CHAPTER 73. INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION SERVICES
HUMAN RESOURCES CODE
TITLE 3. FACILITIES AND SERVICES FOR CHILDREN
SUBTITLE B. SERVICES FOR CHILDREN
CHAPTER 73. INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION
SERVICES
Sec. 73.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of the Interagency Council on Early
Childhood Intervention.
(2) "Council" means the Interagency Council on Early Childhood
Intervention.
(3) "Developmental delay" means a significant variation in
normal development as measured by appropriate diagnostic
instruments and procedures, in one or more of the following
areas:
(A) cognitive development;
(B) physical development;
(C) communication development;
(D) social or emotional development; or
(E) adaptive development.
Added by Acts 1983, 68th Leg., p.1012, ch. 235, art. 4, Sec.
4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch.
931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1997, 75th Leg.,
ch. 923, Sec. 1, eff. Sept. 1, 1997.
Sec. 73.002. BOARD. (a) The council is governed by a board
composed of:
(1) eight lay members who are the family members of children
with developmental delay, appointed by the governor with the
advice and consent of the senate; and
(2) one member who is a representative of the Texas Education
Agency, appointed by the commissioner of education.
(b) In addition to the members appointed under Subsection (a),
nonvoting representatives shall be appointed by the commissioner
or executive head of the following agencies to actively
participate in board deliberations and advise the board on the
appointing agency's perspective and concerns regarding the early
childhood intervention program:
(1) the Texas Department of Health;
(2) the Texas Department of Mental Health and Mental
Retardation;
(3) the Texas Commission on Alcohol and Drug Abuse;
(4) the Texas Department of Human Services;
(5) the Department of Protective and Regulatory Services; and
(6) the Texas Workforce Commission.
(c) Five of the lay members of the board must be the parents of
children who are receiving or have received early childhood
intervention services. Each state agency member on or
representative to the board appointed under Subsection (a) or (b)
must have administrative responsibility in the agency represented
by the member or representative for early childhood intervention
or related services and must have authority to make decisions
and, subject to the approval of the appropriate commissioner or
executive head, commit resources on behalf of the appointing
agency.
(d) Members of the board appointed under Subsection (a) serve
for staggered six-year terms, with the terms of three members
expiring February 1 of each odd-numbered year. The
representatives to the board appointed under Subsection (b) serve
as nonvoting participants and serve at the will of the appointing
authority. If a representative appointed by a state agency under
Subsection (b) terminates employment with the agency, the
representative's position becomes vacant on the date of
termination. It is a ground for removal from the board if a
member appointed by a state agency under Subsection (a)
terminates employment with the agency.
(e) The governor shall designate a member of the board as the
presiding officer of the board to serve in that capacity at the
will of the governor. The members of the board shall elect one
member of the board to serve as assistant presiding officer. The
assistant presiding officer shall serve a two-year term.
(f) The board shall meet at least quarterly and shall adopt
rules for the conduct of its meetings.
(g) Any action taken by the board must be approved by a majority
vote of the members present.
(h) The board shall establish regulations, policies, and
procedures for carrying out the council's duties under this
chapter.
(i) The board shall develop and implement policies that provide
the public with a reasonable opportunity to appear before the
board and to speak on any issue under the jurisdiction of the
council.
Added by Acts 1983, 68th Leg., p. 1012,. ch. 235, art. 4, Sec.
4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch.
264, Sec. 21, eff. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 931,
art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch.
747, Sec. 30, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 165,
Sec. 6.56, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 923,
Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 33, Sec. 1,
eff. Sept. 1, 1999.
Sec. 73.0021. ELIGIBILITY REQUIREMENT FOR BOARD MEMBERSHIP. (a)
Appointments to the board shall be made without regard to race,
color, disability, sex, religion, age, or national origin.
(b) A person is not eligible for appointment as a board member
if:
(1) the person does not meet the eligibility requirements under
Section 73.002;
(2) the person or the person's spouse is an officer of an agency
or paid counsel of an organization with which the council engages
in a contractual relationship; or
(3) the person violates a prohibition established by Section
73.0024.
Added by Acts 1997, 75th Leg., ch. 923, Sec. 3, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 33, Sec. 2, eff. Sept.
1, 1999.
Sec. 73.0022. REMOVAL OF BOARD MEMBERS. (a) It is a ground for
removal from the board if a member:
(1) is not eligible for appointment to the board under Section
73.002;
(2) does not maintain during service on the board the
qualifications required by Section 73.002;
(3) has or develops an interest that conflicts or appears to
conflict with the member's position on the board or violates a
prohibition established by Section 73.0024;
(4) cannot discharge the member's duties for a substantial part
of the term for which the member is appointed because of illness
or disability; or
(5) is absent for more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year.
