Texas 2009 - 81st Regular

Texas House Bill HB1317 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R7930 UM-D
2	2	By: Rose H.B. No. 1317
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the protection and care of individuals with mental
8	8	retardation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 261.404, Family Code, is amended by
11	11	adding Subsection (b-1) to read as follows:
12	12	(b-1) If an investigation under this section reveals
13	13	evidence of abuse, neglect, or exploitation of a resident or client
14	14	of a state developmental center as defined by Section 531.002,
15	15	Health and Safety Code, or the ICF-MR component of the Rio Grande
16	16	State Center, and a caseworker of the department or a supervisor of
17	17	a caseworker believes that the abuse, neglect, or exploitation is a
18	18	criminal offense, the caseworker or supervisor shall immediately
19	19	notify the Health and Human Services Commission's office of
20	20	inspector general and promptly provide the Health and Human
21	21	Services Commission's office of inspector general with a copy of
22	22	the department's investigation report.
23	23	SECTION 2. Subchapter F, Chapter 411, Government Code, is
24	24	amended by adding Section 411.1144 to read as follows:
25	25	Sec. 411.1144. ACCESS TO CRIMINAL HISTORY RECORD
26	26	INFORMATION: AGENCIES WITH EMPLOYEES OR VOLUNTEERS AT STATE
27	27	DEVELOPMENTAL CENTERS. (a) The Department of State Health
28	28	Services and the Department of Aging and Disability Services are
29	29	entitled to obtain from the department criminal history record
30	30	information maintained by the department that relates to a person:
31	31	(1) who is:
32	32	(A) an applicant for employment with the agency;
33	33	(B) an employee of the agency;
34	34	(C) a volunteer with the agency; or
35	35	(D) an applicant for a volunteer position with
36	36	the agency; and
37	37	(2) who would be placed in direct contact with a
38	38	resident or client of a state developmental center or the ICF-MR
39	39	component of the Rio Grande State Center.
40	40	(b) Criminal history record information obtained by an
41	41	agency under Subsection (a) may not be released or disclosed to any
42	42	person except:
43	43	(1) on court order;
44	44	(2) with the consent of the person who is the subject
45	45	of the criminal history record information;
46	46	(3) for purposes of an administrative hearing held by
47	47	the agency concerning the person who is the subject of the criminal
48	48	history record information; or
49	49	(4) as provided by Subsection (c).
50	50	(c) An agency is not prohibited from releasing criminal
51	51	history record information obtained under Subsection (a) or (d) to
52	52	the person who is the subject of the criminal history record
53	53	information.
54	54	(d) Subject to Section 411.087, the Department of State
55	55	Health Services and the Department of Aging and Disability Services
56	56	are entitled to:
57	57	(1) obtain through the Federal Bureau of Investigation
58	58	criminal history record information maintained or indexed by that
59	59	bureau that pertains to a person described by Subsection (a); and
60	60	(2) obtain from any other criminal justice agency in
61	61	this state criminal history record information maintained by that
62	62	criminal justice agency that relates to a person described by
63	63	Subsection (a).
64	64	SECTION 3. Subchapter C, Chapter 531, Government Code, is
65	65	amended by adding Section 531.1022 to read as follows:
66	66	Sec. 531.1022. ASSISTING CERTAIN INVESTIGATIONS BY LAW
67	67	ENFORCEMENT. (a) The office of inspector general shall employ and
68	68	commission peace officers for the sole purpose of assisting a state
69	69	or local law enforcement agency in the investigation of an alleged
70	70	criminal offense involving a resident or client of a state
71	71	developmental center as defined by Section 531.002, Health and
72	72	Safety Code, or the ICF-MR component of the Rio Grande State Center.
73	73	A peace officer employed and commissioned by the office is a peace
74	74	officer for purposes of Article 2.12, Code of Criminal Procedure.
75	75	(b) The office of inspector general shall prepare a final
76	76	report for each investigation conducted under this section. The
77	77	office shall ensure that the report does not contain identifying
78	78	information of an individual mentioned in the report. The final
79	79	report must include:
80	80	(1) a summary of the activities performed by the
81	81	office of inspector general in conducting the investigation;
82	82	(2) a statement regarding whether the investigation
83	83	resulted in a finding that an alleged criminal offense was
84	84	committed; and
85	85	(3) a description of the alleged criminal offense that
86	86	was committed.
87	87	(c) The office of inspector general shall deliver the final
88	88	report to the:
89	89	(1) executive commissioner;
90	90	(2) commissioner of the Department of Aging and
91	91	Disability Services;
92	92	(3) commissioner of the Department of Family and
93	93	Protective Services;
94	94	(4) Aging and Disability Services Council;
95	95	(5) governor;
96	96	(6) lieutenant governor;
97	97	(7) speaker of the house of representatives;
98	98	(8) standing committees of the senate and house of
99	99	representatives with primary jurisdiction over state developmental
100	100	centers; and
101	101	(9) state auditor.
102	102	(d) A final report regarding an investigation is subject to
103	103	required disclosure under Chapter 552. All information and
104	104	materials compiled by the office of inspector general in connection
105	105	with an investigation are confidential, and not subject to
106	106	disclosure under Chapter 552, and not subject to disclosure,
107	107	discovery, subpoena, or other means of legal compulsion for their
108	108	release to anyone other than the office or its employees or agents
109	109	involved in the investigation conducted by the office, except that
110	110	this information may be disclosed to the office of the attorney
111	111	general, the state auditor's office, and law enforcement agencies.
112	112	(e) The office of inspector general shall prepare an annual
113	113	status report of its activities under this section. The annual
114	114	report may not contain identifying information of an individual
115	115	mentioned in the report. The annual status report must include
116	116	information that is aggregated and disaggregated by individual
117	117	state developmental center or the ICF-MR component of the Rio
118	118	Grande State Center regarding:
119	119	(1) the number and type of alleged offenses
120	120	investigated by the office;
121	121	(2) the number and type of alleged offenses involving
122	122	an employee of a state developmental center or the ICF-MR component
123	123	of the Rio Grande State Center;
124	124	(3) the relationship of an alleged victim to an
125	125	alleged perpetrator; and
126	126	(4) the number of investigations conducted that
127	127	involve the suicide, death, or hospitalization of an alleged
128	128	victim.
