81R9645 UM-D
By: King of Taylor H.B. No. 3716
A BILL TO BE ENTITLED
AN ACT
relating to an annual report regarding the death of certain
individuals with developmental disabilities.
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 161.078 to read as follows:
Sec. 161.078. ANNUAL REPORT REGARDING THE DEATH OF CERTAIN
INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES. (a) The department
shall report annually regarding the deaths of individuals receiving
services from a state school or a person licensed or certified by
the department to provide services to persons with developmental
disabilities. The report may not include identifying information
relating to an individual, a state school, or a person licensed or
certified by the department. The report must include statistical
information developed by the department on the official causes of
death of persons with developmental disabilities using data from
reports provided under Subsection (b) and Section 252.134, Health
and Safety Code. The statistical information must specifically
identify the causes of deaths of individuals with developmental
disabilities and be easily understandable. Statistical information
developed under this subsection is not confidential. The department
shall publish the report on the department's Internet website.
(b) The executive commissioner shall adopt rules requiring
the submittal of a report regarding the death of a person with a
developmental disability receiving services from:
(1) a person, other than a person licensed under
Chapter 252, Health and Safety Code, licensed or certified by the
department to provide services to persons with developmental
disabilities; or
(2) a state school.
(c) The department shall correlate reports submitted under
Subsection (b) with death certificate information to develop data
relating to the:
(1) name and age of the deceased;
(2) official cause of death listed on the death
certificate;
(3) date, time, and place of death; and
(4) name and address of the person from whom the
individual received services.
(d) Except as provided by Subsection (a), a report received
under Subsection (b) and data developed under Subsection (c) are
confidential and not subject to the provisions of Chapter 552,
Government Code.
SECTION 2. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 3. This Act takes effect September 1, 2009.