| 1 | 1 | | By: Zaffirini, et al. S.B. No. 49 |
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| 2 | 2 | | (Burkett) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to transitional living assistance and appropriate care |
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| 8 | 8 | | settings for children with disabilities who reside in general |
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| 9 | 9 | | residential operations. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 531.0244, Government Code, is amended by |
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| 12 | 12 | | adding Subsection (c-1) to read as follows: |
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| 13 | 13 | | (c-1) For purposes of determining the appropriateness of |
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| 14 | 14 | | transfers under Subsection (b)(3) and developing the strategies |
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| 15 | 15 | | required by Subsection (b)(4), a health and human services agency |
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| 16 | 16 | | shall presume the eligibility of a child residing in a general |
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| 17 | 17 | | residential operation, as defined by Section 42.002, Human |
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| 18 | 18 | | Resources Code, for transfer to an appropriate community-based |
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| 19 | 19 | | setting. |
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| 20 | 20 | | SECTION 2. Subdivision (1), Subsection (a), Section |
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| 21 | 21 | | 531.059, Government Code, is amended to read as follows: |
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| 22 | 22 | | (1) "Institutional housing" means: |
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| 23 | 23 | | (A) an ICF-MR, as defined by Section 531.002, |
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| 24 | 24 | | Health and Safety Code; |
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| 25 | 25 | | (B) a nursing facility; |
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| 26 | 26 | | (C) a state hospital, state school, or state |
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| 27 | 27 | | center maintained and managed by the Texas Department of Mental |
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| 28 | 28 | | Health and Mental Retardation; [or] |
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| 29 | 29 | | (D) an institution for the mentally retarded |
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| 30 | 30 | | licensed or operated by the Department of Family and Protective |
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| 31 | 31 | | [and Regulatory] Services; or |
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| 32 | 32 | | (E) a general residential operation, as defined |
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| 33 | 33 | | by Section 42.002, Human Resources Code. |
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| 34 | 34 | | SECTION 3. If before implementing any provision of this Act |
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| 35 | 35 | | a state agency determines that a waiver or authorization from a |
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| 36 | 36 | | federal agency is necessary for implementation of that provision, |
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| 37 | 37 | | the agency affected by the provision shall request the waiver or |
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| 38 | 38 | | authorization and may delay implementing that provision until the |
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| 39 | 39 | | waiver or authorization is granted. |
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| 40 | 40 | | SECTION 4. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2013. |
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