Amend CSSB 367 as follows:
      (1)  In SECTION 1 of the bill, at the end of proposed Section
531.0244(d), Government Code (Senate committee printing, page 2,
line 9), insert "A health and human services agency may deny the
person access to an institution or remove the person from an
institution to protect the person's health or safety."
      (2)  In SECTION 1 of the bill, following proposed Section
531.0244(d), Government Code (Senate committee printing, page 2,
between lines 9 and 10), insert the following subsection and
reletter the remaining subsection accordingly:
      (e)  Each appropriate health and human services agency shall
implement the strategies and recommendations under the plan
required by Subsection (a)  subject to the availability of funds.
      (3)  In SECTION 1 of the bill, in proposed Section
531.02441(d), Government Code (Senate committee printing, page 2,
lines 37 and 38), strike "presiding officer." and substitute
"commissioner."
      (4)  In SECTION 1 of the bill, strike proposed Section
531.02441(h)(2), Government Code (Senate committee printing, page
2, lines 66 and 67), and substitute the following:
            (2)  determining the health and human services
agencies' availability of community care and support options
relating to all persons described by Subdivision (1);
      (5)  In SECTION 1 of the bill, strike proposed Section
531.02441(j), Government Code (Senate committee printing, page 3,
line 5).
      (6)  In SECTION 2 of the bill, strike amended Sections
531.042(c) and (d), Government Code, and added Section 531.042(e),
Government Code (Senate committee printing, page 4, lines 11-34),
and substitute the following:
      (c)  A health and human services agency that provides a
patient, client, or other person as required by this section with
information regarding care and support options available to the
patient or client shall assist the patient, client, or other person
in taking advantage of an option selected by the patient, client,
or other person, subject to the availability of funds. If the
selected option is not immediately available for any reason, the
agency shall provide assistance in placing the patient or client on
a waiting list for that option <guardian with information as
provided by commission rules shall obtain a statement signed by the
patient or client, and, if the patient or client has a guardian, by
the patient's or client's guardian, that the patient or client has
been informed about community-based care and support options as
required by commission rules.  The agency shall retain a copy of
each signed statement in the patient's or client's case records>.
      (d)  Each health and human services agency annually and as
provided by commission rule shall report to the legislature
<commission> the number of community-based service placements and
residential-care placements the agency makes.
      (7)  In SECTION 4 of the bill, strike added Section
22.037(a)(1), Human Resources Code (Senate committee printing, page
5, lines 14-23), and substitute the following:
            (1)  "Institution" means:
                  (A)  an ICF-MR, as defined by Section 531.002,
Health and Safety Code;
                  (B)  a nursing facility; or
                  (C)  an institution for the mentally retarded
licensed or operated by the Department of Protective and Regulatory
Services.
      (8)  In SECTION 4 of the bill, strike added Section
22.037(c)(2), Human Resources Code (Senate committee printing, page
5, lines 51-65), and substitute the following:
            (2)  a program under which physicians who treat persons
with disabilities and hospital discharge staff are:
                  (A)  educated about the availability of
community-based alternatives to institutionalization to reduce the
number of persons inappropriately placed in an institution; and
                  (B)  required to inform a person with a
disability and any other person required to be provided information
under Section 531.042, Government Code, of all care and support
options available to the person with the disability, including
community-based care and support options, before that person makes
a decision regarding a long-term care placement;
      (9)  In SECTION 4 of the bill, strike added Sections
22.037(d), (e), (f), and (g), Human Resources Code (Senate
committee printing, page 6, lines 19-47), and reletter the
remaining subsections accordingly.
      (10)  In SECTION 7 of the bill (Senate Committee printing,
page 7, lines 39 and 40), strike "and shall obtain the statement
required by that section".