HUMAN RESOURCES CODE
CHAPTER 115. GOVERNOR'S COMMITTEE ON PEOPLE WITH DISABILITIES
§ 115.001. COMMITTEE; MISSION. (a) The Governor's
Committee on People with Disabilities is within the office of the
governor.
(b) The committee's mission is to further opportunities for
persons with disabilities to enjoy full and equal access to lives of
independence, productivity, and self-determination.
Added by Acts 1991, 72nd Leg., ch. 577, § 1, eff. Sept. 1, 1991.
Amended by Acts 1999, 76th Leg., ch. 37, § 1, eff. Sept. 1, 1999.
§ 115.002. COMPOSITION. (a) The committee is composed
of 12 members appointed by the governor and of nonvoting ex officio
members.
(b) The appointed members are appointed for staggered terms
of two years, with half the members' terms expiring February 1 of
each odd-numbered year and half the members' terms expiring
February 1 of each even-numbered year. At least seven of the
appointed members must be persons with disabilities.
(c) The ex officio members are:
(1) the executive director of the Texas Workforce
Commission;
(2) the commissioner of the Texas Rehabilitation
Commission;
(3) the executive director of the Texas Commission for
the Blind;
(4) the executive director of the Texas Commission for
the Deaf and Hard of Hearing; and
(5) other officials designated by the governor who
serve with other state agencies that provide services to persons
with disabilities.
(d) Except as provided by Subsection (b), appointments to
the committee shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointees.
Added by Acts 1991, 72nd Leg., ch. 577, § 1, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 835, § 22, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 37, § 2, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 817, § 10.10, eff. Sept. 1, 2003.
§ 115.0021. CONFLICT OF INTEREST. A person may not be a
member of the committee or act as the general counsel to the
committee if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the committee.
Added by Acts 1999, 76th Leg., ch. 37, § 5, eff. Sept. 1, 1999.
§ 115.0022. TRAINING FOR COMMITTEE MEMBERS. (a) A
person who is appointed to and qualifies for office as a member of
the committee may not vote, deliberate, or be counted as a member in
attendance at a meeting of the committee until the person completes
a training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the committee;
(2) the programs operated by the committee;
(3) the role and functions of the committee;
(4) any relevant rules of the committee;
(5) the current budget for the committee;
(6) the results of the most recent formal audit of the
committee;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict of interest laws; and
(8) any applicable ethics policies adopted by the
committee or the Texas Ethics Commission.
(c) A person appointed to the committee is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 37, § 5, eff. Sept. 1, 1999.
§ 115.0023. GROUNDS FOR REMOVAL. (a) It is a ground
for removal from the committee that a member:
(1) is ineligible for membership under Section
115.0021;
(2) cannot discharge the member's duties for a
substantial part of the member's term; or
(3) is absent from more than half of the regularly
scheduled committee meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the committee.
(b) The validity of an action of the committee is not
affected by the fact that it is taken when a ground for removal of a
committee member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the committee of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the committee, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Added by Acts 1999, 76th Leg., ch. 37, § 5, eff. Sept. 1, 1999.
§ 115.003. REIMBURSEMENT. Appointed members may not
receive compensation for service on the committee but are entitled
to actual and necessary expenses incurred in the performance of
committee business, including attendance at committee meetings,
telephone calls to conduct committee business, and attendance at
functions to represent the committee officially. The payment of
expenses is limited to available funds.
Added by Acts 1991, 72nd Leg., ch. 577, § 1, eff. Sept. 1, 1991.
§ 115.004. OFFICERS; MEETINGS; QUORUM. (a) The
governor shall designate one member of the committee as the
presiding officer of the committee to serve in that capacity at the
pleasure of the governor. The committee may elect other officers
from its members as the committee considers necessary.
(b) The committee shall meet quarterly as provided by
committee rule and may meet at other times at the call of the
presiding officer.
(c) The committee is considered to be a governmental body
subject to Chapter 551, Government Code.
(d) A majority of the appointed members of the committee
constitutes a quorum.
Added by Acts 1991, 72nd Leg., ch. 577, § 1, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(82), eff. Sept.
1, 1995; Acts 1999, 76th Leg., ch. 37, § 3, eff. Sept. 1, 1999.
§ 115.0041. DIVISION OF RESPONSIBILITY. The committee
shall develop and implement policies that clearly separate the
policymaking responsibilities of the committee and the management
responsibilities of the executive director and staff of the
committee.
Added by Acts 1999, 76th Leg., ch. 37, § 5, eff. Sept. 1, 1999.
§ 115.0042. PUBLIC HEARINGS. The committee shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the committee and to speak
on any issue under the jurisdiction of the committee.
Added by Acts 1999, 76th Leg., ch. 37, § 5, eff. Sept. 1, 1999.
