HUMAN RESOURCES CODE
CHAPTER 114. INTERAGENCY COUNCIL ON AUTISM AND PERVASIVE
DEVELOPMENTAL DISORDERS
§ 114.001. SHORT TITLE. This chapter may be cited as
the Interagency Council on Autism and Pervasive Developmental
Disorders Act of 1987.
Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1,
1987.
§ 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, 3rd
Edition.
(2) "Council" means the Interagency Council on Autism
and Pervasive Developmental Disorders.
Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1,
1987.
§ 114.003. INTERAGENCY COUNCIL. (a) The Interagency
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) Texas Department of Mental Health and Mental
Retardation;
(B) Texas Department of Health;
(C) Texas Department of Human Services;
(D) Texas Education Agency;
(E) Texas Rehabilitation Commission; and
(F) Interagency Council on Early Childhood
Intervention.
(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
two-year terms that expire on February 1 of each odd-numbered 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.
§ 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 perform clerical duties. The commissioner of the Texas
Department of Human Services shall determine which agency must
employ clerical staff 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.
§ 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 task force shall elect its own chairperson and 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.
Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1,
1987.
§ 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 Texas Department of Mental Health and Mental
Retardation as the state agency primarily responsible for
implementing this chapter, including recommendations relating to
the use of funds appropriated to the department to provide services
to persons with autism or other pervasive developmental disorders.
(b) The council with the advice of the advisory task force
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
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.
§ 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.
(b) The council shall develop a strategy for establishing
new programs to meet the requirements identified by the agencies
and the public members.
Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1,
1987.
§ 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.
Added by Acts 1987, 70th Leg., ch. 956, § 9.01, eff. Sept. 1,
1987.
§ 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 Texas Department of
Mental Health and Mental Retardation 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.
§ 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.
