Texas 2023 - 88th Regular

Texas House Bill HB729 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 729
2	2
3	3
4	4	AN ACT
5	5	relating to the statewide intellectual and developmental
6	6	disability coordinating council.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 531, Government Code, is amended by
9	9	adding Subchapter M-2 to read as follows:
10	10	SUBCHAPTER M-2. STATEWIDE INTELLECTUAL AND DEVELOPMENTAL
11	11	DISABILITY COORDINATING COUNCIL
12	12	Sec. 531.491. DEFINITION. In this subchapter, "council"
13	13	means the statewide intellectual and developmental disability
14	14	coordinating council.
15	15	Sec. 531.492. PURPOSE. The council is established to
16	16	ensure this state develops a strategic approach for the provision
17	17	of intellectual and developmental disability services in this
18	18	state.
19	19	Sec. 531.493. COMPOSITION OF COUNCIL. (a) The council is
20	20	composed of the following members:
21	21	(1) subject to Subsection (b), one or more
22	22	representatives designated by each of the following entities:
23	23	(A) the Department of State Health Services;
24	24	(B) the Department of Family and Protective
25	25	Services;
26	26	(C) the Texas Workforce Commission;
27	27	(D) the Texas Education Agency;
28	28	(E) the Texas Center for Disability Studies at
29	29	The University of Texas at Austin;
30	30	(F) the Center on Disability and Development at
31	31	Texas A&M University;
32	32	(G) the Texas Department of Criminal Justice; and
33	33	(H) the Commission on Jail Standards; and
34	34	(2) the following members appointed by the executive
35	35	commissioner:
36	36	(A) a representative of a local intellectual and
37	37	developmental disability authority as defined by Section 531.002,
38	38	Health and Safety Code;
39	39	(B) a representative of the Governor's Committee
40	40	on People with Disabilities;
41	41	(C) a representative of the Texas Council for
42	42	Developmental Disabilities;
43	43	(D) a representative of the Arc of Texas;
44	44	(E) a representative of a managed care
45	45	organization;
46	46	(F) a provider of Medicaid long-term services and
47	47	supports;
48	48	(G) an individual or family member of an
49	49	individual with an intellectual or developmental disability
50	50	receiving home and community-based services, including under the
51	51	home and community-based services (HCS) waiver program;
52	52	(H) an individual or family member of an
53	53	individual with an intellectual or developmental disability
54	54	residing in a private intermediate care facility for individuals
55	55	with an intellectual disability licensed under Chapter 252, Health
56	56	and Safety Code;
57	57	(I) an individual or family member of an
58	58	individual with an intellectual or developmental disability
59	59	residing in a state supported living center, as defined by Section
60	60	531.002, Health and Safety Code;
61	61	(J) a representative of the commission's office
62	62	of the ombudsman;
63	63	(K) representatives of the commission, with one
64	64	representative appointed from each division of the commission with
65	65	responsibility for:
66	66	(i) Medicaid and the Children's Health
67	67	Insurance Program services;
68	68	(ii) intellectual and developmental
69	69	disability behavioral health services;
70	70	(iii) health and specialty care system
71	71	employment;
72	72	(iv) health, developmental, and
73	73	independence services; and
74	74	(v) access and eligibility services;
75	75	(L) a physician; and
76	76	(M) any additional members as the executive
77	77	commissioner determines appropriate who are recognized experts
78	78	serving individuals with intellectual and developmental
79	79	disabilities or who represent the interests of individuals with
80	80	intellectual and developmental disabilities.
81	81	(b) The executive commissioner shall determine the number
82	82	of representatives that each entity may designate under Subsection
83	83	(a)(1) to serve on the council.
84	84	(c) The council may authorize another state agency or
85	85	institution that provides specific intellectual and developmental
86	86	disability services with the use of money appropriated by this
87	87	state to designate a representative to the council.
88	88	(d) A council member serves at the pleasure of the
89	89	designating entity.
90	90	(e) Chapter 2110 does not apply to the composition of the
91	91	council.
92	92	Sec. 531.494. PRESIDING OFFICER; TERMS; VACANCY. (a) The
93	93	executive commissioner shall designate a member of the council to
94	94	serve as the presiding officer.
95	95	(b) Council members serve three-year terms.
96	96	(c) The appropriate authority shall fill a vacancy on the
97	97	council in the same manner as the original designation or
98	98	appointment.
99	99	(d) A council member designated or appointed to fill a
100	100	vacancy holds the office for the unexpired portion of the term.
