2005 Texas Human Resources Code CHAPTER 114. TEXAS COUNCIL ON AUTISM AND PERVASIVE DEVELOPMENTAL DISORDERS

HUMAN RESOURCES CODE

CHAPTER 114. TEXAS COUNCIL ON AUTISM AND PERVASIVE DEVELOPMENTAL 
DISORDERS


	§ 114.001. SHORT TITLE.  This chapter may be cited as the 
Texas Council on Autism and Pervasive Developmental Disorders Act 
of 1987.

Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1, 
1987;  Amended by Acts 2005, ch. 838, § 2, eff. Sept. 1, 2005.


	§ 114.002. DEFINITIONS.  In this chapter:                                   
		(1)  "Autism and other pervasive developmental 
disorders" means a subclass of mental disorders characterized by 
distortions in the development of multiple basic psychological 
functions that are involved in the development of social skills and 
language, as defined by the Diagnostic and Statistical Manual, 4th 
Edition.
		(2)  "Council" means the Texas Council on Autism and 
Pervasive Developmental Disorders.

Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1, 
1987.  Amended by Acts 2005, 79th Leg., ch. 838, § 3, eff. Sept. 
1, 2005.


	§ 114.003. COUNCIL.  (a) The Texas Council on Autism and 
Pervasive Developmental Disorders is established.
	(b)  The council is composed of:                                               
		(1)  seven public members, the majority of whom are 
family members of a person with autism or a pervasive developmental 
disorder, appointed by the governor with the advice and consent of 
the senate;  and
		(2)  one representative from each of the following 
state agencies, to serve as ex officio members:
			(A)  Department of Aging and Disability Services;                            
			(B)  Department of State Health Services;                                    
			(C)  Health and Human Services Commission;                                   
			(D)  Texas Education Agency;                                                 
			(E)  Department of Assistive and Rehabilitative 
Services;  and             
			(F)  Department of Family and Protective 
Services.                         
	(c)  The commissioner or executive head of each state agency 
shall appoint as that agency's representative the person in the 
agency who is most familiar with and best informed about autism and 
other pervasive developmental disorders.  An ex officio member 
serves in an advisory capacity only and may not:
		(1)  serve as chairperson;  or                                                
		(2)  vote.                                                                    
	(d)  The public members appointed by the governor serve 
staggered two-year terms with the terms of three or four members 
expiring on February 1 of each year.  The public members may be 
reappointed.  A representative of a state agency serves at the 
pleasure of the commissioner or executive head of that agency.  A 
public member is entitled to reimbursement of the travel expenses 
incurred by the public member while conducting the business of the 
council, as provided in the General Appropriations Act.
	(e)  The governor shall designate a public member of the 
council as the chairman of the council to serve in that capacity at 
the pleasure of the governor.
	(f)  The council shall meet at least quarterly and shall 
adopt rules for the conduct of its meetings.
	(g)  Any actions taken by the council must be approved by a 
majority vote of the public members present.
	(h)  The council shall establish policies and adopt rules to 
carry out its duties under this chapter.

Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1, 
1987.  Amended by Acts 1997, 75th Leg., ch. 165, § 6.65, eff. 
Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 78, § 1, eff. Sept. 1, 
2001;  Acts 2005, 79th Leg., ch. 838, § 4, 5, eff. Sept. 1, 2005.


	§ 114.004. STAFF SUPPORT.  The agencies represented on 
the council shall provide staff support to the council from among 
the agency staff who are responsible for coordinating services to 
persons with autism or other pervasive developmental disorders or 
to those persons' families.  The council may require the employment 
of staff to carry out the responsibilities of the council.  The 
executive commissioner of the Health and Human Services Commission 
shall determine which agency must employ staff for the council and 
what funding resources shall be used for the council.

Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1, 
1987.  Amended by Acts 2001, 77th Leg., ch. 78, § 2, eff. Sept. 1, 
2001;  Acts 2005, 79th Leg., ch. 838, § 6, eff. Sept. 1, 2005.


