By Armbrister                                         S.B. No. 1382
         77R7851 CBH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to facilities and services available to a person with
 1-3     mental retardation.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 533.038, Health and Safety Code, is
 1-6     amended by amending Subsections (d)-(f) and adding Subsection (g)
 1-7     to read as follows:
 1-8           (d)  The department shall provide to a [A] person with mental
 1-9     retardation, or to the [a] person's legally authorized
1-10     representative, seeking residential services [shall receive] a
1-11     clear explanation of programs and services for which the person is
1-12     determined to be eligible, including state schools, community
1-13     ICF-MR programs, waiver services under Section 1915(c) of the
1-14     federal Social Security Act (42 U.S.C. Section 1396n(c)), or other
1-15     services and the number of openings available in each setting.  The
1-16     preferred programs and services chosen by the person or the
1-17     person's legally authorized representative shall be documented in
1-18     the person's record.  If the preferred programs or services are not
1-19     available, the person or the person's legally authorized
1-20     representative shall be given assistance in gaining access to
1-21     alternative services and the selected waiting list.  The department
1-22     shall honor the program and services preferences of the person or
1-23     the person's legally authorized representative to the maximum
1-24     extent openings are available in that program or service.
 2-1           (e)  The department may not deny to a person eligibility for
 2-2     admission to a state school if the person or the person's legally
 2-3     authorized representative requests  that admission, regardless of
 2-4     whether it is appropriate for the person to receive services in a
 2-5     less restrictive setting. The department may not deny admission or
 2-6     readmission of a person to a state school on the basis of the
 2-7     person's score on the inventory for client and agency planning
 2-8     assessment instrument if:
 2-9                 (1)  the person or the person's legally authorized
2-10     representative requests that admission or readmission; and
2-11                 (2)  the state school admitting personnel or the
2-12     appropriate interdisciplinary team believes that the person will
2-13     function at least as well in the state school as the person will
2-14     function in a community group home.
2-15           (f)  The department shall ensure that the information
2-16     regarding program and service preferences collected under
2-17     Subsection (d) is documented and maintained in a manner that
2-18     permits the department to access and use the information for
2-19     planning activities conducted under Section 533.032.
2-20           (g) [(f)]  The department may spend money appropriated for
2-21     the state school system only in accordance with limitations imposed
2-22     by the General Appropriations Act.  However, the department shall
2-23     fully use the beds available in the state school system.
2-24           SECTION 2.  This Act takes effect September 1, 2001.