university or the president's designee [executive
157	159		committee].
158	160		(c) The [executive] director may hire staff within
159	161		guidelines established by the president of the university or the
160	162		president's designee [executive committee].
161	163		Sec. 67.86 [112.0471]. QUALIFICATIONS AND STANDARDS OF
162	164		CONDUCT. The [executive] director or the [executive] director's
163	165		designee shall provide to the president of the university or the
164	166		president's designee [members of the executive committee] and to
165	167		employees of the office, as often as necessary, information
166	168		regarding the requirements for office or employment under this
167	169		subchapter, including information regarding a person's
168	170		responsibilities under applicable laws relating to standards of
169	171		conduct for state officers or employees.
170	172		Sec. 67.87 [112.0472]. EQUAL EMPLOYMENT OPPORTUNITY
171	173		POLICIES. (a) The [executive] director shall prepare and maintain
172	174		a written policy statement that implements a program of equal
173	175		employment opportunity to ensure that all personnel decisions are
174	176		made without regard to race, color, disability, sex, religion, age,
175	177		or national origin.
176	178		(b) The policy statement must include:
177	179		(1) personnel policies, including policies relating
178	180		to recruitment, evaluation, selection, training, and promotion of
179	181		personnel, that show the intent of the office to avoid the unlawful
180	182		employment practices described by Chapter 21, Labor Code; and
181	183		(2) an analysis of the extent to which the composition
182	184		of the office's personnel is in accordance with state and federal
183	185		law and a description of reasonable methods to achieve compliance
184	186		with state and federal law.
185	187		(c) The policy statement must:
186	188		(1) be updated annually;
187	189		(2) be reviewed by the Texas Workforce Commission
188	190		civil rights division for compliance with Subsection (b)(1); and
189	191		(3) be filed with the governor's office.
190	192		Sec. 67.88 [112.048]. PREVENTION PROGRAMS FOR TARGETED
191	193		DEVELOPMENTAL DISABILITIES. (a) The office [executive committee]
192	194		shall establish guidelines for:
193	195		(1) selecting targeted disabilities;
194	196		(2) assessing prevention services needs; and
195	197		(3) reviewing plans, budgets, and operations for
196	198		programs under this section.
197	199		(b) The office [executive committee] shall plan and
198	200		implement prevention programs for specifically targeted
199	201		developmental disabilities.
200	202		(c) A program under this section:
201	203		(1) must include a plan designed to reduce the
202	204		incidence of a specifically targeted disability;
203	205		(2) must include a budget for implementing a plan;
204	206		(3) must be funded through:
205	207		(A) contracts for services from participating
206	208		agencies;
207	209		(B) grants and gifts from private persons and
208	210		consumer and advocacy organizations; and
209	211		(C) foundation support; and
210	212		(4) must be approved by the president of the
211	213		university or the president's designee [executive committee].
212	214		Sec. 67.89 [112.049]. EVALUATION. (a) The office shall
213	215		identify or encourage the establishment of needed statistical bases
214	216		for each targeted group against which the office can measure how
215	217		effectively a program under Section 67.88 [112.048] is reducing the
216	218		frequency or severity of a targeted developmental disability.
217	219		(b) The president of the university or the president's
218	220		designee [executive committee] shall regularly monitor and
219	221		evaluate the results of programs under Section 67.88 [112.048].
220	222		Sec. 67.90 [112.050]. GRANTS AND OTHER FUNDING. (a) The
221	223		president of the university or the president's designee [executive
222	224		committee] may apply for and distribute private, state, and federal
223	225		funds to implement prevention policies set by the president of the
224	226		university or the president's designee [executive committee].
225	227		(b) The president of the university or the president's
226	228		designee [executive committee] shall establish criteria for
227	229		application and review of funding requests and accountability
228	230		standards for recipients. The president of the university or the
229	231		president's designee [executive committee] may adjust its criteria
230	232		as necessary to meet requirements for federal funding.
231	233		(c) The board [executive committee] may not submit a
232	234		legislative appropriation request for general revenue funds for
233	235		purposes of this subchapter.
234	236		(d) In addition to funding under Subsection (a), the office
235	237		may accept and solicit gifts, donations, and grants of money from
236	238		public and private sources, including the federal government, local
237	239		governments, and private entities, to assist in financing the
238	240		duties and functions of the office. The university [commission]
239	241		shall support office fund-raising efforts authorized by this
240	242		subsection. Funds raised under this subsection are administered by
241	243		the university and may only be spent in furtherance of a duty or
242	244		function of the office or in accordance with rules applicable to the
243	245		office. The university shall maintain a separate accounting of
244	246		funds raised under this subsection.
