Bill Text: TX HB729 | 2023-2024 | 88th Legislature | Enrolled

---

Bill Title: Relating to the statewide intellectual and developmental disability coordinating council.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2023-06-17 - Vetoed by the Governor [HB729 Detail]

Download: Texas-2023-HB729-Enrolled.html

---

H.B. No. 729

AN ACT
relating to the statewide intellectual and developmental
disability coordinating council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 531, Government Code, is amended by
adding Subchapter M-2 to read as follows:
SUBCHAPTER M-2. STATEWIDE INTELLECTUAL AND DEVELOPMENTAL
DISABILITY COORDINATING COUNCIL
Sec. 531.491. DEFINITION. In this subchapter, "council"
means the statewide intellectual and developmental disability
coordinating council.
Sec. 531.492. PURPOSE. The council is established to
ensure this state develops a strategic approach for the provision
of intellectual and developmental disability services in this
state.
Sec. 531.493. COMPOSITION OF COUNCIL. (a) The council is
composed of the following members:
(1) subject to Subsection (b), one or more
representatives designated by each of the following entities:
(A) the Department of State Health Services;
(B) the Department of Family and Protective
Services;
(C) the Texas Workforce Commission;
(D) the Texas Education Agency;
(E) the Texas Center for Disability Studies at
The University of Texas at Austin;
(F) the Center on Disability and Development at
Texas A&M University;
(G) the Texas Department of Criminal Justice; and
(H) the Commission on Jail Standards; and
(2) the following members appointed by the executive
commissioner:
(A) a representative of a local intellectual and
developmental disability authority as defined by Section 531.002,
Health and Safety Code;
(B) a representative of the Governor's Committee
on People with Disabilities;
(C) a representative of the Texas Council for
Developmental Disabilities;
(D) a representative of the Arc of Texas;
(E) a representative of a managed care
organization;
(F) a provider of Medicaid long-term services and
supports;
(G) an individual or family member of an
individual with an intellectual or developmental disability
receiving home and community-based services, including under the
home and community-based services (HCS) waiver program;
(H) an individual or family member of an
individual with an intellectual or developmental disability
residing in a private intermediate care facility for individuals
with an intellectual disability licensed under Chapter 252, Health
and Safety Code;
(I) an individual or family member of an
individual with an intellectual or developmental disability
residing in a state supported living center, as defined by Section
531.002, Health and Safety Code;
(J) a representative of the commission's office
of the ombudsman;
(K) representatives of the commission, with one
representative appointed from each division of the commission with
responsibility for:
(i) Medicaid and the Children's Health
Insurance Program services;
(ii) intellectual and developmental
disability behavioral health services;
(iii) health and specialty care system
employment;
(iv) health, developmental, and
independence services; and
(v) access and eligibility services;
(L) a physician; and
(M) any additional members as the executive
commissioner determines appropriate who are recognized experts
serving individuals with intellectual and developmental
disabilities or who represent the interests of individuals with
intellectual and developmental disabilities.
(b) The executive commissioner shall determine the number
of representatives that each entity may designate under Subsection
(a)(1) to serve on the council.
(c) The council may authorize another state agency or
institution that provides specific intellectual and developmental
disability services with the use of money appropriated by this
state to designate a representative to the council.
(d) A council member serves at the pleasure of the
designating entity.
(e) Chapter 2110 does not apply to the composition of the
council.
Sec. 531.494. PRESIDING OFFICER; TERMS; VACANCY. (a) The
executive commissioner shall designate a member of the council to
serve as the presiding officer.
(b) Council members serve three-year terms.
(c) The appropriate authority shall fill a vacancy on the
council in the same manner as the original designation or
appointment.
(d) A council member designated or appointed to fill a
vacancy holds the office for the unexpired portion of the term.
Sec. 531.495. MEETINGS. The council shall meet at least once
quarterly or more frequently at the call of the presiding officer.
Sec. 531.496. DUTIES. The council:
(1) shall, in accordance with Section 531.497:
(A) develop a recurring five-year statewide
intellectual and developmental disability strategic plan and
monitor the implementation of the plan; and
(B) submit the strategic plan to the executive
commissioner and the administrative head of each agency subject to
the plan;
(2) shall develop and, not later than November 1 of
each even-numbered year, submit to the legislature a biennial
coordinated statewide intellectual and developmental disability
expenditure proposal;
(3) shall annually publish an updated inventory of
state-funded intellectual and developmental disability programs
and services that includes:
(A) a description of the manner in which those
programs and services further the purpose of the statewide
intellectual and developmental disability strategic plan; and
(B) an estimate of the number of individuals
waiting for or interested in receiving those programs and services;
and
(4) may facilitate opportunities to increase
collaboration for the effective expenditure of available federal
and state funds for intellectual and developmental disability
services in this state.
Sec. 531.497. RECURRING FIVE-YEAR STRATEGIC PLAN AND
RELATED IMPLEMENTATION PLANS. (a) Not later than March 1 of the
last state fiscal year in each five-year period covered by the most
recent strategic plan required under Section 531.496(1), the
council shall:
(1) develop a new strategic plan for the next five
state fiscal years that begins with the following fiscal year; and
(2) submit the new strategic plan to the executive
commissioner and the administrative head of each agency subject to
the strategic plan.
(b) Not later than the 90th day after receiving the
strategic plan required under Section 531.496(1), the executive
commissioner and the administrative head of each agency that is
subject to the plan shall develop and submit to the governor, the
lieutenant governor, and the legislature a plan for implementing
the recommendations applicable to the agency under the strategic
plan. An implementation plan must include a justification for any
recommendation the commission or other agency declines to
implement.
Sec. 531.498. APPLICATION OF SUNSET ACT. The council is
subject to Chapter 325 (Texas Sunset Act). The council shall be
reviewed during the period in which the commission is reviewed
under Section 531.004. Unless continued in existence as provided by
Chapter 325, the council is abolished and this subchapter expires
on the date on which the commission is subject to abolishment under
that section.
SECTION 2. (a) Not later than January 31, 2024, the
appropriate authorities shall designate or appoint, as applicable,
members to the statewide intellectual and developmental disability
coordinating council as required by Section 531.493(a), Government
Code, as added by this Act.
(b) Not later than March 1, 2024, the statewide intellectual
and developmental disability coordinating council established
under Subchapter M-2, Chapter 531, Government Code, as added by
this Act, shall hold the council's initial meeting.
(c) Not later than March 1, 2025, the statewide intellectual
and developmental disability coordinating council shall prepare
the initial strategic plan required by Section 531.496(1),
Government Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 729 was passed by the House on April
5, 2023, by the following vote: Yeas 108, Nays 38, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 729 was passed by the Senate on May
23, 2023, by the following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor