81R13354 UM-D
By: Shapleigh S.B. No. 1407
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the State Developmental Center
Evaluation Authority and the residential placement of individuals
with mental retardation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.002(17), Health and Safety Code, is
amended to read as follows:
(17) "State developmental center [school]" means a
state-supported and structured residential facility operated by
the Department of Aging and Disability Services [department] to
provide to clients with mental retardation a variety of services,
including medical treatment, specialized therapy, and training in
the acquisition of personal, social, and vocational skills.
SECTION 2. Chapter 531, Health and Safety Code, is amended
by adding Section 531.0021 to read as follows:
Sec. 531.0021. REFERENCE TO STATE SCHOOL. A reference in
law to a "state school" means a state developmental center.
SECTION 3. Section 532.001(b), Health and Safety Code, is
amended to read as follows:
(b) The Department of Aging and Disability Services and the
Department of State Health Services [department] also include
[includes] community services operated by those departments [the
department] and the following facilities, as appropriate:
(1) the central office of the department;
(2) the Austin State Hospital;
(3) the Big Spring State Hospital;
(4) the Kerrville State Hospital;
(5) the Rusk State Hospital;
(6) the San Antonio State Hospital;
(7) the Terrell State Hospital;
(8) the North Texas State Hospital;
(9) the Abilene State Developmental Center [School];
(10) the Austin State Developmental Center [School];
(11) the Brenham State Developmental Center [School];
(12) the Corpus Christi State Developmental Center
[School];
(13) the Denton State Developmental Center [School];
(14) the Lubbock State Developmental Center [School];
(15) the Lufkin State Developmental Center [School];
(16) the Mexia State Developmental Center [School];
(17) the Richmond State Developmental Center
[School];
(18) the San Angelo State Developmental Center
[School];
(19) the San Antonio State Developmental Center
[School];
(20) the El Paso State Developmental Center;
(21) the Rio Grande State Center; and
(22) the Waco Center for Youth.
SECTION 4. Subtitle B, Title 7, Health and Safety Code, is
amended by adding Chapter 556 to read as follows:
CHAPTER 556. STATE DEVELOPMENTAL CENTER EVALUATION AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 556.001. DEFINITIONS. In this chapter:
(1) "Authority" means the State Developmental Center
Evaluation Authority.
(2) "Commission" means the Health and Human Services
Commission.
(3) "Community services provider" includes a licensed
ICF-MR provider with fewer than 16 beds.
(4) "Department" means the Department of Aging and
Disability Services.
(5) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
Sec. 556.002. STATE DEVELOPMENTAL CENTER EVALUATION
AUTHORITY. The State Developmental Center Evaluation Authority is
established to evaluate and make recommendations regarding the
operation and management of state developmental centers. The
authority is administratively attached to the commission but is
independent of direction by the commission or the executive
commissioner. The commission shall provide administrative support
and resources to the authority as necessary to enable the authority
to perform its duties.
Sec. 556.003. SUNSET PROVISION. The State Developmental
Center Evaluation Authority is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the authority is abolished and this chapter
expires September 1, 2021.
[Sections 556.004-556.020 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 556.021. APPOINTMENT OF AUTHORITY MEMBERS. (a) The
authority is composed of nine members of the public appointed as
follows:
(1) three members of the public appointed by the
governor;
(2) three members appointed by the lieutenant
governor; and
(3) three members appointed by the governor from a
list provided by the speaker of the house of representatives.
(b) To be eligible for appointment to the authority, a
person may not:
(1) be an agent, paid consultant, officer, or employee
of a state developmental center, state center, local mental
retardation authority, licensed provider of ICF-MR services, or
other provider of services to individuals with mental retardation;
(2) have a financial interest in a state developmental
center, state center, local mental retardation authority, licensed
provider of ICF-MR services, or other provider of services to
individuals with mental retardation;
(3) be an officer, employee, or paid consultant of a
trade association in the field of residential services for
individuals with mental retardation; or
(4) be related within the second degree by affinity or
consanguinity, as determined under Chapter 573, Government Code, to
a person who is an officer, employee, paid consultant, or resident
of a state developmental center, state center, local mental
retardation authority, licensed provider of ICF-MR services, or
other provider of services to individuals with mental retardation.