129	129	(f) The office of inspector general shall submit the annual
130	130	status report to the:
131	131	(1) executive commissioner;
132	132	(2) commissioner of the Department of Aging and
133	133	Disability Services;
134	134	(3) commissioner of the Department of Family and
135	135	Protective Services;
136	136	(4) Aging and Disability Services Council;
137	137	(5) Family and Protective Services Council;
138	138	(6) governor;
139	139	(7) lieutenant governor;
140	140	(8) speaker of the house of representatives;
141	141	(9) standing committees of the senate and house of
142	142	representatives with primary jurisdiction over state developmental
143	143	centers;
144	144	(10) state auditor; and
145	145	(11) comptroller.
146	146	(g) An annual status report submitted under this section is
147	147	public information under Chapter 552.
148	148	SECTION 4. Section 252.122(a), Health and Safety Code, is
149	149	amended to read as follows:
150	150	(a) A person, including an owner or employee of a facility,
151	151	who has cause to believe that the physical or mental health or
152	152	welfare of a resident has been or may be adversely affected by abuse
153	153	or neglect caused by another person shall report the abuse or
154	154	neglect to the Department of Family and Protective Services
155	155	[department], to a designated agency, or to both the Department of
156	156	Family and Protective Services [department] and the designated
157	157	agency, as specified in [department] rules adopted by the
158	158	Department of Family and Protective Services.
159	159	SECTION 5. Section 252.124(b), Health and Safety Code, is
160	160	amended to read as follows:
161	161	(b) A local or state law enforcement agency that receives a
162	162	report of abuse or neglect shall refer the report to the Department
163	163	of Family and Protective Services [department] or the designated
164	164	agency.
165	165	SECTION 6. Sections 252.125(a), (c), (d), (e), (f), and
166	166	(g), Health and Safety Code, are amended to read as follows:
167	167	(a) The Department of Family and Protective Services
168	168	[department] or the designated agency shall make a thorough
169	169	investigation promptly after receiving either the oral or written
170	170	report.
171	171	(c) In the investigation, the Department of Family and
172	172	Protective Services [department] or the designated agency shall
173	173	determine:
174	174	(1) the nature, extent, and cause of the abuse or
175	175	neglect;
176	176	(2) the identity of the person responsible for the
177	177	abuse or neglect;
178	178	(3) the names and conditions of the other residents;
179	179	(4) an evaluation of the persons responsible for the
180	180	care of the residents;
181	181	(5) the adequacy of the facility environment; and
182	182	(6) any other information required by the Department
183	183	of Family and Protective Services [department].
184	184	(d) The investigation may include a visit to the resident's
185	185	facility and an interview with the resident, if considered
186	186	appropriate by the Department of Family and Protective Services
187	187	[department].
188	188	(e) If the Department of Family and Protective Services
189	189	[department] attempts to carry out an on-site investigation and it
190	190	is shown that admission to the facility or any place where a
191	191	resident is located cannot be obtained, a probate or county court
192	192	shall order the person responsible for the care of the resident or
193	193	the person in charge of a place where the resident is located to
194	194	allow admission for the investigation and any interview with the
195	195	resident.
196	196	(f) Before the completion of the investigation, the
197	197	Department of Family and Protective Services [department] shall
198	198	file a petition for temporary care and protection of the resident if
199	199	the Department of Family and Protective Services [department]
200	200	determines that immediate removal is necessary to protect the
201	201	resident from further abuse or neglect.
202	202	(g) The Department of Family and Protective Services
203	203	[department] or the designated agency shall make a complete written
204	204	report of the investigation and submit the report and its
205	205	recommendations to the district attorney and the appropriate law
206	206	enforcement agency and, if necessary, to the Department of Family
207	207	and Protective Services [department] on the Department of Family
208	208	and Protective Services' [department's] request.
209	209	SECTION 7. Section 252.126, Health and Safety Code, is
210	210	amended to read as follows:
211	211	Sec. 252.126. CONFIDENTIALITY. A report, record, or
212	212	working paper used or developed in an investigation made under this
213	213	subchapter is confidential and may be disclosed only for purposes
214	214	consistent with the rules adopted by the executive commissioner of
215	215	the Health and Human Services Commission [board] or the designated
216	216	agency.
217	217	SECTION 8. Section 252.129, Health and Safety Code, is
218	218	amended by adding Subsection (d) to read as follows:
219	219	(d) The department and the Department of Family and
220	220	Protective Services shall cooperate to ensure that the central
221	221	registry required by this section accurately includes reported
222	222	cases of resident abuse and neglect.
223	223	SECTION 9. Sections 252.134(a) through (e), Health and
224	224	Safety Code, are amended to read as follows:
225	225	(a) A facility licensed under this chapter shall submit a
226	226	report to the Department of Family and Protective Services
227	227	[department] concerning the death of:
228	228	(1) a resident of the facility; and
229	229	(2) a former resident that occurs 24 hours or less
230	230	after the former resident is transferred from the facility to a
231	231	hospital.
232	232	(b) The report must be submitted not later than the 10th
233	233	working day after the last day of each month in which a resident of
234	234	the facility dies. The facility must make the report on a form
235	235	prescribed by the Department of Family and Protective Services
236	236	[department]. The report must contain the name and social security
237	237	number of the deceased.
238	238	(c) The Department of Family and Protective Services
239	239	[department] shall correlate reports under this section with death
240	240	certificate information to develop data relating to the:
241	241	(1) name and age of the deceased;
242	242	(2) official cause of death listed on the death
243	243	certificate;
244	244	(3) date, time, and place of death; and
245	245	(4) name and address of the facility in which the
246	246	deceased resided.
247	247	(d) Unless specified by rules adopted by the executive
248	248	commissioner of the Health and Human Services Commission [board
249	249	rule], a record under this section is confidential and not subject
250	250	to the provisions of Chapter 552, Government Code.
251	251	(e) The Department of Family and Protective Services
252	252	[department] shall develop statistical information on official
253	253	causes of death to determine patterns and trends of incidents of
254	254	death among persons with mental retardation and related conditions
255	255	and in specific facilities. Information developed under this
256	256	subsection is not confidential.
257	257	SECTION 10. Section 531.002(17), Health and Safety Code, is
258	258	amended to read as follows:
259	259	(17) "State developmental center [school]" means a
260	260	state-supported and structured residential facility operated by
261	261	the Department of Aging and Disability Services [department] to
262	262	provide to clients with mental retardation a variety of services,
263	263	including medical treatment, specialized therapy, and training in
264	264	the acquisition of personal, social, and vocational skills.
