Part 21.
TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES
Chapter 876.
GENERAL PROVISIONS
The Texas Council for Developmental Disabilities (TCDD) proposes amendments
to §§876.1-876.3, the repeal of §876.4 and new §§876.4-876.12
concerning general provisions. The sections are being amended to update rules
transferred to the Texas Council for Developmental Disabilities by the Texas
Rehabilitation Commission following passage of HB 1610 by the 76th Texas Legislature
that became effective September 1, 1999. The proposed revisions update rules
consistent with TCDD policies and procedures and provide the public with information
about TCDD processes and procedures.
Roger A. Webb, Executive Officer, TCDD, has determined that the sections
will not result in any fiscal implications to the state or to units of local
government for the first five year period.
Mr. Webb also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be updated rules that are consistent with TCDD policies
and procedures. There will be no effect on small businesses. There are no
anticipated economic costs to persons who are required to comply with the
sections as proposed.
Comments on the sections may be submitted to: Roger A. Webb, TCDD Executive
Director 6201 East Oltorf, Suite 600 Austin, Texas 78741.
40 TAC §§876.1 - 876.12
The amendments and new sections are proposed under the Human
Resources Code, Title 7, Chapter 112.020(b)(1), which provides TCDD with the
authority to prescribe, adopt, and enforce rules.
No other statute, article or code is affected by the sections.
§876.1.Definitions.
The following words and terms, when used in these sections, shall have
the following meanings, unless the context clearly indicates otherwise.
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(1)
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(2)
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(3)
Developmental disability -
The term "developmental disability" has the meaning as defined in federal
law, the Developmental Disabilities Assistance and Bill of Rights Act as amended
(42 USC 6000 et seq).
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(4)
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(5)
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§876.2.Legal Authority [
(a)
These rules are adopted under
provisions of the Texas Human Resources Code, Title 40, Chapter 112.
(b)
The following federal
laws
and [
(1)
Developmental Disabilities
Assistance and Bill of Rights Act as Amended (U.S.C. 6000 et. seq.); and
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(2)
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§876.3.Administration.
(a)
The Texas Council for Developmental
Disabilities is a joint state-federal program designed to promote the development
of a consumer and family-centered, comprehensive system and a coordinated
array of culturally competent services, supports, and other assistance designed
to achieve independence, productivity, and integration and inclusion into
the community for individuals with developmental disabilities.
(b)
The Council performs its responsibilities
through staff activities, grants or contracts to public, or nonprofit, or
private for-profit organizations and in other ways as determined by the Council
to carry out the state plan.
(c)
The Council shall enter into
a memorandum of understanding with the designated state agency which sets
forth their respective roles.
(d)
The designated state agency
carries out the functions set forth in applicable federal and state laws and
regulations and the memorandum of understanding with the Council.
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§876.4.Responsibilities of the Council.
The Council is an agency within the executive branch, but functions
independently within its statutory authority to serve the long-term public
interest. The Council is responsible for establishing the policy framework
through which the agency carries out its statutory responsibilities. Specifically,
the Council shall:
(1)
exercise the authority provided by law to adopt policies
and rules governing Council activities;
(2)
develop and implement policies that clearly separate the
policymaking authority of the Council and the management responsibilities
of the executive director and staff of the Council;
(3)
approve the state plan and amendments;
(4)
serve as an advocate for state and federal legislation,
appropriations and policies on behalf of individuals with developmental disabilities
as authorized by federal law;
(5)
oversee operations of the Council for integrity, effectiveness,
and efficiency;
(6)
approve personnel policies that provide for the selection,
supervision, and evaluation of the executive director and staff;
(7)
ensure projects and activities comply with all applicable
federal and state requirements; and
(8)
other responsibilities as provided by Council policies.
§876.5.TCDD State Plan.
The Council develops and submits the "TCDD State Plan for Texans with
Developmental Disabilities" in a manner consistent with federal law and regulations.
The state plan may be revised and updated after public review and comment
as provided by the federal requirements. The plan is available from the offices
of the Texas Council for Developmental Disabilities.
§876.6.Powers and Duties of the Executive Director.
