1 | 1 | | H.B. No. 2303 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the scope of services of and the persons who may be |
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6 | 6 | | provided services by a community center. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Section 531.002, Health and Safety Code, is |
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9 | 9 | | amended by adding Subdivision (13-a) to read as follows: |
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10 | 10 | | (13-a) "Person with a developmental disability" means |
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11 | 11 | | an individual with a severe, chronic disability attributable to a |
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12 | 12 | | mental or physical impairment or a combination of mental and |
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13 | 13 | | physical impairments that: |
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14 | 14 | | (A) manifests before the person reaches 22 years |
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15 | 15 | | of age; |
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16 | 16 | | (B) is likely to continue indefinitely; |
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17 | 17 | | (C) reflects the individual's need for a |
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18 | 18 | | combination and sequence of special, interdisciplinary, or generic |
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19 | 19 | | services, individualized supports, or other forms of assistance |
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20 | 20 | | that are of a lifelong or extended duration and are individually |
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21 | 21 | | planned and coordinated; and |
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22 | 22 | | (D) results in substantial functional |
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23 | 23 | | limitations in three or more of the following categories of major |
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24 | 24 | | life activity: |
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25 | 25 | | (i) self-care; |
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26 | 26 | | (ii) receptive and expressive language; |
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27 | 27 | | (iii) learning; |
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28 | 28 | | (iv) mobility; |
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29 | 29 | | (v) self-direction; |
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30 | 30 | | (vi) capacity for independent living; and |
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31 | 31 | | (vii) economic self-sufficiency. |
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32 | 32 | | SECTION 2. Section 534.001(e), Health and Safety Code, is |
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33 | 33 | | amended to read as follows: |
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34 | 34 | | (e) Except as provided by this section, a [A] community |
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35 | 35 | | center operating under this subchapter may operate only for the |
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36 | 36 | | purposes and perform only the functions defined in the center's |
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37 | 37 | | plan. The executive commissioner [board] by rule shall specify the |
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38 | 38 | | elements that must be included in a plan and shall prescribe the |
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39 | 39 | | procedure for submitting, approving, and modifying a center's plan. |
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40 | 40 | | In addition to the services described in a center's plan, the center |
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41 | 41 | | may provide other health and human services and supports as |
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42 | 42 | | provided by a contract with or a grant received from a local, state, |
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43 | 43 | | or federal agency. |
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44 | 44 | | SECTION 3. Section 534.0015(b), Health and Safety Code, is |
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45 | 45 | | amended to read as follows: |
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46 | 46 | | (b) It is the policy of this state that community centers |
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47 | 47 | | strive to develop services for persons who are mentally ill or |
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48 | 48 | | mentally retarded, and may provide requested services to persons |
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49 | 49 | | with developmental disabilities or with [a] chemical dependencies |
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50 | 50 | | [dependency], that are effective alternatives to treatment in a |
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51 | 51 | | large residential facility. |
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52 | 52 | | SECTION 4. Section 534.0155(a), Health and Safety Code, is |
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53 | 53 | | amended to read as follows: |
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54 | 54 | | (a) This subtitle does not prevent a community center from |
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55 | 55 | | providing services to a person with a chemical dependency, [or] to a |
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56 | 56 | | person with a developmental disability, or to a person with a mental |
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57 | 57 | | disability, as [that term is] defined by Section 535.001. |
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58 | 58 | | SECTION 5. This Act takes effect immediately if it receives |
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59 | 59 | | a vote of two-thirds of all the members elected to each house, as |
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60 | 60 | | provided by Section 39, Article III, Texas Constitution. If this |
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61 | 61 | | Act does not receive the vote necessary for immediate effect, this |
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62 | 62 | | Act takes effect September 1, 2009. |
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63 | 63 | | ______________________________ ______________________________ |
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64 | 64 | | President of the Senate Speaker of the House |
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65 | 65 | | I certify that H.B. No. 2303 was passed by the House on April |
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66 | 66 | | 29, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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67 | 67 | | voting. |
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68 | 68 | | ______________________________ |
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69 | 69 | | Chief Clerk of the House |
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70 | 70 | | I certify that H.B. No. 2303 was passed by the Senate on May |
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71 | 71 | | 19, 2009, by the following vote: Yeas 30, Nays 0. |
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72 | 72 | | ______________________________ |
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73 | 73 | | Secretary of the Senate |
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74 | 74 | | APPROVED: _____________________ |
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75 | 75 | | Date |
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76 | 76 | | _____________________ |
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77 | 77 | | Governor |
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