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Texas Senate Bill SB1407

Texas 2009 - 81st Regular

Texas Senate Bill SB1407 Compare Versions

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11 81R13354 UM-D
22 By: Shapleigh S.B. No. 1407
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the State Developmental Center
88 Evaluation Authority and the residential placement of individuals
99 with mental retardation.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 531.002(17), Health and Safety Code, is
1212 amended to read as follows:
1313 (17) "State developmental center [school]" means a
1414 state-supported and structured residential facility operated by
1515 the Department of Aging and Disability Services [department] to
1616 provide to clients with mental retardation a variety of services,
1717 including medical treatment, specialized therapy, and training in
1818 the acquisition of personal, social, and vocational skills.
1919 SECTION 2. Chapter 531, Health and Safety Code, is amended
2020 by adding Section 531.0021 to read as follows:
2121 Sec. 531.0021. REFERENCE TO STATE SCHOOL. A reference in
2222 law to a "state school" means a state developmental center.
2323 SECTION 3. Section 532.001(b), Health and Safety Code, is
2424 amended to read as follows:
2525 (b) The Department of Aging and Disability Services and the
2626 Department of State Health Services [department] also include
2727 [includes] community services operated by those departments [the
2828 department] and the following facilities, as appropriate:
2929 (1) the central office of the department;
3030 (2) the Austin State Hospital;
3131 (3) the Big Spring State Hospital;
3232 (4) the Kerrville State Hospital;
3333 (5) the Rusk State Hospital;
3434 (6) the San Antonio State Hospital;
3535 (7) the Terrell State Hospital;
3636 (8) the North Texas State Hospital;
3737 (9) the Abilene State Developmental Center [School];
3838 (10) the Austin State Developmental Center [School];
3939 (11) the Brenham State Developmental Center [School];
4040 (12) the Corpus Christi State Developmental Center
4141 [School];
4242 (13) the Denton State Developmental Center [School];
4343 (14) the Lubbock State Developmental Center [School];
4444 (15) the Lufkin State Developmental Center [School];
4545 (16) the Mexia State Developmental Center [School];
4646 (17) the Richmond State Developmental Center
4747 [School];
4848 (18) the San Angelo State Developmental Center
4949 [School];
5050 (19) the San Antonio State Developmental Center
5151 [School];
5252 (20) the El Paso State Developmental Center;
5353 (21) the Rio Grande State Center; and
5454 (22) the Waco Center for Youth.
5555 SECTION 4. Subtitle B, Title 7, Health and Safety Code, is
5656 amended by adding Chapter 556 to read as follows:
5757 CHAPTER 556. STATE DEVELOPMENTAL CENTER EVALUATION AUTHORITY
5858 SUBCHAPTER A. GENERAL PROVISIONS
5959 Sec. 556.001. DEFINITIONS. In this chapter:
6060 (1) "Authority" means the State Developmental Center
6161 Evaluation Authority.
6262 (2) "Commission" means the Health and Human Services
6363 Commission.
6464 (3) "Community services provider" includes a licensed
6565 ICF-MR provider with fewer than 16 beds.
6666 (4) "Department" means the Department of Aging and
6767 Disability Services.
6868 (5) "Executive commissioner" means the executive
6969 commissioner of the Health and Human Services Commission.
7070 Sec. 556.002. STATE DEVELOPMENTAL CENTER EVALUATION
7171 AUTHORITY. The State Developmental Center Evaluation Authority is
7272 established to evaluate and make recommendations regarding the
7373 operation and management of state developmental centers. The
7474 authority is administratively attached to the commission but is
7575 independent of direction by the commission or the executive
7676 commissioner. The commission shall provide administrative support
7777 and resources to the authority as necessary to enable the authority
7878 to perform its duties.
7979 Sec. 556.003. SUNSET PROVISION. The State Developmental
8080 Center Evaluation Authority is subject to Chapter 325, Government
8181 Code (Texas Sunset Act). Unless continued in existence as provided
8282 by that chapter, the authority is abolished and this chapter
8383 expires September 1, 2021.
