Texas 2009 - 81st Regular

Texas House Bill HB2303 Compare Versions

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11 H.B. No. 2303
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33
44 AN ACT
55 relating to the scope of services of and the persons who may be
66 provided services by a community center.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Section 531.002, Health and Safety Code, is
99 amended by adding Subdivision (13-a) to read as follows:
1010 (13-a) "Person with a developmental disability" means
1111 an individual with a severe, chronic disability attributable to a
1212 mental or physical impairment or a combination of mental and
1313 physical impairments that:
1414 (A) manifests before the person reaches 22 years
1515 of age;
1616 (B) is likely to continue indefinitely;
1717 (C) reflects the individual's need for a
1818 combination and sequence of special, interdisciplinary, or generic
1919 services, individualized supports, or other forms of assistance
2020 that are of a lifelong or extended duration and are individually
2121 planned and coordinated; and
2222 (D) results in substantial functional
2323 limitations in three or more of the following categories of major
2424 life activity:
2525 (i) self-care;
2626 (ii) receptive and expressive language;
2727 (iii) learning;
2828 (iv) mobility;
2929 (v) self-direction;
3030 (vi) capacity for independent living; and
3131 (vii) economic self-sufficiency.
3232 SECTION 2. Section 534.001(e), Health and Safety Code, is
3333 amended to read as follows:
3434 (e) Except as provided by this section, a [A] community
3535 center operating under this subchapter may operate only for the
3636 purposes and perform only the functions defined in the center's
3737 plan. The executive commissioner [board] by rule shall specify the
3838 elements that must be included in a plan and shall prescribe the
3939 procedure for submitting, approving, and modifying a center's plan.
4040 In addition to the services described in a center's plan, the center
4141 may provide other health and human services and supports as
4242 provided by a contract with or a grant received from a local, state,
4343 or federal agency.
4444 SECTION 3. Section 534.0015(b), Health and Safety Code, is
4545 amended to read as follows:
4646 (b) It is the policy of this state that community centers
4747 strive to develop services for persons who are mentally ill or
4848 mentally retarded, and may provide requested services to persons
4949 with developmental disabilities or with [a] chemical dependencies
5050 [dependency], that are effective alternatives to treatment in a
5151 large residential facility.
5252 SECTION 4. Section 534.0155(a), Health and Safety Code, is
5353 amended to read as follows:
5454 (a) This subtitle does not prevent a community center from
5555 providing services to a person with a chemical dependency, [or] to a
5656 person with a developmental disability, or to a person with a mental
5757 disability, as [that term is] defined by Section 535.001.
5858 SECTION 5. This Act takes effect immediately if it receives
5959 a vote of two-thirds of all the members elected to each house, as
6060 provided by Section 39, Article III, Texas Constitution. If this
6161 Act does not receive the vote necessary for immediate effect, this
6262 Act takes effect September 1, 2009.
6363 ______________________________ ______________________________
6464 President of the Senate Speaker of the House
6565 I certify that H.B. No. 2303 was passed by the House on April
6666 29, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
6767 voting.
6868 ______________________________
6969 Chief Clerk of the House
7070 I certify that H.B. No. 2303 was passed by the Senate on May
7171 19, 2009, by the following vote: Yeas 30, Nays 0.
7272 ______________________________
7373 Secretary of the Senate
7474 APPROVED: _____________________
7575 Date
7676 _____________________
7777 Governor