|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to transitional living assistance and appropriate care |
|
settings for children with disabilities who reside in general |
|
residential operations. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 531.0244, Government Code, is amended by |
|
adding Subsection (c-1) to read as follows: |
|
(c-1) For purposes of determining the appropriateness of |
|
transfers under Subsection (b)(3) and developing the strategies |
|
required by Subsection (b)(4), a health and human services agency |
|
shall presume the eligibility of a child residing in a general |
|
residential operation, as defined by Section 42.002, Human |
|
Resources Code, for transfer to an appropriate community-based |
|
setting. |
|
SECTION 2. Subdivision (1), Subsection (a), Section |
|
531.059, Government Code, is amended to read as follows: |
|
(1) "Institutional housing" means: |
|
(A) an ICF-MR, as defined by Section 531.002, |
|
Health and Safety Code; |
|
(B) a nursing facility; |
|
(C) a state hospital, state school, or state |
|
center maintained and managed by the Texas Department of Mental |
|
Health and Mental Retardation; [or] |
|
(D) an institution for the mentally retarded |
|
licensed or operated by the Department of Family and Protective |
|
[and Regulatory] Services; or |
|
(E) a general residential operation, as defined |
|
by Section 42.002, Human Resources Code. |
|
SECTION 3. 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 4. 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, 2013. |