Texas 2019 - 86th Regular

Texas House Bill HB965 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 965
	1	+	By: González of El Paso, Moody H.B. No. 965
	2	+	(Senate Sponsor - Zaffirini)
	3	+	(In the Senate - Received from the House April 15, 2019;
	4	+	April 16, 2019, read first time and referred to Committee on Health &
	5	+	Human Services; May 20, 2019, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	7	+	May 20, 2019, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 965 By: Johnson
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to updating references to certain former health services
6	15		state agencies and certain terms used to describe persons with
7	16		intellectual or developmental disabilities in the Education Code.
8	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	18		SECTION 1. Section 25.041, Education Code, is amended to
10	19		read as follows:
11	20		Sec. 25.041. TRANSFER OF CHILDREN OR WARDS OF EMPLOYEES OF
12	21		STATE SUPPORTED LIVING CENTERS [SCHOOLS]. A school-age child or
13	22		ward of an employee of a state supported living center [school] for
14	23		persons with intellectual disabilities [the mentally retarded]
15	24		constituted as a school district who resides in the boundaries of
16	25		center [the state school] property but who is not a student at the
17	26		center [state school] is entitled to attend school in a district
18	27		adjacent to the center [state school] free of any charge to the
19	28		child's or ward's parent or guardian provided the parent or guardian
20	29		is required by the superintendent of the center [state school] to
21	30		live on the grounds of the center [state school] for the convenience
22	31		of this state. A tuition charge required by the admitting district
23	32		shall be paid by the district constituting the state supported
24	33		living center [school] out of funds allotted to it by the agency.
25	34		SECTION 2. Section 29.003(b), Education Code, is amended to
26	35		read as follows:
27	36		(b) A student is eligible to participate in a school
28	37		district's special education program if the student:
29	38		(1) is not more than 21 years of age and has a visual or
30	39		auditory impairment that prevents the student from being adequately
31	40		or safely educated in public school without the provision of
32	41		special services; or
33	42		(2) is at least three but not more than 21 years of age
34	43		and has one or more of the following disabilities that prevents the
35	44		student from being adequately or safely educated in public school
36	45		without the provision of special services:
37	46		(A) physical disability;
38	47		(B) intellectual or developmental disability
39	48		[mental retardation];
40	49		(C) emotional disturbance;
41	50		(D) learning disability;
42	51		(E) autism;
43	52		(F) speech disability; or
44	53		(G) traumatic brain injury.
45	54		SECTION 3. Section 29.012(d), Education Code, is amended to
46	55		read as follows:
47	56		(d) The Texas Education Agency, the Health and Human
48	57		Services Commission, the Department of Family and Protective
49	58		Services [the Texas Department of Mental Health and Mental
50	59		Retardation, the Texas Department of Human Services, the Texas
51	60		Department of Health, the Department of Protective and Regulatory
52	61		Services, the Interagency Council on Early Childhood Intervention,
53	62		the Texas Commission on Alcohol and Drug Abuse], and the Texas
54	63		Juvenile Justice Department by a cooperative effort shall develop
55	64		and by rule adopt a memorandum of understanding. The memorandum
56	65		must:
57	66		(1) establish the respective responsibilities of
58	67		school districts and of residential facilities for the provision of
59	68		a free, appropriate public education, as required by the
60	69		Individuals with Disabilities Education Act (20 U.S.C. Section 1400
61	70		et seq.) and its subsequent amendments, including each requirement
62	71		for children with disabilities who reside in those facilities;
63	72		(2) coordinate regulatory and planning functions of
64	73		the parties to the memorandum;
65	74		(3) establish criteria for determining when a public
66	75		school will provide educational services;
67	76		(4) provide for appropriate educational space when
68	77		education services will be provided at the residential facility;
69	78		(5) establish measures designed to ensure the safety
70	79		of students and teachers; and
71	80		(6) provide for binding arbitration consistent with
72	81		Chapter 2009, Government Code, and Section 154.027, Civil Practice
73	82		and Remedies Code.