265	265	SECTION 11. Chapter 531, Health and Safety Code, is amended
266	266	by adding Section 531.0021 to read as follows:
267	267	Sec. 531.0021. REFERENCE TO STATE SCHOOL OR SUPERINTENDENT.
268	268	(a) A reference in law to a "state school" means a state
269	269	developmental center.
270	270	(b) A reference in law to a "superintendent," to the extent
271	271	the term is intended to refer to the person in charge of a state
272	272	developmental center, means the director of a state developmental
273	273	center.
274	274	SECTION 12. Section 532.001(b), Health and Safety Code, is
275	275	amended to read as follows:
276	276	(b) The department also includes community services
277	277	operated by the department and the following facilities:
278	278	(1) the central office of the department;
279	279	(2) the Austin State Hospital;
280	280	(3) the Big Spring State Hospital;
281	281	(4) the Kerrville State Hospital;
282	282	(5) the Rusk State Hospital;
283	283	(6) the San Antonio State Hospital;
284	284	(7) the Terrell State Hospital;
285	285	(8) the North Texas State Hospital;
286	286	(9) the Abilene State Developmental Center [School];
287	287	(10) the Austin State Developmental Center [School];
288	288	(11) the Brenham State Developmental Center [School];
289	289	(12) the Corpus Christi State Developmental Center
290	290	[School];
291	291	(13) the Denton State Developmental Center [School];
292	292	(14) the Lubbock State Developmental Center [School];
293	293	(15) the Lufkin State Developmental Center [School];
294	294	(16) the Mexia State Developmental Center [School];
295	295	(17) the Richmond State Developmental Center
296	296	[School];
297	297	(18) the San Angelo State Developmental Center
298	298	[School];
299	299	(19) the San Antonio State Developmental Center
300	300	[School];
301	301	(20) the El Paso State Developmental Center;
302	302	(21) the Rio Grande State Center; and
303	303	(22) the Waco Center for Youth.
304	304	SECTION 13. Section 551.022, Health and Safety Code, is
305	305	amended by adding Subsection (e) to read as follows:
306	306	(e) This section does not apply to a state developmental
307	307	center or the director of a state developmental center.
308	308	SECTION 14. Subchapter B, Chapter 551, Health and Safety
309	309	Code, is amended by adding Section 551.0225 to read as follows:
310	310	Sec. 551.0225. POWERS AND DUTIES OF STATE DEVELOPMENTAL
311	311	CENTER DIRECTOR. (a) The director of a state developmental center
312	312	is the administrative head of the center.
313	313	(b) The director of a state developmental center has the
314	314	custody of and responsibility to care for the buildings, grounds,
315	315	furniture, and other property relating to the center.
316	316	(c) The director of a state developmental center shall:
317	317	(1) oversee the admission and discharge of residents
318	318	and clients;
319	319	(2) keep a register of all residents and clients
320	320	admitted to or discharged from the center;
321	321	(3) supervise repairs and improvements to the center;
322	322	(4) ensure that center money is spent judiciously and
323	323	economically;
324	324	(5) keep an accurate and detailed account of all money
325	325	received and spent, stating the source of the money and on whom and
326	326	the purpose for which the money is spent; and
327	327	(6) keep a full record of the center's operations.
328	328	(d) In accordance with departmental rules and operating
329	329	procedures, the director of a state developmental center may:
330	330	(1) establish policy to govern the state developmental
331	331	center that the director considers will best promote the residents'
332	332	interest and welfare;
333	333	(2) hire subordinate officers, teachers, and other
334	334	employees and set their salaries, in the absence of other law; and
335	335	(3) dismiss a subordinate officer, teacher, or
336	336	employee.
337	337	SECTION 15. Subtitle B, Title 7, Health and Safety Code, is
338	338	amended by adding Chapter 555 to read as follows:
339	339	CHAPTER 555. STATE DEVELOPMENTAL CENTERS
340	340	SUBCHAPTER A. GENERAL PROVISIONS
341	341	Sec. 555.001. DEFINITIONS. In this chapter:
342	342	(1) "Alleged offender resident" means a person with
343	343	mental retardation who has been committed to or transferred to a
344	344	state developmental center under Chapter 55, Family Code, or
345	345	Chapter 46B or 46C, Code of Criminal Procedure.
346	346	(2) "Center employee" means an employee of a state
347	347	developmental center or the ICF-MR component of the Rio Grande
348	348	State Center.
349	349	(3) "Client" means a person with mental retardation
350	350	who receives ICF-MR services from a state developmental center or
351	351	the ICF-MR component of the Rio Grande State Center.
352	352	(4) "Commission" means the Health and Human Services
353	353	Commission.
354	354	(5) "Complaint" means information received by the
355	355	office of independent ombudsman regarding a possible violation of a
356	356	right of a resident or client of a state developmental center and
357	357	includes information received regarding a failure by a state
358	358	developmental center to comply with the department's policies and
359	359	procedures relating to the community living options information
360	360	process.
361	361	(6) "Department" means the Department of Aging and
362	362	Disability Services.
363	363	(7) "Direct care employee" means a center employee who
364	364	provides direct delivery of services to a resident or client.
365	365	(8) "Executive commissioner" means the executive
366	366	commissioner of the Health and Human Services Commission.
367	367	(9) "Independent ombudsman" means the individual who
368	368	has been appointed to the office of independent ombudsman.
369	369	(10) "Office" means the office of independent
370	370	ombudsman established under Subchapter C.
371	371	(11) "Resident" means a person with mental retardation
372	372	who resides in a state developmental center or the ICF-MR component
373	373	of the Rio Grande State Center.
374	374	(12) "State developmental center" has the meaning
375	375	assigned by Section 531.002.
376	376	(13) "State developmental center employee" means an
377	377	employee of a state developmental center.
378	378	Sec. 555.002. STATE DEVELOPMENTAL CENTER FOR ALLEGED
379	379	OFFENDER RESIDENTS. (a) The department shall establish a separate
380	380	state developmental center for the care of alleged offender
381	381	residents apart from other clients and residents. The department
382	382	shall designate an existing state developmental center for this
383	383	purpose.
