By: Zaffirini, et al. S.B. No. 49
(Burkett)
A BILL TO BE ENTITLED
AN ACT
relating to transitional living assistance and appropriate care
settings for children with disabilities who reside in general
residential operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.0244, Government Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) For purposes of determining the appropriateness of
transfers under Subsection (b)(3) and developing the strategies
required by Subsection (b)(4), a health and human services agency
shall presume the eligibility of a child residing in a general
residential operation, as defined by Section 42.002, Human
Resources Code, for transfer to an appropriate community-based
setting.
SECTION 2. Subdivision (1), Subsection (a), Section
531.059, Government Code, is amended to read as follows:
(1) "Institutional housing" means:
(A) an ICF-MR, as defined by Section 531.002,
Health and Safety Code;
(B) a nursing facility;
(C) a state hospital, state school, or state
center maintained and managed by the Texas Department of Mental
Health and Mental Retardation; [or]
(D) an institution for the mentally retarded
licensed or operated by the Department of Family and Protective
[and Regulatory] Services; or
(E) a general residential operation, as defined
by Section 42.002, Human Resources Code.
SECTION 3. 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 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.