Texas 2019 - 86th Regular

Texas Senate Bill SB896 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Zaffirini S.B. No. 896
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to updating references to certain former health services
7	7	state agencies and certain terms used to describe persons with
8	8	intellectual or developmental disabilities in the Education Code.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 25.041, Education Code, is amended to
11	11	read as follows:
12	12	Sec. 25.041. TRANSFER OF CHILDREN OR WARDS OF EMPLOYEES OF
13	13	STATE SUPPORTED LIVING CENTERS [SCHOOLS]. A school-age child or
14	14	ward of an employee of a state supported living center [school] for
15	15	persons with intellectual disabilities [the mentally retarded]
16	16	constituted as a school district who resides in the boundaries of
17	17	center [the state school] property but who is not a student at the
18	18	center [state school] is entitled to attend school in a district
19	19	adjacent to the center [state school] free of any charge to the
20	20	child's or ward's parent or guardian provided the parent or guardian
21	21	is required by the superintendent of the center [state school] to
22	22	live on the grounds of the center [state school] for the convenience
23	23	of this state. A tuition charge required by the admitting district
24	24	shall be paid by the district constituting the state supported
25	25	living center [school] out of funds allotted to it by the agency.
26	26	SECTION 2. Section 29.003(b), Education Code, is amended to
27	27	read as follows:
28	28	(b) A student is eligible to participate in a school
29	29	district's special education program if the student:
30	30	(1) is not more than 21 years of age and has a visual or
31	31	auditory impairment that prevents the student from being adequately
32	32	or safely educated in public school without the provision of
33	33	special services; or
34	34	(2) is at least three but not more than 21 years of age
35	35	and has one or more of the following disabilities that prevents the
36	36	student from being adequately or safely educated in public school
37	37	without the provision of special services:
38	38	(A) physical disability;
39	39	(B) intellectual or developmental disability
40	40	[mental retardation];
41	41	(C) emotional disturbance;
42	42	(D) learning disability;
43	43	(E) autism;
44	44	(F) speech disability; or
45	45	(G) traumatic brain injury.
46	46	SECTION 3. Section 29.012(d), Education Code, is amended to
47	47	read as follows:
48	48	(d) The Texas Education Agency, the Health and Human
49	49	Services Commission and the Department of Family and Protective
50	50	Services [the Texas Department of Mental Health and Mental
51	51	Retardation, the Texas Department of Human Services, the Texas
52	52	Department of Health, the Department of Protective and Regulatory
53	53	Services, the Interagency Council on Early Childhood Intervention,
54	54	the Texas Commission on Alcohol and Drug Abuse], and the Texas
55	55	Juvenile Justice Department by a cooperative effort shall develop
56	56	and by rule adopt a memorandum of understanding. The memorandum
57	57	must:
58	58	(1) establish the respective responsibilities of
59	59	school districts and of residential facilities for the provision of
60	60	a free, appropriate public education, as required by the
61	61	Individuals with Disabilities Education Act (20 U.S.C. Section 1400
62	62	et seq.) and its subsequent amendments, including each requirement
63	63	for children with disabilities who reside in those facilities;
64	64	(2) coordinate regulatory and planning functions of
65	65	the parties to the memorandum;
66	66	(3) establish criteria for determining when a public
67	67	school will provide educational services;
68	68	(4) provide for appropriate educational space when
69	69	education services will be provided at the residential facility;
70	70	(5) establish measures designed to ensure the safety
71	71	of students and teachers; and
72	72	(6) provide for binding arbitration consistent with
73	73	Chapter 2009, Government Code, and Section 154.027, Civil Practice
74	74	and Remedies Code.
75	75	SECTION 4. Section 29.456(b), Education Code, is amended to
76	76	read as follows:
77	77	(b) If the commissioner of education and the executive
78	78	commissioner of the Health and Human Services Commission [the
79	79	Department of Aging and Disability Services] are unable to bring
80	80	the school district and forensic state supported living center to
81	81	agreement, the commissioners shall jointly submit a written request
82	82	to the attorney general to appoint a neutral third party
83	83	knowledgeable in special education and intellectual and
84	84	developmental disability [mental retardation] issues to resolve
85	85	each issue on which the district and the center disagree. The
86	86	decision of the neutral third party is final and may not be
87	87	appealed. The district and the center shall implement the decision
88	88	of the neutral third party. The commissioner of education or the
89	89	executive commissioner of the Health and Human Services Commission
90	90	[Department of Aging and Disability Services] shall ensure that the
91	91	district and the center implement the decision of the neutral third
92	92	party.
