By Naishtat                                           H.B. No. 3341
         76R6383 JJT-F                           
                                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
1-22     be provided in accordance with rules of the Texas Department of
1-23     Mental 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 allocate resources for the demonstration program so
2-10     that priority is given to communities that:
2-11                 (1)  have the greatest number of individuals with
2-12     mental illnesses who reside in personal care facilities;
2-13                 (2)  have supported housing plans that the Texas
2-14     Department of Mental Health and Mental Retardation and the Texas
2-15     Department of Housing and Community Affairs have found to be
2-16     consistent with the purposes of the demonstration program; and
2-17                 (3)  serve primarily individuals with mental illnesses
2-18     who reside in a facility the Texas Department of Human Services has
2-19     identified as a facility that does not comply with licensing rules
2-20     for personal care facilities.
2-21           (e)  The Texas Department of Mental Health and Mental
2-22     Retardation and the Texas Department of Housing and Community
2-23     Affairs by rule shall establish an application process for an
2-24     organization to provide services under the demonstration project.
2-25           (f)  The Texas Department of Mental Health and Mental
2-26     Retardation and the Texas Department of Housing and Community
2-27     Affairs shall establish a committee to supervise the design and
 3-1     implementation of the demonstration project.  The committee must
 3-2     include representatives of:
 3-3                 (1)  the Texas Department of Mental Health and Mental
 3-4     Retardation;
 3-5                 (2)  the Texas Department of Housing and Community
 3-6     Affairs;
 3-7                 (3)  the Texas Department of Human Services;
 3-8                 (4)  consumers of mental health services; and
 3-9                 (5)  advocates of persons with mental illness.
3-10           (g)  An organization may not be selected to provide services
3-11     under the demonstration project unless the organization
3-12     demonstrates collaboration between the organization and a public
3-13     housing authority, community housing development organization,
3-14     community development corporation, or other housing organization.
3-15     Organizations eligible to provide services under the demonstration
3-16     project include:
3-17                 (1)  a local mental health authority;
3-18                 (2)  an organization of consumers, or family members of
3-19     consumers, or both; or
3-20                 (3)  a nonprofit organization.
3-21           (h)  An individual is not eligible for assistance under the
3-22     demonstration project if the individual:
3-23                 (1)  does not have a mental illness;
3-24                 (2)  does not reside in a licensed or unlicensed
3-25     personal care facility at the time the individual is first offered
3-26     services under the demonstration project; or
3-27                 (3)  was placed in a licensed or unlicensed personal
 4-1     care facility for the sole purpose of becoming eligible for the
 4-2     demonstration project.
 4-3           SECTION 2.  (a)  The Texas Department of Mental Health and
 4-4     Mental Retardation and the Texas Department of Housing and
 4-5     Community Affairs shall implement the demonstration project
 4-6     required by Section 1 of this Act as soon as possible after the
 4-7     effective date of this Act and not later than January 1, 2000.
 4-8           (b)  On or before January 15, 2001, the Texas Department of
 4-9     Mental Health and Mental Retardation and the Texas Department of
4-10     Housing and Community Affairs shall make a joint report to the
4-11     governor, the lieutenant governor, and the speaker of the house of
4-12     representatives.  The report must include an evaluation of the
4-13     demonstration project's benefits for individuals who received
4-14     services and recommendations on the continuation or termination of
4-15     the project or commencement of a similar project.
4-16           SECTION 3.  This Act expires August 31, 2001.
4-17           SECTION 4.  The importance of this legislation and the
4-18     crowded condition of the calendars in both houses create an
4-19     emergency and an imperative public necessity that the
4-20     constitutional rule requiring bills to be read on three several
4-21     days in each house be suspended, and this rule is hereby suspended,
4-22     and that this Act take effect and be in force from and after its
4-23     passage, and it is so enacted.