By: Hinojosa, et al. S.B. No. 602
(In the Senate - Filed January 25, 2017; February 13, 2017,
read first time and referred to Committee on Health & Human
Services; April 24, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 1;
April 24, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 602 By: Kolkhorst
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 Subchapters F and G 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:
(1) "Restructuring commission" means the state
supported living center restructuring commission.
(2) "Section 1915(c) waiver program" has the meaning
assigned by Section 533A.031.
(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 and capacity of community service
providers in this state;
(5) the ability of the center to serve alleged
offenders or high-risk residents;
(6) the staff turnover rates for center employees and
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) whether closing, repurposing, downsizing, or
consolidating the center would adversely affect the geographic
distribution of centers and community providers in the state;
(9) the availability and capacity of service providers
throughout the state 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;
(10) input from:
(A) residents of the center;
(B) parents, guardians, and relatives of
residents of the center; and
(C) individuals and relatives of individuals on
an interest list to receive assistance under a Section 1915(c)
waiver program; and
(11) 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, 2023, 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, 2023. The
plan must provide procedures to transition to the community each
resident for whom transition to the community:
(1) is approved by persons responsible for the
treatment of the resident at the state supported living center;
(2) may be reasonably accommodated by an appropriate
community placement; and
(3) is the choice of the resident or guardian of the
resident.
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. RECOMMENDED CLOSURES OF STATE SUPPORTED
LIVING CENTERS. (a) If the restructuring commission proposes the
closure of one or more state supported living centers, the 86th
Legislature shall consider the centers recommended for closure by
voting on whether to approve the commission's recommendations.
(b) If the legislation described by Subsection (a) is
enacted and becomes law, the department shall ensure that each
state supported living center approved by the legislature for
closure under Subsection (a) is closed not later than August 31,
2023.
Sec. 555.206. EXPIRATION. This subchapter expires
September 1, 2023.
SUBCHAPTER G. SALE OF REAL PROPERTY
Sec. 555.251. OPTION TO PURCHASE REAL PROPERTY. (a) If
the commission, the department, or another state agency or entity
offers for sale or plans to commercially develop all or part of real
property owned by the state on which a state supported living center
is located, the real property or portion thereof must be offered for
sale to the city and county in which the real property is located
before the real property is developed or offered for sale to the
general public. If the city or county purchases the real property,
the purchase price may not be less than market value.
(b) Subsection (a) may not be construed as requiring the
commission, the department, or another state agency or entity to
offer real property owned by the state on which a state supported
living center is located to the city and county in which the real
property is located before offering the real property for sale to a
state agency for governmental use.
SECTION 2. Section 31.158(c)(1), Natural Resources Code, is
amended to read as follows:
(1) The sale or lease shall be by sealed bid, by public
auction, or as provided by Subsection (d); provided, however, the
School Land Board shall have the first option to purchase such real
property pursuant to Section 31.159 of this code and the city and
county in which the real property is located shall have the option
to purchase such real property pursuant to Section 555.251, Health
and Safety Code. Subdivisions (2)-(7) apply only to a sale or lease
by sealed bid or public auction.
SECTION 3. 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 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, 2017.
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