By: Kolkhorst  S.B. No. 944
         (In the Senate - Filed February 15, 2023; March 3, 2023,
  read first time and referred to Committee on Health & Human
  Services; March 27, 2023, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  March 27, 2023, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 944 By:  Hancock
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the commitment order for individuals with intellectual
  disabilities who are committed to state supported living centers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 593.013, Health and
  Safety Code, is amended to read as follows:
         Sec. 593.013.  [REQUIREMENT OF] INTERDISCIPLINARY TEAM
  RECOMMENDATION.
         SECTION 2.  Section 593.013(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Except as provided by Section 593.0511, a [A] person may
  not be admitted or committed to a residential care facility unless
  an interdisciplinary team recommends that placement.
         SECTION 3.  Section 593.041(d), Health and Safety Code, is
  amended to read as follows:
         (d)  Except as provided by Section 593.0511, a [A] person may
  not be committed to the department for placement in a residential
  care facility under this subchapter unless a report by an
  interdisciplinary team recommending the placement has been
  completed during the six months preceding the date of the court
  hearing on the application.  If the report and recommendations have
  not been completed or revised during that period, the court shall
  order the report and recommendations on receiving the application.
         SECTION 4.  Section 593.050(d), Health and Safety Code, is
  amended to read as follows:
         (d)  The Texas Rules of Evidence apply.  The results of the
  determination of an intellectual disability and the current
  interdisciplinary team report and recommendations, except in the
  case of a long-term placement under Section 593.0511, shall be
  presented in evidence.
         SECTION 5.  Subchapter C, Chapter 593, Health and Safety
  Code, is amended by adding Section 593.0511 to read as follows:
         Sec. 593.0511.  LONG-TERM PLACEMENT WITHOUT
  INTERDISCIPLINARY TEAM RECOMMENDATION.  A court may commit a
  proposed patient to long-term placement in a residential care
  facility without an interdisciplinary team recommendation under
  Section 593.013 if the court determines beyond a reasonable doubt
  that the placement is appropriate.
         SECTION 6.  Section 593.052(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A proposed resident may not be committed to a
  residential care facility unless:
               (1)  the proposed resident is a person with an
  intellectual disability;
               (2)  a petition to the court to issue a commitment order
  by the guardian of the proposed resident or, if the proposed
  resident is a minor, the parent of the proposed resident or the
  current interdisciplinary team report and recommendations, if
  applicable, show [evidence is presented showing] that because of
  the proposed resident's intellectual disability, the proposed
  resident:
                     (A)  represents a substantial risk of physical
  impairment or injury to the proposed resident or others; or
                     (B)  is unable to provide for and is not providing
  for the proposed resident's most basic personal physical needs;
               (3)  the proposed resident cannot be adequately and
  appropriately habilitated in an available, less restrictive
  setting; and
               (4)  the residential care facility provides
  habilitative services, care, training, and treatment appropriate
  to the proposed resident's needs.
         SECTION 7.  This Act takes effect September 1, 2023.
 
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