(c) A person may not serve as a member of the authority or
act as the general counsel to the authority if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the authority.
(d) Chapter 551, Government Code, applies to the authority.
(e) A majority of the members of the authority constitute a
quorum for the transaction of business.
(f) Appointments to the authority shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
(g) Members serve at the will of the person who appointed
the member.
Sec. 556.022. VACANCY. The governor or lieutenant governor
shall fill a vacancy on the authority in the same manner as the
original appointment.
Sec. 556.023. PRESIDING OFFICER; OTHER OFFICERS;
MEETINGS. (a) The members of the authority shall elect a presiding
officer and other necessary officers.
(b) The authority may hold meetings in different areas of
the state.
[Sections 556.024-556.050 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES OF AUTHORITY
Sec. 556.051. GENERAL POWERS AND DUTIES OF AUTHORITY. (a)
The authority is responsible for recommending the consolidation or
closure of state developmental centers in accordance with criteria
and benchmarks as described by this chapter and determined by the
authority. The authority is also responsible for overseeing the
implementation of the authority's recommendations by the
commission and the department as required by this chapter.
(b) The authority shall ensure that the capacity of state
developmental centers has been reduced to not more than 3,000
individuals by January 1, 2014.
Sec. 556.052. ADVISORY COMMITTEE. (a) An advisory
committee is created to assist and provide information to the
authority.
(b) The advisory committee is composed of the following
representatives, appointed by the executive commissioner:
(1) one representative of the commission;
(2) one representative of the department;
(3) one representative of the Department of State
Health Services;
(4) two representatives of community services
providers;
(5) one representative of local mental retardation
authorities;
(6) two representatives of an advocacy group for
persons with disabilities; and
(7) one family member of an individual residing in a
state developmental center.
(c) The advisory committee shall study and make
recommendations to the authority regarding the evaluation and
consolidation or closure of state developmental centers.
Sec. 556.053. EVALUATION OF STATE DEVELOPMENTAL CENTERS.
(a) Each biennium, the authority shall evaluate the state
developmental center system and determine which state
developmental centers should be consolidated or closed by the
commission and the department.
(b) In evaluating a state developmental center, the
authority shall consider the following factors:
(1) the proximity of the state developmental center to
other state developmental centers and the geographical
distribution of remaining state developmental centers;
(2) the proximity of the state developmental centers
to community services providers and the geographical distribution
of those providers;
(3) the administrative cost of the state developmental
center;
(4) the availability of other employment
opportunities in the area for employees displaced by the
consolidation or closure, including additional employment that may
be needed by community services providers if the state
developmental center is consolidated or closed;
(5) the condition of existing state developmental
center structures and existing community services providers;
(6) the marketability of the property where the state
developmental center is located, as determined in consultation with
persons with business development expertise, and whether the
property should be sold or converted to another use if the state
developmental center is consolidated or closed;
(7) the ease of client transfer capability;
(8) the capacity at remaining state developmental
centers to accommodate persons transferred from a facility
identified for consolidation or closure;
(9) the capacity of local community services providers
to accommodate persons formerly served by the state developmental
center;
(10) identification of specialty programs and
services available at the state developmental center and whether
those programs and services are available at other state
developmental centers or from local community services providers;
(11) the history of incidents of abuse, neglect, or
exploitation at the state developmental center;
(12) the services and supports that are not available
in the community and that resulted in commitment of individuals to
the state developmental center during the previous five years;
(13) the support needs of residents in the state
developmental center and the availability of programs that provide
those services in the community;
(14) the impact of expanding community programs in the
area of the state developmental center, particularly in
historically underserved areas of the state; and
(15) any other relevant factor as determined by the
authority.
(c) The advisory committee to the authority may assist the
authority in performing the evaluation required by this section.