(b) The validity of an action of the board is not affected by
the fact that it was taken when grounds for removal of a board
member existed.
(c) If the executive director of the council has knowledge that
a potential ground for removal exists, the executive director
shall notify the presiding officer of the board. The presiding
officer shall then notify the appropriate appointing authority of
the potential removal and the cause for the potential removal
action.
(d) If a board member is removed for cause, the appointing
authority shall make a subsequent appointment for the remainder
of that board member's term.
Added by Acts 1997, 75th Leg., ch. 923, Sec. 4, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 33, Sec. 3, eff. Sept.
1, 1999.
Sec. 73.0023. BOARD MEMBER TRAINING. (a) A person who is
appointed to and qualifies for office as a member of the board
may not vote, deliberate, or be counted as a member in attendance
at a meeting of the board 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 council and the board;
(2) the programs operated by the council;
(3) the role and functions of the council;
(4) the rules of the council with an emphasis on the rules that
relate to disciplinary and investigatory authority;
(5) the current budget for the council;
(6) the results of the most recent formal audit of the council;
(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 council or the
Texas Ethics Commission.
(c) A person appointed to the board 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. 33, Sec. 4, eff. Sept. 1,
1999.
Sec. 73.0024. RESTRICTIONS ON BOARD MEMBERS AND EMPLOYEES. (a)
In this section, "Texas trade association" means a cooperative
and voluntarily joined association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the board and may not be a
council employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of early childhood
intervention; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of early
childhood intervention.
(c) A person may not be a member of the board or act as the
general counsel to the board or the council 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 council.
Added by Acts 1999, 76th Leg., ch. 33, Sec. 4, eff. Sept. 1,
1999.
Sec. 73.0025. COMPLAINT PROCESS. (a) The board shall develop a
method for responding to complaints regarding services provided
by the council.
(b) The council shall maintain a file on each written complaint
filed with the council. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the council;
(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 or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
council closed the file without taking action other than to
investigate the complaint.
(c) The council shall provide to the person filing the complaint
and to each person who is a subject of the complaint a copy of
the council's policies and procedures relating to complaint
investigation and resolution.
(d) The council, at least quarterly 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 investigation unless the notice would jeopardize an
undercover investigation.
Added by Acts 1999, 76th Leg., ch. 33, Sec. 4, eff. Sept. 1,
1999.
Sec. 73.003. STRATEGIC PLAN. The council shall develop and
implement a strategic plan for a statewide system of early
childhood intervention services, as required by Subchapter VIII,
Individuals with Disabilities Education Act (IDEA) (20 U.S.C.
Section 1471 et seq.), and its subsequent amendments, to ensure
that the provisions of this chapter are properly implemented by
the agencies affected.
Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, Sec.
4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch.
931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1997, 75th Leg.,
ch. 923, Sec. 5, eff. Sept. 1, 1997.
Sec. 73.004. ADVISORY COMMITTEE. (a) The governor shall
appoint an advisory committee to assist the council in the
performance of its duties. The council shall establish the size
and composition of the committee by rule, consistent with federal
regulations and state rules. The governor or the council may also
appoint ex officio members to serve for specific purposes to
assist the council in the performance of its duties.
(b) The committee shall meet and serve under the rules of the
board, but the committee shall elect its own presiding officer.
The committee may be divided into regional committees to assist
the council in community-level program planning and
implementation.
(c) The advisory committee is not subject to Article 6252-33,
Revised Statutes.
Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, Sec.
4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch.
931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1991, 72nd Leg.,
1st C.S., ch. 15, Sec. 5.18, eff. Sept. 1, 1991; Acts 1997, 75th
Leg., ch. 923, Sec. 6, eff. Sept. 1, 1997.
Sec. 73.0041. ADVISORY COMMITTEE DUTIES. The advisory committee
established under Section 73.004 shall perform the duties and
responsibilities required of an advisory committee under
Subchapter VIII, Individuals with Disabilities Education Act
(IDEA) (20 U.S.C. Section 1471 et seq.), and its subsequent
amendments.
Added by Acts 1997, 75th Leg., ch. 923, Sec. 7, eff. Sept. 1,
1997.
Sec. 73.0045. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND
HUMAN SERVICES. The commissioner of health and human services
has the powers and duties relating to the board and the executive
director of the board as provided by Section 531.0055, Government
Code. To the extent a power or duty given to the board or
executive director by this chapter or another law conflicts with
Section 531.0055, Government Code, Section 531.0055 controls.
Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.06, eff. Sept. 1,
1999.
Sec. 73.005. BOARD POWERS AND DUTIES. (a) The board with the
advice of the advisory committee shall address contemporary
issues affecting intervention services in the state including:
(1) successful intervention strategies;
(2) personnel preparation and continuing education;
(3) screening services;
(4) day or respite care services;
(5) public awareness; and
(6) contemporary research.
(b) The board with the advice of the advisory committee shall
advise the legislature on legislation that is needed to maintain
a statewide system of quality intervention services for children
with developmental delay who are under three years of age and the
families of those children. The council may develop and submit
legislation to the legislature or comment on pending legislation
that affects this population.
Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, Sec.
4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch.
931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1997, 75th Leg.,
ch. 923, Sec. 8, eff. Sept. 1, 1997.
Sec. 73.0051. POWERS AND DUTIES OF COUNCIL. (a) The council is
the lead agency designated by the governor under Subchapter VIII,
Individuals with Disabilities Education Act (IDEA) (20 U.S.C.
Section 1471 et seq.), and its subsequent amendments, for the
administration, supervision, and monitoring of a statewide
comprehensive system of early intervention services that will
ensure that all infants and toddlers in this state who are below
the age of three and have developmental needs or are at risk of
developmental delay receive services that are provided in
partnership with their families and in the context of their local
community.
(b) The council by rule shall:
(1) provide for compliance with the terms and provisions of
applicable federal and state laws in the administration of
programs and the delivery of services under this chapter;
(2) establish a program to monitor fiscal and program
implementation; and
(3) establish appropriate sanctions for providers who fail to
comply with statutory and regulatory fiscal and program
requirements.
(c) The council may enter into, administer, and monitor
contracts with providers for programs and projects authorized
under this chapter.
(d) The council shall periodically monitor program activities
and fiscal performance of the entities funded under this chapter
to:
(1) determine compliance with federal and state requirements;
(2) assess the performance of the entities in identifying
children under three years of age with developmental delay in
populations at risk of developmental delay; and
(3) issue reports regarding program monitoring.
(e) The council may apply for and accept gifts, grants, and
donations from public and private sources for use in programs
authorized under this chapter. The council shall deposit money
received under this section into the state treasury.
(f) The council shall:
(1) cooperate with the Health and Human Services Commission and
other local, state, and federal agencies in the strategic
planning, funding, delivery, and monitoring of services
authorized under this chapter; and
(2) jointly with the Department of Protective and Regulatory
Services develop and implement policies applicable to providers
of services authorized under this chapter in situations involving
service recipients who are vulnerable to abuse or neglect.
(g) The council shall make periodic reports as required by law
to other agencies, the legislature, appropriate committees, the
governor, and the Secretary of the United States Department of
Education.
(h) The council shall ensure that all programs and council
functions are conducted in a nondiscriminatory manner.
(i) The council shall include parents when deciding the
appropriate treatment for the needs of their child or children.
After establishing an initial and ongoing treatment plan for a
child, the council shall ensure that the child's parents continue
to be included in all decisions relating to the services provided
to the child, including the determination of the most appropriate
setting for the child to receive services. The council shall
ensure that a child's parents receive written notification of the
progress toward meeting the child's treatment plan. The
notification must include details to assist parents in meeting
the child's treatment goals.
(j) The council shall not limit services to solely natural
environments but shall also make alternatives available when
early intervention cannot be achieved satisfactorily in a natural
environment.
(k) The council shall cooperate with the Health and Human
Services Commission to select an appropriate automated system or
systems currently used by a state agency to plan, manage, and
maintain records of client services. If cost-effective, the
council may use the automated system or systems to carry out
other appropriate council administrative functions.
(l) The council by rule may establish a system of payments by
families of children receiving services under this chapter,
including a schedule of sliding fees, in a manner consistent with
34 C.F.R. Sections 303.12(a)(3)(iv), 303.520, and 303.521.
Added by Acts 1997, 75th Leg., ch. 923, Sec. 9, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 33, Sec. 5, eff. Sept.
1, 1999; Acts 2003, 78th Leg., ch. 198, Sec. 2.114, eff. Sept. 1,
2003.
Sec. 73.0052. PERSONNEL MATTERS. (a) The executive director or
the executive director's designee shall provide to members of the
board and to the employees of the council, 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.
(b) The commissioner of health and human services shall employ
an executive director in accordance with Section 531.0056,
Government Code. The executive director shall establish necessary
administrative units and hire other necessary employees.