101	101	Sec. 531.495. MEETINGS. The council shall meet at least once
102	102	quarterly or more frequently at the call of the presiding officer.
103	103	Sec. 531.496. DUTIES. The council:
104	104	(1) shall, in accordance with Section 531.497:
105	105	(A) develop a recurring five-year statewide
106	106	intellectual and developmental disability strategic plan and
107	107	monitor the implementation of the plan; and
108	108	(B) submit the strategic plan to the executive
109	109	commissioner and the administrative head of each agency subject to
110	110	the plan;
111	111	(2) shall develop and, not later than November 1 of
112	112	each even-numbered year, submit to the legislature a biennial
113	113	coordinated statewide intellectual and developmental disability
114	114	expenditure proposal;
115	115	(3) shall annually publish an updated inventory of
116	116	state-funded intellectual and developmental disability programs
117	117	and services that includes:
118	118	(A) a description of the manner in which those
119	119	programs and services further the purpose of the statewide
120	120	intellectual and developmental disability strategic plan; and
121	121	(B) an estimate of the number of individuals
122	122	waiting for or interested in receiving those programs and services;
123	123	and
124	124	(4) may facilitate opportunities to increase
125	125	collaboration for the effective expenditure of available federal
126	126	and state funds for intellectual and developmental disability
127	127	services in this state.
128	128	Sec. 531.497. RECURRING FIVE-YEAR STRATEGIC PLAN AND
129	129	RELATED IMPLEMENTATION PLANS. (a) Not later than March 1 of the
130	130	last state fiscal year in each five-year period covered by the most
131	131	recent strategic plan required under Section 531.496(1), the
132	132	council shall:
133	133	(1) develop a new strategic plan for the next five
134	134	state fiscal years that begins with the following fiscal year; and
135	135	(2) submit the new strategic plan to the executive
136	136	commissioner and the administrative head of each agency subject to
137	137	the strategic plan.
138	138	(b) Not later than the 90th day after receiving the
139	139	strategic plan required under Section 531.496(1), the executive
140	140	commissioner and the administrative head of each agency that is
141	141	subject to the plan shall develop and submit to the governor, the
142	142	lieutenant governor, and the legislature a plan for implementing
143	143	the recommendations applicable to the agency under the strategic
144	144	plan. An implementation plan must include a justification for any
145	145	recommendation the commission or other agency declines to
146	146	implement.
147	147	Sec. 531.498. APPLICATION OF SUNSET ACT. The council is
148	148	subject to Chapter 325 (Texas Sunset Act). The council shall be
149	149	reviewed during the period in which the commission is reviewed
150	150	under Section 531.004. Unless continued in existence as provided by
151	151	Chapter 325, the council is abolished and this subchapter expires
152	152	on the date on which the commission is subject to abolishment under
153	153	that section.
154	154	SECTION 2. (a) Not later than January 31, 2024, the
155	155	appropriate authorities shall designate or appoint, as applicable,
156	156	members to the statewide intellectual and developmental disability
157	157	coordinating council as required by Section 531.493(a), Government
158	158	Code, as added by this Act.
159	159	(b) Not later than March 1, 2024, the statewide intellectual
160	160	and developmental disability coordinating council established
161	161	under Subchapter M-2, Chapter 531, Government Code, as added by
162	162	this Act, shall hold the council's initial meeting.
163	163	(c) Not later than March 1, 2025, the statewide intellectual
164	164	and developmental disability coordinating council shall prepare
165	165	the initial strategic plan required by Section 531.496(1),
166	166	Government Code, as added by this Act.
167	167	SECTION 3. This Act takes effect immediately if it receives
168	168	a vote of two-thirds of all the members elected to each house, as
169	169	provided by Section 39, Article III, Texas Constitution. If this
170	170	Act does not receive the vote necessary for immediate effect, this
171	171	Act takes effect September 1, 2023.
172	172	______________________________ ______________________________
173	173	President of the Senate Speaker of the House
174	174	I certify that H.B. No. 729 was passed by the House on April
175	175	5, 2023, by the following vote: Yeas 108, Nays 38, 1 present, not
176	176	voting.
177	177	______________________________
178	178	Chief Clerk of the House
179	179	I certify that H.B. No. 729 was passed by the Senate on May
180	180	23, 2023, by the following vote: Yeas 28, Nays 3.
181	181	______________________________
182	182	Secretary of the Senate
183	183	APPROVED: _____________________
184	184	Date
185	185	_____________________
186	186	Governor