74	83		SECTION 4. Section 29.456(b), Education Code, is amended to
75	84		read as follows:
76	85		(b) If the commissioner of education and the executive
77	86		commissioner of the Health and Human Services Commission
78	87		[Department of Aging and Disability Services] are unable to bring
79	88		the school district and forensic state supported living center to
80	89		agreement, the commissioners shall jointly submit a written request
81	90		to the attorney general to appoint a neutral third party
82	91		knowledgeable in special education and intellectual and
83	92		developmental disability [mental retardation] issues to resolve
84	93		each issue on which the district and the center disagree. The
85	94		decision of the neutral third party is final and may not be
86	95		appealed. The district and the center shall implement the decision
87	96		of the neutral third party. The commissioner of education or the
88	97		executive commissioner of the Health and Human Services Commission
89	98		[Department of Aging and Disability Services] shall ensure that the
90	99		district and the center implement the decision of the neutral third
91	100		party.
92	101		SECTION 5. Section 29.457(b), Education Code, is amended to
93	102		read as follows:
94	103		(b) Not later than December 1 of each year, a school
95	104		district that receives an allotment under this section shall submit
96	105		a report accounting for the expenditure of funds received under
97	106		this section to the governor, the lieutenant governor, the speaker
98	107		of the house of representatives, the chairs of the standing
99	108		committees of the senate and house of representatives with primary
100	109		jurisdiction regarding persons with intellectual and developmental
101	110		disabilities [mental retardation] and public education, and each
102	111		member of the legislature whose district contains any portion of
103	112		the territory included in the school.
104	113		SECTION 6. Section 30.0015(b), Education Code, is amended
105	114		to read as follows:
106	115		(b) The agency by rule shall develop and annually
107	116		disseminate standards for a school district's transfer of an
108	117		assistive technology device to an entity listed in this subsection
109	118		when a student with a disability using the device changes the school
110	119		of attendance in the district or ceases to attend school in the
111	120		district that purchased the device and the student's parents, or
112	121		the student if the student has the legal capacity to enter into a
113	122		contract, agrees to the transfer. The device may be transferred to:
114	123		(1) the school or school district in which the student
115	124		enrolls;
116	125		(2) a state agency, including the Health and Human
117	126		Services Commission [Texas Rehabilitation Commission and the Texas
118	127		Department of Mental Health and Mental Retardation], that provides
119	128		services to the student following the student's graduation from
120	129		high school; or
121	130		(3) the student's parents, or the student if the
122	131		student has the legal capacity to enter into a contract.
123	132		SECTION 7. Section 52.40(a), Education Code, is amended to
124	133		read as follows:
125	134		(a) The board may cancel the repayment of a loan received by
126	135		a student who earns a doctorate of psychology degree and who, prior
127	136		to the date on which repayment of the loan is to commence, is
128	137		employed by the [Department of Aging and Disability Services, the]
129	138		Department of State Health Services[,] or the Health and Human
130	139		Services Commission and performs duties formerly performed by
131	140		employees of the Texas Department of Human Services [or Texas
132	141		Department of Mental Health and Mental Retardation], the Texas
133	142		Juvenile Justice Department, [or] the Texas Department of Criminal
134	143		Justice, or a former state agency that provided services to persons
135	144		with mental illness, persons with intellectual disabilities, or
136	145		persons with developmental disabilities.
137	146		SECTION 8. Section 73.401, Education Code, is amended to
138	147		read as follows:
139	148		Sec. 73.401. ESTABLISHMENT. The Harris County Psychiatric
140	149		Center has been developed and built by Harris County, Texas, and a
141	150		former state agency that provided services to persons with mental
142	151		illness, persons with intellectual disabilities, and persons with
143	152		developmental disabilities [the Texas Department of Mental Health
144	153		and Mental Retardation]. The facilities of the Harris County
145	154		Psychiatric Center to be operated by The University of Texas System
146	155		shall be operated consistent with the rules and regulations of the
147	156		board of regents and with the provisions of this subchapter.
