By: Naishtat, et al. (Senate Sponsor - Zaffirini) H.B. No. 1454
(In the Senate - Received from the House April 16, 2009;
April 16, 2009, read first time and referred to Committee on Health
and Human Services; May 5, 2009, reported favorably by the
following vote: Yeas 9, Nays 0; May 5, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a volunteer-supported
decision-making advocate pilot program for persons with
intellectual and developmental disabilities and persons with other
cognitive disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as Amy Young's Law in
memory of Amy Young, who dedicated her life to serving disabled
persons and died unexpectedly in September 2008, at the young age of
38.
SECTION 2. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.02446 to read as follows:
Sec. 531.02446. VOLUNTEER-SUPPORTED DECISION-MAKING
ADVOCATE PILOT PROGRAM. (a) In this section:
(1) "Peer-to-peer services training" means training
conducted by and for persons with intellectual and developmental
disabilities and persons with other cognitive disabilities who live
in the community on how to advocate for their own rights and
interests.
(2) "Pilot program" means a volunteer-supported
decision-making advocate pilot program established under this
section.
(3) "Self-advocacy organization" means a nonprofit
organization run by and for persons with disabilities that provides
training to its members and other self-advocacy organizations on
self-advocacy, self-determination, and person-centered planning.
(4) "Supported decision-making services" means
services provided for the purpose of supporting a person with
intellectual and developmental disabilities or a person with other
cognitive disabilities who lives in the community to enable the
person to make life decisions such as where the person wants to
live, who the person wants to live with, and where the person wants
to work, without impeding the self-determination of the person.
(b) The commission shall create a pilot program to promote
the provision of supported decision-making services to persons with
intellectual and developmental disabilities and persons with other
cognitive disabilities who live in the community. The commission
shall select at least one rural community and at least one urban
community in which to implement the program. The commission shall
convene a work group to develop the rules and structure of the pilot
program. The work group must consist of family members of, and
advocates for, persons with intellectual and developmental
disabilities and persons with other cognitive disabilities, and of
other persons interested in promoting supported decision-making
services. The work group must include at least one representative
of a self-advocacy organization and at least one self-advocate.
(c) The commission shall contract with one or more entities
to administer the pilot program and to recruit and train volunteer
advocates to provide supported decision-making services. The pilot
program may be created or administered by a nonprofit organization,
a self-advocacy organization, or a local mental retardation
authority or a collaboration of any of those types of entities.
(d) The commission shall award a contract to an entity or
collaboration of entities described by Subsection (c) that
demonstrates:
(1) a commitment to:
(A) a philosophy of self-determination in
providing supported decision-making services;
(B) providing peer-to-peer services training;
(C) person-centered planning; and
(D) preserving the rights provided by federal and
state law of persons with intellectual and developmental
disabilities and persons with other cognitive disabilities; and
(2) the ability to provide supported decision-making
services to assist persons with intellectual and developmental
disabilities and persons with other cognitive disabilities in
understanding their personal options, support options,
opportunities, and responsibilities to help the persons remain as
independent as possible.
(e) The commission shall ensure that the pilot program
provides supported decision-making services to persons living in
the community. The pilot program may not serve residents of a state
school.
(f) The executive commissioner by rule shall prescribe the
criteria a contractor must use in evaluating the effectiveness of
supported decision-making services provided by the pilot program.
The criteria must be similar to the National Core Indicators
promulgated by the Human Services Research Institute.
(g) Before each regular session of the legislature, the
commission shall publish a report that includes:
(1) an evaluation of the effectiveness of the pilot
program under the criteria established under Subsection (f);
(2) recommendations for changes to improve the
operation of the pilot program; and
(3) a recommendation to continue, expand, or eliminate
the pilot program.
(h) This section expires September 1, 2013.
SECTION 3. Not later than January 1, 2010, the executive
commissioner of the Health and Human Services Commission shall
appoint persons to a pilot program work group as required under
Section 531.02446(b), Government Code, as added by this Act.
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, 2009.
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