Texas House Bill HB4308

Texas 2009 - 81st Regular

Caption

Relating to the placement of certain persons with mental retardation.

Impact

The bill is designed to enhance the living conditions of individuals with mental retardation by ensuring they are not moved to less supportive environments without proper representation. By restricting transfers from state schools, the legislation reinforces the rights of this population to remain in settings that are deemed to be the least restrictive according to their individual circumstances. This change could significantly affect the operational policies of healthcare and residential facilities, ensuring that the rights of such individuals are prioritized and upheld legally.

Summary

House Bill 4308 addresses the placement conditions for individuals with mental retardation in Texas. It mandates that individuals with an IQ of 40 or lower, who do not have a legally authorized representative, must not be transferred from a state school to a community residence. This stipulation emphasizes the need to maintain stability and support for these individuals, specifically within state schools designed to cater to their unique needs. The bill proposes an amendment to relevant statutes to ensure their continued care in a familiar environment, aiming to protect the most vulnerable citizens in the community.

Contention

Although the bill expresses a protective intent for individuals with mental retardation, there may be concerns regarding the implications of such restrictions on transfer. Some stakeholders argue that it could limit options for individuals who may thrive in community settings when properly supported. Critics may voice concerns regarding the anticipated resources required to maintain adequate facilities within state schools to accommodate these individuals, particularly in the context of the state’s overall budgetary constraints and the availability of support services.