Emergency Sections
An agency may adopt a new or amended section or repeal an existing section on an 
emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the Texas Register, or on a stated date less than 
20 days after filing, for no more than 120 days. The emergency action is 
renewable once for no more than 60 days.
Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of bold text. [Brackets] indicate deletion of 
existing material within a section.
TITLE 25. HEALTH SERVICES
Part VIII. Interagency Council on Early Childhood Intervention
Chapter 621. Early Childhood Intervention Program
Early Childhood Intervention Advisory Committee
25 TAC sec.sec.621.61-621.64
The Interagency Council on Early Childhood Intervention (council) adopts on an 
emergency basis new sec.sec.621.61-621.64, concerning an advisory committee to 
the council. The new sections will implement the requirements of House Bill 7, 
sec.5.18, First Called Session, 72nd Legislature, 1991, concerning the 
establishment of an advisory committee to assist the council in the performance 
of it's duties. The sections cover the committee's purpose, size, composition, 
terms of office, duties, and procedures.
The sections are adopted on an emergency basis for the following reasons. House 
Bill 7 which became effective on September 1, 1991, requires the council to 
establish by rule the size and composition of the advisory committee. House Bill 
7 also provides that the governor shall appoint the members to the advisory 
committee. In order for the governor to be able to make appointments to the 
advisory committee as soon as possible after September 1, 1991, the council 
needs to have rules in effect promptly after that date covering the size and 
composition of the advisory committee. Accordingly, the council is adopting the 
sections on an emergency basis, effective immediately on filing with the Texas 
Register.
The sections are adopted on an emergency basis under the Human Resources Code 
(Code), sec.73.004, as amended by House Bill 7, sec.5.18, First Called Session, 
72nd Legislature, 1991, which provides the council with the authority to adopt 
rules establishing the size and composition of an advisory committee to the 
council, consistent with federal regulations and state rules; and Texas Civil 
Statutes, Article 6252-13a, sec.5, which provide the council with authority to 
adopt rules on an emergency basis. The new sections affect the Code sec.73.004..
sec.621.61. Purpose.  The purpose of these sections is to establish the size, 
composition, terms of office, duties, and procedures of an advisory committee to 
assist the Interagency council on Early Childhood Intervention (council) in its 
duties. The sections implement the provisions in:
(1) the Human Resources Code, sec.73.004, concerning an advisory committee to 
assist the council; and
(2) the federal regulations covering an advisory committee to the council in 34 
Code of Federal Regulations, Part 303, Subpart G.
sec.621.62. Size, Composition, and Terms of Office.
(a) Size. The advisory committee shall consist of at least 15 members which the 
governor shall appoint. The governor also shall appoint the chairperson of the 
advisory committee.
(b) Composition. The interagency committee shall be composed of:
(1) official members, which include:
(A) three members who are parents of infants and toddlers with disabilities or 
children with developmental disabilities ages three through six;
(B) three public or private providers of early childhood intervention services;
(C) one representative from the Texas Legislature;
(D) one person in personnel preparation;
(E) one member from the Texas Department of Public Health, the Texas Department 
of Mental Health and Mental Retardation, the Texas Department of Human Services, 
and the Texas Education Agency;
(F) a physician, preferably a pediatrician who deals with children with 
developmental disabilities;
(G) a public health professional who deals with children with developmental 
disabilities; and
(H) a professional advocate of the rights of young children with developmental 
disabilities; and
(2) ex officio members, which the governor or the council may appoint to serve 
for specific purposes to assist the council in the performance of its duties.
(c) Terms of office. Committee members shall serve for staggered six- year terms 
of office, with the terms of at least five members or 33% of the members 
expiring on February 1 of each odd-numbered year.
(d)  Chairperson. The Governor shall appoint the chairperson of the advisory 
committee to serve for a term of two years.
sec.621.63. Advisory committee duties.