384	384	(b) In establishing a state developmental center designated
385	385	for alleged offender residents, the department shall:
386	386	(1) transfer an alleged offender resident already
387	387	residing in a state developmental center to the designated state
388	388	developmental center;
389	389	(2) place alleged offender residents in separate homes
390	390	at the designated state developmental center based on whether the
391	391	alleged offender resident is:
392	392	(A) an adult or a person younger than 18 years of
393	393	age; or
394	394	(B) male or female;
395	395	(3) place all alleged offender residents committed to
396	396	or transferred to a state developmental center in the designated
397	397	state developmental center;
398	398	(4) divert future admissions of residents who are not
399	399	alleged offenders from the designated state developmental center;
400	400	and
401	401	(5) provide training regarding the service delivery
402	402	system for alleged offender residents to direct care employees of
403	403	the designated state developmental center.
404	404	(c) Notwithstanding Section 594.014, an alleged offender
405	405	resident who is transferred to the designated state developmental
406	406	center is not entitled to an administrative hearing regarding a
407	407	transfer of the resident.
408	408	(d) The department shall ensure that the designated state
409	409	developmental center complies with the requirements for ICF-MR
410	410	certification under the Medicaid program as appropriate.
411	411	[Sections 555.003-555.020 reserved for expansion]
412	412	SUBCHAPTER B. POWERS AND DUTIES
413	413	Sec. 555.021. REQUIRED CRIMINAL HISTORY CHECKS FOR
414	414	EMPLOYEES AND VOLUNTEERS. (a) The department and the Department of
415	415	State Health Services shall perform a state and federal criminal
416	416	history background check on a person:
417	417	(1) who is:
418	418	(A) an applicant for employment with the agency;
419	419	(B) an employee of the agency;
420	420	(C) a volunteer with the agency; or
421	421	(D) an applicant for a volunteer position with
422	422	the agency; and
423	423	(2) who would be placed in direct contact with a
424	424	resident or client.
425	425	(b) The executive commissioner shall adopt rules requiring
426	426	a person described by Subsection (a) to submit fingerprints in a
427	427	form and of a quality acceptable to the Department of Public Safety
428	428	and the Federal Bureau of Investigation for use in conducting a
429	429	criminal history background check.
430	430	(c) Each agency shall obtain electronic updates from the
431	431	Department of Public Safety of arrests and convictions of a person:
432	432	(1) for whom the agency performs a background check
433	433	under Subsection (a); and
434	434	(2) who remains an employee or volunteer of the agency
435	435	and continues to have direct contact with a resident or client.
436	436	Sec. 555.022. DRUG TESTING; POLICY. (a) The executive
437	437	commissioner by rule shall adopt a policy regarding random testing
438	438	and reasonable suspicion testing for the illegal use of drugs by a
439	439	state developmental center employee.
440	440	(b) The director of a state developmental center shall
441	441	enforce the policy adopted under Subsection (a) by performing
442	442	necessary drug testing of the state developmental center employees
443	443	for the use of a controlled substance as defined by Section 481.002.
444	444	(c) Testing under this section may be performed on a random
445	445	basis or on reasonable suspicion of the use of a controlled
446	446	substance.
447	447	(d) For purposes of this section, a report made under
448	448	Section 555.023 is considered reasonable suspicion of the use of a
449	449	controlled substance.
450	450	Sec. 555.023. REPORTS OF ILLEGAL DRUG USE; POLICY. The
451	451	executive commissioner by rule shall adopt a policy requiring a
452	452	state developmental center employee who knows or reasonably
453	453	suspects that another state developmental center employee is
454	454	illegally using or under the influence of a controlled substance,
455	455	as defined by Section 481.002, to report that knowledge or
456	456	reasonable suspicion to the director of the state developmental
457	457	center.
458	458	Sec. 555.024. CENTER EMPLOYEE TRAINING. (a) Before a
459	459	center employee begins to perform the employee's duties without
460	460	direct supervision, the department shall provide the employee with
461	461	competency training and a course of instruction about the general
462	462	duties of a center employee. The department shall ensure the basic
463	463	center employee competency course focuses on:
464	464	(1) the uniqueness of the individuals the center
465	465	employee serves;
466	466	(2) techniques for improving quality of life for and
467	467	promoting the health and safety of individuals with mental
468	468	retardation; and
469	469	(3) the conduct expected of center employees.
470	470	(b) The department shall ensure the training required by
471	471	Subsection (a) provides instruction and information regarding the
472	472	following topics:
473	473	(1) the general operation and layout of the state
474	474	developmental center, including armed intruder lockdown
475	475	procedures;
476	476	(2) an introduction to mental retardation;
477	477	(3) an introduction to mental illness and dual
478	478	diagnosis;
479	479	(4) the rights of individuals with mental retardation
480	480	who receive services from the department;
481	481	(5) respecting personal choices made by residents and
482	482	clients;
483	483	(6) the safe and proper use of restraints;
484	484	(7) recognizing and reporting:
485	485	(A) abuse, neglect, and exploitation of
486	486	individuals with mental retardation;
487	487	(B) unusual incidents;
488	488	(C) reasonable suspicion of illegal drug use in
489	489	the workplace;
490	490	(D) workplace violence; or
491	491	(E) sexual harassment in the workplace;
492	492	(8) preventing and treating infection;
493	493	(9) first aid;
494	494	(10) cardiopulmonary resuscitation;
495	495	(11) the Health Insurance Portability and
496	496	Accountability Act of 1996 (29 U.S.C. Section 1181 et seq.); and
497	497	(12) civil rights of center employees.
498	498	(c) In addition to the training required by Subsection (a)
499	499	and before a direct care employee begins to perform the direct care
500	500	employee's duties without direct supervision, the department shall
501	501	provide a direct care employee with training and instructional
502	502	information regarding the following topics:
503	503	(1) prevention and management of aggressive behavior;
504	504	(2) observing and reporting changes in behavior,
505	505	appearance, or health of residents and clients;
506	506	(3) positive behavior support;
507	507	(4) emergency response;
508	508	(5) person-directed plans;
509	509	(6) seizure safety;
510	510	(7) techniques for:
511	511	(A) lifting;
512	512	(B) positioning; and
513	513	(C) movement and mobility;
514	514	(8) working with aging residents and clients;
515	515	(9) assisting residents and clients:
516	516	(A) who have a visual impairment;
517	517	(B) who have a hearing deficit; or
518	518	(C) who require the use of adaptive devices and
519	519	specialized equipment;
520	520	(10) communicating with residents and clients who use
521	521	augmentative and alternative devices for communication;
522	522	(11) assisting residents and clients with personal
523	523	hygiene;
524	524	(12) recognizing appropriate food textures;
525	525	(13) using proper feeding techniques to assist
526	526	residents and clients with meals; and
527	527	(14) physical and nutritional management plans.
528	528	Sec. 555.025. VIDEO SURVEILLANCE. (a) In this section,
529	529	"private space" means a place in a state developmental center or the
530	530	ICF-MR component of the Rio Grande State Center in which a resident
531	531	or client has a reasonable expectation of privacy, including:
532	532	(1) a bedroom;
533	533	(2) a bathroom;
534	534	(3) a place in which a resident or client receives
535	535	medical or nursing services;
536	536	(4) a place in which a resident or client meets
537	537	privately with visitors; or
538	538	(5) a place in which a resident or client privately
539	539	makes phone calls.
540	540	(b) The department may install and operate video
541	541	surveillance equipment in a state developmental center or the
542	542	ICF-MR component of the Rio Grande State Center for the purpose of
543	543	detecting and preventing the exploitation or abuse of residents and
544	544	clients.
545	545	(c) The department may not install or operate video
546	546	surveillance equipment in a private space or in a location in which
547	547	video surveillance equipment can capture images within a private
548	548	space.
549	549	(d) The department shall ensure the use of video
550	550	surveillance equipment under this section complies with federal
551	551	requirements for ICF-MR certification.
552	552	Sec. 555.026. MORTALITY REVIEW. (a) The executive
553	553	commissioner shall establish an independent mortality review
554	554	system to review the death of a person who, at the time of the
555	555	person's death, was a resident or client.
556	556	(b) A review under this section shall be conducted in
557	557	addition to any review conducted by the state developmental center
558	558	or the Rio Grande State Center.
559	559	(c) The executive commissioner shall contract with a
560	560	patient safety organization certified in accordance with 42 C.F.R.
561	561	Part 3, as effective on January 20, 2009, to conduct independent
562	562	mortality reviews required by this section. The contract must
563	563	require the patient safety organization to conduct an independent
564	564	mortality review using a team consisting of:
565	565	(1) a physician with expertise regarding the medical
566	566	treatment of individuals with mental retardation;
567	567	(2) a registered nurse with expertise regarding the
568	568	medical treatment of individuals with mental retardation;
569	569	(3) a clinician or other professional with expertise
570	570	in the delivery of services and supports for individuals with
571	571	mental retardation; and
572	572	(4) any other appropriate person as provided by the
573	573	executive commissioner.
574	574	(d) A patient safety organization that performs an
575	575	independent mortality review shall submit to the department, the
576	576	office of independent ombudsman, and the commission's office of
577	577	inspector general a report of the findings of the mortality review.
578	578	(e) The department may use information from a mortality
579	579	review report only to advance statewide practices regarding the
580	580	treatment and care of individuals with mental retardation or other
581	581	disabilities.
582	582	(f) The department may release a summary or a statistical
583	583	compilation of data drawn from reports submitted under this section
584	584	only if the summary or statistical compilation does not contain
585	585	information that would permit the identification of an individual.
586	586	[Sections 555.027-555.050 reserved for expansion]
587	587	SUBCHAPTER C. OFFICE OF INDEPENDENT OMBUDSMAN FOR STATE
588	588	DEVELOPMENTAL CENTERS
589	589	Sec. 555.051. ESTABLISHMENT; PURPOSE. The office of
590	590	independent ombudsman is established for the purpose of
591	591	investigating, evaluating, and securing the rights of the residents
592	592	and clients of state developmental centers. The office is
593	593	administratively attached to the department. The department shall
594	594	provide administrative support and resources to the office as
595	595	necessary for the office to perform its duties.
596	596	Sec. 555.052. INDEPENDENCE. The independent ombudsman in
597	597	the performance of the ombudsman's duties and powers under this
598	598	subchapter acts independently of the department.
599	599	Sec. 555.053. APPOINTMENT OF INDEPENDENT OMBUDSMAN. The
600	600	governor shall appoint the independent ombudsman.
601	601	Sec. 555.054. ASSISTANT OMBUDSMEN. The independent
602	602	ombudsman shall:
603	603	(1) hire assistant ombudsmen to perform, under the
604	604	direction of the independent ombudsman, the same duties and
605	605	exercise the same powers as the independent ombudsman; and
606	606	(2) station an assistant ombudsman at each state
607	607	developmental center.
608	608	Sec. 555.055. CONFLICT OF INTEREST. A person may not serve
609	609	as independent ombudsman or as an assistant ombudsman if the person
610	610	or the person's spouse:
611	611	(1) is employed by or participates in the management
612	612	of a business entity or other organization receiving funds from the
613	613	department;
614	614	(2) owns or controls, directly or indirectly, any
615	615	interest in a business entity or other organization receiving funds
616	616	from the department; or
617	617	(3) is required to register as a lobbyist under
618	618	Chapter 305, Government Code, because of the person's activities or
619	619	compensation on behalf of a profession related to the operation of
620	620	the department.
621	621	Sec. 555.056. REPORT. (a) The independent ombudsman shall
622	622	submit on a biannual basis to the governor, the lieutenant
623	623	governor, and the speaker of the house of representatives a report
624	624	that is both aggregated and disaggregated by individual state
625	625	developmental center and describes:
626	626	(1) the work of the independent ombudsman;
627	627	(2) the results of any review or investigation
628	628	undertaken by the independent ombudsman, including reviews or
629	629	investigation of services contracted by the department; and
630	630	(3) any recommendations that the independent
631	631	ombudsman has in relation to the duties of the independent
632	632	ombudsman.
633	633	(b) The independent ombudsman shall ensure that information
634	634	submitted in a report under Subsection (a) does not permit the
635	635	identification of an individual.
636	636	(c) The independent ombudsman shall immediately report to
637	637	the governor, lieutenant governor, and speaker of the house of
638	638	representatives any particularly serious or flagrant:
639	639	(1) case of abuse or injury of a resident or client
640	640	about which the independent ombudsman is made aware;
641	641	(2) problem concerning the administration of a state
642	642	developmental center program or operation; or
643	643	(3) interference by a state developmental center, the
644	644	department, or the commission with an investigation conducted by
645	645	the independent ombudsman.
