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A BILL TO BE ENTITLED
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AN ACT
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relating to measures designed to encourage and enable certain |
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persons with disabilities and their families to maintain employment |
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in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.0112(b), Education Code, is amended |
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to read as follows: |
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(b) The transition and employment guide must be written in |
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plain language and contain information specific to this state |
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regarding: |
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(1) transition services; |
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(2) employment and supported employment services; |
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(3) social security programs, including the Ticket to |
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Work Program authorized by the Ticket to Work and Work Incentives |
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Improvement Act of 1999 (Pub. L. No. 106-170); |
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(4) community and long-term services and support, |
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including the option to place the student on a waiting list with a |
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governmental agency for public benefits available to the student, |
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such as a waiver program established under Section 1915(c), Social |
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Security Act (42 U.S.C. Section 1396n(c)); |
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(5) postsecondary educational programs and services, |
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including the inventory maintained by the Texas Higher Education |
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Coordinating Board under Section 61.0663; |
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(6) information sharing with health and human services |
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agencies and providers; |
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(7) guardianship and alternatives to guardianship, |
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including a supported decision-making agreement under Chapter |
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1357, Estates Code; |
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(8) self-advocacy, person-directed planning, and |
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self-determination; [and] |
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(9) contact information for all relevant state |
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agencies; |
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(10) the Medicaid buy-in programs implemented under |
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Section 531.02444, Government Code; and |
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(11) other available work incentive programs. |
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SECTION 2. Section 531.02444, Government Code, is amended |
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by amending Subsections (a) and (b) and adding Subsection (d) to |
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read as follows: |
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(a) The executive commissioner shall develop and implement: |
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(1) a Medicaid buy-in program for persons with |
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disabilities whose household incomes do not exceed 300 percent of |
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the applicable federal poverty level as authorized by the Ticket to |
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Work and Work Incentives Improvement Act of 1999 (Pub. L. |
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No. 106-170) or the Balanced Budget Act of 1997 (Pub. L. |
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No. 105-33); and |
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(2) as authorized by the Deficit Reduction Act of 2005 |
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(Pub. L. No. 109-171), a Medicaid buy-in program for children with |
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disabilities [that is] described by 42 U.S.C. Section 1396a(cc)(1) |
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whose family incomes do not exceed 300 percent of the applicable |
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federal poverty level. |
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(b) Subject to Subsection (c), the [The] executive |
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commissioner shall adopt rules in accordance with federal law that |
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provide for: |
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(1) eligibility requirements for each program |
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described by Subsection (a); and |
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(2) requirements for participants in the program to |
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pay premiums or cost-sharing payments, subject to Subsection (c). |
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(d) In adopting rules under Subsection (b), the executive |
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commissioner may not: |
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(1) set a household or family income limit for |
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eligibility for a program described by Subsection (a)(1) or (2) |
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that is less than the maximum amount prescribed by Subsection (a) |
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for the program; or |
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(2) impose resource limits for eligibility for either |
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program. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2021. |