8484 [Sections 556.004-556.020 reserved for expansion]
8585 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
8686 Sec. 556.021. APPOINTMENT OF AUTHORITY MEMBERS. (a) The
8787 authority is composed of nine members of the public appointed as
8888 follows:
8989 (1) three members of the public appointed by the
9090 governor;
9191 (2) three members appointed by the lieutenant
9292 governor; and
9393 (3) three members appointed by the governor from a
9494 list provided by the speaker of the house of representatives.
9595 (b) To be eligible for appointment to the authority, a
9696 person may not:
9797 (1) be an agent, paid consultant, officer, or employee
9898 of a state developmental center, state center, local mental
9999 retardation authority, licensed provider of ICF-MR services, or
100100 other provider of services to individuals with mental retardation;
101101 (2) have a financial interest in a state developmental
102102 center, state center, local mental retardation authority, licensed
103103 provider of ICF-MR services, or other provider of services to
104104 individuals with mental retardation;
105105 (3) be an officer, employee, or paid consultant of a
106106 trade association in the field of residential services for
107107 individuals with mental retardation; or
108108 (4) be related within the second degree by affinity or
109109 consanguinity, as determined under Chapter 573, Government Code, to
110110 a person who is an officer, employee, paid consultant, or resident
111111 of a state developmental center, state center, local mental
112112 retardation authority, licensed provider of ICF-MR services, or
113113 other provider of services to individuals with mental retardation.
114114 (c) A person may not serve as a member of the authority or
115115 act as the general counsel to the authority if the person is
116116 required to register as a lobbyist under Chapter 305, Government
117117 Code, because of the person's activities for compensation on behalf
118118 of a profession related to the operation of the authority.
119119 (d) Chapter 551, Government Code, applies to the authority.
120120 (e) A majority of the members of the authority constitute a
121121 quorum for the transaction of business.
122122 (f) Appointments to the authority shall be made without
123123 regard to the race, color, disability, sex, religion, age, or
124124 national origin of the appointees.
125125 (g) Members serve at the will of the person who appointed
126126 the member.
127127 Sec. 556.022. VACANCY. The governor or lieutenant governor
128128 shall fill a vacancy on the authority in the same manner as the
129129 original appointment.
130130 Sec. 556.023. PRESIDING OFFICER; OTHER OFFICERS;
131131 MEETINGS. (a) The members of the authority shall elect a presiding
132132 officer and other necessary officers.
133133 (b) The authority may hold meetings in different areas of
134134 the state.
135135 [Sections 556.024-556.050 reserved for expansion]
136136 SUBCHAPTER C. POWERS AND DUTIES OF AUTHORITY
137137 Sec. 556.051. GENERAL POWERS AND DUTIES OF AUTHORITY. (a)
138138 The authority is responsible for recommending the consolidation or
139139 closure of state developmental centers in accordance with criteria
140140 and benchmarks as described by this chapter and determined by the
141141 authority. The authority is also responsible for overseeing the
142142 implementation of the authority's recommendations by the
143143 commission and the department as required by this chapter.
144144 (b) The authority shall ensure that the capacity of state
145145 developmental centers has been reduced to not more than 3,000
146146 individuals by January 1, 2014.
147147 Sec. 556.052. ADVISORY COMMITTEE. (a) An advisory
148148 committee is created to assist and provide information to the
149149 authority.
150150 (b) The advisory committee is composed of the following
151151 representatives, appointed by the executive commissioner:
152152 (1) one representative of the commission;
153153 (2) one representative of the department;
154154 (3) one representative of the Department of State
155155 Health Services;
156156 (4) two representatives of community services
157157 providers;
158158 (5) one representative of local mental retardation
159159 authorities;
160160 (6) two representatives of an advocacy group for
161161 persons with disabilities; and
162162 (7) one family member of an individual residing in a
163163 state developmental center.
