Texas 2019 - 86th Regular

Texas House Bill HB4598 Latest Draft

Bill / Introduced Version Filed 03/08/2019

                            86R14209 KFF-D
 By: Walle H.B. No. 4598


 A BILL TO BE ENTITLED
 AN ACT
 relating to reestablishing the in-home and family support program.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 531, Government Code, is amended by
 adding Subchapter T to read as follows:
 SUBCHAPTER T. IN-HOME AND FAMILY SUPPORT PROGRAM
 Sec. 531.801.  DEFINITIONS. In this subchapter:
 (1)  "Disability" means a physical impairment that:
 (A)  is likely to continue indefinitely;
 (B)  results in substantial functional
 limitations in one or more of the following areas of major life
 activity as determined under the disabilities screening
 instrument:
 (i)  self-care;
 (ii)  receptive and expressive language;
 (iii)  learning;
 (iv)  mobility;
 (v)  self-direction; or
 (vi)  capacity for independent living; and
 (C)  is likely to require treatment or services
 that are lifelong or of extended duration.
 (2)  "Program" means the in-home and family support
 program established under this subchapter.
 Sec. 531.802.  IN-HOME AND FAMILY SUPPORT PROGRAM. The
 executive commissioner by rule shall establish the in-home and
 family support program to provide benefits to an individual with a
 disability that allows the individual or the legal guardian of the
 individual to purchase items that enable the individual to reside
 in a community-based setting. The program must be designed in
 substantially the same manner as the in-home and family support
 program formerly administered by the former Department of Aging and
 Disability Services under 40 T.A.C. Chapter 48, Subchapter F.
 SECTION 2.  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 3.  This Act takes effect September 1, 2019.