93	93	SECTION 5. Section 29.457(b), Education Code, is amended to
94	94	read as follows:
95	95	(b) Not later than December 1 of each year, a school
96	96	district that receives an allotment under this section shall submit
97	97	a report accounting for the expenditure of funds received under
98	98	this section to the governor, the lieutenant governor, the speaker
99	99	of the house of representatives, the chairs of the standing
100	100	committees of the senate and house of representatives with primary
101	101	jurisdiction regarding persons with intellectual and developmental
102	102	disabilities [mental retardation] and public education, and each
103	103	member of the legislature whose district contains any portion of
104	104	the territory included in the school.
105	105	SECTION 6. Section 30.0015(b), Education Code, is amended
106	106	to read as follows:
107	107	(b) The agency by rule shall develop and annually
108	108	disseminate standards for a school district's transfer of an
109	109	assistive technology device to an entity listed in this subsection
110	110	when a student with a disability using the device changes the school
111	111	of attendance in the district or ceases to attend school in the
112	112	district that purchased the device and the student's parents, or
113	113	the student if the student has the legal capacity to enter into a
114	114	contract, agrees to the transfer. The device may be transferred to:
115	115	(1) the school or school district in which the student
116	116	enrolls;
117	117	(2) a state agency, including the Health and Human
118	118	Services Commission [Texas Rehabilitation Commission and the Texas
119	119	Department of Mental Health and Mental Retardation], that provides
120	120	services to the student following the student's graduation from
121	121	high school; or
122	122	(3) the student's parents, or the student if the
123	123	student has the legal capacity to enter into a contract.
124	124	SECTION 7. Section 52.40(a), Education Code, is amended to
125	125	read as follows:
126	126	(a) The board may cancel the repayment of a loan received by
127	127	a student who earns a doctorate of psychology degree and who, prior
128	128	to the date on which repayment of the loan is to commence, is
129	129	employed by [the Department of Aging and Disability Services,] the
130	130	Department of State Health Services, or the Health and Human
131	131	Services Commission and performs duties formerly performed by
132	132	employees of the Texas Department of Human Services [or Texas
133	133	Department of Mental Health and Mental Retardation], the Texas
134	134	Juvenile Justice Department, [or] the Texas Department of Criminal
135	135	Justice, or any other former state agency that provided services to
136	136	persons with mental illness, persons with intellectual
137	137	disabilities, or persons with developmental disabilities.
138	138	SECTION 8. Section 73.401, Education Code, is amended to
139	139	read as follows:
140	140	Sec. 73.401. ESTABLISHMENT. The Harris County Psychiatric
141	141	Center has been developed and built by Harris County, Texas, and a
142	142	former state agency that provided services to persons with mental
143	143	illness, persons with intellectual disabilities, and persons with
144	144	developmental disabilities [the Texas Department of Mental Health
145	145	and Mental Retardation]. The facilities of the Harris County
146	146	Psychiatric Center to be operated by The University of Texas System
147	147	shall be operated consistent with the rules and regulations of the
148	148	board of regents and with the provisions of this subchapter.
149	149	SECTION 9. Section 73.403, Education Code, is amended to
150	150	read as follows:
151	151	Sec. 73.403. OPERATION OF COMMITMENT CENTER. Harris
152	152	County, the Harris Center for Mental Health and IDD, or both of
153	153	those entities, [and/or the Mental Health and Mental Retardation
154	154	Authority (MHMRA) of Harris County] may operate on the premises of
155	155	the Harris County Psychiatric Center a commitment center, the
156	156	functions of which may include patient screening, intake, and
157	157	admissions (both voluntary and involuntary) to the Harris County
158	158	Psychiatric Center as may be provided for in a lease [and/or
159	159	sublease] and operating agreement or a sublease and operating
160	160	agreement as authorized under Section 73.405 [of this code]. The
161	161	functions of the Harris County Psychiatric Commitment Center
162	162	located on the premises of the Harris County Psychiatric Center
163	163	both in terms of operation and in terms of funding shall not be the
164	164	responsibility of the Health and Human Services Commission [Texas
165	165	Department of Mental Health and Mental Retardation] or The
166	166	University of Texas System. As may be provided for in a lease
167	167	[and/or sublease] and operating agreement or a sublease and
168	168	operating agreement, The University of Texas System may charge for
169	169	any support services provided by the Harris County Psychiatric
170	170	Center to the commitment center.
