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78R3430 KEG-D

By:  Zaffirini                                                    S.B. No. 247



A BILL TO BE ENTITLED

AN ACT

relating to a lifetime care task force for certain persons with 
disabilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 531, Government Code, is 
amended by adding Section 531.063 to read as follows:
	Sec. 531.063.  LIFETIME CARE TASK FORCE.  (a) In this 
section, "person with a disability" means a person who has a 
physical or mental impairment that substantially limits one or more 
major life activities or has a record of such an impairment.
	(b)  The commission shall create a lifetime care task force 
to:       
		(1)  develop a methodology for analyzing quality of 
life issues and economic issues relevant to persons with a 
disability who receive long-term care services or assistance from 
this state;
		(2)  perform a case review for each person with a 
disability who receives long-term care services or assistance from 
this state; and
		(3)  for each person with a disability whose case is 
reviewed by the task force under Subdivision (2):
			(A)  assess the services and forms of assistance 
necessary to meet the long-term needs of that person; and
			(B)  develop a lifetime care plan for that person 
that includes:    
				(i)  a list of the long-term care services 
and forms of assistance that are critical in preventing 
complications associated with the person's disability; and
				(ii)  an estimate of monthly expenses for 
necessary care and commonly associated co-morbidities.
	(c)  The task force is composed of:                                     
		(1)  one representative of the commission, appointed by 
the commissioner;
		(2)  one representative of the Texas Department of 
Health, appointed by the commissioner of public health;
		(3)  one representative of the Texas Department of 
Human Services, appointed by the commissioner of human services;
		(4)  one representative of the Texas Department of 
Mental Health and Mental Retardation, appointed by the commissioner 
of mental health and mental retardation;
		(5)  one representative of the Texas Department on 
Aging, appointed by the executive director of that agency; and
		(6)  representatives of other relevant health and human 
service agencies, as appointed by the commissioner.
	(d)  A member of the task force who is not a state employee is 
not entitled to compensation for serving on the task force or 
reimbursement of the travel expenses incurred by the member while 
conducting the business of the task force.
	(e)  A member of the task force who is a state employee and 
who serves on the task force in performing the member's duties as a 
state employee is not entitled to additional compensation for 
serving on the task force, but is entitled to reimbursement of 
travel expenses incurred by the member while conducting the 
business of the task force if the reimbursement is otherwise 
available to the member as a state employee.
	(f)  An appointment to fill a vacancy on the task force shall 
be made in the same manner as the original appointment.
	(g)  The commissioner shall designate a member of the task 
force to serve as presiding officer.  The members of the task force 
shall elect any other necessary officers.
	(h)  The task force shall meet at the call of the 
commissioner at least quarterly each year.
	(i)  A member of the task force serves at the will of the 
commissioner.
	(j)  The task force is not subject to Chapter 2110.                     
	SECTION 2.  (a)  The commissioner of health and human 
services, the commissioner of public health, the commissioner of 
human services, the commissioner of mental health and mental 
retardation, and the executive director of the Texas Department on 
Aging shall appoint representatives to the lifetime care task force 
as required by  Section 531.063(c), Government Code, as added by 
this Act, not later than December 1, 2003.
	(b)  The commissioner of health and human services shall call 
the first meeting of the lifetime care task force, as required by 
Section 531.063(h), Government Code, as added by this Act, not 
later than January 1, 2004.
	SECTION 3.  This Act takes effect September 1, 2003.