78R7773 JJT-F

By:  Rodriguez                                                    H.B. No. 1748



A BILL TO BE ENTITLED

AN ACT

relating to a study of opportunities for continued employment of 
employees of state schools for persons with mental retardation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The Texas Department of Mental Health and Mental 
Retardation shall conduct a study of actions the department may 
take to ensure the continued employment, by the state or by other 
employers, of the employees working at state schools for persons 
with mental retardation in the event of state school closure.
	SECTION 2.  In conducting the study required by Section 1 of 
this Act, the Texas Department of Mental Health and Mental 
Retardation shall solicit the opinions and suggestions of 
interested persons, including advocates for persons with 
disabilities, the Texas State Employees Union and other employee 
organizations, and providers of services to persons with 
disabilities.
	SECTION 3.  In conducting the study required by Section 1 of 
this Act, the Texas Department of Mental Health and Mental 
Retardation shall consider all available options to ensure 
continued employment, including the feasibility of:
		(1)  state-provided community-based services to  
persons with mental retardation; and
		(2)  a partnership between the state and private 
providers of services to persons with mental retardation or other 
disabilities to transfer state employees to work under contract 
between the provider and the state.
	SECTION 4.  (a)  The Texas Department of Mental Health and 
Mental Retardation may take action to ensure the continued 
employment, by the state or by other employers, of employees 
working at state schools for persons with mental retardation in 
accordance with the department's conclusions resulting from the 
study required by Section 1 of this Act.
	(b)  The Texas Department of Mental Health and Mental 
Retardation shall report to the legislature and the governor the 
conclusions of the study conducted under this Act.  The report must 
include recommendations for legislation necessary to accomplish 
viable schemes for continued employment, by the state or by other 
employers, of  employees working at state schools for persons with 
mental retardation if the department finds alternatives not 
authorized by law.  The department must present the report required 
by this subsection to the speaker of the house of representatives, 
the lieutenant governor, and the governor not later than December 
1, 2004.
	SECTION 5.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.