148	157		SECTION 9. Section 73.403, Education Code, is amended to
149	158		read as follows:
150	159		Sec. 73.403. OPERATION OF COMMITMENT CENTER. Harris
151	160		County, the Harris Center for Mental Health and IDD, or both of
152	161		those entities, [and/or the Mental Health and Mental Retardation
153	162		Authority (MHMRA) of Harris County] may operate on the premises of
154	163		the Harris County Psychiatric Center a commitment center, the
155	164		functions of which may include patient screening, intake, and
156	165		admissions (both voluntary and involuntary) to the Harris County
157	166		Psychiatric Center as may be provided for in a lease [and/or
158	167		sublease] and operating agreement or a sublease and operating
159	168		agreement as authorized under Section 73.405 [of this code]. The
160	169		functions of the Harris County Psychiatric Commitment Center
161	170		located on the premises of the Harris County Psychiatric Center
162	171		both in terms of operation and in terms of funding shall not be the
163	172		responsibility of the Health and Human Services Commission [Texas
164	173		Department of Mental Health and Mental Retardation] or The
165	174		University of Texas System. As may be provided for in a lease
166	175		[and/or sublease] and operating agreement or a sublease and
167	176		operating agreement, The University of Texas System may charge for
168	177		any support services provided by the Harris County Psychiatric
169	178		Center to the commitment center.
170	179		SECTION 10. Section 73.404, Education Code, is amended to
171	180		read as follows:
172	181		Sec. 73.404. FUNDING. (a) Funding for the state-supported
173	182		facilities and operations of the Harris County Psychiatric Center
174	183		shall be provided through legislative appropriations to the Health
175	184		and Human Services Commission [Texas Department of Mental Health
176	185		and Mental Retardation] and to The University of Texas System, and
177	186		any appropriations to the commission [department] for the Harris
178	187		County Psychiatric Center shall be transferred to The University of
179	188		Texas System in accordance with the General Appropriations Act and
180	189		the lease [and/or sublease] and operating agreement or sublease and
181	190		operating agreement provided for in Section 73.405 [of this code].
182	191		Legislative appropriations may be for any further construction at
183	192		the Harris County Psychiatric Center; for equipment, both fixed
184	193		and movable; for utilities, including data processing and
185	194		communications; for maintenance, repairs, renovations, and
186	195		additions; for any damage or destruction; and for operations of
187	196		the Harris County Psychiatric Center; provided, however, that as
188	197		to funding for Harris County Psychiatric Center operations,
189	198		legislative appropriations shall not exceed 85 percent of the total
190	199		operating costs of the entire Harris County Psychiatric Center,
191	200		exclusive of any costs of the commitment center.
192	201		(b) Any funding, under a lease [and/or sublease] and
193	202		operating agreement or sublease and operating agreement wherein The
194	203		University of Texas System is the lessee, for [the county-supported
195	204		and/or MHMRA-supported] facilities and operations of the Harris
196	205		County Psychiatric Center supported by the county or the Health and
197	206		Human Services Commission, which may be provided through county
198	207		appropriations, including funds made available by the Harris Center
199	208		for Mental Health and IDD [County Mental Health and Mental
200	209		Retardation Authority], or from gifts and grants, shall be
201	210		transferred in accordance with the lease [and/or sublease] and
202	211		operating agreement or sublease and operating agreement provided
203	212		for in Section 73.405 [of this code]. Such funds may be for any
204	213		further construction at the Harris County Psychiatric Center; for
205	214		equipment, both fixed and movable; for utilities, including data
206	215		processing and communications; for maintenance, repairs,
207	216		renovations, and additions; for any damage or destruction; and for
208	217		Harris County Psychiatric Center operations which latter funding
209	218		may be proportional to the total costs of The University of Texas
210	219		System operating the entire Harris County Psychiatric Center,
211	220		exclusive of any additional cost incurred by [of] Harris County or
212	221		the Health and Human Services Commission for [and/or MHMRA]
213	222		operating the commitment center, which costs shall remain the sole
214	223		responsibility of the entity or entities that incurred those costs
215	224		[Harris County and/or MHMRA].