The executive director is responsible for the effective and efficient
administration of the affairs of the Council subject to applicable laws and
this chapter and under the general direction of the Council. The director
shall select, supervise and evaluate staff to implement Council approved activities
consistent with policies approved by the Council. The director may delegate
responsibilities to Council staff as appropriate.
§876.7.Committees of the Council.
The Council may establish standing and special committees of Council
members to expedite the work of the Council. Members shall be appointed to
Committees in the manner provided by Council policies.
§876.8.Standards of Conduct.
(a)
Standards of conduct of members and employees of the council
are governed by Texas Government Code Annotated, Chapter 572, and by Human
Resources Code Chapter 112.0161.
(b)
Council members and staff shall adhere to the conflict
of interest policy approved by the Council.
§876.9.Charges for Access to Public Records.
(a)
The charge to any person requesting copies of any public
record of the Council will be the charge established by the Buildings and
Procurements Commission at 1 TAC §§111.61-111.70.
(b)
The Council may reduce or waive these charges at the discretion
of the executive director if there is a public benefit.
§876.10.Petition for Rules or Changes to Rules.
Any interested person may petition the Council for a rule or rule change
by submitting a request to the executive director in a manner and form as
directed by the Council, consistent with state law.
§876.11.Applicability of Open Meetings Act.
(a)
The official minutes of all Council and committee meetings
are kept in TCDD staff offices, are posted on the TCDD website, and are available
for public review as authorized by the Open Meetings Act.
(b)
Opportunities to provide public comments are provided at
each Council and committee meeting. The chair of the Council or committee
may limit each person presenting public comments or public testimony on any
agenda item to a certain number of minutes by announcing the period when comments
or testimony are given.
§876.12.Alternative Dispute Resolution.
The dispute resolution process provided for in Chapter 2260 of the
Government Code shall be used by the State and any other party to attempt
to resolve any claim for breach of contract made by any party against the
State as applicable.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 28, 2003.
TRD-200304538
Roger A. Webb
Executive Director
Texas Council for Developmental Disabilities
Earliest possible date of adoption: September 7, 2003
For further information, please call: (512) 437-5432
40 TAC §876.4
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Council for Developmental Disabilities or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Human Resources
Code, Title 7, Chapter 112.020(b)(1), which provides TCDD with the authority
to prescribe, adopt, and enforce rules.
No other statute, article or code is affected by the repeal.
§876.4.Organization.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on July 28, 2003.
TRD-200304539
Roger A. Webb
Executive Director
Texas Council for Developmental Disabilities
Earliest possible date of adoption: September 7, 2003
For further information, please call: (512) 437-5432
The Texas Council for Developmental Disabilities (TCDD) proposes to
repeal §877.1 and §877.2 and new §§877.1-877.5, concerning
grant awards. The sections are being revised to update rules transferred to
the Texas Council for Developmental Disabilities by the Texas Rehabilitation
Commission following passage of HB 1610 by the 76th Texas Legislature that
became effective September 1, 1999. The proposed revisions update rules consistent
with TCDD policies and procedures and provide the public with information
about TCDD processes and procedures.
Roger A. Webb, Executive Officer, TCDD, has determined that the sections
will not result in any fiscal implications to the state or to units of local
government for the first five year period.
Mr. Webb also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be updated rules that are consistent with TCDD policies
and procedures. There will be no effect on small businesses. There are no
anticipated economic costs to persons who are required to comply with the
sections as proposed.
Comments on the sections may be submitted to: Roger A. Webb, TCDD Executive
Director 6201 East Oltorf, Suite 600 Austin, Texas 78741.
(1)
Commission--Texas Rehabilitation
Commission.]
(2)
Commissioner--Executive head
of the Texas Rehabilitation Commission.]
(3)
] Council --Texas [
Planning
] Council for Developmental Disabilities.
(4)
] Designated State agency --
The State agency designated by the governor to provide administrative support
to the Council.
