AUTISM AND PERVASIVE DEVELOPMENTAL DISORDERS

Tex. HUM. RES Code ch. 114

in effect

Tex. HUM. RES Code § 114.002. DEFINITIONS.

In this chapter: (1) "Autism and other pervasive developmental disorders" means a subclass of mental disorders characterized by distortions in the development of multiple basic psychological functions that are involved in the development of social skills and language, as defined by the Diagnostic and Statistical Manual (DSM-5), 5th Edition. (1-a) "Commission" means the Health and Human Services Commission. (2) "Council" means the Texas Council on Autism and Pervasive Developmental Disorders. (3) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1, 1987. Acts 2013, 83rd Leg., R.S., Ch. 536 (S.B. 519 ), Sec. 1, eff. September 1, 2013.

Tex. HUM. RES Code § 114.006. STATE PLAN.

(a) The council shall develop a state plan to provide services to persons with autism or other pervasive developmental disorders to ensure that: (1) the needs of those persons and their families are addressed statewide and that all available resources are coordinated to meet those needs; (2) within existing resources, the full range of services that are available through existing state agencies is offered to those persons throughout their lives to the maximum extent possible; (3) personnel training needs are assessed statewide and strategies are developed to meet those needs; (4) incentives are offered to private sources to encourage the sources to maintain present commitments and to assist in developing new programs; and (5) a procedure for reviewing individual complaints about services provided under this chapter is implemented. (b) The council shall make written recommendations on the implementation of this chapter. If the council considers a recommendation that will affect another state agency, the council shall seek the advice and assistance of the agency before taking action on the recommendation. On approval of the governing body of the agency, each agency affected by a council recommendation shall implement the recommendation. If an agency does not have sufficient funds to implement a recommendation, the agency shall request funds for that purpose in its next budget proposal. (c) Repealed by Acts 2001, 77th Leg., ch. 78, Sec. 3, eff. Sept. 1, 2001. Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 78, Sec. 3, eff. Sept. 1, 2001.

Tex. HUM. RES Code § 114.007. DUTIES.

(a) Expired. (b) The council with input from people with autism and other pervasive developmental disorders, their families, and related advocacy organizations shall address contemporary issues affecting services available to persons with autism or other pervasive developmental disorders in this state, including: (1) successful intervention and treatment strategies, including transitioning; (2) personnel preparation and continuing education; (3) referral, screening, and evaluation services; (4) day care, respite care, or residential care services; (5) vocational and adult training programs; (6) public awareness strategies; (7) contemporary research; (8) early identification strategies; (9) family counseling and case management; and (10) recommendations for monitoring autism service programs. (c) The council with input from people with autism and other pervasive developmental disorders, their families, and related advocacy organizations shall advise the legislature on legislation that is needed to develop further and to maintain a statewide system of quality intervention and treatment services for all persons with autism or other pervasive developmental disorders. The council may develop and recommend legislation to the legislature or comment on pending legislation that affects those persons. (d) The council shall identify and monitor apparent gaps in services currently available from various state agencies for persons with autism or other pervasive developmental disorders and shall advocate improvements on behalf of those persons. Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1, 1987.

Tex. HUM. RES Code § 114.008. REPORT.

(a) Not later than November 1 of each even-numbered year, the council shall: (1) prepare a report summarizing requirements the council identifies and recommendations for providing additional or improved services to persons with autism or other pervasive developmental disorders; and (2) deliver the report to the governor, the lieutenant governor, and the speaker of the house of representatives. (b) The council shall develop a strategy for establishing new programs to meet the requirements identified through the council's review and assessment and from input from people with autism and related pervasive developmental disorders, their families, and related advocacy organizations. Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1, 1987. Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59 ), Sec. 73, eff. September 1, 2013.

Tex. HUM. RES Code § 114.009. PROGRAM GUIDELINES.

The council shall develop specific program guidelines for: (1) instructional or treatment options; (2) frequency and duration of services; (3) ratio of staff to affected persons; (4) staff composition and qualifications; (5) eligibility determination; and (6) other program features designed to ensure the provision of quality services. Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1, 1987.

Tex. HUM. RES Code § 114.010. FUNDING REQUESTS FOR PROGRAMS.

(a) A public or private service provider may apply for available funds to provide a program of intervention services for eligible persons with autism or other pervasive developmental disorders in areas of identified needs. (b) To apply for funds, a person must submit a grant request to the council. (c) The council shall adopt rules governing the submission and processing of funding requests. Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1, 1987.