164164 (c) The advisory committee shall study and make
165165 recommendations to the authority regarding the evaluation and
166166 consolidation or closure of state developmental centers.
167167 Sec. 556.053. EVALUATION OF STATE DEVELOPMENTAL CENTERS.
168168 (a) Each biennium, the authority shall evaluate the state
169169 developmental center system and determine which state
170170 developmental centers should be consolidated or closed by the
171171 commission and the department.
172172 (b) In evaluating a state developmental center, the
173173 authority shall consider the following factors:
174174 (1) the proximity of the state developmental center to
175175 other state developmental centers and the geographical
176176 distribution of remaining state developmental centers;
177177 (2) the proximity of the state developmental centers
178178 to community services providers and the geographical distribution
179179 of those providers;
180180 (3) the administrative cost of the state developmental
181181 center;
182182 (4) the availability of other employment
183183 opportunities in the area for employees displaced by the
184184 consolidation or closure, including additional employment that may
185185 be needed by community services providers if the state
186186 developmental center is consolidated or closed;
187187 (5) the condition of existing state developmental
188188 center structures and existing community services providers;
189189 (6) the marketability of the property where the state
190190 developmental center is located, as determined in consultation with
191191 persons with business development expertise, and whether the
192192 property should be sold or converted to another use if the state
193193 developmental center is consolidated or closed;
194194 (7) the ease of client transfer capability;
195195 (8) the capacity at remaining state developmental
196196 centers to accommodate persons transferred from a facility
197197 identified for consolidation or closure;
198198 (9) the capacity of local community services providers
199199 to accommodate persons formerly served by the state developmental
200200 center;
201201 (10) identification of specialty programs and
202202 services available at the state developmental center and whether
203203 those programs and services are available at other state
204204 developmental centers or from local community services providers;
205205 (11) the history of incidents of abuse, neglect, or
206206 exploitation at the state developmental center;
207207 (12) the services and supports that are not available
208208 in the community and that resulted in commitment of individuals to
209209 the state developmental center during the previous five years;
210210 (13) the support needs of residents in the state
211211 developmental center and the availability of programs that provide
212212 those services in the community;
213213 (14) the impact of expanding community programs in the
214214 area of the state developmental center, particularly in
215215 historically underserved areas of the state; and
216216 (15) any other relevant factor as determined by the
217217 authority.
218218 (c) The advisory committee to the authority may assist the
219219 authority in performing the evaluation required by this section.
220220 (d) The authority may solicit public testimony and input
221221 during the evaluation process.
222222 Sec. 556.054. RECOMMENDATION FOR CONSOLIDATION OR CLOSURE;
223223 REPORT. (a) Not later than December 1 of each even-numbered year,
224224 the authority shall submit a report to the governor, the lieutenant
225225 governor, the speaker of the house of representatives, and the
226226 standing committee of each house of the legislature with
227227 jurisdiction over state developmental centers. The report must
228228 include a specific recommendation of whether to consolidate or
229229 close one or more state developmental centers and, if consolidation
230230 or closure is recommended, which state developmental center or
231231 centers should be consolidated or closed.
232232 (b) The authority shall include in the report:
233233 (1) the name and location of each state developmental
234234 center to be consolidated or closed;
235235 (2) the number of individuals that will require a
236236 transfer to another state developmental center or a community
237237 services provider as a result of the consolidation or closure;
238238 (3) the number and type of community programs that
239239 need to be developed, based on the services and supports the
240240 authority determined are not available in the community and that
241241 resulted in commitment of individuals to the state developmental
242242 center during the previous five years;
243243 (4) the number and type of training competencies
244244 needed to assist state developmental center employees in gaining
245245 the skills needed to transfer to providing services in the
246246 community; and
247247 (5) any other relevant information as determined by
248248 the authority.
