| 1 | 1 | | 81R4400 KLA-D |
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| 2 | 2 | | By: Oliveira H.B. No. 1897 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to transportation services provided to aged or disabled |
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| 8 | 8 | | clients of certain programs and facilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 161, Human Resources Code, |
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| 11 | 11 | | is amended by adding Section 161.081 to read as follows: |
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| 12 | 12 | | Sec. 161.081. TRANSPORTATION OF CERTAIN CLIENTS. (a) A |
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| 13 | 13 | | program or facility operated or regulated by the department, |
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| 14 | 14 | | including an adult day-care program under Chapter 103 and a day |
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| 15 | 15 | | activity and health services facility, may not transport aged or |
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| 16 | 16 | | disabled clients of the program or facility using a 15-passenger |
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| 17 | 17 | | van that was purchased by the program or facility on or after |
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| 18 | 18 | | September 1, 2009. |
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| 19 | 19 | | (b) The executive commissioner shall adopt rules applicable |
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| 20 | 20 | | to each program or facility operated or regulated by the department |
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| 21 | 21 | | that require: |
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| 22 | 22 | | (1) as a component of any inspection of the program or |
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| 23 | 23 | | facility, an inspection of each motor vehicle used by the program or |
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| 24 | 24 | | facility to transport its clients to ensure compliance with this |
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| 25 | 25 | | section; and |
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| 26 | 26 | | (2) each contract entered into by the department and a |
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| 27 | 27 | | person for transportation services for aged or disabled clients of |
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| 28 | 28 | | a program or facility operated or regulated by the department to |
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| 29 | 29 | | require compliance with this section as a term of the contract. |
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| 30 | 30 | | SECTION 2. Not later than November 1, 2009, the executive |
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| 31 | 31 | | commissioner of the Health and Human Services Commission shall |
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| 32 | 32 | | adopt the rules required by Section 161.081, Human Resources Code, |
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| 33 | 33 | | as added by this Act. |
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| 34 | 34 | | SECTION 3. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2009. |
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