Tex. HUM. RES Code § 114.011. APPROVAL CRITERIA.

(a) The council shall review each request for program funding on a competitive basis and shall consider: (1) the extent to which the program would meet identified needs; (2) the cost of initiating the program, if applicable; (3) whether other funding sources are available; (4) the proposed cost of the services to the client or the client's family; and (5) the assurance of quality services. (b) The council may not approve a funding request for a new program unless the service provider agrees to: (1) operate and maintain the program within the guidelines established by the council; (2) develop for each person with autism or other pervasive developmental disorders an individualized developmental plan that: (A) includes family participation and periodic review and reevaluation; and (B) is based on a comprehensive developmental evaluation conducted by an interdisciplinary team; (3) provide services to meet the unique needs of each person with autism or other pervasive developmental disorders as indicated by the person's individualized developmental plan; and (4) develop a method in accordance with rules adopted by the council and approved by the council to respond to individual complaints relating to services provided by the program. (c) The council shall develop with the Health and Human Services Commission and any agency designated by the commission procedures for allocating available funds to programs approved under this section. (d) This chapter does not affect the existing authority of a state agency to provide services to a person with autism or other pervasive developmental disorders if the person meets the eligibility criteria established by this chapter. The council may modify the program standards if the council considers the modifications necessary for a particular program. Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1, 1987.

Tex. HUM. RES Code § 114.012. FEES FOR SERVICES.

(a) A service provider may charge a fee for services that is based on the client's or family's ability to pay. The fee must be used to offset the cost of providing or securing the services. If a service provider charges a fee, the provider must charge a separate fee for each type of service. In determining a client's or family's ability to pay for services, the provider must consider the availability of financial assistance or other benefits for which the client or family may be eligible. (b) A state agency may charge a fee for services provided by the agency under this chapter that is based on the client's or family's ability to pay. Added by Acts 1987, 70th Leg., ch. 956, Sec. 9.01, eff. Sept. 1, 1987.

Tex. HUM. RES Code § 114.013. COORDINATION OF RESOURCES FOR INDIVIDUALS WITH AUTISM SPECTRUM DISORDERS.

(a) The commission shall coordinate resources for individuals with autism and other pervasive developmental disorders and their families. In coordinating those resources, the commission shall consult with appropriate state agencies. (b) As part of coordinating resources under Subsection (a), the commission shall: (1) collect and distribute information and research regarding autism and other pervasive developmental disorders; (2) conduct training and development activities for persons who may interact with an individual with autism or another pervasive developmental disorder in the course of their employment, including school, medical, and law enforcement personnel, and personnel of the Department of Family and Protective Services; (3) coordinate with local entities that provide services to an individual with autism or another pervasive developmental disorder; and (4) provide support for families affected by autism and other pervasive developmental disorders. (c) The commission shall ensure that training and development activities under this section are: (1) evidenced-based; (2) applicable to the professional role of each type of personnel to be trained under Subsection (b)(2); and (3) instructive regarding means of effectively communicating and engaging with individuals with limited social or verbal abilities. (d) At least once every five years, in consultation with an institution of higher education, the commission shall revise the materials and methods for the training and development activities to be provided under Subsection (b)(2). Added by Acts 2009, 81st Leg., R.S., Ch. 177 (H.B. 1574 ), Sec. 1, eff. September 1, 2009.

Tex. HUM. RES Code § 114.0031. ADMINISTRATION OF CHAPTER; CERTAIN REFERENCES.

(a) Notwithstanding any other provision in this chapter, the executive commissioner shall administer this chapter beginning on the date specified in the transition plan under Section 531.0204 , Government Code, and the commission shall perform the duties and functions of the Texas Council on Autism and Pervasive Developmental Disorders in the organizational form the executive commissioner determines appropriate. (b) Following the assumption of the administration of this chapter by the executive commissioner and the duties and functions by the commission in accordance with Subsection (a): (1) a reference in this chapter to the council, the Texas Council on Autism and Pervasive Developmental Disorders, or an agency represented on the council means the commission, the division or other organizational unit within the commission designated by the executive commissioner, or the executive commissioner, as appropriate; and (2) a reference in any other law to the Texas Council on Autism and Pervasive Developmental Disorders has the meaning assigned by Subdivision (1). Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200 ), Sec. 1.22(c), eff. September 1, 2015.

Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026