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A BILL TO BE ENTITLED
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AN ACT
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relating to the placement of certain persons with mental |
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retardation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.0244, Government Code, is amended by |
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adding Subsection (b-2) to read as follows: |
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(b-2) Notwithstanding Subsection (b), a person with an IQ of |
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40 or lower who does not have a legally authorized representative as |
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defined by Section 241.151, Health and Safety Code, may not be |
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transferred from a state school to a community residence. This |
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subsection expires September 1, 2011. |
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SECTION 2. Section 592.013, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 592.013. LEAST RESTRICTIVE LIVING ENVIRONMENT. (a) |
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Each person with mental retardation has the right to live in the |
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least restrictive setting appropriate to the person's individual |
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needs and abilities and in a variety of living situations, |
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including living: |
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(1) alone; |
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(2) in a group home; |
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(3) with a family; or |
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(4) in a supervised, protective environment. |
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(b) For purposes of Subsection (a), a state school may be |
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the least restrictive setting for a person with an IQ of 40 or lower |
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who does not have a legally authorized representative as defined by |
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Section 241.151, and that person may not be transferred from a state |
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school to a community residence. This subsection expires September |
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1, 2011. |
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SECTION 3. 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. |