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A BILL TO BE ENTITLED
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AN ACT
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relating to the commitment order for individuals with intellectual |
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disabilities who are committed to state supported living centers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 593.013, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 593.013. [REQUIREMENT OF] INTERDISCIPLINARY TEAM |
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RECOMMENDATION. |
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SECTION 2. Section 593.013(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 593.0511, a [A] person may |
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not be admitted or committed to a residential care facility unless |
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an interdisciplinary team recommends that placement. |
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SECTION 3. Section 593.041(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) Except as provided by Section 593.0511, a [A] person may |
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not be committed to the department for placement in a residential |
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care facility under this subchapter unless a report by an |
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interdisciplinary team recommending the placement has been |
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completed during the six months preceding the date of the court |
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hearing on the application. If the report and recommendations have |
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not been completed or revised during that period, the court shall |
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order the report and recommendations on receiving the application. |
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SECTION 4. Section 593.050(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) The Texas Rules of Evidence apply. The results of the |
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determination of an intellectual disability and the current |
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interdisciplinary team report and recommendations, except in the |
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case of a long-term placement under Section 593.0511, shall be |
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presented in evidence. |
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SECTION 5. Subchapter C, Chapter 593, Health and Safety |
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Code, is amended by adding Section 593.0511 to read as follows: |
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Sec. 593.0511. LONG-TERM PLACEMENT WITHOUT |
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INTERDISCIPLINARY TEAM RECOMMENDATION. A court may commit a |
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proposed resident to long-term placement in a residential care |
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facility without an interdisciplinary team recommendation under |
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Section 593.013 if the court determines beyond a reasonable doubt |
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that the proposed resident meets the requirements for commitment to |
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a residential care facility under Section 593.052. |
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SECTION 6. Section 593.052(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A proposed resident may not be committed to a |
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residential care facility unless: |
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(1) the proposed resident is a person with an |
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intellectual disability; |
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(2) a petition to the court to issue a commitment order |
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by the guardian of the proposed resident or, if the proposed |
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resident is a minor, the parent of the proposed resident or the |
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current interdisciplinary team report and recommendations, if |
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applicable, show [evidence is presented showing] that because of |
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the proposed resident's intellectual disability, the proposed |
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resident: |
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(A) represents a substantial risk of physical |
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impairment or injury to the proposed resident or others; or |
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(B) is unable to provide for and is not providing |
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for the proposed resident's most basic personal physical needs; |
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(3) the proposed resident cannot be adequately and |
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appropriately habilitated in an available, less restrictive |
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setting; and |
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(4) the residential care facility provides |
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habilitative services, care, training, and treatment appropriate |
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to the proposed resident's needs. |
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SECTION 7. This Act takes effect September 1, 2023. |