646	646	Sec. 555.057. COMMUNICATION AND CONFIDENTIALITY. (a) The
647	647	department shall allow any resident or client, authorized
648	648	representative of a resident or client, family member of a resident
649	649	or client, or other interested party to communicate with the
650	650	independent ombudsman or an assistant ombudsman. The
651	651	communication:
652	652	(1) may be in person, by mail, or by any other means;
653	653	and
654	654	(2) is confidential and privileged.
655	655	(b) The records of the independent ombudsman are
656	656	confidential, except that the independent ombudsman shall:
657	657	(1) share with the Department of Family and Protective
658	658	Services a communication that may involve the abuse, neglect, or
659	659	exploitation of a resident or client;
660	660	(2) share with the regulatory services division of the
661	661	department a communication that may involve a violation of an
662	662	ICF-MR standard or condition of participation; and
663	663	(3) disclose the ombudsman's nonprivileged records if
664	664	required by a court order on a showing of good cause.
665	665	(c) The independent ombudsman may make reports relating to
666	666	an investigation public after the investigation is complete but
667	667	only if the name and any other personally identifiable information
668	668	of a resident or client, authorized representative of a resident or
669	669	client, family member of a resident or client, state developmental
670	670	center, and state developmental center employee are redacted from
671	671	the report and remain confidential.
672	672	(d) The name, address, or other personally identifiable
673	673	information of a person who files a complaint with the office of
674	674	independent ombudsman, information generated by the office of
675	675	independent ombudsman in the course of an investigation, and
676	676	confidential records obtained by the office of independent
677	677	ombudsman are confidential and not subject to disclosure under
678	678	Chapter 552, Government Code, except as provided by this section.
679	679	Sec. 555.058. PROMOTION OF AWARENESS OF OFFICE. The
680	680	independent ombudsman shall promote awareness among the public,
681	681	residents, clients, and state developmental center employees of:
682	682	(1) how the office may be contacted;
683	683	(2) the purpose of the office; and
684	684	(3) the services the office provides.
685	685	Sec. 555.059. DUTIES AND POWERS. (a) The independent
686	686	ombudsman shall:
687	687	(1) evaluate the delivery of services to residents and
688	688	clients to ensure that the rights of residents and clients are fully
689	689	observed;
690	690	(2) refer a complaint alleging the abuse, neglect, or
691	691	exploitation of a resident or client to the Department of Family and
692	692	Protective Services for investigation;
693	693	(3) refer a complaint alleging a possible violation of
694	694	an ICF-MR standard or condition of participation to the regulatory
695	695	services division of the department;
696	696	(4) refer a complaint alleging a criminal offense,
697	697	other than an allegation of abuse, neglect, or exploitation of a
698	698	resident or client, to the commission's office of inspector
699	699	general;
700	700	(5) conduct investigations of complaints, other than
701	701	complaints alleging criminal offenses or the abuse, neglect, or
702	702	exploitation of a resident or client, if the office determines
703	703	that:
704	704	(A) a resident or client or the resident's or
705	705	client's family may be in need of assistance from the office; or
706	706	(B) a complaint raises the possibility of a
707	707	systemic issue in the state developmental center's provision of
708	708	services;
709	709	(6) conduct an annual audit of each state
710	710	developmental center's policies, practices, and procedures to
711	711	ensure that each resident and client is encouraged to exercise the
712	712	resident's or client's rights, including:
713	713	(A) the right to file a complaint; and
714	714	(B) the right to due process;
715	715	(7) prepare and deliver an annual report regarding the
716	716	findings of each audit to the:
717	717	(A) executive commissioner;
718	718	(B) commissioner;
719	719	(C) Aging and Disability Services Council;
720	720	(D) governor;
721	721	(E) lieutenant governor;
722	722	(F) speaker of the house of representatives;
723	723	(G) standing committees of the senate and house
724	724	of representatives with primary jurisdiction over state
725	725	developmental centers; and
726	726	(H) state auditor;
727	727	(8) require a state developmental center to provide
728	728	access to all records, data, and other information under the
729	729	control of the center that the independent ombudsman determines is
730	730	necessary to investigate a complaint or to conduct an audit under
731	731	this section;
732	732	(9) review all final reports produced by the
733	733	Department of Family and Protective Services and the regulatory
734	734	services division of the department regarding a complaint referred
735	735	by the independent ombudsman;
736	736	(10) provide assistance to a resident, client,
737	737	authorized representative of a resident or client, or family member
738	738	of a resident or client who the independent ombudsman determines is
739	739	in need of assistance, including advocating with an agency,
740	740	provider, or other person in the best interests of the resident or
741	741	client; and
742	742	(11) make appropriate referrals under any of the
743	743	duties and powers listed in this subsection.
744	744	(b) The independent ombudsman may apprise a person who is
745	745	interested in a resident's or client's welfare of the rights of the
746	746	resident or client.
747	747	(c) To assess whether a resident's or client's rights have
748	748	been violated, the independent ombudsman may, in any matter that
749	749	does not involve an alleged criminal offense or the abuse, neglect,
750	750	or exploitation of a resident or client, contact or consult with an
751	751	administrator, employee, resident, client, family member of a
752	752	resident or client, expert, or other individual in the course of the
753	753	investigation or to secure information.
754	754	(d) Notwithstanding any other provision of this chapter,
755	755	the independent ombudsman may not investigate an alleged criminal
756	756	offense or the alleged abuse, neglect, or exploitation of a
757	757	resident or client. The independent ombudsman shall refer an
758	758	allegation of abuse, neglect, or exploitation of a resident or
759	759	client to the Department of Family and Protective Services.
760	760	Sec. 555.060. RETALIATION PROHIBITED. The department or a
761	761	state developmental center may not retaliate against a department
762	762	employee or state developmental center employee who in good faith
763	763	makes a complaint to the office of independent ombudsman or
764	764	cooperates with the office in an investigation.
765	765	Sec. 555.061. TOLL-FREE NUMBER. (a) The office shall
766	766	establish a permanent, toll-free number for the purpose of
767	767	receiving any information concerning the violation of a right of a
768	768	resident or client.