(a) The advisory committee shall:
(1) advise and assist the Interagency Council on Early Childhood Intervention 
(council) in the development and implementation of the policies that constitute 
the statewide system;
(2) assist the council in achieving the full participation, coordination, and 
cooperation of all appropriate public agencies in the state; and
(3) assist the council in the effective implementation of the statewide system, 
by establishing a process that includes:
(A) seeking information from service providers, case managers (service 
coordinator), parents, and others about any federal, state, or local policies 
that impede timely service delivery; and
(B) taking steps to ensure that any identified policy problems are resolved; and
(4) to the extent appropriate, assist the council in the resolution of disputes.
(b) The advisory committee shall advise and assist the council in the:
(1) identification of sources of fiscal and other support for services for early 
intervention programs under this chapter;
(2) assignment of financial responsibility to the appropriate agency; and
(3) promotion of the interagency agreements.
(c) The advisory committee shall advise and assist the council in the 
preparation of applications under this chapter, and amendments to those 
applications.
(d) The advisory committee shall:
(1) prepare an annual report to the governor and to the secretary of the United 
States Department of Education (secretary) on the status of early intervention 
programs operated within the state for children eligible under this chapter and 
their families; and
(2) submit the report to the secretary by a date that the secretary establishes.
(e) Each annual report must contain the information required by the secretary 
for the year for which the report is made.
sec.621.64. Advisory Committee Procedures.
(a) Notice, frequency, and location of meetings.
(1) All advisory committee meetings are subject to the Texas Open Meetings Act 
(Act), Texas Civil Statutes, Article 6252-17a. Written notice of the date, time, 
place, and subject of each meeting shall be posted with the Texas Register 
Division, Secretary of State's Office, as required by the Act.
(2) The executive director, Early Childhood Intervention Program, shall send a 
copy of the notice of each meeting to each advisory committee member at least 
one week prior to the meeting.
(3) Meetings will be held at least quarterly and generally will be held in 
Austin.
(b) Robert's Rules of Order. All meetings will be conducted according to 
Robert's Rules of Order, except that:
(1) the chairperson may vote on any action as any other committee member, and in 
case of a tie vote the chairperson's vote will be the tiebreaker; and
(2) all actions taken by the committee must be approved by a majority vote of 
the members present at the meeting.
(c) Public participation. All requests from the public to participate in 
committee meetings must be submitted to the chairperson for his/her 
determination as to whether participation will be allowed, and if so, to what 
extent.
(d) Absence of chairperson. If the chairperson will be absent from a meeting, 
he/she may designate another member to act as chairperson and to have all powers 
and responsibilities of the chairperson for that meeting.
(e) Per diem. Official and ex officio members who attend meetings will be 
reimbursed for their expenses and travel in accordance with the per diem rates 
established for state employees in the current State Appropriations Act.
(f) Interpreters. Interpreters for persons who are deaf and other necessary 
services must be provided at the committee meeting, both for committee members 
and participants.
(g)  Conflict of interest. No committee members may vote on any subject at a 
meeting which would provide direct financial benefit to that member or otherwise 
give the appearance of a conflict of interest.
(h) Absences from meetings. The Interagency Council on Early Childhood 
Intervention may recommend to the governor the removal of any committee member 
who is absent from more than half of the regularly scheduled meetings of the 
committee that the member is eligible to attend during each calendar year or is 
absent from more than two consecutive regularly scheduled meetings that the 
member is eligible to attend.
Issued in Austin, Texas, on September 20, 1991.
TRD-9111594
Austin R. Kessler
Chairperson
Interagency Council on Early Childhood Intervention
Effective date: September 20, 1991
Expiration date: January 18, 1992
For further information, please call: (512) 458-7673
       
TITLE 28. INSURANCE
Part I. State Board of Insurance
Chapter 7. Corporate and Financial Regulation
Subchapter A. Examination and Corporate Custodian and Tax
28 TAC sec.7.36
The State Board of Insurance is renewing the effectiveness of the emergency 
adoption of the amendment to sec.7.36, for a 60-day period effective September 
19, 1991. The text of the amendment to sec.7.36 was originally published in the 
July 30, 1991, issue of the Texas Register  (16 TexReg 4119).
Issued in Austin, Texas on September 19, 1991.
TRD-9111550
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
Effective date: September 19, 1991
Expiration date: November 18, 1991
For further information, please call: (512) 463-6327