Texas 2009 - 81st Regular

Texas Senate Bill SB1144 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3978 GCB-D
2	2	By: Zaffirini S.B. No. 1144
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a volunteer-supported
8	8	decision-making advocate pilot program for persons with
9	9	intellectual and developmental disabilities and persons with other
10	10	cognitive disabilities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 531, Government Code, is
13	13	amended by adding Section 531.02446 to read as follows:
14	14	Sec. 531.02446. VOLUNTEER-SUPPORTED DECISION-MAKING
15	15	ADVOCATE PILOT PROGRAM. (a) In this section:
16	16	(1) "Peer-to-peer services training" means training
17	17	conducted by and for persons with intellectual and developmental
18	18	disabilities and persons with other cognitive disabilities on how
19	19	to advocate for their own rights and interests.
20	20	(2) "Pilot program" means a volunteer-supported
21	21	decision-making advocate pilot program established under this
22	22	section.
23	23	(3) "Self-advocacy organization" means a nonprofit
24	24	organization run by and for persons with disabilities that provides
25	25	training to its members and other self-advocacy organizations on
26	26	self-advocacy, self-determination, and person-centered planning.
27	27	(4) "State school" has the meaning assigned by Section
28	28	531.002, Health and Safety Code.
29	29	(5) "Supported decision-making services" means
30	30	services provided for the purpose of supporting a person with
31	31	intellectual and developmental disabilities or a person with other
32	32	cognitive disabilities to enable the person to make life decisions
33	33	such as where the person wants to live, who the person wants to live
34	34	with, and where the person wants to work, without impeding the
35	35	self-determination of the person.
36	36	(b) The commission shall create a pilot program to promote
37	37	the provision of supported decision-making services to persons with
38	38	intellectual and developmental disabilities and persons with other
39	39	cognitive disabilities. The commission shall select at least one
40	40	rural community and at least one urban community in which to
41	41	implement the program. The commission shall convene a work group to
42	42	develop the rules and structure of the pilot program. The work
43	43	group must consist of family members of, and advocates for, persons
44	44	with intellectual and developmental disabilities and persons with
45	45	other cognitive disabilities, and of other persons interested in
46	46	promoting supported decision-making services. The work group must
47	47	include at least one representative of a self-advocacy organization
48	48	and at least one self-advocate.
49	49	(c) The commission shall contract with one or more entities
50	50	to administer the pilot program and to recruit and train volunteer
51	51	advocates to provide supported decision-making services. The pilot
52	52	program may be created or administered by a nonprofit organization,
53	53	a self-advocacy organization, or a local mental retardation
54	54	authority or a collaboration of any of those types of entities.
55	55	(d) The commission shall award a contract to an entity or
56	56	collaboration of entities described by Subsection (c) that
57	57	demonstrates:
58	58	(1) a commitment to:
59	59	(A) a philosophy of self-determination in
60	60	providing supported decision-making services;
61	61	(B) providing peer-to-peer services training;
62	62	(C) person-centered planning; and
63	63	(D) preserving the rights provided by federal and
64	64	state law of persons with intellectual and developmental
65	65	disabilities and persons with other cognitive disabilities; and
66	66	(2) the ability to provide supported decision-making
67	67	services to assist persons with intellectual and developmental
68	68	disabilities and persons with other cognitive disabilities in
69	69	understanding their personal options, support options,
70	70	opportunities, and responsibilities to help the person remain as
71	71	independent as possible.
72	72	(e) The commission shall ensure that the pilot program
73	73	provides supported decision-making services to persons living in
74	74	the community and persons living in an institutional setting. The
75	75	pilot program in at least one site must serve residents of a state
76	76	school, especially residents who have expressed a desire to leave
77	77	the state school and do not have a guardian.
78	78	(f) The executive commissioner by rule shall prescribe the
79	79	criteria a contractor must use in evaluating the effectiveness of
80	80	supported decision-making services provided by the pilot program.
81	81	The criteria must be similar to the National Core Indicators
82	82	promulgated by the Human Services Research Institute.
83	83	(g) Before each regular session of the legislature, the
84	84	commission shall publish a report that includes:
85	85	(1) an evaluation of the effectiveness of the pilot
86	86	program under the criteria established under Subsection (f);
87	87	(2) recommendations for changes to improve the
88	88	operation of the pilot program; and
89	89	(3) a recommendation to continue, expand, or eliminate
90	90	the pilot program.
91	91	(h) This section expires September 1, 2013.
92	92	SECTION 2. Not later than January 1, 2010, the executive
93	93	commissioner of the Health and Human Services Commission shall
94	94	appoint persons to a pilot program work group as required under
95	95	Section 531.02446(b), Government Code, as added by this Act.
96	96	SECTION 3. This Act takes effect immediately if it receives
97	97	a vote of two-thirds of all the members elected to each house, as
98	98	provided by Section 39, Article III, Texas Constitution. If this
99	99	Act does not receive the vote necessary for immediate effect, this
100	100	Act takes effect September 1, 2009.