76R11462 JJT-F By Naishtat H.B. No. 3341 Substitute the following for H.B. No. 3341: By Chavez C.S.H.B. No. 3341 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to housing, rehabilitation, and support needs of 1-3 individuals with mental illnesses who reside in certain personal 1-4 care facilities. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. (a) The Texas Department of Mental Health and 1-7 Mental Retardation and the Texas Department of Housing and 1-8 Community Affairs shall implement a program to demonstrate the 1-9 effectiveness of interagency cooperation for providing supported 1-10 housing services to individuals with mental illness who reside in 1-11 personal care facilities. 1-12 (b) The Texas Department of Mental Health and Mental 1-13 Retardation and the Texas Department of Housing and Community 1-14 Affairs shall design the supported housing services to give 1-15 individualized assistance to persons to acquire and retain living 1-16 arrangements that are: 1-17 (1) typical of the general population in the area in 1-18 which the services are provided; and 1-19 (2) located among residences of individuals who are 1-20 not receiving the services. 1-21 (c) The supported housing services under the program must be 1-22 provided in accordance with rules of the Texas Department of Mental 1-23 Health and Mental Retardation and may include: 1-24 (1) rental assistance for an individual who: 2-1 (A) meets income guidelines of the Texas 2-2 Department of Housing and Community Affairs; and 2-3 (B) is not receiving housing assistance from the 2-4 federal government; 2-5 (2) consumer rehabilitation services; and 2-6 (3) support services. 2-7 (d) The Texas Department of Mental Health and Mental 2-8 Retardation and the Texas Department of Housing and Community 2-9 Affairs shall work with the Texas Department of Human Services to 2-10 allocate resources for the demonstration program so that priority 2-11 is given to communities that: 2-12 (1) have the greatest number of personal care 2-13 facilities and facilities that do not comply with licensing rules 2-14 for personal care facilities; and 2-15 (2) have supported housing plans that the Texas 2-16 Department of Mental Health and Mental Retardation and the Texas 2-17 Department of Housing and Community Affairs have found to be 2-18 consistent with the purposes of the demonstration program. 2-19 (e) The Texas Department of Mental Health and Mental 2-20 Retardation and the Texas Department of Housing and Community 2-21 Affairs shall establish an application process for communities that 2-22 seek to participate in the demonstration program. 2-23 (f) The Texas Department of Mental Health and Mental 2-24 Retardation and the Texas Department of Housing and Community 2-25 Affairs shall establish a committee to supervise the design and 2-26 implementation of the demonstration program. The committee must 2-27 include representatives of: 3-1 (1) the Texas Department of Mental Health and Mental 3-2 Retardation; 3-3 (2) the Texas Department of Housing and Community 3-4 Affairs; 3-5 (3) the Texas Department of Human Services; 3-6 (4) consumers of mental health services; and 3-7 (5) advocates of persons with mental illness. 3-8 (g) A community may not be selected to participate in the 3-9 demonstration program unless the person that applies for the 3-10 community's participation demonstrates collaboration between the 3-11 local mental health authority and a public housing authority, 3-12 community housing development organization, community development 3-13 corporation, or other housing organization. 3-14 (h) An individual is not eligible for assistance under the 3-15 demonstration program if the individual: 3-16 (1) does not have a mental illness; 3-17 (2) does not reside in a licensed or unlicensed 3-18 personal care facility at the time the individual is first offered 3-19 services under the demonstration program; or 3-20 (3) was placed in a licensed or unlicensed personal 3-21 care facility for the sole purpose of becoming eligible for the 3-22 demonstration program. 3-23 SECTION 2. (a) The Texas Department of Mental Health and 3-24 Mental Retardation and the Texas Department of Housing and 3-25 Community Affairs shall implement the demonstration program 3-26 required by Section 1 of this Act as soon as possible after the 3-27 effective date of this Act and not later than January 1, 2000. 4-1 (b) On or before January 15, 2001, the Texas Department of 4-2 Mental Health and Mental Retardation and the Texas Department of 4-3 Housing and Community Affairs shall make a joint report to the 4-4 governor, the lieutenant governor, and the speaker of the house of 4-5 representatives. The report must include an evaluation of the 4-6 demonstration program's benefits for individuals who received 4-7 services and recommendations on the continuation or termination of 4-8 the project or commencement of a similar project. 4-9 SECTION 3. This Act expires August 31, 2001. 4-10 SECTION 4. The importance of this legislation and the 4-11 crowded condition of the calendars in both houses create an 4-12 emergency and an imperative public necessity that the 4-13 constitutional rule requiring bills to be read on three several 4-14 days in each house be suspended, and this rule is hereby suspended, 4-15 and that this Act take effect and be in force from and after its 4-16 passage, and it is so enacted.