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A BILL TO BE ENTITLED
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AN ACT
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relating to community homes for persons with disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 123.002, Human Resources Code, is |
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amended to read as follows: |
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Sec. 123.002. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Department" means the Department of Aging and |
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Disability Services. |
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(2) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(3) "Person [,"person] with a disability" means a |
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person whose ability to care for the person's self [himself], |
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perform manual tasks, learn, work, walk, see, hear, speak, or |
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breathe is substantially limited because the person has: |
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(A) [(1)] an orthopedic, visual, speech, or |
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hearing impairment; |
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(B) [(2)] Alzheimer's disease; |
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(C) [(3)] pre-senile dementia; |
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(D) [(4)] cerebral palsy; |
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(E) [(5)] epilepsy; |
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(F) [(6)] muscular dystrophy; |
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(G) [(7)] multiple sclerosis; |
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(H) [(8)] cancer; |
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(I) [(9)] heart disease; |
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(J) [(10)] diabetes; |
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(K) [(11)] mental retardation; |
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(L) [(12)] autism; or |
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(M) [(13)] emotional illness. |
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SECTION 2. Section 123.004, Human Resources Code, is |
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amended to read as follows: |
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Sec. 123.004. QUALIFICATION AS COMMUNITY HOME. To qualify |
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as a community home, an entity must comply with Sections 123.005 |
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through 123.008 and be: |
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(1) a community-based residential home operated by: |
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(A) the department [Texas Department of Mental
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Health and Mental Retardation]; |
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(B) a community center organized under |
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Subchapter A, Chapter 534, Health and Safety Code, that provides |
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services to persons with disabilities; |
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(C) an entity subject to the Texas Nonprofit |
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Corporation Law as described by Section 1.008, Business |
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Organizations Code [Non-Profit Corporation Act (Article 1396-1.01
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et seq., Vernon's Texas Civil Statutes)]; or |
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(D) an entity certified by the Health and [Texas
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Department of] Human Services Commission as a provider under the |
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medical assistance program serving persons in intermediate care |
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facilities for persons with mental retardation; or |
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(2) an assisted living facility licensed under Chapter |
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247, Health and Safety Code, provided that the exterior structure |
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retains compatibility with the surrounding residential dwellings. |
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SECTION 3. Section 123.007, Human Resources Code, is |
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amended to read as follows: |
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Sec. 123.007. LICENSING AND REGISTRATION REQUIREMENTS. (a) |
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A community home must meet all applicable licensing requirements. |
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(b) A community home that is not registered, licensed, |
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operated, certified, or otherwise regulated by a state agency shall |
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register with the department in accordance with rules adopted by |
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the executive commissioner. |
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SECTION 4. Section 123.008, Human Resources Code, is |
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amended to read as follows: |
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Sec. 123.008. LOCATION REQUIREMENT. (a) A community home |
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may not be established within one-half mile of an existing |
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community home. |
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(b) The department or another state regulatory agency may |
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not operate a community home that is located within one-half mile of |
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an existing community home and may not issue or renew a |
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registration, license, or certificate to such a home. |
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(c) If a community home is registered, licensed, operated, |
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certified, or otherwise regulated by the department or another |
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state agency under another law, the department or other agency may |
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enforce a violation of this section in the same manner the |
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department or other agency enforces a violation of that other law. |
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(d) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 5. Section 123.010, Human Resources Code, is |
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amended to read as follows: |
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Sec. 123.010. ENSURING THE SAFETY OF RESIDENTS. The |
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department [Texas Department of Mental Health and Mental
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Retardation] shall make every reasonable effort to ensure the |
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safety of community home residents and the residents of a |
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neighborhood that is affected by the location of a community home. |
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SECTION 6. (a) Not later than January 1, 2014, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules as required by Sections 123.007 and 123.008, Human |
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Resources Code, as amended by this Act. |
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(b) A community home that is subject to Section 123.007(b), |
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Human Resources Code, as added by this Act, is not required to |
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register with the Department of Aging and Disability Services as |
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required by that section until February 1, 2014. |
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SECTION 7. This Act takes effect September 1, 2013. |