769	769	(b) The office shall ensure that:
770	770	(1) the toll-free number is prominently displayed in
771	771	the main administration area of a state developmental center and in
772	772	each room in which a resident lives or a client receives services;
773	773	and
774	774	(2) a resident, a client, the authorized
775	775	representative of a resident, and a state developmental center
776	776	employee have confidential access to a telephone for the purpose of
777	777	calling the toll-free number.
778	778	SECTION 16. Section 591.003, Health and Safety Code, is
779	779	amended by adding Subdivision (19-a) to read as follows:
780	780	(19-a) "State developmental center" has the meaning
781	781	provided by Section 531.002.
782	782	SECTION 17. Section 593.042, Health and Safety Code, is
783	783	amended by adding Subsection (c) to read as follows:
784	784	(c) An application for commitment of a person to a
785	785	residential care facility that is a state developmental center must
786	786	include a statement demonstrating that the proposed resident meets
787	787	the requirements for commitment to a state developmental center
788	788	under Section 593.052(a-1).
789	789	SECTION 18. Section 593.052, Health and Safety Code, is
790	790	amended by amending Subsections (a) and (b) and adding Subsections
791	791	(a-1) and (b-1) to read as follows:
792	792	(a) A proposed resident may not be committed to a
793	793	residential care facility unless:
794	794	(1) the proposed resident is a person with mental
795	795	retardation;
796	796	(2) evidence is presented showing that because of
797	797	retardation, the proposed resident:
798	798	(A) represents a substantial risk of physical
799	799	impairment or injury to himself or others; or
800	800	(B) is unable to provide for and is not providing
801	801	for the proposed resident's most basic personal physical needs;
802	802	(3) the proposed resident cannot be adequately and
803	803	appropriately habilitated in an available, less restrictive
804	804	setting; and
805	805	(4) the residential care facility:
806	806	(A) provides habilitative services, care,
807	807	training, and treatment appropriate to the proposed resident's
808	808	needs; and
809	809	(B) is not a state developmental center.
810	810	(a-1) A proposed resident may not be committed to a
811	811	residential care facility that is a state developmental center
812	812	unless:
813	813	(1) the proposed resident is a person with:
814	814	(A) severe or profound mental retardation; or
815	815	(B) mild or moderate mental retardation who:
816	816	(i) has extraordinary medical needs; or
817	817	(ii) exhibits dangerous behavior that
818	818	represents a substantial risk of physical impairment or injury to
819	819	self or others;
820	820	(2) evidence is presented showing that the proposed
821	821	resident:
822	822	(A) represents a substantial risk of physical
823	823	impairment or injury to self or others; or
824	824	(B) is unable to provide for and is not providing
825	825	for the proposed resident's most basic personal physical needs;
826	826	(3) the proposed resident cannot be adequately and
827	827	appropriately habilitated in an available, less restrictive
828	828	setting; and
829	829	(4) the residential care facility is a state
830	830	developmental center that provides habilitative services, care,
831	831	training, and treatment appropriate to the proposed resident's
832	832	needs.
833	833	(b) If it is determined that the requirements of Subsection
834	834	(a) have been met and that long-term placement in a residential care
835	835	facility, other than a state developmental center, is appropriate,
836	836	the court shall commit the proposed resident for care, treatment,
837	837	and training to a community center or the Department of Aging and
838	838	Disability Services [department] when space is available in a
839	839	residential care facility, other than a state developmental center.
840	840	(b-1) If it is determined that the requirements of
841	841	Subsection (a-1) have been met and that long-term placement in a
842	842	residential care facility that is a state developmental center is
843	843	appropriate, the court shall commit the proposed resident for care,
844	844	treatment, and training to the Department of Aging and Disability
845	845	Services when space is available in a state developmental center.
846	846	SECTION 19. Section 48.252, Human Resources Code, is
847	847	amended by adding Subsection (d) to read as follows:
848	848	(d) If an investigation under this section reveals evidence
849	849	of the abuse, neglect, or exploitation of a resident or client of a
850	850	state developmental center as defined by Section 531.002, Health
851	851	and Safety Code, or the ICF-MR component of the Rio Grande State
852	852	Center, and a caseworker of the department or a supervisor of a
853	853	caseworker believes that the abuse, neglect, or exploitation is a
854	854	criminal offense, the caseworker or supervisor shall immediately
855	855	notify the Health and Human Services Commission's office of
856	856	inspector general and promptly provide the Health and Human
857	857	Services Commission's office of inspector general with a copy of
858	858	the department's investigation report.
859	859	SECTION 20. Subchapter G, Chapter 48, Human Resources Code,
860	860	is amended by adding Section 48.3015 to read as follows:
861	861	Sec. 48.3015. INVESTIGATION OF REPORTS IN ICF-MR. (a)
862	862	Notwithstanding Section 48.301, the department shall receive and
863	863	investigate reports of abuse, neglect, or exploitation of an
864	864	individual with a disability receiving services in an intermediate
865	865	care facility for the mentally retarded.
866	866	(b) The executive commissioner shall adopt rules governing
867	867	investigations conducted under this section and the provision of
868	868	services as necessary to alleviate abuse, neglect, or exploitation.
869	869	SECTION 21. Section 161.071, Human Resources Code, is
870	870	amended to read as follows:
871	871	Sec. 161.071. GENERAL POWERS AND DUTIES OF DEPARTMENT. The
872	872	department is responsible for administering human services
873	873	programs for the aging and disabled, including:
874	874	(1) administering and coordinating programs to
875	875	provide community-based care and support services to promote
876	876	independent living for populations that would otherwise be
877	877	institutionalized;
878	878	(2) providing institutional care services, including
879	879	services through convalescent and nursing homes and related
880	880	institutions under Chapter 242, Health and Safety Code;
881	881	(3) providing and coordinating programs and services
882	882	for persons with disabilities, including programs for the
883	883	treatment, rehabilitation, or benefit of persons with
884	884	developmental disabilities or mental retardation;
885	885	(4) operating state facilities for the housing,
886	886	treatment, rehabilitation, or benefit of persons with
887	887	disabilities, including state schools for persons with mental
888	888	retardation;
889	889	(5) serving as the state unit on aging required by the
890	890	federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.)
