81R14718 GCB-D
 
  By: Truitt, Herrero, Isett H.B. No. 2303
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the scope of services of and the persons who may be
  provided services by a community center.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 531.002, Health and Safety Code, is
  amended by adding Subdivision (13-a) to read as follows:
               (13-a)  "Person with a developmental disability" means
  an individual with a severe, chronic disability attributable to a
  mental or physical impairment or a combination of mental and
  physical impairments that:
                     (A)  manifests before the person reaches 22 years
  of age;
                     (B)  is likely to continue indefinitely;
                     (C)  reflects the individual's need for a
  combination and sequence of special, interdisciplinary, or generic
  services, individualized supports, or other forms of assistance
  that are of a lifelong or extended duration and are individually
  planned and coordinated; and
                     (D)  results in substantial functional
  limitations in three or more of the following categories of major
  life activity:
                           (i)  self-care;
                           (ii)  receptive and expressive language;
                           (iii)  learning;
                           (iv)  mobility;
                           (v)  self-direction;
                           (vi)  capacity for independent living; and
                           (vii)  economic self-sufficiency.
         SECTION 2.  Section 534.001(e), Health and Safety Code, is
  amended to read as follows:
         (e)  Except as provided by this section, a [A] community
  center operating under this subchapter may operate only for the
  purposes and perform only the functions defined in the center's
  plan. The executive commissioner [board] by rule shall specify the
  elements that must be included in a plan and shall prescribe the
  procedure for submitting, approving, and modifying a center's plan.
  In addition to the services described in a center's plan, the center
  may provide other health and human services and supports as
  provided by a contract with or a grant received from a local, state,
  or federal agency.
         SECTION 3.  Section 534.0015(b), Health and Safety Code, is
  amended to read as follows:
         (b)  It is the policy of this state that community centers
  strive to develop services for persons who are mentally ill or
  mentally retarded, and may provide requested services to persons
  with developmental disabilities or with [a] chemical dependencies
  [dependency], that are effective alternatives to treatment in a
  large residential facility.
         SECTION 4.  Section 534.0155(a), Health and Safety Code, is
  amended to read as follows:
         (a)  This subtitle does not prevent a community center from
  providing services to a person with a chemical dependency, [or] to a
  person with a developmental disability, or to a person with a mental
  disability, as [that term is] defined by Section 535.001.
         SECTION 5.  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.