Texas 2017 - 85th Regular

Texas Senate Bill SB602 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Hinojosa, et al. S.B. No. 602
2		-	(In the Senate - Filed January 25, 2017; February 13, 2017,
3		-	read first time and referred to Committee on Health & Human
4		-	Services; April 24, 2017, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 8, Nays 1;
6		-	April 24, 2017, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 602 By: Kolkhorst
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the establishment of a restructuring commission to
14	7		evaluate each state supported living center.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Chapter 555, Health and Safety Code, is amended
17	10		by adding Subchapters F and G to read as follows:
18	11		SUBCHAPTER F. STATE SUPPORTED LIVING CENTER RESTRUCTURING AND
19	12		CLOSURES
20	13		Sec. 555.201. STATE SUPPORTED LIVING CENTER RESTRUCTURING
21	14		COMMISSION. (a) In this subchapter:
22	15		(1) "Restructuring commission" means the state
23	16		supported living center restructuring commission.
24	17		(2) "Section 1915(c) waiver program" has the meaning
25	18		assigned by Section 533A.031.
26	19		(b) The restructuring commission consists of five members
27	20		appointed by the governor and the following three nonvoting ex
28	21		officio members:
29	22		(1) the executive commissioner of the Health and Human
30	23		Services Commission or the executive commissioner's designee;
31	24		(2) the executive director of the Texas Facilities
32	25		Commission or the executive director's designee; and
33	26		(3) the commissioner of the General Land Office or the
34	27		commissioner's designee.
35	28		(c) The restructuring commission is established to ensure
36	29		that the state maintains only the number of state supported living
37	30		centers necessary to meet the level of need for those centers in
38	31		this state. The restructuring commission shall evaluate each state
39	32		supported living center to determine whether to recommend the
40	33		center be consolidated with another center, downsized, repurposed,
41	34		or closed. The restructuring commission may not recommend the
42	35		closure of more than five centers.
43	36		(d) The restructuring commission must visit each state
44	37		supported living center in the course of making the restructuring
45	38		commission's evaluations and determinations. In evaluating a state
46	39		supported living center, the restructuring commission shall
47	40		consider:
48	41		(1) the quality of services provided by the center,
49	42		including the center's most recent certification inspections and
50	43		the center's ability to meet the minimum ICF-IID standards;
51	44		(2) the costs of operating the center;
52	45		(3) the center's compliance with the 2009 settlement
53	46		agreement between the Department of Aging and Disability Services
54	47		and the United States Department of Justice regarding services
55	48		provided to individuals with intellectual and developmental
56	49		disabilities in state-operated facilities;
57	50		(4) the availability and capacity of community service
58	51		providers in this state;
59	52		(5) the ability of the center to serve alleged
60	53		offenders or high-risk residents;
61	54		(6) the staff turnover rates for center employees and
62	55		the availability of employment opportunities for center employees
63	56		if the center is closed, repurposed, downsized, or consolidated;
64	57		(7) any infrastructure deficiency costs relating to
65	58		the center;
66	59		(8) whether closing, repurposing, downsizing, or
67	60		consolidating the center would adversely affect the geographic
68	61		distribution of centers and community providers in the state;
69	62		(9) the availability and capacity of service providers
70	63		throughout the state and resources in the community capable of
71	64		delivering the quality and level of care each resident of the center
72	65		would require following the closing, repurposing, downsizing, or
73	66		consolidating of the center;
74	67		(10) input from:
75	68		(A) residents of the center;
76	69		(B) parents, guardians, and relatives of
77	70		residents of the center; and
78	71		(C) individuals and relatives of individuals on
79	72		an interest list to receive assistance under a Section 1915(c)
80	73		waiver program; and
81	74		(11) any other criteria the restructuring commission
82	75		considers appropriate.
83	76		(e) Not later than December 1, 2018, the restructuring
84	77		commission shall submit to the governor, the lieutenant governor,
85	78		the speaker of the house of representatives, and the presiding
86	79		officers of the standing committees of the senate and house of
87	80		representatives having primary jurisdiction over intellectual and
88	81		developmental disability issues a report detailing the
89	82		restructuring commission's evaluation of each state supported
90	83		living center and, as applicable, the restructuring commission's
91	84		recommendation for the center to be consolidated with another
92	85		center, downsized, repurposed, or closed.
93	86		(f) The restructuring commission is abolished and this
94	87		section expires January 1, 2019.
95		-	Sec. 555.202. CLOSURE OF STATE SUPPORTED LIVING CENTER.
