81R13354 UM-D

By: Shapleigh S.B. No. 1407

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the State Developmental Center Evaluation Authority and the residential placement of individuals with mental retardation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 531.002(17), Health and Safety Code, is amended to read as follows:

(17) "State developmental center [school]" means a state-supported and structured residential facility operated by the Department of Aging and Disability Services [department] to provide to clients with mental retardation a variety of services, including medical treatment, specialized therapy, and training in the acquisition of personal, social, and vocational skills.

SECTION 2. Chapter 531, Health and Safety Code, is amended by adding Section 531.0021 to read as follows:

Sec. 531.0021. REFERENCE TO STATE SCHOOL. A reference in law to a "state school" means a state developmental center.

SECTION 3. Section 532.001(b), Health and Safety Code, is amended to read as follows:

(b) The Department of Aging and Disability Services and the Department of State Health Services [department] also include [includes] community services operated by those departments [the department] and the following facilities, as appropriate:

(1) the central office of the department;

(2) the Austin State Hospital;

(3) the Big Spring State Hospital;

(4) the Kerrville State Hospital;

(5) the Rusk State Hospital;

(6) the San Antonio State Hospital;

(7) the Terrell State Hospital;

(8) the North Texas State Hospital;

(9) the Abilene State Developmental Center [School];

(10) the Austin State Developmental Center [School];

(11) the Brenham State Developmental Center [School];

(12) the Corpus Christi State Developmental Center [School];

(13) the Denton State Developmental Center [School];

(14) the Lubbock State Developmental Center [School];

(15) the Lufkin State Developmental Center [School];

(16) the Mexia State Developmental Center [School];

(17) the Richmond State Developmental Center [School];

(18) the San Angelo State Developmental Center [School];

(19) the San Antonio State Developmental Center [School];

(20) the El Paso State Developmental Center;

(21) the Rio Grande State Center; and

(22) the Waco Center for Youth.

SECTION 4. Subtitle B, Title 7, Health and Safety Code, is amended by adding Chapter 556 to read as follows:

CHAPTER 556. STATE DEVELOPMENTAL CENTER EVALUATION AUTHORITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 556.001. DEFINITIONS. In this chapter:

(1) "Authority" means the State Developmental Center Evaluation Authority.

(2) "Commission" means the Health and Human Services Commission.

(3) "Community services provider" includes a licensed ICF-MR provider with fewer than 16 beds.

(4) "Department" means the Department of Aging and Disability Services.

(5) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.

Sec. 556.002. STATE DEVELOPMENTAL CENTER EVALUATION AUTHORITY. The State Developmental Center Evaluation Authority is established to evaluate and make recommendations regarding the operation and management of state developmental centers. The authority is administratively attached to the commission but is independent of direction by the commission or the executive commissioner. The commission shall provide administrative support and resources to the authority as necessary to enable the authority to perform its duties.

Sec. 556.003. SUNSET PROVISION. The State Developmental Center Evaluation Authority is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the authority is abolished and this chapter expires September 1, 2021.

[Sections 556.004-556.020 reserved for expansion]

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 556.021. APPOINTMENT OF AUTHORITY MEMBERS. (a) The authority is composed of nine members of the public appointed as follows:

(1) three members of the public appointed by the governor;

(2) three members appointed by the lieutenant governor; and

(3) three members appointed by the governor from a list provided by the speaker of the house of representatives.

(b) To be eligible for appointment to the authority, a person may not:

(1) be an agent, paid consultant, officer, or employee of a state developmental center, state center, local mental retardation authority, licensed provider of ICF-MR services, or other provider of services to individuals with mental retardation;

(2) have a financial interest in a state developmental center, state center, local mental retardation authority, licensed provider of ICF-MR services, or other provider of services to individuals with mental retardation;

(3) be an officer, employee, or paid consultant of a trade association in the field of residential services for individuals with mental retardation; or

(4) be related within the second degree by affinity or consanguinity, as determined under Chapter 573, Government Code, to a person who is an officer, employee, paid consultant, or resident of a state developmental center, state center, local mental retardation authority, licensed provider of ICF-MR services, or other provider of services to individuals with mental retardation.

(c) A person may not serve as a member of the authority or act as the general counsel to the authority if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the authority.

(d) Chapter 551, Government Code, applies to the authority.

(e) A majority of the members of the authority constitute a quorum for the transaction of business.

(f) Appointments to the authority shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

(g) Members serve at the will of the person who appointed the member.

Sec. 556.022. VACANCY. The governor or lieutenant governor shall fill a vacancy on the authority in the same manner as the original appointment.

Sec. 556.023. PRESIDING OFFICER; OTHER OFFICERS; MEETINGS. (a) The members of the authority shall elect a presiding officer and other necessary officers.

(b) The authority may hold meetings in different areas of the state.

[Sections 556.024-556.050 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES OF AUTHORITY

Sec. 556.051. GENERAL POWERS AND DUTIES OF AUTHORITY. (a) The authority is responsible for recommending the consolidation or closure of state developmental centers in accordance with criteria and benchmarks as described by this chapter and determined by the authority. The authority is also responsible for overseeing the implementation of the authority's recommendations by the commission and the department as required by this chapter.

(b) The authority shall ensure that the capacity of state developmental centers has been reduced to not more than 3,000 individuals by January 1, 2014.

Sec. 556.052. ADVISORY COMMITTEE. (a) An advisory committee is created to assist and provide information to the authority.

(b) The advisory committee is composed of the following representatives, appointed by the executive commissioner:

(1) one representative of the commission;

(2) one representative of the department;

(3) one representative of the Department of State Health Services;

(4) two representatives of community services providers;

(5) one representative of local mental retardation authorities;

(6) two representatives of an advocacy group for persons with disabilities; and

(7) one family member of an individual residing in a state developmental center.

