Texas 2009 - 81st Regular

Texas Senate Bill SB1484 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1484
2	2
3	3
4	4	AN ACT
5	5	relating to delivery of certain services through consumer direction
6	6	to elderly persons and persons with disabilities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 531.051, Government Code, is amended by
9	9	adding Subsections (e) and (f) to read as follows:
10	10	(e) Section 301.251(a), Occupations Code, does not apply to
11	11	delivery of a service for which payment is provided under the
12	12	consumer-directed service option developed under this section if:
13	13	(1) the person who delivers the service:
14	14	(A) has not been denied a license under Chapter
15	15	301, Occupations Code;
16	16	(B) has not been issued a license under Chapter
17	17	301, Occupations Code, that is revoked or suspended; and
18	18	(C) performs a service that is not expressly
19	19	prohibited from delegation by the Texas Board of Nursing; and
20	20	(2) the consumer who receives the service:
21	21	(A) has a disability and the service would have
22	22	been performed by the consumer or the consumer's legally authorized
23	23	representative except for that disability; and
24	24	(B) if:
25	25	(i) the consumer is capable of training the
26	26	person in the proper performance of the service, the consumer
27	27	directs the person to deliver the service; or
28	28	(ii) the consumer is not capable of
29	29	training the person in the proper performance of the service, the
30	30	consumer's legally authorized representative is capable of
31	31	training the person in the proper performance of the service and
32	32	directs the person to deliver the service.
33	33	(f) If the person delivers the service under Subsection
34	34	(e)(2)(B)(ii), the legally authorized representative must be
35	35	present when the service is performed or be immediately accessible
36	36	to the person who delivers the service. If the person will perform
37	37	the service when the representative is not present, the
38	38	representative must observe the person performing the service at
39	39	least once to assure the representative that the person performing
40	40	the service can competently perform that service.
41	41	SECTION 2. This Act takes effect immediately if it receives
42	42	a vote of two-thirds of all the members elected to each house, as
43	43	provided by Section 39, Article III, Texas Constitution. If this
44	44	Act does not receive the vote necessary for immediate effect, this
45	45	Act takes effect September 1, 2009.
46	46	______________________________ ______________________________
47	47	President of the Senate Speaker of the House
48	48	I hereby certify that S.B. No. 1484 passed the Senate on
49	49	April 30, 2009, by the following vote: Yeas 31, Nays 0.
50	50	______________________________
51	51	Secretary of the Senate
52	52	I hereby certify that S.B. No. 1484 passed the House on
53	53	May 15, 2009, by the following vote: Yeas 144, Nays 0, one present
54	54	not voting.
55	55	______________________________
56	56	Chief Clerk of the House
57	57	Approved:
58	58	______________________________
59	59	Date
60	60	______________________________
61	61	Governor