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  81R4400 KLA-D
 
  By: Oliveira H.B. No. 1897
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to transportation services provided to aged or disabled
  clients of certain programs and facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 161, Human Resources Code,
  is amended by adding Section 161.081 to read as follows:
         Sec. 161.081.  TRANSPORTATION OF CERTAIN CLIENTS. (a) A
  program or facility operated or regulated by the department,
  including an adult day-care program under Chapter 103 and a day
  activity and health services facility, may not transport aged or
  disabled clients of the program or facility using a 15-passenger
  van that was purchased by the program or facility on or after
  September 1, 2009.
         (b)  The executive commissioner shall adopt rules applicable
  to each program or facility operated or regulated by the department
  that require:
               (1)  as a component of any inspection of the program or
  facility, an inspection of each motor vehicle used by the program or
  facility to transport its clients to ensure compliance with this
  section; and
               (2)  each contract entered into by the department and a
  person for transportation services for aged or disabled clients of
  a program or facility operated or regulated by the department to
  require compliance with this section as a term of the contract.
         SECTION 2.  Not later than November 1, 2009, the executive
  commissioner of the Health and Human Services Commission shall
  adopt the rules required by Section 161.081, Human Resources Code,
  as added by this Act.
         SECTION 3.  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, 2009.