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By:  Carona                                                       S.B. No. 361


A BILL TO BE ENTITLED

AN ACT

relating to the provision of information relating to the programs 
and services available for persons with mental retardation seeking 
residential services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 593, Health and Safety 
Code, is amended by adding Section 593.0225 to read as follows:
	Sec. 593.0225.  RESIDENTIAL PROGRAM AND SERVICE 
INFORMATION.  (a)  The Department of Aging and Disability Services 
shall provide to an individual with mental retardation seeking 
residential services or to the individual's legally authorized 
representative a clear explanation of programs and services for 
which the individual is determined to be eligible, including state 
schools, community ICF-MRs, waiver services under Section 1915(c) 
of the federal Social Security Act (42 U.S.C. Section 1396n), 
community mental retardation services, or other services.  The 
department must offer a state school as an option among the 
residential services available to an individual who is eligible for 
those services and who meets the department's criteria for state 
school admission, regardless of whether other residential services 
are available to the individual.  The department shall endeavor to 
provide as wide a set of options for residential services as 
practicable and as are consistent with the individual's service 
needs.
	(b)  The department shall ensure that the determination of 
the least restrictive environment is made on an individual basis 
and that a state school may be determined to be an appropriate least 
restrictive environment for some individuals.
	(c)  The department shall document in the department's 
records regarding the individual the options for programs and 
services that were discussed with the individual.  The individual 
or the individual's legally authorized representative must sign the 
documentation required by this subsection.
	(d)  The department shall inform local mental retardation 
authorities of the requirements of this section.
	SECTION 2.  This Act takes effect September 1, 2005.