2003S0559-2 03/13/03


By:  Lindsay                                                      S.B. No. 1728


A BILL TO BE ENTITLED

AN ACT

relating to the creation of a task force to recommend state school 
closures and to the use of proceeds from the sale of any state 
school property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  (a)  The facilities review task force is 
composed of:            
		(1)  two members appointed by the commissioner of 
mental health and mental retardation;
		(2)  two members appointed by the commissioner of 
health and human services; and
		(3)  three members appointed by the governor, one of 
whom must be a parent or guardian of an individual living in a state 
school.
	(b)  The facilities review task force shall review the use of 
state schools and recommend two state schools for closure.
	(c)  Not later than December 31, 2004, the facilities review 
task force shall submit to the Texas Board of Mental Health and 
Mental Retardation and the governor a written report of the 
recommendation required by Subsection (b) of this section.
	(d)  If the Texas Board of Mental Health and Mental 
Retardation and the governor approve the closures recommended in 
the report, the Texas Department of Mental Health and Mental 
Retardation shall sell the facilities and related property of the 
state schools approved for closure not later than December 31, 
2005.  Proceeds from the sale shall be deposited in the community 
services trust fund for persons with mental retardation.
	(e)  The Texas Board of Mental Health and Mental Retardation 
and the governor may not approve the sale of the recommended state 
schools until the Texas Department of Mental Health and Mental 
Retardation demonstrates that each of the individuals presently 
residing in those facilities will be given care in either another 
state school or, with the approval of the resident or the resident's 
parent or guardian, in a community-based program.
	SECTION 2.  Subchapter D, Chapter 533, Health and Safety 
Code, is amended by adding Section 533.088 to read as follows:
	Sec. 533.088.  COMMUNITY SERVICES TRUST FUND FOR PERSONS 
WITH MENTAL RETARDATION.  The community services trust fund for 
persons with mental retardation is a separate account in the 
general revenue fund.  Money from the sale of state school 
facilities and related property shall be deposited to the credit of 
the account.  Money in the account may be used only for the funding 
of community-based programs for persons with mental retardation.
	SECTION 3.  Section 1 of this Act expires and the facilities 
review task force is abolished February 1, 2006.
	SECTION 4.  This Act takes effect September 1, 2003.