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 | ||
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| 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 | ||