(c) Utilizing established standards, the commissioner of health
and human services shall evaluate the performance of the
executive director annually.
(d) The executive director or the executive director's designee
shall develop an intra-agency career ladder program. Employees
will be notified of all available positions. When appropriate,
postings will be made available to council employees before
public posting.
(e) The executive director or the executive director's designee
shall develop a system of annual performance evaluations based on
measurable job tasks. All merit pay for council employees must be
based on the system established under this subsection.
(f) The executive director or the executive director's designee
shall prepare and maintain a written policy statement to assure
implementation of a program of equal employment opportunity under
which all personnel transactions are made without regard to race,
color, handicap, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, appointment, training, and
promotion of personnel;
(2) a comprehensive analysis of the agency workforce that meets
federal and state laws, rules, and regulations and instructions
promulgated directly from those laws, rules, and regulations; and
(3) procedures by which a determination can be made of
significant underutilization in the council's workforce of all
persons for whom federal or state laws, rules, and regulations
and instructions promulgated directly from those laws, rules, and
regulations encourage a more equitable balance and reasonable
methods to appropriately address those areas of significant
underutilization.
(g) The policy statement prepared under Subsection (f) must:
(1) cover an annual period;
(2) be updated at least annually; and
(3) be filed with the governor.
(h) The board shall develop and implement policies that clearly
separate the policymaking responsibilities of the board and the
management responsibilities of the executive director and the
staff of the council.
Added by Acts 1997, 75th Leg., ch. 923, Sec. 10, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 33, Sec. 6, eff. Sept.
1, 1999; Acts 1999, 76th Leg., ch. 1460, Sec. 2.07, eff. Sept. 1,
1999.
Sec. 73.006. REIMBURSEMENT FOR EXPENSES. (a) An agency member
on or agency representatives to the board and the advisory
committee, if any, are entitled to reimbursement for expenses
incurred in the performance of their duties by the appointing
agencies in accordance with the travel provisions for state
employees in the General Appropriations Act.
(b) The lay members of the board and advisory committee are
entitled to reimbursement for reasonable and necessary expenses
incurred in the performance of board or advisory committee
duties, including reimbursement for child care.
(c) The agencies that have a member or representatives on the
board shall provide staff support to the council as needed. The
agencies may provide staff support to the committee.
(d) A board member, a nonvoting representative to the board, or
an advisory committee member who is disabled and who, because of
the disability, requires attendant care to perform the person's
duties is entitled to reimbursement for the cost of the attendant
care.
Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, Sec.
4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch.
931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg.,
ch. 747, Sec. 31, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch.
76, Sec. 8.142, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch.
923, Sec. 11, eff. Sept. 1, 1997.
Sec. 73.007. PUBLIC AWARENESS AND TRAINING. The council shall
develop and implement:
(1) a general public awareness strategy focusing on the
importance of prenatal care and early identification of infants
and toddlers with developmental delay and the availability of
resources to meet their needs; and
(2) a statewide plan for conducting training and technical
assistance for service providers, primary referral sources, and
families with children under three years of age with
developmental delay.
Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, Sec.
4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch.
264, Sec. 22, eff. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 931,
art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch.
923, Sec. 12, eff. Sept. 1, 1997.
Sec. 73.008. EARLY IDENTIFICATION STRATEGY. (a) The council
shall develop and implement a statewide strategy for:
(1) the early identification of children under three years of
age with developmental delay;
(2) improving the early identification of children under three
years of age with developmental delay in populations at risk of
developmental delay, through measures such as:
(A) targeting at-risk populations and appropriate geographical
regions; and
(B) monitoring the performance of providers of services
authorized under this chapter in identifying those children; and
(3) the coordination of programs with other agencies serving
children with developmental delay, including the coordination of
policy issues that affect children with developmental delay who
are three years of age or older.
(b) The strategy must include plans to:
(1) incorporate, strengthen, and expand similar existing local
efforts;
(2) incorporate and coordinate screening services currently
provided through a public agency;
(3) establish a liaison with primary referral sources, including
hospitals, physicians, public health facilities, and day-care
facilities, to encourage referrals of children with developmental
delay; and
(4) provide active leadership in addressing issues affecting the
effectiveness of services for children with developmental delay,
including issues such as the provision of respite care and
development of incentives to encourage provision of respite care
by providers of services authorized under this chapter.
Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, Sec.
4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch.
931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1997, 75th Leg.,
ch. 923, Sec. 13, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch.
33, Sec. 7, eff. Sept. 1, 1999.
Sec. 73.009. REFERRAL FOR SERVICES. (a) The council shall
establish policies concerning services described by this section.
