81R4400 KLA-D By: Oliveira H.B. No. 1897 A BILL TO BE ENTITLED AN ACT relating to transportation services provided to aged or disabled clients of certain programs and facilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 161, Human Resources Code, is amended by adding Section 161.081 to read as follows: Sec. 161.081. TRANSPORTATION OF CERTAIN CLIENTS. (a) A program or facility operated or regulated by the department, including an adult day-care program under Chapter 103 and a day activity and health services facility, may not transport aged or disabled clients of the program or facility using a 15-passenger van that was purchased by the program or facility on or after September 1, 2009. (b) The executive commissioner shall adopt rules applicable to each program or facility operated or regulated by the department that require: (1) as a component of any inspection of the program or facility, an inspection of each motor vehicle used by the program or facility to transport its clients to ensure compliance with this section; and (2) each contract entered into by the department and a person for transportation services for aged or disabled clients of a program or facility operated or regulated by the department to require compliance with this section as a term of the contract. SECTION 2. Not later than November 1, 2009, the executive commissioner of the Health and Human Services Commission shall adopt the rules required by Section 161.081, Human Resources Code, as added by this Act. SECTION 3. 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.