By: Lucio, et al.  S.B. No. 639
         (In the Senate - Filed February 3, 2009; February 23, 2009,
  read first time and referred to Committee on Health and Human
  Services; April 15, 2009, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  April 15, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 639 By:  Nelson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the rights of persons with intellectual or
  developmental disabilities residing in state schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 592, Health and Safety Code, is amended
  by adding Subchapter E to read as follows:
  SUBCHAPTER E.  RIGHTS OF PERSONS RESIDING IN STATE SCHOOLS
         Sec. 592.071.  DEFINITIONS. In this subchapter:
               (1)  "State school" has the meaning assigned by Section
  531.002.
               (2)  "State school resident bill of rights" means the
  rights prescribed by this subchapter to which each resident of a
  state school is entitled.
         Sec. 592.072.  RIGHTS GUARANTEED. (a)  The rights
  specifically listed in this subchapter are in addition to all other
  rights that persons with intellectual or developmental
  disabilities have and are not exclusive or intended to limit the
  rights guaranteed by the constitution and laws of the United States
  and this state.
         (b)  This subchapter may not be construed to authorize a
  state school to take any action that would impair the health or
  safety of any resident of that facility.
         Sec. 592.073.  LEGISLATIVE FINDINGS. The legislature
  recognizes that all persons with intellectual or developmental
  disabilities living in this state are entitled to the same rights
  and privileges as any other person living in this state. It is the
  policy of the state that all persons, regardless of disability, be
  treated with dignity and respect. The legislature recognizes that
  persons residing in state schools have the right to determine and
  pursue their personal goals, dreams, and aspirations to be
  contributing members of their communities.
         Sec. 592.074.  PURPOSE. The purpose of the state school
  resident bill of rights is:
               (1)  to ensure the freedoms and rights of persons with
  intellectual or developmental disabilities living in state
  schools;
               (2)  to promote choice and self-determination;
               (3)  to protect the civil and constitutional rights of
  residents in state schools consistent with federal and state laws;
  and
               (4)  to ensure that residents receive adequate medical,
  dental, and psychiatric interventions, care, and treatment in
  accordance with acceptable standards of professional practice.
         Sec. 592.075.  STATE SCHOOL RESIDENT BILL OF RIGHTS. It is
  the policy of the state that each person residing in a state school
  has the following rights:
               (1)  to make decisions that impact the person's rights
  and freedoms, or, if appropriate, to have a legally authorized
  representative make those decisions;
               (2)  to be free from:
                     (A)  physical or mechanical restraints, unless
  necessary to prevent imminent physical injury to the person or
  others and the use of the restraint is not prohibited by other law;
                     (B)  restraint by a papoose board or a
  straightjacket;
                     (C)  medical restraint unless the medical
  restraint is administered only when necessary and:
                           (i)  as a therapeutic treatment prescribed
  by a physician for the protection of the person's health;
                           (ii)  during the performance of a specific
  medical, surgical, or dental procedure; or
                           (iii)  for client protection during a
  medication-related emergency, as defined by Section 574.101;
                     (D)  the administration of unnecessary or
  excessive psychoactive medication, as defined by Section 574.101;
  and
                     (E)  temporary separation from others, unless
  necessary to protect the health and safety of the person or others
  and the use of the temporary separation is not prohibited by other
  law;
               (3)  to be free from abuse, neglect, or exploitation,
  including:
                     (A)  corporal or physical punishment;
                     (B)  sexual abuse; or
                     (C)  emotional abuse;
               (4)  to refer all cases of confirmed abuse, neglect, or
  exploitation to the appropriate prosecuting attorney for
  prosecution of the perpetrator;
               (5)  to report incidents of abuse, neglect, or
  exploitation in confidence using a private telephone or computer;
               (6)  to have a representative of the director of a state
  school notify the person's legally authorized representative of an
  allegation of abuse, neglect, or exploitation not more than 24
  hours after the allegation is made;
               (7)  to have the results of any investigation regarding
  an allegation of abuse, neglect, or exploitation be explained on
  completion of the investigation to the person in a language and
  format understandable to the person and, if applicable, to the
  person's legally authorized representative by a representative of
  the director of the state school;
               (8)  to report complaints about the state school, other
  than complaints about abuse, neglect, or exploitation, and have
  timely and appropriate resolution to those complaints;
               (9)  to live in the most integrated setting allowed by
  law and based on the person's preferences, including:
                     (A)  having the opportunity to make an informed
  choice to move into a community with the necessary services and
  supports;
                     (B)  having access to community services while
  waiting for a determination of eligibility for those services;
                     (C)  choosing to participate in, and
  participating in, community activities;
                     (D)  having regular reviews of placement, if the
  person was involuntarily committed to a state school;
                     (E)  having access to well-developed, specialized
  community programs for alleged offenders with disabilities
  necessary to successfully reintegrate into the community, if
  available and determined to be appropriate; and
                     (F)  requesting planning meetings to review
