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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 Supported Living Center |
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Realignment Commission and the residential placement of |
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individuals with intellectual and developmental disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 7, Health and Safety Code, is |
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amended by adding Chapter 557 to read as follows: |
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CHAPTER 557. STATE SUPPORTED LIVING CENTER |
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REALIGNMENT COMMISSION |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 557.001. DEFINITIONS. In this chapter: |
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(1) "Realignment Commission" means the State |
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Supported Living Center Realignment Commission. |
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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" means a contracted |
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Home and Community-based Services waiver provider or 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. 557.002. STATE SUPPORTED LIVING CENTER REALIGNMENT |
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COMMISSION. The State Supported Living Center Realignment |
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Commission is established to evaluate and make recommendations |
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regarding the operation and management of state supported living |
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centers. The Realignment Commission is administratively attached |
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to the commission but is independent of direction by the commission |
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or the executive commissioner. The commission shall provide |
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administrative support and resources to the Realignment Commission |
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as necessary to enable the Realignment Commission to perform its |
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duties. |
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Sec. 557.003. SUNSET PROVISION. The State Supported Living |
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Center Realignment Commission 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 Realignment Commission is abolished and this |
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chapter expires September 1, 2023. |
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[Sections 557.004-557.020 reserved for expansion] |
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SUBCHAPTER B. ADMINISTRATIVE PROVISIONS |
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Sec. 557.021. APPOINTMENT OF REALIGNMENT COMMISSION |
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MEMBERS. (a) The Realignment Commission is composed of nine |
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members of the public appointed as 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 Realignment |
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Commission, a person may not: |
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(1) be an agent, paid consultant, officer, or employee |
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of a state supported living center, state center, local mental |
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retardation Realignment Commission, licensed provider of ICF-MR |
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services, or other provider of services to individuals with |
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intellectual and developmental disabilities; |
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(2) have a financial interest in a state supported |
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living center, state center, local mental retardation Realignment |
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Commission, licensed provider of ICF-MR services, or other provider |
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of services to individuals with intellectual and developmental |
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disabilities; |
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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 intellectual and developmental disabilities; 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 supported living center, state center, local mental |
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retardation Realignment Commission, licensed provider of ICF-MR |
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services, or other provider of services to individuals with |
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intellectual and developmental disabilities. |
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(c) A person may not serve as a member of the Realignment |
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Commission or act as the general counsel to the Realignment |
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Commission if the person is required to register as a lobbyist under |
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Chapter 305, Government Code, because of the person's activities |
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for compensation on behalf of a profession related to the operation |
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of the Realignment Commission. |
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(d) Chapter 551, Government Code, applies to the |
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Realignment Commission. |
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(e) A majority of the members of the Realignment Commission |
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constitute a quorum for the transaction of business. |
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(f) Appointments to the Realignment Commission shall be |
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made without regard to the race, color, disability, sex, religion, |
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age, or 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. 557.022. VACANCY. The governor or lieutenant governor |
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shall fill a vacancy on the Realignment Commission in the same |
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manner as the original appointment. |
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Sec. 557.023. PRESIDING OFFICER; OTHER OFFICERS; |
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MEETINGS. (a) The members of the Realignment Commission shall |
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elect a presiding officer and other necessary officers. |
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(b) The Realignment Commission may hold meetings in |
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different areas of the state. |
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[Sections 557.024-557.050 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES OF REALIGNMENT COMMISSION |
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Sec. 557.051. GENERAL POWERS AND DUTIES OF REALIGNMENT |
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COMMISSION. (a) The Realignment Commission is responsible for |
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recommending the consolidation or closure of state supported living |
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centers in accordance with criteria and benchmarks as described by |
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this chapter and determined by the Realignment Commission. The |
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Realignment Commission is also responsible for overseeing the |
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implementation of the Realignment Commission's recommendations by |
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the commission and the department as required by this chapter. |
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(b) The Realignment Commission shall ensure that the |
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capacity of state supported living centers has been reduced to not |
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more than 3,000 individuals by January 1, 2016. |
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Sec. 557.052. ADVISORY COMMITTEE. (a) An advisory |
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committee is created to assist and provide information to the |
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Realignment Commission. |
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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 supported living center. |
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(c) The advisory committee shall study and make |
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recommendations to the Realignment Commission regarding the |
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evaluation and consolidation or closure of state supported living |
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centers. |
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Sec. 557.053. EVALUATION OF STATE SUPPORTED LIVING CENTERS. |
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(a) Each biennium, the Realignment Commission shall evaluate the |
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state supported living center system and determine which state |
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supported living 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 supported living center, the |
