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Governor Designates TEA to Provide Administrative Support

Legal Authorization

Governor Rick Perry issued an Executive Order on Sept. 9, 2004, designating the Texas Education Agency (TEA) as the state agency to provide administrative support to the Texas Council for Developmental Disabilities.

Background

The federal Developmental Disabilities Act (DD Act) provides for each state to have a developmental disabilities council and to designate an agency to provide administrative support to its council. The designated state agency (DSA) is responsible to provide fiscal and accounting services, human resources services and other administrative supports as requested by the council. Since 1983, the Texas Rehabilitation Commission (TRC) served in this capacity for the state.

Amendments to the DD Act in the mid-80’s provided that any new DSA cannot be an agency that provides or pays for services for people with developmental disabilities, given the inherent potential for conflict with the council’s authority to advocate for individuals with developmental disabilities. TRC was grandfathered in as the DSA in Texas, consistent with provisions in the amendments at that time.

TRC was abolished in 2004 as part of the reorganization of health and human services required by House Bill 2292, which was passed by the Texas Legislature in 2003.  Federal authorities determined that a new designation would be required and that neither the Department of Assistive and Rehabilitative Services (DARS) nor the Health and Human Services Commission (HHSC) would be allowable since they both provide or pay for services to individuals with developmental disabilities.  After extensive discussions with staff of Governor Rick Perry, a determination was made to designate TEA as the TCDD’s designated state agency. (Please note that TEA does not provide services. Rather, local independent school districts, each with a locally elected board, are responsible to provide public education services to students in their districts.)

Since this change is primarily “behind the scenes,” the Council does not anticipate that it will cause any noticeable difference in TCDD operations or activities.

Text of the Executive Order

Seal of the Governor of Texas

Executive Order
BY THE GOVERNOR OF THE STATE OF TEXAS

Executive Department
Austin, Texas
September 9, 2004
EXECUTIVE ORDER RP 37

Relating to the designation of the Texas Education Agency as the state agency to provide administrative support services for the state developmental disabilities council

WHEREAS, the Developmental Disabilities Assistance and Bill of Rights Act as amended (42 USC 15001 et seq.) requires the state to designate a state agency to provide administrative and fiscal support services for the
state developmental disabilities council; and

WHEREAS, Chapter 112 of the Texas Human Resources Code provides for the Governor to designate by Executive Order a state agency to provide administrative support to the Texas Council for Developmental Disabilities; and

WHEREAS, in 1983, the Texas Governor designated the Texas Rehabilitation Commission to provide administrative support to the Council; and

WHEREAS, House Bill No. 2292 passed by the 78th Texas Legislature consolidated various health and human services programs and functions and abolished the Texas Rehabilitation Commission; and

WHEREAS, the United States Department of Health and Human Services, Administration on Children and Families, Administration on Developmental Disabilities has determined that a new designation is required; and

WHEREAS, the non-agency members of the Council strongly support this new designation;

NOW, THEREFORE, I, Rick Perry, Governor of the State of Texas, by virtue of the power and authority vested in me by the Constitution and laws of the State of Texas, and acting pursuant to Chapter 112 Human Resources Code, do hereby order the following:

  • The Texas Education Agency shall be designated as the state agency to provide administrative support to the Texas Council for Developmental Disabilities (“Council”) consistent with Section 15025(d) of the Developmental Disabilities Assistance and Bill of Rights Act, as amended (42 U.S.C.15001 et seq.).

  • The Texas Education Agency and the Council may jointly agree for the Council to contract for certain administrative services and supports from other state agencies or private entities as requested by and negotiated with the Council when such arrangements are determined efficient and effective.

  • The Commissioner of the Department of Assistive and Rehabilitative Services, or his staff, shall coordinate the transfer of appropriations authorities for the Council to the Texas Education Agency including the Council’s full time equivalent positions, expenditure history, capital budget authority, and other authorizations and fiscal matters.

  • The Texas Council for Development Disabilities and Texas Education Agency shall enter into a memorandum of understanding addressing the responsibilities of the Texas Education Agency as the designated state agency for the Council.

This executive order supersedes all previous orders inconsistent with its terms and shall remain in effect and in full force until modified, amended, rescinded, or superseded by me or by a succeeding Governor.

Given under my hand this the 9th day of September, 2004.

RICK PERRY
Governor

Attested by:
GEOFFREY S. CONNOR
Secretary of State

Texas Education Agency

Texas Education Agency

The Texas Education Agency is the administrative unit for primary and secondary public education in Texas. The agency’s mission is to provide leadership, guidance and resources to help schools meet the educational needs of all students. Visit the TEA website to learn more about the agency.