81R2525 UM-D By: Zaffirini S.B. No. 40 A BILL TO BE ENTITLED AN ACT relating to surveys of certain premises at which home and community-based services providers provide services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 161, Human Resources Code, is amended by adding Section 161.076 to read as follows: Sec. 161.076. ON-SITE SURVEYS OF CERTAIN PROVIDERS. At least every 12 months, the department shall conduct an on-site survey in each group or foster home at which a home and community-based services provider provides services. The department shall conduct the survey in a manner consistent with surveys conducted by the department under Section 142.009, Health and Safety Code. SECTION 2. 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 3. This Act takes effect September 1, 2009.