By: Nelson S.B. No. 27
 
 
A BILL TO BE ENTITLED
AN ACT
relating to a pilot program to educate residents and families of
residents of nursing homes and intermediate care facilities for the
mentally retarded about advance care planning.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  ADVANCE CARE PLANNING PILOT PROGRAM. (a)  The
Department of Aging and Disability Services shall develop and
implement a pilot program to increase the use of advance directives
by residents of nursing homes and intermediate care facilities for
the mentally retarded in this state by educating the residents and
the families of residents about advance care planning.
       (b)  The pilot program shall provide for a process to educate
residents and the families of residents regarding:
             (1)  the legal issues associated with advance
directives;
             (2)  the health care choices available to a person with
a terminal or irreversible condition;
             (3)  the proper completion of advance directives; and
             (4)  the importance of discussing advance directives
with family, friends, advisers, and health care providers.
       SECTION 2.  RULES.  The executive commissioner of the Health
and Human Services Commission shall adopt rules to implement this
Act.
       SECTION 3.  REPORT.  Not later than October 1, 2010, the
Department of Aging and Disability Services shall submit a report
to the governor, the lieutenant governor, the speaker of the house
of representatives, and the appropriate standing committees of the
legislature, regarding the pilot program that includes:
             (1)  an evaluation of the effectiveness of the pilot
program; and
             (2)  a recommendation to continue, expand, or eliminate
the pilot program.
       SECTION 4.  EXPIRATION.  This Act expires September 1, 2011.
       SECTION 5.  EFFECTIVE DATE.  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, 2007.