| 1 | 1 | | 81R9557 CBH-D |
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| 2 | 2 | | By: King of Taylor H.B. No. 2921 |
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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 a requirement that state schools provide certain |
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| 8 | 8 | | services to persons residing in the communities in which the |
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| 9 | 9 | | schools are located. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 533, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 533.051 to read as follows: |
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| 13 | 13 | | Sec. 533.051. PROVISION OF COMMUNITY SERVICES BY STATE |
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| 14 | 14 | | SCHOOL. (a) Notwithstanding any other law, a state school shall |
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| 15 | 15 | | provide to persons with mental retardation who reside in the |
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| 16 | 16 | | community in which the school is located nonresidential services |
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| 17 | 17 | | that are comparable to the services provided to residents of the |
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| 18 | 18 | | state school. The state school is required to provide the |
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| 19 | 19 | | nonresidential services only: |
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| 20 | 20 | | (1) to a person with mental retardation who would |
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| 21 | 21 | | qualify for those services if the person resided in the state |
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| 22 | 22 | | school; and |
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| 23 | 23 | | (2) if the state school is reimbursed for those |
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| 24 | 24 | | services. |
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| 25 | 25 | | (b) The nonresidential services a state school must provide |
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| 26 | 26 | | include: |
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| 27 | 27 | | (1) behavior treatment services; |
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| 28 | 28 | | (2) skills training; |
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| 29 | 29 | | (3) occupational therapy; |
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| 30 | 30 | | (4) physical therapy; and |
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| 31 | 31 | | (5) vocational training. |
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| 32 | 32 | | (c) A state school may contract with the local mental |
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| 33 | 33 | | retardation authority or a community provider for the state school |
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| 34 | 34 | | to provide the services. |
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| 35 | 35 | | (d) The executive commissioner of the Health and Human |
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| 36 | 36 | | Services Commission by rule shall prescribe appropriate charges for |
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| 37 | 37 | | the services if the state school does not receive reimbursement for |
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| 38 | 38 | | the services from a third party, including a local, state, or |
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| 39 | 39 | | federal program. |
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| 40 | 40 | | SECTION 2. This Act takes effect September 1, 2009. |
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