96		-	The Health and Human Services Commission shall ensure that a state
97		-	supported living center recommended for closure is closed not later
98		-	than August 31, 2023, in accordance with the closure plan
99		-	established for the center under Section 555.203.
100		-	Sec. 555.203. CLOSURE PLAN FOR STATE SUPPORTED LIVING
	88	+	Sec. 555.202. CLOSURE PLAN FOR STATE SUPPORTED LIVING
101	89		CENTER. (a) The Health and Human Services Commission shall
102	90		establish a closure plan for each state supported living center for
103		-	which closure is recommended under Section 555.202.
	91	+	which closure is recommended by the restructuring commission in the
	92	+	report submitted under Section 555.201.
104	93		(b) The closure plan must provide for closure of the
105	94		facility and its operations not later than August 31, 2023. The
106	95		plan must provide procedures to transition to the community each
107	96		resident for whom transition to the community:
108	97		(1) is approved by persons responsible for the
109	98		treatment of the resident at the state supported living center;
110	99		(2) may be reasonably accommodated by an appropriate
111	100		community placement; and
112	101		(3) is the choice of the resident or guardian of the
113	102		resident.
114		-	Sec. 555.~~204~~. PROCEEDS FROM CLOSURE OF STATE SUPPORTED
	103	+	Sec. 555.203. PROCEEDS FROM CLOSURE OF STATE SUPPORTED
115	104		LIVING CENTER. The proceeds from the closure of a state supported
116	105		living center, including from the sale or lease of a center's
117	106		facilities or other property, may be appropriated only for services
118	107		for persons with intellectual and developmental disabilities,
119	108		including persons with a dual diagnosis of intellectual and
120	109		developmental disabilities and mental illness.
121		-	Sec. 555.~~205~~. RECOMMENDED CLOSURES OF STATE SUPPORTED
	110	+	Sec. 555.204. RECOMMENDED CLOSURES OF STATE SUPPORTED
122	111		LIVING CENTERS. (a) If the restructuring commission proposes the
123	112		closure of one or more state supported living centers, the 86th
124	113		Legislature shall consider the centers recommended for closure by
125	114		voting on whether to approve the commission's recommendations.
126	115		(b) If the legislation described by Subsection (a) is
127	116		enacted and becomes law, the department shall ensure that each
128	117		state supported living center approved by the legislature for
129	118		closure under Subsection (a) is closed not later than August 31,
130	119		2023.
131		-	Sec. 555.~~206~~. EXPIRATION. This subchapter expires
	120	+	Sec. 555.205. EXPIRATION. This subchapter expires
132	121		September 1, 2023.
133	122		SUBCHAPTER G. SALE OF REAL PROPERTY
134	123		Sec. 555.251. OPTION TO PURCHASE REAL PROPERTY. (a) If
135	124		the commission, the department, or another state agency or entity
136	125		offers for sale or plans to commercially develop all or part of real
137	126		property owned by the state on which a state supported living center
138	127		is located, the real property or portion thereof must be offered for
139	128		sale to the city and county in which the real property is located
140	129		before the real property is developed or offered for sale to the
141	130		general public. If the city or county purchases the real property,
142	131		the purchase price may not be less than market value.
143	132		(b) Subsection (a) may not be construed as requiring the
144	133		commission, the department, or another state agency or entity to
145	134		offer real property owned by the state on which a state supported
146	135		living center is located to the city and county in which the real
147	136		property is located before offering the real property for sale to a
148	137		state agency for governmental use.
149	138		SECTION 2. Section 31.158(c)(1), Natural Resources Code, is
150	139		amended to read as follows:
151	140		(1) The sale or lease shall be by sealed bid, by public
152	141		auction, or as provided by Subsection (d); provided, however, the
153	142		School Land Board shall have the first option to purchase such real
154	143		property pursuant to Section 31.159 of this code and the city and
155	144		county in which the real property is located shall have the option
156	145		to purchase such real property pursuant to Section 555.251, Health
157	146		and Safety Code. Subdivisions (2)-(7) apply only to a sale or lease
158	147		by sealed bid or public auction.
159	148		SECTION 3. Not later than September 1, 2017, the governor
160	149		shall appoint five members of the state supported living center
161	150		restructuring commission to serve under Section 555.201, Health and
162	151		Safety Code, as added by this Act.
163	152		SECTION 4. This Act takes effect immediately if it receives
164	153		a vote of two-thirds of all the members elected to each house, as
165	154		provided by Section 39, Article III, Texas Constitution. If this
166	155		Act does not receive the vote necessary for immediate effect, this
167	156		Act takes effect September 1, 2017.
168		-	* * * * *