(c) The advisory committee shall study and make recommendations to the authority regarding the evaluation and consolidation or closure of state developmental centers.

Sec. 556.053. EVALUATION OF STATE DEVELOPMENTAL CENTERS. (a) Each biennium, the authority shall evaluate the state developmental center system and determine which state developmental centers should be consolidated or closed by the commission and the department.

(b) In evaluating a state developmental center, the authority shall consider the following factors:

(1) the proximity of the state developmental center to other state developmental centers and the geographical distribution of remaining state developmental centers;

(2) the proximity of the state developmental centers to community services providers and the geographical distribution of those providers;

(3) the administrative cost of the state developmental center;

(4) the availability of other employment opportunities in the area for employees displaced by the consolidation or closure, including additional employment that may be needed by community services providers if the state developmental center is consolidated or closed;

(5) the condition of existing state developmental center structures and existing community services providers;

(6) the marketability of the property where the state developmental center is located, as determined in consultation with persons with business development expertise, and whether the property should be sold or converted to another use if the state developmental center is consolidated or closed;

(7) the ease of client transfer capability;

(8) the capacity at remaining state developmental centers to accommodate persons transferred from a facility identified for consolidation or closure;

(9) the capacity of local community services providers to accommodate persons formerly served by the state developmental center;

(10) identification of specialty programs and services available at the state developmental center and whether those programs and services are available at other state developmental centers or from local community services providers;

(11) the history of incidents of abuse, neglect, or exploitation at the state developmental center;

(12) the services and supports that are not available in the community and that resulted in commitment of individuals to the state developmental center during the previous five years;

(13) the support needs of residents in the state developmental center and the availability of programs that provide those services in the community;

(14) the impact of expanding community programs in the area of the state developmental center, particularly in historically underserved areas of the state; and

(15) any other relevant factor as determined by the authority.

(c) The advisory committee to the authority may assist the authority in performing the evaluation required by this section.

(d) The authority may solicit public testimony and input during the evaluation process.

Sec. 556.054. RECOMMENDATION FOR CONSOLIDATION OR CLOSURE; REPORT. (a) Not later than December 1 of each even-numbered year, the authority shall submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing committee of each house of the legislature with jurisdiction over state developmental centers. The report must include a specific recommendation of whether to consolidate or close one or more state developmental centers and, if consolidation or closure is recommended, which state developmental center or centers should be consolidated or closed.

(b) The authority shall include in the report:

(1) the name and location of each state developmental center to be consolidated or closed;

(2) the number of individuals that will require a transfer to another state developmental center or a community services provider as a result of the consolidation or closure;

(3) the number and type of community programs that need to be developed, based on the services and supports the authority determined are not available in the community and that resulted in commitment of individuals to the state developmental center during the previous five years;

(4) the number and type of training competencies needed to assist state developmental center employees in gaining the skills needed to transfer to providing services in the community; and

(5) any other relevant information as determined by the authority.

Sec. 556.055. EFFECT OF RECOMMENDATION. (a) Unless the legislature adopts a resolution rejecting the consolidation or closure of a state developmental center recommended for consolidation or closure by the authority in the first regular legislative session following the report's submission by the authority, the commission and the department shall implement the consolidation or closure of the state developmental center beginning on September 1 of the odd-numbered year following the submission of the report.

(b) The authority shall monitor the consolidation or closure of a state developmental center that was recommended for consolidation or closure by the authority.

Sec. 556.056. MORATORIUM ON STATE DEVELOPMENTAL CENTER PLACEMENTS. An individual with mental retardation may not be admitted or committed to a state developmental center under Chapter 593 on or after September 1, 2009, and until a census of 3,000 has been achieved. The department shall ensure that individuals who would otherwise be committed under that chapter receive services by ensuring programs are available to provide those services.

[Sections 556.057-556.100 reserved for expansion]

SUBCHAPTER D. COMMUNITY-BASED GROUP HOMES PILOT PROGRAM

Sec. 556.101. COMMUNITY-BASED GROUP HOMES PILOT PROGRAM. (a) The department shall establish a pilot program to study the feasibility of the department operating group homes serving not more than four individuals with mental retardation who voluntarily choose to reside at the group home.

(b) In establishing a pilot program under this section, the department shall:

(1) identify and select two areas in the state that have few community-based resources for individuals with mental retardation;

(2) operate at least one group home in each selected community for not less than 12 months; and

(3) evaluate whether the operation of the group home by the department:

(A) is feasible and cost-effective;

(B) provides a necessary alternative for individuals with mental retardation in the selected community; and

(C) results in a positive and safe living arrangement for individuals with mental retardation who participate in the pilot program.

(c) Not later than December 1, 2010, the department shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the commission a report that includes:

(1) a description regarding the organization of the pilot program;

(2) the findings and recommendations of the department regarding the operation of group homes by the department, including any recommended legislation; and

(3) any other relevant information regarding the pilot program as determined by the department.

Sec. 556.102. EXPIRATION. This subchapter expires September 2, 2011.

SECTION 5. (a) Not later than September 1, 2009, the governor and lieutenant governor shall appoint the members of the State Developmental Center Evaluation Authority as provided by Chapter 556, Health and Safety Code, as added by this Act.

(b) Not later than January 1, 2010, the executive commissioner of the Health and Human Services Commission shall appoint the advisory committee as provided by Section 556.052, Health and Safety Code, as added by this Act.

(c) Not later than September 1, 2009, the Department of Aging and Disability Services shall establish and begin implementation of the community-based group homes pilot program under Subchapter D, Chapter 556, Health and Safety Code, as added by this Act.

SECTION 6. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

SECTION 7. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.