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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the State Developmental Center |
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Evaluation Authority and the residential placement of individuals |
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with mental retardation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.002(17), Health and Safety Code, is |
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amended to read as follows: |
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(17) "State developmental center [school]" means a |
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state-supported and structured residential facility operated by |
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the Department of Aging and Disability Services [department] to |
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provide to clients with mental retardation a variety of services, |
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including medical treatment, specialized therapy, and training in |
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the acquisition of personal, social, and vocational skills. |
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SECTION 2. Chapter 531, Health and Safety Code, is amended |
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by adding Section 531.0021 to read as follows: |
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Sec. 531.0021. REFERENCE TO STATE SCHOOL. A reference in |
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law to a "state school" means a state developmental center. |
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SECTION 3. Section 532.001(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The Department of Aging and Disability Services and the |
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Department of State Health Services [department] also include |
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[includes] community services operated by those departments [the
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department] and the following facilities, as appropriate: |
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(1) the central office of the department; |
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(2) the Austin State Hospital; |
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(3) the Big Spring State Hospital; |
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(4) the Kerrville State Hospital; |
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(5) the Rusk State Hospital; |
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(6) the San Antonio State Hospital; |
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(7) the Terrell State Hospital; |
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(8) the North Texas State Hospital; |
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(9) the Abilene State Developmental Center [School]; |
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(10) the Austin State Developmental Center [School]; |
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(11) the Brenham State Developmental Center [School]; |
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(12) the Corpus Christi State Developmental Center |
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[School]; |
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(13) the Denton State Developmental Center [School]; |
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(14) the Lubbock State Developmental Center [School]; |
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(15) the Lufkin State Developmental Center [School]; |
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(16) the Mexia State Developmental Center [School]; |
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(17) the Richmond State Developmental Center |
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[School]; |
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(18) the San Angelo State Developmental Center |
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[School]; |
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(19) the San Antonio State Developmental Center |
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[School]; |
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(20) the El Paso State Developmental Center; |
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(21) the Rio Grande State Center; and |
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(22) the Waco Center for Youth. |
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SECTION 4. Subtitle B, Title 7, Health and Safety Code, is |
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amended by adding Chapter 556 to read as follows: |
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CHAPTER 556. STATE DEVELOPMENTAL CENTER EVALUATION AUTHORITY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 556.001. DEFINITIONS. In this chapter: |
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(1) "Authority" means the State Developmental Center |
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Evaluation Authority. |
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(2) "Commission" means the Health and Human Services |
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Commission. |
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(3) "Community services provider" includes a licensed |
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ICF-MR provider with fewer than 16 beds. |
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(4) "Department" means the Department of Aging and |
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Disability Services. |
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(5) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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Sec. 556.002. STATE DEVELOPMENTAL CENTER EVALUATION |
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AUTHORITY. The State Developmental Center Evaluation Authority is |
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established to evaluate and make recommendations regarding the |
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operation and management of state developmental centers. The |
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authority is administratively attached to the commission but is |
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independent of direction by the commission or the executive |
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commissioner. The commission shall provide administrative support |
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and resources to the authority as necessary to enable the authority |
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to perform its duties. |
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Sec. 556.003. SUNSET PROVISION. The State Developmental |
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Center Evaluation Authority is subject to Chapter 325, Government |
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Code (Texas Sunset Act). Unless continued in existence as provided |
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by that chapter, the authority is abolished and this chapter |
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expires September 1, 2021. |
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[Sections 556.004-556.020 reserved for expansion] |
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SUBCHAPTER B. ADMINISTRATIVE PROVISIONS |
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Sec. 556.021. APPOINTMENT OF AUTHORITY MEMBERS. (a) The |
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authority is composed of nine members of the public appointed as |
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follows: |
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(1) three members of the public appointed by the |
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governor; |
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(2) three members appointed by the lieutenant |
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governor; and |
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(3) three members appointed by the governor from a |
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list provided by the speaker of the house of representatives. |
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(b) To be eligible for appointment to the authority, a |
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person may not: |
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(1) be an agent, paid consultant, officer, or employee |
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of a state developmental center, state center, local mental |
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retardation authority, licensed provider of ICF-MR services, or |
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other provider of services to individuals with mental retardation; |
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(2) have a financial interest in a state developmental |
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center, state center, local mental retardation authority, licensed |
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provider of ICF-MR services, or other provider of services to |
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individuals with mental retardation; |
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(3) be an officer, employee, or paid consultant of a |
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trade association in the field of residential services for |
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individuals with mental retardation; or |
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(4) be related within the second degree by affinity or |
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consanguinity, as determined under Chapter 573, Government Code, to |
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a person who is an officer, employee, paid consultant, or resident |
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of a state developmental center, state center, local mental |
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retardation authority, licensed provider of ICF-MR services, or |
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other provider of services to individuals with mental retardation. |
