| 1 | 1 | | H.B. No. 748 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the provision of services to certain individuals with |
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| 6 | 6 | | developmental disabilities by a state school or state center. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter D, Chapter 161, Human Resources Code, |
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| 9 | 9 | | is amended by adding Section 161.077 to read as follows: |
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| 10 | 10 | | Sec. 161.077. CONTRACTS FOR SERVICES FOR INDIVIDUALS WITH |
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| 11 | 11 | | DEVELOPMENTAL DISABILITIES. (a) A person that provides disability |
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| 12 | 12 | | services may contract with a state school or state center for the |
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| 13 | 13 | | school or center to provide services and resources to support |
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| 14 | 14 | | individuals with developmental disabilities, including individuals |
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| 15 | 15 | | with dual diagnosis disorders. |
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| 16 | 16 | | (b) Notwithstanding any other law, a state school or state |
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| 17 | 17 | | center may provide nonresidential services to support an individual |
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| 18 | 18 | | if: |
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| 19 | 19 | | (1) the individual: |
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| 20 | 20 | | (A) is receiving services in a program funded by |
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| 21 | 21 | | the department; |
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| 22 | 22 | | (B) meets the eligibility criteria for the |
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| 23 | 23 | | intermediate care facility for persons with mental retardation |
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| 24 | 24 | | program; and |
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| 25 | 25 | | (C) resides in the area in which the state school |
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| 26 | 26 | | or state center is located; and |
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| 27 | 27 | | (2) the provision of services to the individual does |
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| 28 | 28 | | not interfere with the provision of services to a resident of the |
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| 29 | 29 | | state school or state center. |
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| 30 | 30 | | SECTION 2. If before implementing any provision of this Act |
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| 31 | 31 | | a state agency determines that a waiver or authorization from a |
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| 32 | 32 | | federal agency is necessary for implementation of that provision, |
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| 33 | 33 | | the agency affected by the provision shall request the waiver or |
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| 34 | 34 | | authorization and may delay implementing that provision until the |
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| 35 | 35 | | waiver or authorization is granted. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2009. |
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| 41 | 41 | | ______________________________ ______________________________ |
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| 42 | 42 | | President of the Senate Speaker of the House |
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| 43 | 43 | | I certify that H.B. No. 748 was passed by the House on April |
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| 44 | 44 | | 2, 2009, by the following vote: Yeas 145, Nays 0, 2 present, not |
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| 45 | 45 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 46 | 46 | | No. 748 on May 29, 2009, by the following vote: Yeas 142, Nays 0, 2 |
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| 47 | 47 | | present, not voting. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Chief Clerk of the House |
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| 50 | 50 | | I certify that H.B. No. 748 was passed by the Senate, with |
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| 51 | 51 | | amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
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| 52 | 52 | | 0. |
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| 53 | 53 | | ______________________________ |
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| 54 | 54 | | Secretary of the Senate |
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| 55 | 55 | | APPROVED: __________________ |
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| 56 | 56 | | Date |
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| 57 | 57 | | __________________ |
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| 58 | 58 | | Governor |
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