85R6775 GCB-D
By: Hinojosa, et al. S.B. No. 602
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a restructuring commission to
evaluate each state supported living center.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 555, Health and Safety Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. STATE SUPPORTED LIVING CENTER RESTRUCTURING AND
CLOSURES
Sec. 555.201. STATE SUPPORTED LIVING CENTER RESTRUCTURING
COMMISSION. (a) In this subchapter, "restructuring commission"
means the state supported living center restructuring commission.
(b) The restructuring commission consists of five members
appointed by the governor and the following three nonvoting ex
officio members:
(1) the executive commissioner of the Health and Human
Services Commission, or the executive commissioner's designee;
(2) the executive director of the Texas Facilities
Commission or the executive director's designee; and
(3) the commissioner of the General Land Office or the
commissioner's designee.
(c) The restructuring commission is established to ensure
that the state maintains only the number of state supported living
centers necessary to meet the level of need for those centers in
this state. The restructuring commission shall evaluate each state
supported living center to determine whether to recommend the
center be consolidated with another center, downsized, repurposed,
or closed. The restructuring commission may not recommend the
closure of more than five centers.
(d) The restructuring commission must visit each state
supported living center in the course of making the restructuring
commission's evaluations and determinations. In evaluating a state
supported living center, the restructuring commission shall
consider:
(1) the quality of services provided by the center,
including the center's most recent certification inspections and
the center's ability to meet the minimum ICF-IID standards;
(2) the costs of operating the center;
(3) the center's compliance with the 2009 settlement
agreement between the Department of Aging and Disability Services
and the United States Department of Justice regarding services
provided to individuals with intellectual and developmental
disabilities in state-operated facilities;
(4) the availability of community service providers in
the area served by the center;
(5) the specialty services provided at the center,
including the ability of the center to serve alleged offenders or
high-risk residents;
(6) the availability of employment opportunities for
center employees if the center is closed, repurposed, downsized, or
consolidated;
(7) any infrastructure deficiency costs relating to
the center;
(8) the property value of, the market demand for, and
any deed restrictions applicable to property and facilities of the
center;
(9) whether closing, repurposing, downsizing, or
consolidating the center would adversely affect the geographic
distribution of centers in the state;
(10) the availability and capacity of service
providers and resources in the community capable of delivering the
quality and level of care each resident of the center would require
following the closing, repurposing, downsizing, or consolidating
of the center;
(11) input from parents and guardians of current
residents of the center; and
(12) any other criteria the restructuring commission
considers appropriate.
(e) Not later than December 1, 2018, the restructuring
commission shall submit to the governor, 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
restructuring commission's evaluation of each state supported
living center and, as applicable, the restructuring commission's
recommendation for the center to be consolidated with another
center, downsized, repurposed, or closed.
(f) The restructuring commission is abolished and this
section expires January 1, 2019.
Sec. 555.202. CLOSURE OF STATE SUPPORTED LIVING CENTER.
The Health and Human Services Commission shall ensure that a state
supported living center recommended for closure is closed not later
than August 31, 2027, in accordance with the closure plan
established for the center under Section 555.203.
Sec. 555.203. CLOSURE PLAN FOR STATE SUPPORTED LIVING
CENTER. (a) The Health and Human Services Commission shall
establish a closure plan for each state supported living center for
which closure is recommended under Section 555.202.
(b) The closure plan must provide for closure of the
facility and its operations not later than August 31, 2027. The
plan must provide procedures to transition to the community each
resident for whom transition to the community is practicable while
maintaining respect for resident choice.
Sec. 555.204. PROCEEDS FROM CLOSURE OF STATE SUPPORTED
LIVING CENTER. The proceeds from the closure of a state supported
living center, including from the sale or lease of a center's
facilities or other property, may be appropriated only for services
for persons with intellectual and developmental disabilities,
including persons with a dual diagnosis of intellectual and
developmental disabilities and mental illness.
Sec. 555.205. EXPIRATION. This subchapter expires
September 1, 2027.
SECTION 2. Not later than September 1, 2017, the governor
shall appoint five members of the state supported living center
restructuring commission to serve under Section 555.201, Health and
Safety Code, as added by this Act.
SECTION 3. 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, 2017.