85R10399 KFF-D     By: Hinojosa 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.          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 THE PREVENTION OF DEVELOPMENTAL   DISABILITIES          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 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 the Prevention of   Developmental Disabilities.          Sec. 67.83 [112.043].  OFFICE FOR THE PREVENTION OF   DEVELOPMENTAL DISABILITIES[; ADMINISTRATIVE ATTACHMENT]. [(a)]     The Office for 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, including the Health   and Human Services Commission, 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;                (10)  facilitate coordination of state agency   prevention services and activities [within the commission and]   among appropriate state agencies; and                (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 board   [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 board   [executive committee].          (c)  The [executive] director may hire staff within   guidelines established by the board [executive committee].          Sec. 67.86 [112.0471].  QUALIFICATIONS AND STANDARDS OF   CONDUCT. The [executive] director or the [executive] director's   designee shall provide to members of the board [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 board [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 board [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   board [executive committee] may apply for and distribute private,   state, and federal funds to implement prevention policies set by   the board [executive committee].          (b)  The board [executive committee] shall establish   criteria for application and review of funding requests and   accountability standards for recipients. The board [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 and is   transferred to The University of Texas at Austin as a program;                (2)  the executive committee and the board of advisors   of the office are abolished;                (3)  the position of executive director of the office   is abolished, but the board of regents of The University of Texas   System 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 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   are transferred to The University of Texas at Austin;                (6)  all property, including records, in the custody of   the office becomes the property of The University of Texas at   Austin;                (7)  all funds appropriated by the legislature to the   office are transferred to The University of Texas at Austin; and                (8)  all functions and activities performed by the   office 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.