249249 Sec. 556.055. EFFECT OF RECOMMENDATION. (a) Unless the
250250 legislature adopts a resolution rejecting the consolidation or
251251 closure of a state developmental center recommended for
252252 consolidation or closure by the authority in the first regular
253253 legislative session following the report's submission by the
254254 authority, the commission and the department shall implement the
255255 consolidation or closure of the state developmental center
256256 beginning on September 1 of the odd-numbered year following the
257257 submission of the report.
258258 (b) The authority shall monitor the consolidation or
259259 closure of a state developmental center that was recommended for
260260 consolidation or closure by the authority.
261261 Sec. 556.056. MORATORIUM ON STATE DEVELOPMENTAL CENTER
262262 PLACEMENTS. An individual with mental retardation may not be
263263 admitted or committed to a state developmental center under Chapter
264264 593 on or after September 1, 2009, and until a census of 3,000 has
265265 been achieved. The department shall ensure that individuals who
266266 would otherwise be committed under that chapter receive services by
267267 ensuring programs are available to provide those services.
268268 [Sections 556.057-556.100 reserved for expansion]
269269 SUBCHAPTER D. COMMUNITY-BASED GROUP HOMES PILOT PROGRAM
270270 Sec. 556.101. COMMUNITY-BASED GROUP HOMES PILOT PROGRAM.
271271 (a) The department shall establish a pilot program to study the
272272 feasibility of the department operating group homes serving not
273273 more than four individuals with mental retardation who voluntarily
274274 choose to reside at the group home.
275275 (b) In establishing a pilot program under this section, the
276276 department shall:
277277 (1) identify and select two areas in the state that
278278 have few community-based resources for individuals with mental
279279 retardation;
280280 (2) operate at least one group home in each selected
281281 community for not less than 12 months; and
282282 (3) evaluate whether the operation of the group home
283283 by the department:
284284 (A) is feasible and cost-effective;
285285 (B) provides a necessary alternative for
286286 individuals with mental retardation in the selected community; and
287287 (C) results in a positive and safe living
288288 arrangement for individuals with mental retardation who
289289 participate in the pilot program.
290290 (c) Not later than December 1, 2010, the department shall
291291 submit to the governor, the lieutenant governor, the speaker of the
292292 house of representatives, and the commission a report that
293293 includes:
294294 (1) a description regarding the organization of the
295295 pilot program;
296296 (2) the findings and recommendations of the department
297297 regarding the operation of group homes by the department, including
298298 any recommended legislation; and
299299 (3) any other relevant information regarding the pilot
300300 program as determined by the department.
301301 Sec. 556.102. EXPIRATION. This subchapter expires
302302 September 2, 2011.
303303 SECTION 5. (a) Not later than September 1, 2009, the
304304 governor and lieutenant governor shall appoint the members of the
305305 State Developmental Center Evaluation Authority as provided by
306306 Chapter 556, Health and Safety Code, as added by this Act.
307307 (b) Not later than January 1, 2010, the executive
308308 commissioner of the Health and Human Services Commission shall
309309 appoint the advisory committee as provided by Section 556.052,
310310 Health and Safety Code, as added by this Act.
311311 (c) Not later than September 1, 2009, the Department of
312312 Aging and Disability Services shall establish and begin
313313 implementation of the community-based group homes pilot program
314314 under Subchapter D, Chapter 556, Health and Safety Code, as added by
315315 this Act.
316316 SECTION 6. If before implementing any provision of this Act
317317 a state agency determines that a waiver or authorization from a
318318 federal agency is necessary for implementation of that provision,
319319 the agency affected by the provision shall request the waiver or
320320 authorization and may delay implementing that provision until the
321321 waiver or authorization is granted.
322322 SECTION 7. This Act takes effect immediately if it receives
323323 a vote of two-thirds of all the members elected to each house, as
324324 provided by Section 39, Article III, Texas Constitution. If this
325325 Act does not receive the vote necessary for immediate effect, this
326326 Act takes effect September 1, 2009.