Texas 2009 - 81st Regular

Texas House Bill HB1454 Compare Versions

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1	1	H.B. No. 1454
2	2
3	3
4	4	AN ACT
5	5	relating to the establishment of a volunteer-supported
6	6	decision-making advocate pilot program for persons with
7	7	intellectual and developmental disabilities and persons with other
8	8	cognitive disabilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as Amy Young's Law in
11	11	memory of Amy Young, who dedicated her life to serving disabled
12	12	persons and died unexpectedly in September 2008, at the young age of
13	13	38.
14	14	SECTION 2. Subchapter B, Chapter 531, Government Code, is
15	15	amended by adding Section 531.02446 to read as follows:
16	16	Sec. 531.02446. VOLUNTEER-SUPPORTED DECISION-MAKING
17	17	ADVOCATE PILOT PROGRAM. (a) In this section:
18	18	(1) "Peer-to-peer services training" means training
19	19	conducted by and for persons with intellectual and developmental
20	20	disabilities and persons with other cognitive disabilities who live
21	21	in the community on how to advocate for their own rights and
22	22	interests.
23	23	(2) "Pilot program" means a volunteer-supported
24	24	decision-making advocate pilot program established under this
25	25	section.
26	26	(3) "Self-advocacy organization" means a nonprofit
27	27	organization run by and for persons with disabilities that provides
28	28	training to its members and other self-advocacy organizations on
29	29	self-advocacy, self-determination, and person-centered planning.
30	30	(4) "Supported decision-making services" means
31	31	services provided for the purpose of supporting a person with
32	32	intellectual and developmental disabilities or a person with other
33	33	cognitive disabilities who lives in the community to enable the
34	34	person to make life decisions such as where the person wants to
35	35	live, who the person wants to live with, and where the person wants
36	36	to work, without impeding the self-determination of the person.
37	37	(b) The commission shall create a pilot program to promote
38	38	the provision of supported decision-making services to persons with
39	39	intellectual and developmental disabilities and persons with other
40	40	cognitive disabilities who live in the community. The commission
41	41	shall select at least one rural community and at least one urban
42	42	community in which to implement the program. The commission shall
43	43	convene a work group to develop the rules and structure of the pilot
44	44	program. The work group must consist of family members of, and
45	45	advocates for, persons with intellectual and developmental
46	46	disabilities and persons with other cognitive disabilities, and of
47	47	other persons interested in promoting supported decision-making
48	48	services. The work group must include at least one representative
49	49	of a self-advocacy organization and at least one self-advocate.
50	50	(c) The commission shall contract with one or more entities
51	51	to administer the pilot program and to recruit and train volunteer
52	52	advocates to provide supported decision-making services. The pilot
53	53	program may be created or administered by a nonprofit organization,
54	54	a self-advocacy organization, or a local mental retardation
55	55	authority or a collaboration of any of those types of entities.
56	56	(d) The commission shall award a contract to an entity or
57	57	collaboration of entities described by Subsection (c) that
58	58	demonstrates:
59	59	(1) a commitment to:
60	60	(A) a philosophy of self-determination in
61	61	providing supported decision-making services;
62	62	(B) providing peer-to-peer services training;
63	63	(C) person-centered planning; and
64	64	(D) preserving the rights provided by federal and
65	65	state law of persons with intellectual and developmental
66	66	disabilities and persons with other cognitive disabilities; and
67	67	(2) the ability to provide supported decision-making
68	68	services to assist persons with intellectual and developmental
69	69	disabilities and persons with other cognitive disabilities in
70	70	understanding their personal options, support options,
71	71	opportunities, and responsibilities to help the persons remain as
72	72	independent as possible.
73	73	(e) The commission shall ensure that the pilot program
74	74	provides supported decision-making services to persons living in
75	75	the community. The pilot program may not serve residents of a state
76	76	school.
77	77	(f) The executive commissioner by rule shall prescribe the
78	78	criteria a contractor must use in evaluating the effectiveness of
79	79	supported decision-making services provided by the pilot program.
80	80	The criteria must be similar to the National Core Indicators
81	81	promulgated by the Human Services Research Institute.
82	82	(g) Before each regular session of the legislature, the
83	83	commission shall publish a report that includes:
84	84	(1) an evaluation of the effectiveness of the pilot
85	85	program under the criteria established under Subsection (f);
86	86	(2) recommendations for changes to improve the
87	87	operation of the pilot program; and
88	88	(3) a recommendation to continue, expand, or eliminate
89	89	the pilot program.
90	90	(h) This section expires September 1, 2013.
91	91	SECTION 3. Not later than January 1, 2010, the executive
92	92	commissioner of the Health and Human Services Commission shall
93	93	appoint persons to a pilot program work group as required under
94	94	Section 531.02446(b), Government Code, as added by this Act.
95	95	SECTION 4. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2009.
100	100	______________________________ ______________________________
101	101	President of the Senate Speaker of the House
102	102	I certify that H.B. No. 1454 was passed by the House on April
103	103	15, 2009, by the following vote: Yeas 116, Nays 27, 1 present, not
104	104	voting.
105	105	______________________________
106	106	Chief Clerk of the House
107	107	I certify that H.B. No. 1454 was passed by the Senate on May
108	108	11, 2009, by the following vote: Yeas 31, Nays 0.
109	109	______________________________
110	110	Secretary of the Senate
111	111	APPROVED: _____________________
112	112	Date
113	113	_____________________
114	114	Governor