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(c) A person may not serve as a member of the authority or |
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act as the general counsel to the authority if the person is |
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required to register as a lobbyist under Chapter 305, Government |
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Code, because of the person's activities for compensation on behalf |
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of a profession related to the operation of the authority. |
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(d) Chapter 551, Government Code, applies to the authority. |
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(e) A majority of the members of the authority constitute a |
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quorum for the transaction of business. |
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(f) Appointments to the authority shall be made without |
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regard to the race, color, disability, sex, religion, age, or |
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national origin of the appointees. |
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(g) Members serve at the will of the person who appointed |
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the member. |
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Sec. 556.022. VACANCY. The governor or lieutenant governor |
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shall fill a vacancy on the authority in the same manner as the |
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original appointment. |
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Sec. 556.023. PRESIDING OFFICER; OTHER OFFICERS; |
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MEETINGS. (a) The members of the authority shall elect a presiding |
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officer and other necessary officers. |
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(b) The authority may hold meetings in different areas of |
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the state. |
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[Sections 556.024-556.050 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES OF AUTHORITY |
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Sec. 556.051. GENERAL POWERS AND DUTIES OF AUTHORITY. (a) |
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The authority is responsible for recommending the consolidation or |
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closure of state developmental centers in accordance with criteria |
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and benchmarks as described by this chapter and determined by the |
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authority. The authority is also responsible for overseeing the |
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implementation of the authority's recommendations by the |
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commission and the department as required by this chapter. |
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(b) The authority shall ensure that the capacity of state |
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developmental centers has been reduced to not more than 3,000 |
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individuals by January 1, 2014. |
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Sec. 556.052. ADVISORY COMMITTEE. (a) An advisory |
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committee is created to assist and provide information to the |
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authority. |
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(b) The advisory committee is composed of the following |
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representatives, appointed by the executive commissioner: |
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(1) one representative of the commission; |
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(2) one representative of the department; |
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(3) one representative of the Department of State |
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Health Services; |
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(4) two representatives of community services |
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providers; |
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(5) one representative of local mental retardation |
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authorities; |
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(6) two representatives of an advocacy group for |
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persons with disabilities; and |
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(7) one family member of an individual residing in a |
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state developmental center. |
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(c) The advisory committee shall study and make |
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recommendations to the authority regarding the evaluation and |
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consolidation or closure of state developmental centers. |
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Sec. 556.053. EVALUATION OF STATE DEVELOPMENTAL CENTERS. |
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(a) Each biennium, the authority shall evaluate the state |
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developmental center system and determine which state |
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developmental centers should be consolidated or closed by the |
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commission and the department. |
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(b) In evaluating a state developmental center, the |
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authority shall consider the following factors: |
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(1) the proximity of the state developmental center to |
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other state developmental centers and the geographical |
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distribution of remaining state developmental centers; |
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(2) the proximity of the state developmental centers |
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to community services providers and the geographical distribution |
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of those providers; |
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(3) the administrative cost of the state developmental |
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center; |
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(4) the availability of other employment |
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opportunities in the area for employees displaced by the |
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consolidation or closure, including additional employment that may |
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be needed by community services providers if the state |
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developmental center is consolidated or closed; |
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(5) the condition of existing state developmental |
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center structures and existing community services providers; |
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(6) the marketability of the property where the state |
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developmental center is located, as determined in consultation with |
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persons with business development expertise, and whether the |
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property should be sold or converted to another use if the state |
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developmental center is consolidated or closed; |
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(7) the ease of client transfer capability; |
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(8) the capacity at remaining state developmental |
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centers to accommodate persons transferred from a facility |
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identified for consolidation or closure; |
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(9) the capacity of local community services providers |
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to accommodate persons formerly served by the state developmental |
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center; |
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(10) identification of specialty programs and |
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services available at the state developmental center and whether |
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those programs and services are available at other state |
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developmental centers or from local community services providers; |
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(11) the history of incidents of abuse, neglect, or |
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exploitation at the state developmental center; |
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(12) the services and supports that are not available |
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in the community and that resulted in commitment of individuals to |
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the state developmental center during the previous five years; |
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(13) the support needs of residents in the state |
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developmental center and the availability of programs that provide |
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those services in the community; |
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(14) the impact of expanding community programs in the |
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area of the state developmental center, particularly in |
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historically underserved areas of the state; and |