§ 115.005. SUNSET PROVISION. The Governor's Committee
on People with Disabilities is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the committee is abolished and this chapter
expires September 1, 2011.
Added by Acts 1991, 72nd Leg., ch. 577, § 1, eff. Sept. 1, 1991.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 4.08, eff.
Nov. 12, 1991; Acts 1999, 76th Leg., ch. 37, § 4, eff. Sept. 1,
1999.
§ 115.006. STAFF; FUNDING. (a) The governor's office
shall employ, subject to the approval of the committee, an
executive director for the committee at a salary as determined by
legislative appropriation.
(b) The governor's office shall provide other
administrative support to the committee. The executive director of
the committee shall coordinate the provision of the administrative
support and shall supervise the staff.
(c) The committee shall be funded through the governor's
office.
Added by Acts 1991, 72nd Leg., ch. 577, § 1, eff. Sept. 1, 1991.
§ 115.0061. STANDARDS OF CONDUCT. The executive
director or the executive director's designee shall provide to
members of the committee and to committee employees, as often as
necessary, information regarding the requirements for office or
employment under this chapter, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state officers or employees.
Added by Acts 1999, 76th Leg., ch. 37, § 5, eff. Sept. 1, 1999.
§ 115.007. RULES AND SUBCOMMITTEES. (a) The committee
shall adopt rules and designate subcommittees and task forces as it
considers advisable for the conduct of the committee's functions.
(b) The committee may appoint persons other than committee
members to serve on its subcommittees and task forces as
appropriate to obtain needed expertise and broaden representation
from its constituencies. Those persons may not receive
compensation for their services but may be reimbursed for travel
and lodging expenses.
Added by Acts 1991, 72nd Leg., ch. 577, § 1, eff. Sept. 1, 1991.
§ 115.008. GIFTS, GRANTS, AND DONATIONS. The committee
may solicit and accept gifts, grants, and donations to support the
committee or carry out the committee's functions.
Added by Acts 1991, 72nd Leg., ch. 577, § 1, eff. Sept. 1, 1991.
§ 115.009. FUNCTIONS. The committee shall:
(1) serve as a central source of information and
education on the abilities, rights, problems, and needs of persons
with disabilities and, as necessary, issue reports;
(2) provide information to and advise the governor and
the governor's staff on matters relating to the full participation
of persons with disabilities in all aspects of life;
(3) before the end of each even-numbered year, submit
to the governor and to the legislature a report that includes:
(A) the status of the state's compliance with
federal and state laws pertaining to rights and opportunities for
persons with disabilities and recommendations to achieve further
compliance, if necessary;
(B) a long-range state plan for persons with
disabilities and recommendations to implement that plan; and
(C) any recommended changes in state laws
relating to persons with disabilities;
(4) serve as the state's liaison agency in working with
the President's Committee on Employment of Persons with
Disabilities and other entities involved in activities or concerns
affecting persons with disabilities;
(5) develop and work with a statewide network of
volunteer community-level committees to promote dissemination of
information about and implementation of federal and state laws
addressing rights and opportunities for persons with disabilities;
(6) evaluate the state's compliance with the federal
Americans with Disabilities Act of 1990 (Pub. L. No. 101-336) and
other federal and state statutes relating to rights and
opportunities for persons with disabilities;
(7) provide information and technical assistance to
public and private agencies and businesses to promote and
facilitate implementation of the federal Americans with
Disabilities Act of 1990 (Pub. L. No. 101-336) and other federal
and state statutes relating to rights and opportunities of persons
with disabilities;
(8) collect and evaluate data on employment of persons
with disabilities by state agencies;
(9) work with legislative committees and with state
agencies on the development of laws and policies that affect
persons with disabilities;
(10) promote the compilation and publication of state
laws relating to persons with disabilities; and
(11) issue awards and other forms of recognition to
persons and organizations making outstanding contributions to the
employment of persons with disabilities and to public awareness of
issues impacting persons with disabilities.
Added by Acts 1991, 72nd Leg., ch. 577, § 1, eff. Sept. 1, 1991.
Amended by Acts 1999, 76th Leg., ch. 37, § 4, eff. Sept. 1, 1999.
§ 115.010. GOVERNMENTAL COOPERATION. The agencies of
state and local government shall cooperate with and assist the
committee in the performance of its functions.
Added by Acts 1991, 72nd Leg., ch. 577, § 1, eff. Sept. 1, 1991.
§ 115.011. COMPLAINTS. (a) The committee shall
maintain a file on each written complaint filed with the committee.
The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the
committee;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review of the
complaint; and
(6) an explanation of the reason the file was closed,
if the committee closed the file without taking action other than to
review the complaint.
(b) The committee, until final disposition of the
complaint, shall notify the person filing the complaint and each
person who is a subject of the complaint of the status of the review
of the complaint.
Added by Acts 1999, 76th Leg., ch. 37, § 5, eff. Sept. 1, 1999.
