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.