A child under three years of age and the child's family may be
referred for services described by this section if the child is:
(1) identified as developmentally delayed;
(2) suspected of being developmentally delayed; or
(3) considered at risk of developmental delay.
(b) For each child referred, the council shall:
(1) seek appropriate medical or developmental screening or
evaluation and if such screening services or evaluation services
are not available, the council shall provide those services
either directly or by contract; and
(2) refer the child to a public or private program that can meet
the child's needs.
(c) Services under this section shall be provided in a manner
that minimizes intrusion into family privacy.
Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, Sec.
4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch.
931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg.,
ch. 747, Sec. 32, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch.
923, Sec. 14, eff. Sept. 1, 1997.
Sec. 73.010. ELIGIBILITY FOR SERVICES. A child is eligible for
services under this chapter if the child:
(1) is under three years of age; and
(2) is documented as having developmental delay or has a
medically diagnosed physical or mental condition that has a high
probability of resulting in developmental delay.
Added by Acts 1983, 68th Leg., p. 1012, ch. 235, art. 4, Sec.
4(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch.
931, art. 12, Sec. 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg.,
ch. 747, Sec. 33, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch.
165, Sec. 6.57, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.
923, Sec. 15, eff. Sept. 1, 1997.
Sec. 73.011. PROVIDER SELECTION. (a) The council shall select
providers of services authorized under this chapter on a best
value basis in a manner that:
(1) maximizes federal, private, and local sources of funding;
and
(2) promotes competition when possible.
(b) The council shall determine best value as required by
Subsection (a) when the council initially awards a contract to a
provider and when the council considers renewal of a provider's
contract.
(c) In determining whether a provider will provide best value to
the council, the council shall consider:
(1) the past performance of the provider;
(2) the quality of the provider's services;
(3) the cost of the provider's services;
(4) the ability of the provider to maximize federal, private,
and local sources of funding;
(5) the ability of the provider to comply with state and federal
program requirements;
(6) the availability of the provider to deliver required
services; and
(7) any other relevant factor.
Added by Acts 1999, 76th Leg., ch. 33, Sec. 8, eff. Sept. 1,
1999.
Sec. 73.022. FINANCES. (a) The council shall:
(1) ensure compliance with requirements necessary to obtain
federal funds in the maximum amount and the most advantageous
proportions possible;
(2) seek funding in a manner that maximizes the total amount of
money available from federal, private, and local sources for
programs funded under this chapter;
(3) apply for, receive, administer, and spend federal and state
funds for Subchapter III, Individuals with Disabilities Education
Act (IDEA) (20 U.S.C. Section 1431 et seq.), and its subsequent
amendments, dealing with infants and toddlers from birth to age
three with developmental delay and their families; and
(4) authorize and account for the classification and spending of
maintenance of effort and carryover funds from all sources in
carrying out the programs funded under this chapter.
(b) All money paid to the council under this chapter shall be
deposited in the state treasury and may be used only for the
administration of this chapter.
(c) The financial transactions of the council are subject to
audit by the state auditor in accordance with Chapter 321,
Government Code.
(d) The executive director shall prepare and submit to the board
for approval a biennial budget and request for an appropriation
by the legislature of funds necessary to carry out the duties of
the council. The budget and request must include an estimate of
all federal funds to be allocated to the state for the
performance of the council's duties.
(e) The council shall submit the budget and appropriations
request to the Legislative Budget Board and the governor in the
manner prescribed by law.
(f) The council shall annually file with the governor and the
presiding officer of each house of the legislature a complete and
detailed written report accounting for all funds received and
disbursed by the council during the preceding year in accordance
with the General Appropriations Act.
Added by Acts 1989, 71st Leg., ch. 813, Sec. 6.09, eff. Sept. 1,
1989. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.58, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 923, Sec. 16, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 33, Sec. 9, eff. Sept. 1,
1999.
Sec. 73.023. APPLICATION OF SUNSET ACT. The Interagency Council
on Early Childhood Intervention is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the council is abolished on
September 1, 2011.
Added by Acts 1997, 75th Leg., ch. 923, Sec. 17, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 33, Sec. 10, eff.
Sept. 1, 1999.
Sec. 73.024. OPEN MEETINGS; OPEN RECORDS; ADMINISTRATIVE
PROCEDURE. The board, council, and advisory committee are
subject to the requirements of the open meetings law, Chapter
551, Government Code, the open records law, Chapter 552,
Government Code, and Chapter 2001, Government Code.
Added by Acts 1997, 75th Leg., ch. 923, Sec. 18, eff. Sept. 1,
1997.