891	891	and its subsequent amendments, including performing the general
892	892	functions under Section 101.022 to ensure:
893	893	(A) implementation of the federal Older
894	894	Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and its
895	895	subsequent amendments, including implementation of services and
896	896	volunteer opportunities under that Act for older residents of this
897	897	state through area agencies on aging;
898	898	(B) advocacy for residents of nursing facilities
899	899	through the office of the state long-term care ombudsman;
900	900	(C) fostering of the state and community
901	901	infrastructure and capacity to serve older residents of this state;
902	902	and
903	903	(D) availability of a comprehensive resource for
904	904	state government and the public on trends related to and services
905	905	and programs for an aging population;
906	906	(6) performing all licensing and enforcement
907	907	activities and functions related to long-term care facilities,
908	908	including licensing and enforcement activities related to
909	909	convalescent and nursing homes and related institutions under
910	910	Chapter 242, Health and Safety Code;
911	911	(7) performing all licensing and enforcement
912	912	activities related to assisted living facilities under Chapter 247,
913	913	Health and Safety Code;
914	914	(8) performing all licensing and enforcement
915	915	activities related to intermediate care facilities for persons with
916	916	mental retardation under Chapter 252, Health and Safety Code, other
917	917	than investigations of reported abuse, neglect, or exploitation;
918	918	(9) performing all licensing and enforcement
919	919	activities and functions related to home and community support
920	920	services agencies under Chapter 142, Health and Safety Code; and
921	921	(10) serving as guardian of the person or estate, or
922	922	both, for an incapacitated individual as provided by Subchapter E
923	923	of this chapter and Chapter XIII, Texas Probate Code.
924	924	SECTION 22. Subchapter D, Chapter 161, Human Resources
925	925	Code, is amended by adding Section 161.076 to read as follows:
926	926	Sec. 161.076. ON-SITE SURVEYS OF CERTAIN PROVIDERS. At
927	927	least every 12 months, the department shall conduct an on-site
928	928	survey in each group or foster home at which a home and
929	929	community-based services provider provides services to a person
930	930	with mental retardation. The department shall conduct the survey
931	931	in a manner consistent with surveys conducted by the department
932	932	under Section 142.009, Health and Safety Code.
933	933	SECTION 23. (a) Not later than December 1, 2009, the Health
934	934	and Human Services Commission's office of inspector general shall
935	935	begin employing and commissioning peace officers as required by
936	936	Section 531.1022, Government Code, as added by this Act.
937	937	(b) Not later than September 1, 2014, the Department of
938	938	Aging and Disability Services shall designate a state developmental
939	939	center for alleged offender residents as required by Section
940	940	555.002, Health and Safety Code, as added by this Act.
941	941	(c) Not later than January 1, 2010, the Department of Aging
942	942	and Disability Services shall develop the training required by
943	943	Section 555.024, Health and Safety Code, as added by this Act.
944	944	(d) The Department of Aging and Disability Services shall
945	945	ensure that all center employees and direct care employees receive
946	946	the training required by Section 555.024, Health and Safety Code,
947	947	as added by this Act, regardless of when the employee was hired, not
948	948	later than September 1, 2010.
949	949	(e) Not later than December 1, 2009, the executive
950	950	commissioner of the Health and Human Services Commission shall
951	951	adopt rules as required by Section 555.022, Health and Safety Code,
952	952	as added by this Act.
953	953	(f) Not later than December 1, 2009, the executive
954	954	commissioner shall contract for mortality review services as
955	955	required by Section 555.026, Health and Safety Code, as added by
956	956	this Act.
957	957	(g) Not later than December 1, 2009, the governor shall
958	958	appoint the independent ombudsman as required by Section 555.053,
959	959	Health and Safety Code, as added by this Act.
960	960	SECTION 24. (a) Section 411.1144, Government Code, as
961	961	added by this Act, and Section 555.021, Health and Safety Code, as
962	962	added by this Act, apply only to background and criminal history
963	963	checks performed on or after the effective date of this Act.
964	964	(b) Not later than December 1, 2009, the executive
965	965	commissioner of the Health and Human Services Commission shall
966	966	adopt rules as required by Section 555.021, Health and Safety Code,
967	967	as added by this Act.
968	968	SECTION 25. (a) The change in law made by Section
969	969	551.022(e), Health and Safety Code, as added by this Act, and the
970	970	change in law made by Section 551.0225, Health and Safety Code, as
971	971	added by this Act, apply to the dismissal of an officer, teacher, or
972	972	other employee of a state developmental center hired on or after the
973	973	effective date of this Act.
974	974	(b) The dismissal of an officer, teacher, or other employee
975	975	of a state developmental center hired before the effective date of
976	976	this Act is governed by the law in effect when the officer, teacher,
977	977	or other employee was hired, and the former law is continued in
978	978	effect for that purpose.
979	979	SECTION 26. (a) Sections 593.042 and 593.052, Health and
980	980	Safety Code, as amended by this Act, apply only to an order for
981	981	commitment to a residential care facility based on an application
982	982	filed on or after the effective date of this Act.
983	983	(b) An order for commitment to a residential care facility
984	984	based on an application filed before the effective date of this Act
985	985	is governed by the law in effect at the time the application was
986	986	filed, and the former law is continued in effect for that purpose.
987	987	SECTION 27. This Act applies only to a report of suspected
988	988	abuse, neglect, or exploitation that is made on or after September
989	989	1, 2009. A report of suspected abuse, neglect, or exploitation that
990	990	is made before September 1, 2009, is governed by the law in effect
991	991	on the date the report was made, and that law is continued in effect
992	992	for that purpose.
993	993	SECTION 28. If before implementing any provision of this
994	994	Act a state agency determines that a waiver or authorization from a
995	995	federal agency is necessary for implementation of that provision,
996	996	the agency affected by the provision shall request the waiver or
997	997	authorization and may delay implementing that provision until the
998	998	waiver or authorization is granted.
999	999	SECTION 29. The changes in law made by this Act in amending
1000	1000	Chapter 252, Health and Safety Code, and Section 161.071, Human
1001	1001	Resources Code, and adding Sections 48.3015 and 161.076, Human
1002	1002	Resources Code, take effect September 1, 2009.
1003	1003	SECTION 30. Except as provided by Section 29 of this Act,
1004	1004	this Act takes effect immediately if it receives a vote of
1005	1005	two-thirds of all the members elected to each house, as provided by
1006	1006	Section 39, Article III, Texas Constitution. If this Act does not
1007	1007	receive the vote necessary for immediate effect, this Act takes
1008	1008	effect September 1, 2009.