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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a volunteer-supported |
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decision-making advocate pilot program for persons with |
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intellectual and developmental disabilities and persons with other |
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cognitive disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. VOLUNTEER-SUPPORTED DECISION-MAKING |
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ADVOCATE PILOT PROGRAM. (a) In this section: |
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(1) "Peer-to-peer services training" means training |
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conducted by and for persons with intellectual and developmental |
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disabilities and persons with other cognitive disabilities on how |
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to advocate for their own rights and interests. |
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(2) "Pilot program" means a volunteer-supported |
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decision-making advocate pilot program established under this |
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section. |
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(3) "Self-advocacy organization" means a nonprofit |
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organization run by and for persons with disabilities that provides |
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training to its members and other self-advocacy organizations on |
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self-advocacy, self-determination, and person-centered planning. |
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(4) "State school" has the meaning assigned by Section |
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531.002, Health and Safety Code. |
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(5) "Supported decision-making services" means |
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services provided for the purpose of supporting a person with |
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intellectual and developmental disabilities or a person with other |
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cognitive disabilities to enable the person to make life decisions |
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such as where the person wants to live, who the person wants to live |
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with, and where the person wants to work, without impeding the |
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self-determination of the person. |
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(b) The commission shall create a pilot program to promote |
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the provision of supported decision-making services to persons with |
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intellectual and developmental disabilities and persons with other |
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cognitive disabilities. The commission shall select at least one |
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rural community and at least one urban community in which to |
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implement the program. The commission shall convene a work group to |
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develop the rules and structure of the pilot program. The work |
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group must consist of family members of, and advocates for, persons |
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with intellectual and developmental disabilities and persons with |
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other cognitive disabilities, and of other persons interested in |
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promoting supported decision-making services. The work group must |
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include at least one representative of a self-advocacy organization |
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and at least one self-advocate. |
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(c) The commission shall contract with one or more entities |
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to administer the pilot program and to recruit and train volunteer |
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advocates to provide supported decision-making services. The pilot |
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program may be created or administered by a nonprofit organization, |
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a self-advocacy organization, or a local mental retardation |
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authority or a collaboration of any of those types of entities. |
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(d) The commission shall award a contract to an entity or |
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collaboration of entities described by Subsection (c) that |
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demonstrates: |
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(1) a commitment to: |
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(A) a philosophy of self-determination in |
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providing supported decision-making services; |
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(B) providing peer-to-peer services training; |
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(C) person-centered planning; and |
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(D) preserving the rights provided by federal and |
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state law of persons with intellectual and developmental |
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disabilities and persons with other cognitive disabilities; and |
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(2) the ability to provide supported decision-making |
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services to assist persons with intellectual and developmental |
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disabilities and persons with other cognitive disabilities in |
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understanding their personal options, support options, |
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opportunities, and responsibilities to help the person remain as |
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independent as possible. |
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(e) The commission shall ensure that the pilot program |
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provides supported decision-making services to persons living in |
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the community and persons living in an institutional setting. The |
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pilot program in at least one site must serve residents of a state |
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school, especially residents who have expressed a desire to leave |
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the state school and do not have a guardian. |
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(f) The executive commissioner by rule shall prescribe the |
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criteria a contractor must use in evaluating the effectiveness of |
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supported decision-making services provided by the pilot program. |
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The criteria must be similar to the National Core Indicators |
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promulgated by the Human Services Research Institute. |
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(g) Before each regular session of the legislature, the |
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commission shall publish a report that includes: |
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(1) an evaluation of the effectiveness of the pilot |
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program under the criteria established under Subsection (f); |
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(2) recommendations for changes to improve the |
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operation of the pilot program; and |
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(3) a recommendation to continue, expand, or eliminate |
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the pilot program. |
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(h) This section expires September 1, 2013. |
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SECTION 2. Not later than January 1, 2010, the executive |
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commissioner of the Health and Human Services Commission shall |
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appoint persons to a pilot program work group as required under |
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Section 531.02446(b), Government Code, as added by this Act. |
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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. |