245	247		Sec. 67.91 [112.051]. REPORTS TO LEGISLATURE. The office
246	248		shall submit by February 1 of each odd-numbered year biennial
247	249		reports to the legislature detailing findings of the office and the
248	250		results of programs under Section 67.88 [112.048] and recommending
249	251		improvements in the delivery of developmental disability
250	252		prevention services.
251	253		SECTION 4. Section 22.04(c)(3), Penal Code, is amended to
252	254		read as follows:
253	255		(3) "Disabled individual" means a person:
254	256		(A) with one or more of the following:
255	257		(i) autism spectrum disorder, as defined by
256	258		Section 1355.001, Insurance Code;
257	259		(ii) developmental disability, as defined
258	260		by Section 67.82 [112.042], Education [Human Resources] Code;
259	261		(iii) intellectual disability, as defined
260	262		by Section 591.003, Health and Safety Code;
261	263		(iv) severe emotional disturbance, as
262	264		defined by Section 261.001, Family Code; or
263	265		(v) traumatic brain injury, as defined by
264	266		Section 92.001, Health and Safety Code; or
265	267		(B) who otherwise by reason of age or physical or
266	268		mental disease, defect, or injury is substantially unable to
267	269		protect the person's self from harm or to provide food, shelter, or
268	270		medical care for the person's self.
269	271		SECTION 5. The following provisions of the Human Resources
270	272		Code are repealed:
271	273		(1) Sections 112.0421, 112.0431, 112.045, 112.0451,
272	274		112.0452, 112.0453, 112.0454, and 112.046; and
273	275		(2) the heading to Subchapter C, Chapter 112.
274	276		SECTION 6. (a) On the effective date of this Act:
275	277		(1) the Office for the Prevention of Developmental
276	278		Disabilities is abolished as an independent office, transferred to
277	279		The University of Texas at Austin as a program, and renamed the
278	280		Office for Healthy Children;
279	281		(2) the executive committee and the board of advisors
280	282		of the Office for the Prevention of Developmental Disabilities are
281	283		abolished;
282	284		(3) the position of executive director of the Office
283	285		for the Prevention of Developmental Disabilities is abolished, but
284	286		the president of The University of Texas at Austin or the
285	287		president's designee may hire the person serving as the executive
286	288		director immediately before the effective date of this Act for a
287	289		position in the office;
288	290		(4) an employee of the Office for the Prevention of
289	291		Developmental Disabilities becomes an employee of The University of
290	292		Texas at Austin;
291	293		(5) all money, including gifts, donations, and grants
292	294		of money, contracts, leases, rights, and obligations of the Office
293	295		for the Prevention of Developmental Disabilities are transferred to
294	296		The University of Texas at Austin;
295	297		(6) all property, including records, in the custody of
296	298		the Office for the Prevention of Developmental Disabilities becomes
297	299		the property of The University of Texas at Austin;
298	300		(7) all funds appropriated by the legislature to the
299	301		Office for the Prevention of Developmental Disabilities are
300	302		transferred to The University of Texas at Austin; and
301	303		(8) all functions and activities performed by the
302	304		Office for the Prevention of Developmental Disabilities are
303	305		transferred to The University of Texas at Austin.
304	306		(b) The validity of an action taken by the Office for the
305	307		Prevention of Developmental Disabilities or the executive
306	308		committee or board of advisors of the office before the effective
307	309		date of this Act is not affected by the abolishment of the office.
308	310		(c) A rule, form, policy, procedure, or decision of the
309	311		Office for the Prevention of Developmental Disabilities or the
310	312		Health and Human Services Commission that is related to the office
311	313		is continued in effect as a rule, form, policy, procedure, or
312	314		decision of The University of Texas System until superseded by a
313	315		rule, form, policy, procedure, or decision of the system.
314	316		(d) Any action or proceeding pending before the Office for
315	317		the Prevention of Developmental Disabilities on the effective date
316	318		of this Act becomes an action or proceeding before The University of
317	319		Texas at Austin.
318	320		SECTION 7. This Act takes effect August 31, 2017.
319		-	______________________________ ______________________________
320		-	President of the Senate Speaker of the House
321		-	I hereby certify that S.B. No. 1743 passed the Senate on
322		-	April 24, 2017, by the following vote: Yeas 25, Nays 5.
323		-	______________________________
324		-	Secretary of the Senate
325		-	I hereby certify that S.B. No. 1743 passed the House on
326		-	May 21, 2017, by the following vote: Yeas 85, Nays 54, two
327		-	present not voting.
328		-	______________________________
329		-	Chief Clerk of the House
330		-	Approved:
331		-	______________________________
332		-	Date
333		-	______________________________
334		-	Governor