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Texas Laws | Human Resource Code
HUMAN RESOURCES CODE
TITLE 7. REHABILITATION OF INDIVIDUALS WITH DISABILITIES

Added by Acts 1989, 71st Leg., ch. 1209, Sec. 1, eff. Sept. 1, 1989. (8734)

Amended by: (8735)

Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.21(d), eff. September 1, 2015. (8736)

For expiration of this section, see Section 112.0421(c), Human Resources Code. (8737)

Sec. 112.045. EXECUTIVE COMMITTEE. (8738)(Text)

(a) The executive committee is the governing body of the office. (8739)

(b) The executive committee is composed of nine members who have expertise in the field of developmental disabilities, of which three are appointed by the governor, three are appointed by the lieutenant governor, and three are appointed by the speaker of the house of representatives. Appointments to the executive committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. (8740)

(c) The members serve for staggered six-year terms, with the terms of three members expiring February 1 of each odd-numbered year. Executive committee members receive no compensation but are entitled to reimbursement of actual and necessary expenses incurred in the performance of their duties. (8741)

(d) The governor shall designate a member of the executive committee as the presiding officer of the executive committee to serve in that capacity at the will of the governor. (8742)

(e) The executive committee shall meet at least quarterly and shall adopt bylaws for the conduct of the meetings. (8743)

(f) Any actions taken by the executive committee must be approved by a majority vote of the members present. (8744)

(g) The executive committee shall establish policies and procedures to implement this subchapter. (8745)

Added by Acts 1989, 71st Leg., ch. 1209, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 557, Sec. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 751, Sec. 2, eff. Sept. 1, 1999. (8746)

For expiration of this section, see Section 112.0421(c), Human Resources Code. (8747)

Sec. 112.0451. CONFLICT OF INTEREST. (8748)(Text)

A person may not be a member of the executive committee or act as the general counsel to the executive committee or the office 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 office. (8749)

Added by Acts 1999, 76th Leg., ch. 751, Sec. 3, eff. Sept. 1, 1999. (8750)

For expiration of this section, see Section 112.0421(c), Human Resources Code. (8751)

Sec. 112.0452. REMOVAL OF EXECUTIVE COMMITTEE MEMBER. (8752)(Text)

(a) It is a ground for removal from the executive committee that a member: (8753)

(1) does not have at the time of taking office the qualifications required by Section 112.045; (8754)

(2) does not maintain during service on the executive committee the qualifications required by Section 112.045; (8755)

(3) is ineligible for membership under Section 112.045 or 112.0451; (8756)

(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or (8757)

(5) is absent from more than half of the regularly scheduled executive committee meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the executive committee. (8758)

(b) The validity of an action of the executive committee is not affected by the fact that it is taken when a ground for removal of an executive committee member exists. (8759)

(c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the executive 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 executive committee, who shall then notify the governor and the attorney general that a potential ground for removal exists. (8760)

Added by Acts 1999, 76th Leg., ch. 751, Sec. 3, eff. Sept. 1, 1999. (8761)

For expiration of this section, see Section 112.0421(c), Human Resources Code. (8762)

Sec. 112.0453. EXECUTIVE COMMITTEE MEMBER TRAINING. (8763)(Text)

(a) A person who is appointed to and qualifies for office as a member of the executive committee may not vote, deliberate, or be counted as a member in attendance at a meeting of the executive committee until the person completes a training program that complies with this section. (8764)

(b) The training program must provide the person with information regarding: (8765)

(1) the legislation that created the office and the executive committee; (8766)

(2) the programs operated by the office; (8767)

(3) the role and functions of the office; (8768)

(4) the rules of the office with an emphasis on the rules that relate to disciplinary and investigatory authority; (8769)

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