216	225		SECTION 11. Sections 73.405(a) and (d), Education Code, are
217	226		amended to read as follows:
218	227		(a) The state-supported facilities of the Harris County
219	228		Psychiatric Center shall be leased to and operated and administered
220	229		by The University of Texas System in accordance with a lease and
221	230		operating agreement. The [county-supported and/or
222	231		MHMRA-supported] facilities supported by the county or the Harris
223	232		Center for Mental Health and IDD, exclusive of the commitment
224	233		center, may be leased or [and/or] subleased by The University of
225	234		Texas System in the same lease [and/or sublease] and operating
226	235		agreement or sublease and operating agreement. Any lease [and/or
227	236		sublease] and operating agreement or sublease and operating
228	237		agreement shall provide for a lease payment by The University of
229	238		Texas System of no more than $1 per year plus other good and
230	239		valuable consideration as provided for in Section 73.406 [of this
231	240		code].
232	241		(d) Any lease [and/or sublease] and operating agreement or
233	242		sublease and operating agreement shall provide that The University
234	243		of Texas System shall cause the Harris County Psychiatric Center to
235	244		be operated in accordance with the standards for accreditation of
236	245		The [the] Joint Commission [on Accreditation of Hospitals]; that
237	246		all financial transactions and performance programs may be
238	247		appropriately audited; that an admission, discharge, and transfer
239	248		coordination policy be established; that appropriate patient data
240	249		be made available to the Health and Human Services Commission, the
241	250		Harris Center for Mental Health and IDD [department, MHMRA], and
242	251		the county, including but not limited to diagnosis and lengths of
243	252		stay; and that a priority of patient treatment policy be
244	253		established.
245	254		SECTION 12. Section 73.406, Education Code, is amended to
246	255		read as follows:
247	256		Sec. 73.406. REVENUES. That portion of any revenues
248	257		related to the provision of patient services through the operation
249	258		of the Harris County Psychiatric Center facilities that are leased
250	259		or [and/or] subleased by and to The University of Texas System shall
251	260		be accounted for and expended in accordance with the rules,
252	261		regulations, and bylaws of The University of Texas System and in
253	262		such manner that such revenues will reduce appropriated and funded
254	263		requirements by both the state and county or the Harris Center for
255	264		Mental Health and IDD [MHMRA] on a prorated basis, all as may be
256	265		provided for in a lease [and/or sublease] and operating agreement
257	266		or sublease and operating agreement.
258	267		SECTION 13. Section 73.501, Education Code, is amended to
259	268		read as follows:
260	269		Sec. 73.501. TRANSFER AND LEASE OF FACILITIES. (a) The
261	270		governance, operation, management, and control of the Texas
262	271		Research Institute of Mental Sciences [created by Chapter 427, Acts
263	272		of the 55th Legislature, Regular Session, 1957, as amended (Article
264	273		3174b-4, Vernon's Texas Civil Statutes),] and all land, buildings,
265	274		improvements thereon, and major fixed equipment comprising said
266	275		institute shall be leased from the Health and Human Services
267	276		Commission or a former state agency that provided services to
268	277		persons with mental illness, persons with intellectual
269	278		disabilities, and persons with developmental disabilities [Texas
270	279		Department of Mental Health and Mental Retardation] and transferred
271	280		to the board of regents of The University of Texas System for $1 a
272	281		year and shall be subject to the provisions of [Subdivision (9) of
273	282		Subsection (a) of] Section 65.02(a)(9) [65.02 of the Education
274	283		Code].
275	284		(b) All land, buildings, and improvements thereon and major
276	285		fixed equipment comprising said institute leased by The University
277	286		of Texas System shall be utilized only for purposes of patient care
278	287		services, research, and education related to mental health,
279	288		intellectual disability, and developmental disability [mental
280	289		retardation]. The Health and Human Services Commission or a former
281	290		state agency that provided services to persons with mental illness,
282	291		persons with intellectual disabilities, and persons with
283	292		developmental disabilities [Texas Department of Mental Health and
284	293		Mental Retardation] may sell or otherwise dispose of the land,
285	294		buildings, improvements thereon, or major fixed equipment provided
286	295		that the proceeds from the sale or other disposition shall be used
287	296		for the same purposes in Harris County; and further provided, that
288	297		the board of regents of The University of Texas System, prior to
289	298		such sale or other disposition, has approved of such sale or
290	299		disposition and the allocation of proceeds.
