84R8524 EES-F
By: RodrÃguez S.B. No. 1068
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the State Supported Living Center
Realignment Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 7, Health and Safety Code, is
amended by adding Chapter 556 to read as follows:
CHAPTER 556. STATE SUPPORTED LIVING CENTER REALIGNMENT COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 556.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Community services provider" means a provider of
services under a home and community-based services waiver program
and a licensed ICF-IID provider with fewer than six beds.
(3) "Department" means the Department of Aging and
Disability Services.
(4) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(5) "Local authority" means a local intellectual and
developmental disability authority.
(6) "Realignment commission" means the State
Supported Living Center Realignment Commission.
(7) "State supported living center" has the meaning
assigned by Section 531.002.
Sec. 556.002. STATE SUPPORTED LIVING CENTER REALIGNMENT
COMMISSION. The State Supported Living Center Realignment
Commission is established to evaluate the state supported living
centers and make recommendations regarding the operation and
management of the state supported living centers, including
recommendations for the closure of state supported living centers,
other than the Austin State Supported Living Center. The
realignment commission is administratively attached to the
department but is independent of direction by the department. The
department shall provide to the realignment commission
administrative support and resources and access to the department's
documents relating to the state supported living centers as
necessary to enable the realignment commission to perform its
duties.
Sec. 556.003. EXPIRATION. This chapter expires and the
realignment commission is abolished September 1, 2027.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 556.021. APPOINTMENT OF REALIGNMENT COMMISSION
MEMBERS. (a) The realignment commission is composed of nine
appointed members and three nonvoting ex officio members as
provided by this section.
(b) The nonvoting ex officio members are:
(1) the executive commissioner or the executive
commissioner's designee;
(2) the executive director of the Texas Facilities
Commission or the executive director's designee; and
(3) the land commissioner or the land commissioner's
designee.
(c) The appointed members are:
(1) three members of the public appointed by the
governor;
(2) three members of the public appointed by the
lieutenant governor; and
(3) three members of the public appointed by the
governor from a list provided by the speaker of the house of
representatives.
(d) To be eligible for appointment to the realignment
commission, a person may not:
(1) be an agent, paid consultant, officer, or employee
of a state supported living center, state center, local authority,
licensed provider of ICF-IID services, or other provider of
services to individuals with an intellectual or developmental
disability;
(2) have a financial interest in a state supported
living center, state center, local authority, licensed provider of
ICF-IID services, or other provider of services to individuals with
an intellectual or developmental disability;
(3) have a financial interest in the closure of a state
supported living center;
(4) be an officer, employee, or paid consultant of a
trade association in the field of residential services for
individuals with an intellectual or developmental disability;
(5) be a resident of a state supported living center;
or
(6) be related within the second degree by affinity or
consanguinity, as determined under Chapter 573, Government Code, to
a person who is an officer, employee, paid consultant, or resident
of a state supported living center, state center, local authority,
licensed provider of ICF-IID services, or other provider of
services to individuals with an intellectual or developmental
disability.
(e) A person may not serve as an appointed member of the
realignment commission or act as the general counsel to the
realignment commission if the person is required to register as a
lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the realignment commission.
(f) Chapter 551, Government Code, applies to the
realignment commission.
(g) A majority of the members of the realignment commission
constitutes a quorum for the transaction of business.
(h) Appointments to the realignment commission shall be
made without regard to the race, color, disability, sex, religion,
age, or national origin of the appointees.
(i) An appointed member of the realignment commission
serves at the will of the person who appointed the member.
Sec. 556.022. VACANCY. The governor or lieutenant governor
shall fill a vacancy on the realignment commission in the same
manner as the original appointment.
Sec. 556.023. PRESIDING OFFICER; OTHER OFFICERS;
MEETINGS. (a) The members of the realignment commission shall
elect a presiding officer and other necessary officers.
(b) The realignment commission shall hold meetings in
different areas of the state.
Sec. 556.024. COMPENSATION; TRAVEL EXPENSES. A member of
the realignment commission may not receive compensation for service
on the realignment commission but is entitled to reimbursement for
travel expenses incurred while conducting realignment commission
business.
SUBCHAPTER C. POWERS AND DUTIES OF REALIGNMENT COMMISSION
Sec. 556.051. GENERAL POWERS AND DUTIES OF REALIGNMENT
COMMISSION. The realignment commission shall recommend the closure
of state supported living centers, other than the Austin State
Supported Living Center, in accordance with criteria and benchmarks
as described by this chapter and determined by the realignment
commission. The realignment commission shall oversee the
implementation of the realignment commission's recommendations by
the department as required by this chapter.
Sec. 556.052. ADVISORY COMMITTEE. (a) An advisory
committee is created to assist and provide information to the
realignment commission.
(b) The advisory committee is composed of the following
members, appointed by the executive commissioner:
(1) one representative of the commission;
(2) one representative of the department;
(3) one representative of the Department of State
Health Services;
(4) two representatives of community services
providers;
(5) one representative of local authorities;
(6) two representatives of advocacy groups that focus
on the independent living of persons with disabilities;
(7) two family members of individuals residing in a
state supported living center; and
(8) two individuals with an intellectual or
developmental disability, including one individual who resides or
has resided in a state supported living center.
(c) The advisory committee shall study and make
recommendations to the realignment commission regarding the
evaluation and closure of state supported living centers.
Sec. 556.053. EVALUATION OF STATE SUPPORTED LIVING CENTERS.
(a) The realignment commission shall evaluate the state supported
living center system and determine which state supported living
centers, other than the Austin State Supported Living Center,
should be closed by the department.
