By: Darby, Herrero (Senate Sponsor - Duncan) H.B. No. 748
(In the Senate - Received from the House April 6, 2009;
April 27, 2009, read first time and referred to Committee on Health
and Human Services; May 18, 2009, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 6,
Nays 0; May 18, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 748 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to the provision of services to certain individuals with
developmental disabilities by a state school or state center.
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 161.077 to read as follows:
Sec. 161.077. CONTRACTS FOR SERVICES FOR INDIVIDUALS WITH
DEVELOPMENTAL DISABILITIES. (a) A person that provides disability
services may contract with a state school or state center for the
school or center to provide services and resources to support
individuals with developmental disabilities, including individuals
with dual diagnosis disorders.
(b) Notwithstanding any other law, a state school or state
center may provide nonresidential services to support an individual
if:
(1) the individual:
(A) is receiving services in a program funded by
the department;
(B) meets the eligibility criteria for the
intermediate care facility for persons with mental retardation
program; and
(C) resides in the area in which the state school
or state center is located; and
(2) the provision of services to the individual does
not interfere with the provision of services to a resident of the
state school or state center.
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 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.
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