| 1 | 1 | | 81R9618 GCB-D |
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| 2 | 2 | | By: Crownover H.B. No. 4308 |
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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 the placement of certain persons with mental |
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| 8 | 8 | | retardation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 531.0244, Government Code, is amended by |
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| 11 | 11 | | adding Subsection (b-2) to read as follows: |
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| 12 | 12 | | (b-2) Notwithstanding Subsection (b), a person with an IQ of |
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| 13 | 13 | | 40 or lower who does not have a legally authorized representative as |
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| 14 | 14 | | defined by Section 241.151, Health and Safety Code, may not be |
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| 15 | 15 | | transferred from a state school to a community residence. This |
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| 16 | 16 | | subsection expires September 1, 2011. |
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| 17 | 17 | | SECTION 2. Section 592.013, Health and Safety Code, is |
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| 18 | 18 | | amended to read as follows: |
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| 19 | 19 | | Sec. 592.013. LEAST RESTRICTIVE LIVING ENVIRONMENT. (a) |
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| 20 | 20 | | Each person with mental retardation has the right to live in the |
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| 21 | 21 | | least restrictive setting appropriate to the person's individual |
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| 22 | 22 | | needs and abilities and in a variety of living situations, |
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| 23 | 23 | | including living: |
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| 24 | 24 | | (1) alone; |
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| 25 | 25 | | (2) in a group home; |
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| 26 | 26 | | (3) with a family; or |
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| 27 | 27 | | (4) in a supervised, protective environment. |
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| 28 | 28 | | (b) For purposes of Subsection (a), a state school may be |
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| 29 | 29 | | the least restrictive setting for a person with an IQ of 40 or lower |
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| 30 | 30 | | who does not have a legally authorized representative as defined by |
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| 31 | 31 | | Section 241.151, and that person may not be transferred from a state |
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| 32 | 32 | | school to a community residence. This subsection expires September |
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| 33 | 33 | | 1, 2011. |
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| 34 | 34 | | SECTION 3. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2009. |
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