  community placement determinations or specific community options;
               (10)  to continue receiving services in a state school
  if:
                     (A)  the person's legally authorized
  representative indicates a preference for the person continuing to
  receive services in the state school; and
                     (B)  the state school is not required to transfer,
  furlough to an alternative placement, or discharge the person under
  Section 594.011;
               (11)  to form healthy social relationships with other
  persons;
               (12)  to receive quality assistive technology
  assessments, equipment, and training, and for staff to have the
  relevant training, necessary to ensure the person's successful
  inclusion in major life activities, to the greatest extent
  possible, including:
                     (A)  communication;
                     (B)  mobility;
                     (C)  employment; and
                     (D)  education;
               (13)  to a quality and productive life, including:
                     (A)  the opportunity to pursue the employment or
  education of the person's choice;
                     (B)  a humane and safe living environment that
  provides reasonable protection from harm;
                     (C)  opportunities to participate in an
  organization that advocates with and on behalf of people with
  disabilities;
                     (D)  opportunities to interact with individuals
  with shared interests who do not reside at the state school,
  including mentors, friends, and family, and individuals
  participating in clubs, classes, and social groups;
                     (E)  access to services or meetings of a religious
  organization of the person's choosing, including weekly services or
  meetings and services or meetings on the religious holy days of that
  religion; and
                     (F)  personal living space with privacy to the
  greatest extent possible based on the person's individual needs;
               (14)  to have access to appropriate health and dental
  care, including:
                     (A)  a well-balanced diet;
                     (B)  regular access to physical activity, with
  supports as needed, in the least restrictive environment, with the
  opportunity to go outdoors when preferred if possible; and
                     (C)  preventative and emergency medical care;
               (15)  to have the person's legally authorized
  representative notified of any significant medical, behavioral, or
  social event that occurs in the person's life; and
               (16)  to be provided with a written copy of this state
  school resident bill of rights in English and Spanish, to have the
  opportunity to review this document with an advocate or individual
  of the person's choosing, and to have the bill of rights explained
  to the person in simple, nontechnical language in the person's
  primary language, if possible.
         Sec. 592.076.  PROVISION OF BILL OF RIGHTS TO RESIDENTS.  (a)  
  The department shall provide a written copy of the state school
  resident bill of rights in English and Spanish and the person's
  primary language, if possible, to each person living in a state
  school and, if applicable, to the person's legally authorized
  representative.
         (b)  The state school shall ensure that, not later than the
  24th hour after the hour the person is admitted to the state school,
  the rights specified in the state school resident bill of rights are
  explained to the person and, if applicable, the person's legally
  authorized representative. The facility's representative shall
  explain the state school resident bill of rights to the person:
               (1)  orally, in simple, nontechnical terms, in the
  person's primary language, if possible; or
               (2)  in another manner reasonably calculated to
  communicate with the person.
         (c)  A state school shall prominently and conspicuously
  display a copy of the state school resident bill of rights in
  English and Spanish in a public area of the facility that is readily
  accessible by the residents.
         (d)  The executive commissioner of the Health and Human
  Services Commission shall adopt rules relating to the form of the
  state school resident bill of rights.
         SECTION 2.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Section 531.02446 to read as follows:
         Sec. 531.02446.  DIVERSION PROTOCOLS TO PREVENT COMMITMENT
  OF CHILDREN TO STATE SCHOOLS. (a) The executive commissioner by
  rule shall develop protocols to divert individuals under 22 years
  of age with intellectual or developmental disabilities from
  commitment to a state school.
         (b)  The executive commissioner shall ensure that the
  diversion protocols:
               (1)  are designed to eliminate the commitment to state
  schools of individuals younger than 22 years of age; and
               (2)  state that individuals under 22 years of age
  admitted to a state school must be placed there on a temporary
  basis.
         (c)  As part of the diversion protocols, the executive
  commissioner shall:
               (1)  establish policies ensuring that individuals
  younger than 22 years of age are adequately informed of and offered
  community-based alternatives before admission to a state school;
  and
               (2)  subject to the availability of funds appropriated
  for that purpose, contract for the provision of temporary,
  emergency living arrangements for individuals younger than 22 years
  of age at immediate risk of commitment to a state school.
         (d)  An entity awarded a contract under this section must
  provide temporary, emergency living arrangements at homes, with no
  more than six individuals placed in the home.
         SECTION 3.  (a)  The executive commissioner of the Health
  and Human Services Commission shall adopt the rules required by
  Section 592.076, Health and Safety Code, as added by this Act, and
  Section 531.02446, Government Code, as added by this Act, not later
  than January 1, 2010.
         (b)  A state school is not required to provide or display the
  state school resident bill of rights under Subchapter E, Chapter
  592, Health and Safety Code, as added by this Act, before February
  1, 2010.
         SECTION 4.  This Act takes effect September 1, 2009.
 
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