	§ 114.005. ADVISORY TASK FORCE.  (a) The council shall 
establish an advisory task force composed of professionals, 
advocacy groups, and family members of persons with autism or other 
pervasive developmental disorders.  The council shall appoint as 
many members to the task force as the council considers necessary to 
assist the council in performing its duties.
	(b)  The chair of the council shall appoint the chair of the 
task force, and the task force shall meet and serve in accordance 
with council rules.  The council may divide the task force into 
regional committees to assist the council in community level 
program planning and implementation.
	(c)  A member of the task force may be appointed or removed 
without cause by a majority vote of the public members of the 
council present at a council meeting.

Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1, 
1987.  Amended by Acts 2005, 79th Leg., ch. 838, § 7, eff. Sept. 
1, 2005.


	§ 114.006. STATE PLAN.  (a) The council shall develop a 
state plan to provide services to persons with autism or other 
pervasive developmental disorders to ensure that:
		(1)  the needs of those persons and their families are 
addressed statewide and that all available resources are 
coordinated to meet those needs;
		(2)  within existing resources, the full range of 
services that are available through existing state agencies is 
offered to those persons throughout their lives to the maximum 
extent possible;
		(3)  personnel training needs are assessed statewide 
and strategies are developed to meet those needs;
		(4)  incentives are offered to private sources to 
encourage the sources to maintain present commitments and to assist 
in developing new programs;  and
		(5)  a procedure for reviewing individual complaints 
about services provided under this chapter is implemented.
	(b)  The council shall make written recommendations on the 
implementation of this chapter.  If the council considers a 
recommendation that will affect an agency not represented on the 
council, the council shall seek the advice and assistance of the 
agency before taking action on the recommendation.  On approval of 
the governing body of the agency, each agency affected by a council 
recommendation shall implement the recommendation.  If an agency 
does not have sufficient funds to implement a recommendation, the 
agency shall request funds for that purpose in its next budget 
proposal.
	(c)  Repealed by Acts 2001, 77th Leg., ch. 78, § 3, eff. 
Sept. 1, 2001.   

Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1, 
1987.  Amended by Acts 2001, 77th Leg., ch. 78, § 3, eff. Sept. 1, 
2001.


	§ 114.007. DUTIES.  (a) The council shall provide 
recommendations to the Health and Human Services Commission and 
other appropriate state agencies responsible for implementing this 
chapter, including recommendations relating to the use of funds 
appropriated to the commission or another health and human services 
agency to provide services to persons with autism or other 
pervasive developmental disorders.
	(b)  The council with the advice of the advisory task force 
and input from people with autism and other pervasive developmental 
disorders, their families, and related advocacy organizations 
shall address contemporary issues affecting services available to 
persons with autism or other pervasive developmental disorders in 
this state, including:
		(1)  successful intervention and treatment strategies, 
including transitioning;
		(2)  personnel preparation and continuing education;                          
		(3)  referral, screening, and evaluation services;                            
		(4)  day care, respite care, or residential care 
services;                  
		(5)  vocational and adult training programs;                                  
		(6)  public awareness strategies;                                             
		(7)  contemporary research;                                                   
		(8)  early identification strategies;                                         
		(9)  family counseling and case management;  and                              
		(10)  recommendations for monitoring autism service 
programs.               
	(c)  The council with the advice of the advisory task force 
and input from people with autism and other pervasive developmental 
disorders, their families, and related advocacy organizations 
shall advise the legislature on legislation that is needed to 
develop further and to maintain a statewide system of quality 
intervention and treatment services for all persons with autism or 
other pervasive developmental disorders.  The council may develop 
and recommend legislation to the legislature or comment on pending 
legislation that affects those persons.
	(d)  The council shall identify and monitor apparent gaps in 
services currently available from various state agencies for 
persons with autism or other pervasive developmental disorders and 
shall advocate improvements on behalf of those persons.

Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1, 
1987.  Amended by Acts 2005, 79th Leg., ch. 838, § 8, eff. Sept. 
1, 2005.