291	300		SECTION 14. Section 73.502, Education Code, is amended to
292	301		read as follows:
293	302		Sec. 73.502. TRANSFER OF GIFTS, GRANTS, UNEXPENDED
294	303		BALANCES, CONTRACTS, AND OBLIGATIONS. Any gifts, grants,
295	304		unexpended balances of appropriated or unappropriated funds, and
296	305		all movable equipment that was held by a former state agency that
297	306		provided services to persons with mental illness, persons with
298	307		intellectual disabilities, and persons with developmental
299	308		disabilities or that was transferred to the Health and Human
300	309		Services Commission on dissolution of that former agency and was
301	310		held [the Texas Department of Mental Health and Mental Retardation]
302	311		for, on behalf of, or for the use and benefit of the Texas Research
303	312		Institute of Mental Sciences are hereby transferred to The
304	313		University of Texas System; provided, however, that all previously
305	314		appropriated funds for statewide training of [department]
306	315		personnel and program evaluation by the institute shall be retained
307	316		by the Health and Human Services Commission [department]. All
308	317		contracts and written obligations of every kind and character
309	318		entered into by a former state agency that provided services to
310	319		persons with mental illness, persons with intellectual
311	320		disabilities, and persons with developmental disabilities [the
312	321		Texas Department of Mental Health and Mental Retardation] for and
313	322		on behalf of the Texas Research Institute of Mental Sciences are
314	323		ratified, confirmed, and validated, and in all such contracts and
315	324		written obligations, the board of regents of The University of
316	325		Texas System is substituted in lieu and shall stand and act in place
317	326		and stead of the former state agency that provided services to
318	327		persons with mental illness, persons with intellectual
319	328		disabilities, and persons with developmental disabilities [Texas
320	329		Department of Mental Health and Mental Retardation]; provided,
321	330		however, that an advisory committee shall be established with
322	331		regard to research protocols and the executive commissioner of the
323	332		Health and Human Services Commission [department] shall be a
324	333		member; provided further, that The University of Texas System may
325	334		contract with the Department of State Health Services [department]
326	335		for continued extramural and other laboratory consultative
327	336		services. The Health and Human Services Commission [Texas
328	337		Department of Mental Health and Mental Retardation], Harris County,
329	338		and the [Mental Health and Mental Retardation Authority of] Harris
330	339		Center for Mental Health and IDD [County] shall provide for the
331	340		continuity of inpatient and outpatient care of the patients and
332	341		programs operated at the Texas Research Institute of Mental
333	342		Sciences and may contract for the provision of such services in
334	343		accordance with the provisions of and appropriations provided in
335	344		the General Appropriations Act.
336	345		SECTION 15. Sections 73.503(a) and (h), Education Code, are
337	346		amended to read as follows:
338	347		(a) Present institute personnel shall be allowed to apply
339	348		for employment with The University of Texas System, Harris County,
340	349		or the Harris Center for Mental Health and IDD [Mental Health and
341	350		Mental Retardation Authority of Harris County] and be given
342	351		priority consideration for such employment.
343	352		(h) The Employees Retirement System, the Health and Human
344	353		Services Commission [Texas Department of Mental Health and Mental
345	354		Retardation], and The University of Texas System shall provide the
346	355		Teacher Retirement System with information necessary to establish
347	356		employees' rights to credit under this section. The Employees
348	357		Retirement System and the Teacher Retirement System shall establish
349	358		procedures to prevent duplication of retirement credit for the same
350	359		service.
351	360		SECTION 16. This Act takes effect September 1, 2019.
352		-	______________________________ ______________________________
353		-	President of the Senate Speaker of the House
354		-	I certify that H.B. No. 965 was passed by the House on April
355		-	12, 2019, by the following vote: Yeas 143, Nays 0, 2 present, not
356		-	voting; and that the House concurred in Senate amendments to H.B.
357		-	No. 965 on May 24, 2019, by the following vote: Yeas 134, Nays 6, 2
358		-	present, not voting.
359		-	______________________________
360		-	Chief Clerk of the House
361		-	I certify that H.B. No. 965 was passed by the Senate, with
362		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
363		-	0.
364		-	______________________________
365		-	Secretary of the Senate
366		-	APPROVED: __________________
367		-	Date
368		-	__________________
369		-	Governor
	361	+	* * * * *