(5)
Developmental disability--A
severe, chronic disability of an individual 5 years of age or older that:]
(A)
is attributable to a mental or physical impairment
or combination of mental and physical impairments;]
(B)
is manifested before the person attains age
22;]
(C)
is likely to continue indefinitely;]
(D)
results in substantial functional limitations
in three or more of the following areas of major life activity:]
(i)
self-care;]
(ii)
receptive and expressive language;]
(iii)
learning;]
(iv)
mobility;]
(v)
self-direction;]
(vi)
capacity for independent living; or ]
(vii)
economic sufficiency; and ]
(E)
reflects the person's need for a combination
and sequence of special, interdisciplinary, or generic services, supports
or other assistance that is of lifelong or extended duration and are individually
planned and coordinated, except that such term, when applied to infants and
young children means individuals from birth to age 5, inclusive, who have
a substantial developmental delay or specific congenital or acquired conditions
with a high probability of resulting in developmental disabilities if services
are not provided.]
(6)
] Executive director -- Chief
administrative officer of the Texas [
Planning
] Council for Developmental
Disabilities.
(7)
] Grant -
An award of financial
assistance, including cooperative agreeements, in the form of money, property
provided in lieu of money, or other financial assistance paid or furnished
by the Council to an eligible recipient to carry out a program in accordance
with the rules, regulations and guidance provided by the Council
[
Money or property provided in lieu of money paid or furnished by the commission/council
to an eligible recipient under a program that provides financial assistance
or provided by contract
].
(8)
State plan--Plan submitted
by the Council and approved by the secretary, Department of Health and Human
Services, which sets out the specific objectives to be achieved under the
plan, a listing of the programs and resources to be used to meet such objectives,
and other related matters.]
Basis ].
state laws and
] regulations are adopted by reference into this part:
(1)
Developmental Disabilities
Services and Facilities Construction Act (Public Law 91-517);]
(2)
Developmental Disabilities
Assistance and Bill of Rights Act (Public Law 94-103);]
(3)
Developmental Disabilities
Assistance and Bill of Rights Act, as amended (Public Law 97-35);]
(4)
Developmental Disabilities
Act of 1984 (Public Law 98-527);]
(5)
Developmental Disabilities
Assistance and Bill of Rights Act Amendments of 1987 (Public Law 100-146);]
(6)
Developmental Disabilities
Assistance and Bill of Rights Act of 1990 (Public Law 101-496);]
(7)
Developmental Disabilities
Assistance and Bill of Rights Act of 1994 (Public Law 103-230);]
(8)
Developmental Disabilities
Assistance and Bill of Rights Act of 1996 (Public Law 104-183);]
(9)
] Developmental Disabilities
Program, 45 Code of Federal Regulations, Parts 1385-1387
.
[
; and
]
(10)
the Human Resources Code,
Texas Civil Statutes, Chapter 112, Developmental Disabilities.]
(a)
The Texas Planning Council
for Developmental Disabilities involving the federal Administration on Developmental
Disabilities and the Texas Rehabilitation Commission is a joint state-federal
program designed to promote the development of a consumer and family-centered,
comprehensive system and a coordinated array of culturally competent services,
supports, and other assistance designed to achieve independence, productivity,
and integration and inclusion into the community for individuals with developmental
disabilities.]
(b)
The council performs its responsibilities
through staff activities, project grants to public, nonprofit, or private
for-profit organizations and in other ways as determined within the state
plan.]
(c)
The council:]
(1)
develops and submits the state plan consistent
with requirements of the Developmental Disabilities Assistance and Bill of
Rights Act as amended;]
(2)
promotes the development of a consumer and
family-centered, comprehensive system and a coordinated array of culturally
competent services, supports, and other assistance designed to achieve independence,
productivity, and integration and inclusion into the community for individuals
with developmental disabilities and plans, coordinates, and evaluates those
services, supports and assistance;]
(3)
assures that all programs funded on behalf
of the Council meet standards which are designed to assure the most favorable
outcome for those served;]
(4)
assures compliance with appropriate federal
and state law;]
(5)
enters into a management agreement with the
commission, as designated state agency, which sets forth their respective
roles;]
(6)
initiates activities subject to the availability
of funds and in accordance with the state plan as prescribed by federal law;]
(7)
reviews and comments, to the maximum extent
feasible, on all state plans in the state which relate to programs affecting
individuals with developmental disabilities; and]
(8)
advocates for state and federal legislation,
appropriations, and policies on behalf of individuals with developmental disabilities.]
(d)
The commission, as the designated
state agency, carries out the functions set forth in applicable federal and
state laws and regulations and the management agreement with the Council.]
Chapter 877.
GRANT AWARDS