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(15) any other relevant factor as determined by the |
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authority. |
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(c) The advisory committee to the authority may assist the |
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authority in performing the evaluation required by this section. |
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(d) The authority may solicit public testimony and input |
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during the evaluation process. |
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Sec. 556.054. RECOMMENDATION FOR CONSOLIDATION OR CLOSURE; |
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REPORT. (a) Not later than December 1 of each even-numbered year, |
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the authority shall submit a report to the governor, the lieutenant |
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governor, the speaker of the house of representatives, and the |
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standing committee of each house of the legislature with |
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jurisdiction over state developmental centers. The report must |
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include a specific recommendation of whether to consolidate or |
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close one or more state developmental centers and, if consolidation |
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or closure is recommended, which state developmental center or |
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centers should be consolidated or closed. |
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(b) The authority shall include in the report: |
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(1) the name and location of each state developmental |
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center to be consolidated or closed; |
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(2) the number of individuals that will require a |
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transfer to another state developmental center or a community |
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services provider as a result of the consolidation or closure; |
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(3) the number and type of community programs that |
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need to be developed, based on the services and supports the |
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authority determined are not available in the community and that |
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resulted in commitment of individuals to the state developmental |
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center during the previous five years; |
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(4) the number and type of training competencies |
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needed to assist state developmental center employees in gaining |
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the skills needed to transfer to providing services in the |
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community; and |
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(5) any other relevant information as determined by |
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the authority. |
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Sec. 556.055. EFFECT OF RECOMMENDATION. (a) Unless the |
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legislature adopts a resolution rejecting the consolidation or |
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closure of a state developmental center recommended for |
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consolidation or closure by the authority in the first regular |
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legislative session following the report's submission by the |
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authority, the commission and the department shall implement the |
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consolidation or closure of the state developmental center |
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beginning on September 1 of the odd-numbered year following the |
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submission of the report. |
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(b) The authority shall monitor the consolidation or |
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closure of a state developmental center that was recommended for |
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consolidation or closure by the authority. |
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Sec. 556.056. MORATORIUM ON STATE DEVELOPMENTAL CENTER |
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PLACEMENTS. An individual with mental retardation may not be |
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admitted or committed to a state developmental center under Chapter |
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593 on or after September 1, 2009, and until a census of 3,000 has |
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been achieved. The department shall ensure that individuals who |
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would otherwise be committed under that chapter receive services by |
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ensuring programs are available to provide those services. |
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[Sections 556.057-556.100 reserved for expansion] |
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SUBCHAPTER D. COMMUNITY-BASED GROUP HOMES PILOT PROGRAM |
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Sec. 556.101. COMMUNITY-BASED GROUP HOMES PILOT PROGRAM. |
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(a) The department shall establish a pilot program to study the |
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feasibility of the department operating group homes serving not |
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more than four individuals with mental retardation who voluntarily |
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choose to reside at the group home. |
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(b) In establishing a pilot program under this section, the |
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department shall: |
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(1) identify and select two areas in the state that |
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have few community-based resources for individuals with mental |
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retardation; |
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(2) operate at least one group home in each selected |
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community for not less than 12 months; and |
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(3) evaluate whether the operation of the group home |
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by the department: |
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(A) is feasible and cost-effective; |
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(B) provides a necessary alternative for |
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individuals with mental retardation in the selected community; and |
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(C) results in a positive and safe living |
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arrangement for individuals with mental retardation who |
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participate in the pilot program. |
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(c) Not later than December 1, 2010, the department shall |
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submit to the governor, the lieutenant governor, the speaker of the |
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house of representatives, and the commission a report that |
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includes: |
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(1) a description regarding the organization of the |
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pilot program; |
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(2) the findings and recommendations of the department |
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regarding the operation of group homes by the department, including |
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any recommended legislation; and |
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(3) any other relevant information regarding the pilot |
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program as determined by the department. |
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Sec. 556.102. EXPIRATION. This subchapter expires |
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September 2, 2011. |
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SECTION 5. (a) Not later than September 1, 2009, the |
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governor and lieutenant governor shall appoint the members of the |
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State Developmental Center Evaluation Authority as provided by |
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Chapter 556, Health and Safety Code, as added by this Act. |
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(b) 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 the advisory committee as provided by Section 556.052, |
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Health and Safety Code, as added by this Act. |
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(c) Not later than September 1, 2009, the Department of |
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Aging and Disability Services shall establish and begin |
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implementation of the community-based group homes pilot program |
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under Subchapter D, Chapter 556, Health and Safety Code, as added by |
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this Act. |
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SECTION 6. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 7. 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. |