	§ 114.008. REPORT.  (a) The agencies represented on the 
council and the public members shall report to the council any 
requirements identified by the agency or person to provide 
additional or improved services to persons with autism or other 
pervasive developmental disorders.  Not later than November 1 of 
each year, the council shall prepare and deliver to the executive 
commissioner of the Health and Human Services Commission, the 
governor, the lieutenant governor, and the speaker of the house of 
representatives a report summarizing the recommendations.
	(b)  The council shall develop a strategy for establishing 
new programs to meet the requirements identified through the 
council's review and assessment and from input from the task force, 
people with autism and related pervasive developmental disorders, 
their families, and related advocacy organizations.

Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1, 
1987.  Amended by Acts 2005, 79th Leg., ch. 838, § 9, eff. Sept. 
1, 2005.


	§ 114.009. PROGRAM GUIDELINES.  The council shall develop 
specific program guidelines for:
		(1)  instructional or treatment options;                                      
		(2)  frequency and duration of services;                                      
		(3)  ratio of staff to affected persons;                                      
		(4)  staff composition and qualifications;                                    
		(5)  eligibility determination;  and                                          
		(6)  other program features designed to ensure the 
provision of quality services.

Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1, 
1987.      


	§ 114.010. FUNDING REQUESTS FOR PROGRAMS.  (a) A public 
or private service provider may apply for available funds to 
provide a program of intervention services for eligible persons 
with autism or other pervasive developmental disorders in areas of 
identified needs.
	(b)  To apply for funds, a person must submit a grant request 
to the council.
	(c)  The council shall adopt rules governing the submission 
and processing of funding requests.
	(d)  Funds may be appropriated from available resources to 
allow the council to provide recommendations to the Health and 
Human Services Commission and other appropriate state agencies 
responsible for implementing this chapter, including 
recommendations relating to the use of funds appropriated to the 
commission or another health and human services agency to provide 
services to persons with autism or other pervasive developmental 
disorders.

Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1, 
1987.  Amended by Acts 2005, 79th Leg., ch. 838, § 10, eff. Sept. 
1, 2005.


	§ 114.011. APPROVAL CRITERIA.  (a) The council shall 
review each request for program funding on a competitive basis and 
shall consider:
		(1)  the extent to which the program would meet 
identified needs;           
		(2)  the cost of initiating the program, if applicable;                       
		(3)  whether other funding sources are available;                             
		(4)  the proposed cost of the services to the client or 
the client's family;  and
		(5)  the assurance of quality services.                                       
	(b)  The council may not approve a funding request for a new 
program unless the service provider agrees to:
		(1)  operate and maintain the program within the 
guidelines established by the council;
		(2)  develop for each person with autism or other 
pervasive developmental disorders an individualized developmental 
plan that:
			(A)  includes family participation and periodic 
review and reevaluation;  and
			(B)  is based on a comprehensive developmental 
evaluation conducted by an interdisciplinary team;
		(3)  provide services to meet the unique needs of each 
person with autism or other pervasive developmental disorders as 
indicated by the person's individualized developmental plan;  and
		(4)  develop a method in accordance with rules adopted 
by the council and approved by the council to respond to individual 
complaints relating to services provided by the program.
	(c)  The council shall develop with the Health and Human 
Services Commission and any agency designated by the commission 
procedures for allocating available funds to programs approved 
under this section.
	(d)  This chapter does not affect the existing authority of a 
state agency to provide services to a person with autism or other 
pervasive developmental disorders if the person meets the 
eligibility criteria established by this chapter.  The council may 
modify the program standards if the council considers the 
modifications necessary for a particular program.

Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1, 
1987.  Amended by Acts 2005, 79th Leg., ch. 838, § 11, eff. Sept. 
1, 2005.


	§ 114.012. FEES FOR SERVICES.  (a) A service provider may 
charge a fee for services that is based on the client's or family's 
ability to pay.  The fee must be used to offset the cost of providing 
or securing the services.  If a service provider charges a fee, the 
provider must charge a separate fee for each type of service.  In 
determining a client's or family's ability to pay for services, the 
provider must consider the availability of financial assistance or 
other benefits for which the client or family may be eligible.
	(b)  A state agency may charge a fee for services provided by 
the agency under this chapter that is based on the client's or 
family's ability to pay.

Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1, 
1987.