81R9618 GCB-D
By: Crownover H.B. No. 4308
A BILL TO BE ENTITLED
AN ACT
relating to the placement of certain persons with mental
retardation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.0244, Government Code, is amended by
adding Subsection (b-2) to read as follows:
(b-2) Notwithstanding Subsection (b), a person with an IQ of
40 or lower who does not have a legally authorized representative as
defined by Section 241.151, Health and Safety Code, may not be
transferred from a state school to a community residence. This
subsection expires September 1, 2011.
SECTION 2. Section 592.013, Health and Safety Code, is
amended to read as follows:
Sec. 592.013. LEAST RESTRICTIVE LIVING ENVIRONMENT. (a)
Each person with mental retardation has the right to live in the
least restrictive setting appropriate to the person's individual
needs and abilities and in a variety of living situations,
including living:
(1) alone;
(2) in a group home;
(3) with a family; or
(4) in a supervised, protective environment.
(b) For purposes of Subsection (a), a state school may be
the least restrictive setting for a person with an IQ of 40 or lower
who does not have a legally authorized representative as defined by
Section 241.151, and that person may not be transferred from a state
school to a community residence. This subsection expires September
1, 2011.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.