1 | 1 | | S.B. No. 1878 |
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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 creation and operation of a council to increase |
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6 | 6 | | state efforts to offer service-enriched housing through increased |
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7 | 7 | | coordination of housing and health services. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Chapter 2306, Government Code, is amended by |
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10 | 10 | | adding Subchapter NN to read as follows: |
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11 | 11 | | SUBCHAPTER NN. HOUSING AND HEALTH SERVICES COORDINATION COUNCIL |
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12 | 12 | | Sec. 2306.1091. DEFINITIONS. (a) In this subchapter, |
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13 | 13 | | "council" means the housing and health services coordination |
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14 | 14 | | council. |
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15 | 15 | | (b) With the advice and assistance of the council, the |
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16 | 16 | | department by rule shall define "service-enriched housing" for the |
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17 | 17 | | purposes of this subchapter. |
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18 | 18 | | Sec. 2306.1092. COMPOSITION. (a) The department shall |
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19 | 19 | | establish a housing and health services coordination council. |
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20 | 20 | | (b) The council is composed of 16 members consisting of: |
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21 | 21 | | (1) the director; |
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22 | 22 | | (2) one representative from each of the following |
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23 | 23 | | agencies, appointed by the head of that agency: |
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24 | 24 | | (A) the Office of Rural Community Affairs; |
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25 | 25 | | (B) the Texas State Affordable Housing |
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26 | 26 | | Corporation; |
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27 | 27 | | (C) the Health and Human Services Commission; |
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28 | 28 | | (D) the Department of Assistive and |
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29 | 29 | | Rehabilitative Services; |
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30 | 30 | | (E) the Department of Aging and Disability |
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31 | 31 | | Services; and |
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32 | 32 | | (F) the Department of State Health Services; |
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33 | 33 | | (3) one representative from the Department of |
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34 | 34 | | Agriculture who is: |
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35 | 35 | | (A) knowledgeable about the Texans Feeding |
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36 | 36 | | Texans and Retire in Texas programs or similar programs; and |
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37 | 37 | | (B) appointed by the head of that agency; |
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38 | 38 | | (4) one member who is: |
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39 | 39 | | (A) a member of the Health and Human Services |
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40 | 40 | | Commission Promoting Independence Advisory Committee; and |
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41 | 41 | | (B) appointed by the governor; and |
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42 | 42 | | (5) one representative from each of the following |
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43 | 43 | | interest groups, appointed by the governor: |
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44 | 44 | | (A) financial institutions; |
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45 | 45 | | (B) multifamily housing developers; |
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46 | 46 | | (C) health services entities; |
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47 | 47 | | (D) nonprofit organizations that advocate for |
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48 | 48 | | affordable housing and consumer-directed long-term services and |
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49 | 49 | | support; |
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50 | 50 | | (E) consumers of service-enriched housing; |
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51 | 51 | | (F) advocates for minority issues; and |
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52 | 52 | | (G) rural communities. |
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53 | 53 | | (c) A member of the council appointed under Subsection |
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54 | 54 | | (b)(2) must have, subject to the approval of the head of the agency, |
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55 | 55 | | authority to make decisions for and commit resources of the agency |
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56 | 56 | | that the member represents and must have: |
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57 | 57 | | (1) administrative responsibility for agency programs |
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58 | 58 | | for older adults or persons with disabilities; |
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59 | 59 | | (2) knowledge or experience regarding the |
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60 | 60 | | implementation of projects that coordinate integrated housing and |
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61 | 61 | | health services; or |
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62 | 62 | | (3) knowledge or experience regarding services used by |
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63 | 63 | | older adults or persons with disabilities. |
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64 | 64 | | (d) The director serves as the presiding officer of the |
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65 | 65 | | council. |
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66 | 66 | | Sec. 2306.1093. TERMS. (a) A member of the council who |
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67 | 67 | | represents a state agency serves at the pleasure of the head of that |
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68 | 68 | | agency. |
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69 | 69 | | (b) Members of the council who are appointed by the governor |
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70 | 70 | | serve staggered six-year terms, with the terms of two or three |
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71 | 71 | | members expiring on September 1 of each odd-numbered year. |
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72 | 72 | | Sec. 2306.1094. OPERATION OF COUNCIL. (a) The council |
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73 | 73 | | shall meet at least quarterly. |
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74 | 74 | | (b) The department shall provide clerical and advisory |
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75 | 75 | | support staff to the council. |
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76 | 76 | | (c) Except as provided by Section 2306.1095, Chapter 2110 |
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77 | 77 | | does not apply to the size, composition, or duration of the council. |
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78 | 78 | | Sec. 2306.1095. COMPENSATION AND REIMBURSEMENT. (a) A |
