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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. 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) either: |
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(A) 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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(i) [(A)] represents a substantial risk of |
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physical impairment or injury to the proposed resident or others; |
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or |
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(ii) [(B)] is unable to provide for and is |
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not providing for the proposed resident's most basic personal |
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physical needs; or |
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(B) the guardian of the proposed resident or, if |
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the proposed resident is a minor, the parent of the proposed |
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resident petitions the court to issue a commitment order; |
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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 2. This Act takes effect September 1, 2023. |