Texas 2011 - 82nd Regular

Texas Senate Bill SB41

Filed
 
Out of Senate Committee
2/22/11  
Voted on by Senate
3/17/11  
Out of House Committee
4/29/11  
Voted on by House
5/20/11  
Governor Action
6/17/11  
Bill Becomes Law
 
Enrolled
5/21/11  

Caption

Relating to the use of restraints in state supported living centers.

Impact

This bill has significant implications for state laws governing the treatment of individuals in supportive living environments. By establishing strict guidelines on the use of restraints, it reinforces a commitment to promoting the well-being and autonomy of residents. The requirement for immediate cessation of restraints once the risk of injury abates also emphasizes the importance of protecting residents from unnecessary harm. Centers are also required to report any incidents involving restraints, ensuring increased transparency and accountability.

Summary

SB41 introduces regulations regarding the use of mechanical and physical restraints in state supported living centers in Texas. The bill mandates that restraints can only be utilized to prevent imminent physical injury to a resident or others and must be the least restrictive option available. Additionally, restraints may not be used as a form of punishment or as part of behavioral plans. The legislation aims to enhance the safety and dignity of residents by limiting the circumstances under which restraints can be applied.

Contention

Notable points of contention surrounding SB41 involve the balance between ensuring safety for residents and the potential risks associated with the limitation on restraint use. Advocates argue that the bill prioritizes resident rights and reduces the likelihood of abuse or misuse of restraints; however, some may express concerns that without appropriate behavioral management strategies, staff may face challenges in effectively preventing harm to themselves or residents in high-risk situations. Thus, the ongoing discourse will likely center on finding this equilibrium between protective measures and effective care practices.

Companion Bills

No companion bills found.

Previously Filed As

TX SB944

Relating to the commitment order for individuals with intellectual disabilities who are committed to state supported living centers.

TX SB2191

Relating to peer support specialists for individuals with an intellectual or developmental disability and peer services for those individuals under Medicaid living outside of state supported living centers.

TX HB459

Relating to prohibiting the use of certain restraints or chemical irritants on certain public school students.

TX HB446

Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.

TX SB1179

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX HB133

Relating to prohibiting the use of certain restraints on students enrolled in public schools who receive special education services.

TX SB1610

Relating to prohibiting the use of certain restraints on students enrolled in public schools who receive special education services.

TX SB332

Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.

TX HB4886

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX SB1539

Relating to the terminology used to refer to an individualized education program team.

Similar Bills

CA AB878

Juveniles: restraints.

NH SB393

Relative to the use of restraints on pregnant women in the custody of a state or county correctional facility.

CA AB2657

Pupil discipline: restraint and seclusion.

IL HB5631

MHDDC-LETHAL RESTRAINTS-PROHIB

CA AB216

School safety: Pupil and Staff Safety Pilot Program.

TX SB751

Relating to the use of restraints in state schools.

CO HB1248

Protect Students from Restraint & Seclusion Act

NH HB491

Relative to prohibiting the use of the prone restraint for minors.