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79 | 79 | | member of the council who is appointed by the governor may not |
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80 | 80 | | receive compensation for service on the council. The member may |
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81 | 81 | | receive reimbursement from the department for actual and necessary |
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82 | 82 | | expenses incurred in performing council functions as provided by |
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83 | 83 | | Section 2110.004. |
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84 | 84 | | (b) A member of the council who is not appointed by the |
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85 | 85 | | governor may not receive compensation for service on the council or |
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86 | 86 | | reimbursement for expenses incurred in performing council |
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87 | 87 | | functions. |
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88 | 88 | | Sec. 2306.1096. DUTIES; BIENNIAL REPORT. (a) The council |
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89 | 89 | | shall: |
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90 | 90 | | (1) develop and implement policies to coordinate and |
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91 | 91 | | increase state efforts to offer service-enriched housing; |
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92 | 92 | | (2) identify barriers preventing or slowing |
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93 | 93 | | service-enriched housing efforts, including barriers attributable |
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94 | 94 | | to the following factors: |
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95 | 95 | | (A) regulatory requirements and limitations; |
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96 | 96 | | (B) administrative limitations; |
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97 | 97 | | (C) limitations on funding; and |
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98 | 98 | | (D) ineffective or limited coordination; |
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99 | 99 | | (3) develop a system to cross-educate selected staff |
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100 | 100 | | in state housing and health services agencies to increase the |
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101 | 101 | | number of staff with expertise in both areas and to coordinate |
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102 | 102 | | relevant staff activities of those agencies; |
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103 | 103 | | (4) identify opportunities for state housing and |
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104 | 104 | | health services agencies to provide technical assistance and |
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105 | 105 | | training to local housing and health services entities about: |
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106 | 106 | | (A) the cross-education of staff; |
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107 | 107 | | (B) coordination among those entities; and |
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108 | 108 | | (C) opportunities to increase local efforts to |
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109 | 109 | | create service-enriched housing; and |
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110 | 110 | | (5) develop suggested performance measures to track |
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111 | 111 | | progress in: |
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112 | 112 | | (A) the reduction or elimination of barriers in |
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113 | 113 | | creating service-enriched housing; |
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114 | 114 | | (B) increasing the coordination between state |
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115 | 115 | | housing and health services agencies; |
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116 | 116 | | (C) increasing the number of state housing and |
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117 | 117 | | health services staff who are cross-educated or who have expertise |
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118 | 118 | | in both housing and health services programs; and |
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119 | 119 | | (D) the provision of technical assistance to |
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120 | 120 | | local communities by state housing and health services staff to |
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121 | 121 | | increase the number of service-enriched housing projects. |
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122 | 122 | | (b) The council shall develop a biennial plan to implement |
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123 | 123 | | the goals described by Subsection (a). |
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124 | 124 | | (c) Not later than August 1 of each even-numbered year, the |
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125 | 125 | | council shall deliver a report of the council's findings and |
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126 | 126 | | recommendations to the governor and the Legislative Budget Board. |
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127 | 127 | | Sec. 2306.1097. GIFTS AND GRANTS. The council may solicit |
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128 | 128 | | and accept gifts, grants, and donations for the purposes of this |
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129 | 129 | | subchapter. |
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130 | 130 | | Sec. 2306.1098. DUTIES OF EMPLOYEES PROVIDING ADVISORY |
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131 | 131 | | SUPPORT TO COUNCIL. Department employees assigned to provide |
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132 | 132 | | advisory support to the council shall: |
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133 | 133 | | (1) identify sources of funding from this state and |
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134 | 134 | | the federal government that may be used to provide integrated |
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135 | 135 | | housing and health services; |
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136 | 136 | | (2) determine the requirements and application |
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137 | 137 | | guidelines to obtain those funds; |
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138 | 138 | | (3) provide training materials that assist the |
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139 | 139 | | development and financing of a service-enriched housing project; |
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140 | 140 | | (4) provide information regarding: |
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141 | 141 | | (A) effective methods to collaborate with |
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142 | 142 | | governmental entities, service providers, and financial |
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143 | 143 | | institutions; and |
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144 | 144 | | (B) the use of layered financing to provide and |
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145 | 145 | | finance service-enriched housing; |
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146 | 146 | | (5) create a financial feasibility model that assists |
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147 | 147 | | in making a preliminary determination of the financial viability of |
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148 | 148 | | proposed service-enriched housing projects, including models that |
