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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of persons with intellectual or |
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developmental disabilities residing in state schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 592, Health and Safety Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. RIGHTS OF PERSONS RESIDING IN STATE SCHOOLS |
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Sec. 592.071. DEFINITIONS. In this subchapter: |
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(1) "State school" has the meaning assigned by Section |
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531.002. |
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(2) "State school resident bill of rights" means the |
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rights prescribed by this subchapter to which each resident of a |
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state school is entitled. |
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Sec. 592.072. RIGHTS GUARANTEED. (a) The rights |
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specifically listed in this subchapter are in addition to all other |
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rights that persons with intellectual or developmental |
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disabilities have and are not exclusive or intended to limit the |
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rights guaranteed by the constitution and laws of the United States |
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and this state. |
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(b) This subchapter may not be construed to authorize a |
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state school to take any action that would impair the health or |
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safety of any resident of that facility. |
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Sec. 592.073. LEGISLATIVE FINDINGS. The legislature |
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recognizes that all persons with intellectual or developmental |
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disabilities living in this state are entitled to the same rights |
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and privileges as any other person living in this state. It is the |
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policy of the state that all persons, regardless of disability, be |
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treated with dignity and respect. The legislature recognizes that |
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persons residing in state schools have the right to determine and |
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pursue their personal goals, dreams, and aspirations to be |
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contributing members of their communities. |
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Sec. 592.074. PURPOSE. The purpose of the state school |
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resident bill of rights is: |
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(1) to ensure the freedoms and rights of persons with |
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intellectual or developmental disabilities living in state |
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schools; |
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(2) to promote choice and self-determination; |
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(3) to protect the civil and constitutional rights of |
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residents in state schools consistent with federal and state laws; |
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and |
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(4) to ensure that residents receive adequate medical, |
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dental, and psychiatric interventions, care, and treatment in |
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accordance with acceptable standards of professional practice. |
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Sec. 592.075. STATE SCHOOL RESIDENT BILL OF RIGHTS. It is |
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the policy of the state that each person residing in a state school |
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has the following rights: |
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(1) to make decisions that impact the person's rights |
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and freedoms, or, if appropriate, to have a legally authorized |
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representative make those decisions; |
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(2) to be free from: |
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(A) physical or mechanical restraints, unless |
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necessary to prevent imminent physical injury to the person or |
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others and the use of the restraint is not prohibited by other law; |
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(B) restraint by a papoose board or a |
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straightjacket; |
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(C) medical restraint unless the medical |
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restraint is administered only when necessary and: |
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(i) as a therapeutic treatment prescribed |
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by a physician for the protection of the person's health; |
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(ii) during the performance of a specific |
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medical, surgical, or dental procedure; or |
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(iii) for client protection during a |
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medication-related emergency, as defined by Section 574.101; |
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(D) the administration of unnecessary or |
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excessive psychoactive medication, as defined by Section 574.101; |
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and |
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(E) temporary separation from others, unless |
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necessary to protect the health and safety of the person or others |
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and the use of the temporary separation is not prohibited by other |
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law; |
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(3) to be free from abuse, neglect, or exploitation, |
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including: |
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(A) corporal or physical punishment; |
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(B) sexual abuse; or |
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(C) emotional abuse; |
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(4) to refer all cases of confirmed abuse, neglect, or |
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exploitation to the appropriate prosecuting attorney for |
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prosecution of the perpetrator; |
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(5) to report incidents of abuse, neglect, or |
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exploitation in confidence using a private telephone or computer; |
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(6) to have a representative of the director of a state |
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school notify the person's legally authorized representative of an |
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allegation of abuse, neglect, or exploitation not more than 24 |
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hours after the allegation is made; |
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(7) to have the results of any investigation regarding |
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an allegation of abuse, neglect, or exploitation be explained on |
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completion of the investigation to the person in a language and |
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format understandable to the person and, if applicable, to the |
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person's legally authorized representative by a representative of |
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the director of the state school; |
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(8) to report complaints about the state school, other |
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than complaints about abuse, neglect, or exploitation, and have |
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timely and appropriate resolution to those complaints; |
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(9) to live in the most integrated setting allowed by |
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law and based on the person's preferences, including: |
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(A) having the opportunity to make an informed |
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choice to move into a community with the necessary services and |
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supports; |
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(B) having access to community services while |
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waiting for a determination of eligibility for those services; |
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(C) choosing to participate in, and |
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participating in, community activities; |
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(D) having regular reviews of placement, if the |
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person was involuntarily committed to a state school; |
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(E) having access to well-developed, specialized |
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community programs for alleged offenders with disabilities |
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necessary to successfully reintegrate into the community, if |
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available and determined to be appropriate; and |
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(F) requesting planning meetings to review |
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community placement determinations or specific community options; |
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(10) to continue receiving services in a state school |
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if: |
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(A) the person's legally authorized |
