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AN ACT
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relating to the scope of services of and the persons who may be |
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provided services by a community center. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.002, Health and Safety Code, is |
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amended by adding Subdivision (13-a) to read as follows: |
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(13-a) "Person with a developmental disability" means |
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an individual with a severe, chronic disability attributable to a |
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mental or physical impairment or a combination of mental and |
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physical impairments that: |
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(A) manifests before the person reaches 22 years |
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of age; |
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(B) is likely to continue indefinitely; |
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(C) reflects the individual's need for a |
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combination and sequence of special, interdisciplinary, or generic |
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services, individualized supports, or other forms of assistance |
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that are of a lifelong or extended duration and are individually |
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planned and coordinated; and |
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(D) results in substantial functional |
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limitations in three or more of the following categories of major |
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life activity: |
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(i) self-care; |
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(ii) receptive and expressive language; |
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(iii) learning; |
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(iv) mobility; |
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(v) self-direction; |
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(vi) capacity for independent living; and |
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(vii) economic self-sufficiency. |
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SECTION 2. Section 534.001(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) Except as provided by this section, a [A] community |
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center operating under this subchapter may operate only for the |
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purposes and perform only the functions defined in the center's |
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plan. The executive commissioner [board] by rule shall specify the |
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elements that must be included in a plan and shall prescribe the |
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procedure for submitting, approving, and modifying a center's plan. |
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In addition to the services described in a center's plan, the center |
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may provide other health and human services and supports as |
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provided by a contract with or a grant received from a local, state, |
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or federal agency. |
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SECTION 3. Section 534.0015(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) It is the policy of this state that community centers |
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strive to develop services for persons who are mentally ill or |
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mentally retarded, and may provide requested services to persons |
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with developmental disabilities or with [a] chemical dependencies |
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[dependency], that are effective alternatives to treatment in a |
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large residential facility. |
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SECTION 4. Section 534.0155(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) This subtitle does not prevent a community center from |
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providing services to a person with a chemical dependency, [or] to a |
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person with a developmental disability, or to a person with a mental |
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disability, as [that term is] defined by Section 535.001. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2303 was passed by the House on April |
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29, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2303 was passed by the Senate on May |
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19, 2009, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |