New Disability Council’s First Plan Not Due Until 2029

The text as introduced · 1,675 words

90R1804 RAL-D

By: Rose
H.B. No. 1015

A BILL TO BE ENTITLED

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. Subtitle I, Title 4, Government Code, is amended

by adding Chapter 547B to read as follows:

CHAPTER 547B. STATEWIDE INTELLECTUAL AND DEVELOPMENTAL DISABILITY

COORDINATING COUNCIL

Sec. 547B.001. DEFINITION. In this chapter, "council"

means the statewide intellectual and developmental disability

coordinating council.

Sec. 547B.002. PURPOSES. The council is established to:

(1) support state agency coordination and

collaboration regarding services and supports for individuals with

an intellectual or developmental disability residing in this state

and to develop, implement, and maintain a strategic plan for that

purpose;

(2) enhance the quality of life for individuals with

an intellectual or developmental disability by promoting

cross-agency collaboration, reducing fragmentation of services,

improving system navigation, and identifying and addressing

service gaps as individuals transition across agencies and through

life stages; and

(3) ensure agencies align resources and strategies to

serve individuals with an intellectual or developmental

disability.

Sec. 547B.003. 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;

(H) the Commission on Jail Standards; and

(I) the advisory council on postsecondary

education for persons with intellectual and developmental

disabilities established under Section 61.06641, Education Code;

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 child health plan

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;

(M) a representative of an institution of higher

education, as defined by Section 61.003, Education Code, that

educates or trains individuals who are part of the workforce that

serves individuals with an intellectual or developmental

disability;

(N) a representative with expertise in providing

services to individuals with a co-occurring intellectual or

developmental disability and a mental health condition;

(O) a representative with expertise in providing

to individuals with an intellectual or developmental disability

services under the Texas home living (TxHmL) or home and

community-based services (HCS) waiver program or in an intermediate

care facility licensed under Chapter 252, Health and Safety Code;

and

(P) any additional members as the executive

commissioner determines appropriate who are recognized experts

serving individuals with an intellectual or developmental

disability or who represent the interests of individuals with an

intellectual or developmental disability.

(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. 547B.004. 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. 547B.005. MEETINGS. The council shall meet at least

once quarterly or more frequently at the call of the presiding

officer.

Sec. 547B.006. DUTIES. The council:

(1) shall, in accordance with Section 547B.007:

(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;

(4) shall annually identify and evaluate state and

federal funding sources available to provide services for

individuals with an intellectual or developmental disability; and

(5) 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. 547B.007. 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 547B.006(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) The new strategic plan the council develops under

Subsection (a)(1) may:

(1) identify key transition points at which

individuals with an intellectual or developmental disability may

experience service gaps between state agencies or programs;

(2) study and make recommendations to improve system

interoperability and data sharing between state agencies serving

individuals with an intellectual or developmental disability;

(3) identify and promote best practices for

cross-agency coordination at key life transition points, including

from early childhood to school age, school to adulthood, and other

aging-related transitions;

(4) review and make recommendations regarding the

development, training, and retention of individuals who are part of

the state agency and service workforce that serves individuals with

an intellectual or developmental disability;

(5) evaluate and make recommendations to address the

specific needs of individuals with a co-occurring intellectual or

developmental disability and a mental health condition;

(6) examine systems of care for individuals with an

intellectual or developmental disability and include in the plan

strategies to improve the coordination of publicly funded services

and supports throughout those individuals' lives; and

(7) address coordination among state agencies and

local governments, as applicable, responsible for program and

policy development or oversight of programs providing:

(A) medical services;

(B) long-term services and supports;

(C) public benefit programs;

(D) public education;

(E) higher education;

(F) housing;

(G) employment services;

(H) mental health services;

(I) hospital services; and

(J) criminal justice systems.

(c) The council shall review and consider any existing

strategic plans related to services for individuals with an

intellectual or developmental disability in development of the

strategic plan under Subsection (a)(1).

(d) Not later than the 90th day after receiving the

strategic plan required under Section 547B.006(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. 547B.008. 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 523.0003. Unless continued in existence as provided

by Chapter 325, the council is abolished and this chapter expires on

the date on which the commission is subject to abolishment under

that section.

SECTION 2. (a) Not later than January 31, 2028, the

appropriate authorities shall designate or appoint, as applicable,

members to the statewide intellectual and developmental disability

coordinating council as required by Section 547B.003(a),

Government Code, as added by this Act.

(b) Not later than March 1, 2028, the statewide intellectual

and developmental disability coordinating council established

under Chapter 547B, Government Code, as added by this Act, shall

hold the council's initial meeting.

(c) Not later than March 1, 2029, the statewide intellectual

and developmental disability coordinating council shall prepare

the initial strategic plan required by Section 547B.006(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, 2027.