(d) The authority may solicit public testimony and input
during the evaluation process.
Sec. 556.054. RECOMMENDATION FOR CONSOLIDATION OR CLOSURE;
REPORT. (a) Not later than December 1 of each even-numbered year,
the authority shall submit a report to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
standing committee of each house of the legislature with
jurisdiction over state developmental centers. The report must
include a specific recommendation of whether to consolidate or
close one or more state developmental centers and, if consolidation
or closure is recommended, which state developmental center or
centers should be consolidated or closed.
(b) The authority shall include in the report:
(1) the name and location of each state developmental
center to be consolidated or closed;
(2) the number of individuals that will require a
transfer to another state developmental center or a community
services provider as a result of the consolidation or closure;
(3) the number and type of community programs that
need to be developed, based on the services and supports the
authority determined are not available in the community and that
resulted in commitment of individuals to the state developmental
center during the previous five years;
(4) the number and type of training competencies
needed to assist state developmental center employees in gaining
the skills needed to transfer to providing services in the
community; and
(5) any other relevant information as determined by
the authority.
Sec. 556.055. EFFECT OF RECOMMENDATION. (a) Unless the
legislature adopts a resolution rejecting the consolidation or
closure of a state developmental center recommended for
consolidation or closure by the authority in the first regular
legislative session following the report's submission by the
authority, the commission and the department shall implement the
consolidation or closure of the state developmental center
beginning on September 1 of the odd-numbered year following the
submission of the report.
(b) The authority shall monitor the consolidation or
closure of a state developmental center that was recommended for
consolidation or closure by the authority.
Sec. 556.056. MORATORIUM ON STATE DEVELOPMENTAL CENTER
PLACEMENTS. An individual with mental retardation may not be
admitted or committed to a state developmental center under Chapter
593 on or after September 1, 2009, and until a census of 3,000 has
been achieved. The department shall ensure that individuals who
would otherwise be committed under that chapter receive services by
ensuring programs are available to provide those services.
[Sections 556.057-556.100 reserved for expansion]
SUBCHAPTER D. COMMUNITY-BASED GROUP HOMES PILOT PROGRAM
Sec. 556.101. COMMUNITY-BASED GROUP HOMES PILOT PROGRAM.
(a) The department shall establish a pilot program to study the
feasibility of the department operating group homes serving not
more than four individuals with mental retardation who voluntarily
choose to reside at the group home.
(b) In establishing a pilot program under this section, the
department shall:
(1) identify and select two areas in the state that
have few community-based resources for individuals with mental
retardation;
(2) operate at least one group home in each selected
community for not less than 12 months; and
(3) evaluate whether the operation of the group home
by the department:
(A) is feasible and cost-effective;
(B) provides a necessary alternative for
individuals with mental retardation in the selected community; and
(C) results in a positive and safe living
arrangement for individuals with mental retardation who
participate in the pilot program.
(c) Not later than December 1, 2010, the department shall
submit to the governor, the lieutenant governor, the speaker of the
house of representatives, and the commission a report that
includes:
(1) a description regarding the organization of the
pilot program;
(2) the findings and recommendations of the department
regarding the operation of group homes by the department, including
any recommended legislation; and
(3) any other relevant information regarding the pilot
program as determined by the department.
Sec. 556.102. EXPIRATION. This subchapter expires
September 2, 2011.
SECTION 5. (a) Not later than September 1, 2009, the
governor and lieutenant governor shall appoint the members of the
State Developmental Center Evaluation Authority as provided by
Chapter 556, Health and Safety Code, as added by this Act.
(b) Not later than January 1, 2010, the executive
commissioner of the Health and Human Services Commission shall
appoint the advisory committee as provided by Section 556.052,
Health and Safety Code, as added by this Act.
(c) Not later than September 1, 2009, the Department of
Aging and Disability Services shall establish and begin
implementation of the community-based group homes pilot program
under Subchapter D, Chapter 556, Health and Safety Code, as added by
this Act.
SECTION 6. 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 7. 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.