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representative indicates a preference for the person continuing to |
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receive services in the state school; and |
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(B) the state school is not required to transfer, |
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furlough to an alternative placement, or discharge the person under |
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Section 594.011; |
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(11) to form healthy social relationships with other |
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persons; |
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(12) to receive quality assistive technology |
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assessments, equipment, and training, and for staff to have the |
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relevant training, necessary to ensure the person's successful |
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inclusion in major life activities, to the greatest extent |
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possible, including: |
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(A) communication; |
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(B) mobility; |
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(C) employment; and |
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(D) education; |
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(13) to a quality and productive life, including: |
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(A) the opportunity to pursue the employment or |
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education of the person's choice; |
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(B) a humane and safe living environment that |
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provides reasonable protection from harm; |
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(C) opportunities to participate in an |
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organization that advocates with and on behalf of people with |
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disabilities; |
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(D) opportunities to interact with individuals |
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with shared interests who do not reside at the state school, |
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including mentors, friends, and family, and individuals |
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participating in clubs, classes, and social groups; |
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(E) access to services or meetings of a religious |
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organization of the person's choosing, including weekly services or |
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meetings and services or meetings on the religious holy days of that |
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religion; and |
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(F) personal living space with privacy to the |
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greatest extent possible based on the person's individual needs; |
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(14) to have access to appropriate health and dental |
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care, including: |
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(A) a well-balanced diet; |
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(B) regular access to physical activity, with |
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supports as needed, in the least restrictive environment, with the |
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opportunity to go outdoors when preferred if possible; and |
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(C) preventative and emergency medical care; |
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(15) to have the person's legally authorized |
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representative notified of any significant medical, behavioral, or |
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social event that occurs in the person's life; and |
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(16) to be provided with a written copy of this state |
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school resident bill of rights in English and Spanish, to have the |
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opportunity to review this document with an advocate or individual |
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of the person's choosing, and to have the bill of rights explained |
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to the person in simple, nontechnical language in the person's |
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primary language, if possible. |
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Sec. 592.076. PROVISION OF BILL OF RIGHTS TO RESIDENTS. |
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(a) The department shall provide a written copy of the state |
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school resident bill of rights in English and Spanish and the |
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person's primary language, if possible, to each person living in a |
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state school and, if applicable, to the person's legally authorized |
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representative. |
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(b) The state school shall ensure that, not later than the |
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24th hour after the hour the person is admitted to the state school, |
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the rights specified in the state school resident bill of rights are |
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explained to the person and, if applicable, the person's legally |
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authorized representative. The facility's representative shall |
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explain the state school resident bill of rights to the person: |
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(1) orally, in simple, nontechnical terms, in the |
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person's primary language, if possible; or |
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(2) in another manner reasonably calculated to |
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communicate with the person. |
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(c) A state school shall prominently and conspicuously |
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display a copy of the state school resident bill of rights in |
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English and Spanish in a public area of the facility that is readily |
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accessible by the residents. |
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(d) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules relating to the form of the |
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state school resident bill of rights. |
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SECTION 2. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.02446 to read as follows: |
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Sec. 531.02446. DIVERSION PROTOCOLS TO PREVENT COMMITMENT |
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OF CHILDREN TO STATE SCHOOLS. (a) The executive commissioner by |
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rule shall develop protocols to divert individuals under 22 years |
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of age with intellectual or developmental disabilities from |
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commitment to a state school. |
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(b) The executive commissioner shall ensure that the |
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diversion protocols: |
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(1) are designed to eliminate the commitment to state |
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schools of individuals younger than 22 years of age; and |
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(2) state that individuals under 22 years of age |
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admitted to a state school must be placed there on a temporary |
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basis. |
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(c) As part of the diversion protocols, the executive |
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commissioner shall: |
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(1) establish policies ensuring that individuals |
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younger than 22 years of age are adequately informed of and offered |
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community-based alternatives before admission to a state school; |
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and |
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(2) subject to the availability of funds appropriated |
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for that purpose, contract for the provision of temporary, |
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emergency living arrangements for individuals younger than 22 years |
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of age at immediate risk of commitment to a state school. |
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(d) An entity awarded a contract under this section must |
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provide temporary, emergency living arrangements at homes, with no |
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more than six individuals placed in the home. |
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SECTION 3. (a) The executive commissioner of the Health |
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and Human Services Commission shall adopt the rules required by |
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Section 592.076, Health and Safety Code, as added by this Act, and |
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Section 531.02446, Government Code, as added by this Act, not later |
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than January 1, 2010. |
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(b) A state school is not required to provide or display the |
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state school resident bill of rights under Subchapter E, Chapter |
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592, Health and Safety Code, as added by this Act, before February |
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1, 2010. |
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SECTION 4. This Act takes effect September 1, 2009. |