(b) In evaluating a state supported living center, the
realignment commission shall consider the following factors:
(1) the proximity of the state supported living center
to other state supported living centers and the geographical
distribution of remaining state supported living centers if the
state supported living center is closed;
(2) the proximity of the state supported living center
to community services providers and the geographical distribution
of those providers;
(3) the cost of operating the state supported living
center;
(4) the availability of other employment
opportunities in the area for employees that would be displaced by
the closure of the state supported living center, including
additional employment that may be needed by community services
providers if the state supported living center is closed;
(5) the condition of existing state supported living
center structures and existing community services providers;
(6) the property value, marketability, and deed
restrictions of the property where the state supported living
center is located, as determined in consultation with persons with
business development expertise, and whether the property should be
sold or converted to another use if the state supported living
center is closed;
(7) the ease of client transfer capability to a
community placement or another state supported living center;
(8) the capacity at remaining state supported living
centers to accommodate persons who will need or want to be
transferred from the state supported living center to another state
supported living center if the state supported living center is
closed;
(9) the capacity of local community services providers
to accommodate persons formerly served by the state supported
living center who will need or want to be transferred to a community
placement if the state supported living center is closed;
(10) the quality of services provided at the state
supported living center, the state supported living center's most
recent certification inspections, and the state supported living
center's ability to meet the minimum standards for an ICF-IID
facility;
(11) specialty programs and services available at the
state supported living center, including programs and services for
alleged offenders and high-risk residents, and whether those
programs and services are available at other state supported living
centers or from local community services providers;
(12) the history of incidents of abuse, neglect, or
exploitation at the state supported living center, and any findings
of circumstances at the state supported living center constituting
immediate jeopardy to the health or safety of the residents;
(13) the state supported living center's record of
compliance with the systemwide settlement agreement between the
state and the United States Department of Justice regarding the
department of justice's investigation of state supported living
centers, as determined by the independent monitors engaged in
monitoring compliance with the settlement agreement;
(14) the services and supports that are not available
in the community and that resulted in commitment of individuals to
the state supported living center during the previous five years;
(15) the support needs of residents in the state
supported living center and the availability of programs that
provide those services in the community;
(16) the effect of expanding community programs in the
area of the state supported living center, particularly in
historically underserved areas of the state; and
(17) any other relevant factor as determined by the
realignment commission.
(c) The advisory committee to the realignment commission
may assist the realignment commission in performing the evaluation
required by this section.
(d) The realignment commission shall hold public hearings
throughout the state in a manner that accommodates individuals with
disabilities and their families in order to solicit input during
the evaluation process.
Sec. 556.054. RECOMMENDATION FOR CLOSURE; REPORT. (a) Not
later than December 1, 2016, the realignment commission shall
submit to the governor, the commission, the department, the
lieutenant governor, the speaker of the house of representatives,
and the presiding officers of the standing committees of the senate
and house of representatives having primary jurisdiction over
intellectual and developmental disability issues a report
detailing the realignment commission's evaluation of each state
supported living center and proposing the closure of certain state
supported living centers, other than the Austin State Supported
Living Center.
(b) The realignment commission shall include in the report:
(1) the name and location of each state supported
living center recommended by the realignment commission to be
closed;
(2) the estimated number of individuals that would
require a transfer to another state supported living center or a
community services provider as a result of each recommended
closure;
(3) the number and type of community programs that
need to be developed, based on the services and supports the
realignment commission determined are not available in the
community and that resulted in commitment of individuals to the
state supported living center during the previous five years;
(4) the number and type of training competencies that
would be needed to assist state supported living center employees
in gaining the skills needed to transfer to providing services in
the community; and
(5) any other relevant information as determined by
the realignment commission.
Sec. 556.055. EFFECT OF RECOMMENDATION. (a) The 85th
Legislature shall consider legislation proposing the closure of the
state supported living centers recommended for closure. In
considering the proposed legislation described by this subsection,
members of the legislature may not propose amendments to the
legislation.
(b) If the legislation described by Subsection (a) is
enacted and becomes law, the department shall develop a plan and
timeline for the closure of the state supported living centers
approved by the legislature for closure under Subsection (a) and
close those state supported living centers no later than August 31,
2025. In developing the plan and timeline under this section, the
department shall identify specific resources available to assist
residents and employees of those state supported living centers
with the transition. The department shall use the evaluation of the
closure of the Austin State Supported Living Center as a guide for
closing the state supported living centers under this section. In
closing the state supported living centers under this section, the
department shall consult with the commission regarding the sale of
any property. The proceeds of the sale of property where a state
supported living center was located may be appropriated only for
the long-term services and supports system.
Sec. 556.056. MORATORIUM ON STATE SUPPORTED LIVING CENTER
PLACEMENTS. (a) An individual with an intellectual or
developmental disability may not be admitted or committed to a
state supported living center under Chapter 593 on or after
September 1, 2015, if:
(1) the closure of the center has been recommended by
the realignment commission; or
(2) as provided by the Centers for Medicare and
Medicaid Services:
(A) the center's certification is at risk because
of deficient practices that have put the health and safety of the
center's residents in immediate jeopardy; or
(B) the center's certification is at risk of
termination in 90 days because of noncompliance with certification
requirements.
(b) The department shall ensure that individuals who would
otherwise be committed under Chapter 593 receive services by
ensuring programs are available to provide those services through
diversion and other community capacity building activities.
SECTION 2. (a) Not later than September 1, 2015, the
governor and lieutenant governor shall appoint the members of the
State Supported Living Center Realignment Commission as provided by
Chapter 556, Health and Safety Code, as added by this Act.
(b) Not later than January 1, 2016, the executive
commissioner of the Health and Human Services Commission shall
appoint the advisory committee as provided by Section 556.052,
Health and Safety Code, as added by this Act.
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, 2015.