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149 | 149 | | allow a person to analyze multiuse projects that facilitate the |
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150 | 150 | | development of projects that will: |
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151 | 151 | | (A) address the needs of communities with |
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152 | 152 | | different populations; and |
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153 | 153 | | (B) achieve economies of scale required to make |
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154 | 154 | | the projects financially viable; |
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155 | 155 | | (6) facilitate communication between state agencies, |
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156 | 156 | | sources of funding, service providers, and other entities to reduce |
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157 | 157 | | or eliminate barriers to service-enriched housing projects; |
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158 | 158 | | (7) provide training about local, state, and federal |
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159 | 159 | | funding sources and the requirements for those sources; |
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160 | 160 | | (8) develop a database to identify, describe, monitor, |
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161 | 161 | | and track the progress of all service-enriched housing projects |
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162 | 162 | | developed in this state with state or federal financial assistance; |
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163 | 163 | | (9) conduct a biennial evaluation and include in the |
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164 | 164 | | council's report to the governor and the Legislative Budget Board |
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165 | 165 | | under Section 2306.1096 information regarding: |
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166 | 166 | | (A) the capacity of statewide long-term care |
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167 | 167 | | providers; and |
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168 | 168 | | (B) interest by housing developers in investing |
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169 | 169 | | in service-enriched housing; |
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170 | 170 | | (10) to increase the consistency in housing |
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171 | 171 | | regulations, recommend changes to home and community-based |
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172 | 172 | | Medicaid waivers that are up for renewal; |
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173 | 173 | | (11) research best practices with respect to |
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174 | 174 | | service-enriched housing projects subsidized by other states; and |
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175 | 175 | | (12) create and maintain a clearinghouse of |
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176 | 176 | | information that contains tools and resources for entities seeking |
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177 | 177 | | to create or finance service-enriched housing projects. |
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178 | 178 | | SECTION 2. (a) As soon as possible after the effective |
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179 | 179 | | date of this Act, the governor and the heads of the applicable state |
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180 | 180 | | agencies shall appoint members to the housing and health services |
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181 | 181 | | coordination council in accordance with Subchapter NN, Chapter |
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182 | 182 | | 2306, Government Code, as added by this Act. |
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183 | 183 | | (b) In making initial appointments to the housing and health |
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184 | 184 | | services coordination council, the governor shall appoint two |
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185 | 185 | | members to serve a term expiring September 1, 2011, three members to |
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186 | 186 | | serve a term expiring September 1, 2013, and three members to serve |
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187 | 187 | | a term expiring September 1, 2015. |
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188 | 188 | | SECTION 3. Not later than September 1, 2010, the housing and |
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189 | 189 | | health services coordination council shall submit the first report |
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190 | 190 | | of the council's findings and recommendations as required by |
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191 | 191 | | Subchapter NN, Chapter 2306, Government Code, as added by this Act. |
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192 | 192 | | SECTION 4. This Act does not make an appropriation. A |
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193 | 193 | | provision in this Act that creates a new governmental program, |
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194 | 194 | | creates a new entitlement, or imposes a new duty on a governmental |
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195 | 195 | | entity is not mandatory during a fiscal period for which the |
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196 | 196 | | legislature has not made a specific appropriation to implement the |
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197 | 197 | | provision. |
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198 | 198 | | SECTION 5. This Act takes effect September 1, 2009. |
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199 | 199 | | ______________________________ ______________________________ |
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200 | 200 | | President of the Senate Speaker of the House |
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201 | 201 | | I hereby certify that S.B. No. 1878 passed the Senate on |
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202 | 202 | | April 22, 2009, by the following vote: Yeas 30, Nays 0; and that |
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203 | 203 | | the Senate concurred in House amendment on May 29, 2009, by the |
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204 | 204 | | following vote: Yeas 31, Nays 0. |
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205 | 205 | | ______________________________ |
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206 | 206 | | Secretary of the Senate |
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207 | 207 | | I hereby certify that S.B. No. 1878 passed the House, with |
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208 | 208 | | amendment, on May 18, 2009, by the following vote: Yeas 89, |
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209 | 209 | | Nays 51, one present not voting. |
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210 | 210 | | ______________________________ |
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211 | 211 | | Chief Clerk of the House |
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212 | 212 | | Approved: |
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213 | 213 | | ______________________________ |
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214 | 214 | | Date |
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215 | 215 | | ______________________________ |
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216 | 216 | | Governor |
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