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Realignment Commission shall consider the following factors: |
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(1) the proximity of the state supported living center |
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to other state supported living centers and the geographical |
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distribution of remaining state supported living centers; |
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(2) the proximity of the state supported living |
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centers to community services providers and the geographical |
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distribution of those providers; |
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(3) the administrative cost of the state supported |
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living 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 supported |
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living center is consolidated or closed; |
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(5) the condition of existing state supported living |
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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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supported living center is located, as determined in consultation |
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with 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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supported living 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 supported living |
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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 supported |
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living center; |
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(10) identification of specialty programs and |
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services available at the state supported living center and whether |
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those programs and services are available at other state supported |
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living 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 supported living 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 supported living center during the previous five years; |
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(13) the support needs of residents in the state |
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supported living center and the availability of programs that |
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provide 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 supported living 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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Realignment Commission. |
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(c) The advisory committee to the Realignment Commission |
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may assist the Realignment Commission in performing the evaluation |
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required by this section. |
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(d) The Realignment Commission may solicit public testimony |
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and input during the evaluation process. |
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Sec. 557.054. 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 Realignment Commission shall submit a report to the governor, |
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the lieutenant governor, the speaker of the house of |
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representatives, and the standing committee of each house of the |
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legislature with jurisdiction over state supported living centers. |
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The report must include a specific recommendation of whether to |
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consolidate or close one or more state supported living centers |
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and, if consolidation or closure is recommended, which state |
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supported living center or centers should be consolidated or |
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closed. |
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(b) The Realignment Commission shall include in the report: |
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(1) the name and location of each state supported |
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living 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 supported living 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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Realignment Commission determined are not available in the |
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community and that resulted in commitment of individuals to the |
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state supported living 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 supported living 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 Realignment Commission. |
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Sec. 557.055. 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 supported living center recommended for |
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consolidation or closure by the Realignment Commission in the first |
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regular legislative session following the report's submission by |
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the Realignment Commission, the commission and the department shall |
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implement the consolidation or closure of the state supported |
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living center beginning on September 1 of the odd-numbered year |
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following the submission of the report. |
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(b) The Realignment Commission shall monitor the |
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consolidation or closure of a state supported living center that |
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was recommended for consolidation or closure by the Realignment |
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Commission. |
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Sec. 557.056. MORATORIUM ON STATE SUPPORTED LIVING CENTER |
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PLACEMENTS. An individual with intellectual and developmental |
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disabilities may not be admitted or committed to a state supported |
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living center under Chapter 593 on or after September 1, 2011, and |
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until a census of 3,000 has been achieved. The department shall |
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ensure that individuals who would otherwise be committed under that |
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chapter receive services by ensuring programs are available to |
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provide those services. |
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[Sections 557.057-557.100 reserved for expansion] |
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SUBCHAPTER D. COMMUNITY-BASED GROUP HOMES PILOT PROGRAM |
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Sec. 557.101. 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 intellectual and developmental |
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disabilities who voluntarily 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 |
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intellectual and developmental disabilities; |
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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 intellectual and developmental disabilities in |
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the selected community; and |
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(C) results in a positive and safe living |
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arrangement for individuals with intellectual and developmental |
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disabilities who participate in the pilot program. |
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(c) Not later than December 1, 2012, 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. 557.102. EXPIRATION. This subchapter expires |
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September 2, 2013. |
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SECTION 2. (a) Not later than September 1, 2011, the |
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governor and lieutenant governor shall appoint the members of the |
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State Supported Living Center Realignment Commission as provided by |
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Chapter 557, Health and Safety Code, as added by this Act. |
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(b) Not later than January 1, 2012, 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 557.052, |
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Health and Safety Code, as added by this Act. |
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(c) Not later than September 1, 2011, 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 557, Health and Safety Code, as added by |
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this Act. |
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SECTION 3. 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 4. 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, 2011. |