171	171	SECTION 10. Section 73.404, Education Code, is amended to
172	172	read as follows:
173	173	Sec. 73.404. FUNDING. (a) Funding for the state-supported
174	174	facilities and operations of the Harris County Psychiatric Center
175	175	shall be provided through legislative appropriations to the Health
176	176	and Human Services Commission [Texas Department of Mental Health
177	177	and Mental Retardation] and to The University of Texas System, and
178	178	any appropriations to the commission [department] for the Harris
179	179	County Psychiatric Center shall be transferred to The University of
180	180	Texas System in accordance with the General Appropriations Act and
181	181	the lease [and/or sublease] and operating agreement or sublease and
182	182	operating agreement provided for in Section 73.405 [of this code].
183	183	Legislative appropriations may be for any further construction at
184	184	the Harris County Psychiatric Center; for equipment, both fixed
185	185	and movable; for utilities, including data processing and
186	186	communications; for maintenance, repairs, renovations, and
187	187	additions; for any damage or destruction; and for operations of
188	188	the Harris County Psychiatric Center; provided, however, that as
189	189	to funding for Harris County Psychiatric Center operations,
190	190	legislative appropriations shall not exceed 85 percent of the total
191	191	operating costs of the entire Harris County Psychiatric Center,
192	192	exclusive of any costs of the commitment center.
193	193	(b) Any funding, under a lease [and/or sublease] and
194	194	operating agreement or sublease and operating agreement wherein The
195	195	University of Texas System is the lessee, for [the county-supported
196	196	and/or MHMRA-supported] facilities and operations of the Harris
197	197	County Psychiatric Center supported by the county or the Health and
198	198	Human Services Commission, which may be provided through county
199	199	appropriations, including funds made available by the Harris Center
200	200	for Mental Health and IDD [County Mental Health and Mental
201	201	Retardation Authority], or from gifts and grants, shall be
202	202	transferred in accordance with the lease [and/or sublease] and
203	203	operating agreement or sublease and operating agreement provided
204	204	for in Section 73.405 [of this code]. Such funds may be for any
205	205	further construction at the Harris County Psychiatric Center; for
206	206	equipment, both fixed and movable; for utilities, including data
207	207	processing and communications; for maintenance, repairs,
208	208	renovations, and additions; for any damage or destruction; and for
209	209	Harris County Psychiatric Center operations which latter funding
210	210	may be proportional to the total costs of The University of Texas
211	211	System operating the entire Harris County Psychiatric Center,
212	212	exclusive of any additional cost incurred by [of] Harris County or
213	213	the Health and Human Services Commission for [and/or MHMRA]
214	214	operating the commitment center, which costs shall remain the sole
215	215	responsibility of the entity or entities that incurred those costs
216	216	[Harris County and/or MHMRA].
217	217	SECTION 11. Sections 73.405(a) and (d), Education Code, are
218	218	amended to read as follows:
219	219	(a) The state-supported facilities of the Harris County
220	220	Psychiatric Center shall be leased to and operated and administered
221	221	by The University of Texas System in accordance with a lease and
222	222	operating agreement. The [county-supported and/or
223	223	MHMRA-supported] facilities supported by the county or the Harris
224	224	Center for Mental Health and IDD, exclusive of the commitment
225	225	center, may be leased or [and/or] subleased by The University of
226	226	Texas System in the same lease [and/or sublease] and operating
227	227	agreement or sublease and operating agreement. Any lease [and/or
228	228	sublease] and operating agreement or sublease and operating
229	229	agreement shall provide for a lease payment by The University of
230	230	Texas System of no more than $1 per year plus other good and
231	231	valuable consideration as provided for in Section 73.406 [of this
232	232	code].
233	233	(d) Any lease [and/or sublease] and operating agreement or
234	234	sublease and operating agreement shall provide that The University
235	235	of Texas System shall cause the Harris County Psychiatric Center to
236	236	be operated in accordance with the standards for accreditation of
237	237	The [the] Joint Commission [on Accreditation of Hospitals]; that
238	238	all financial transactions and performance programs may be
239	239	appropriately audited; that an admission, discharge, and transfer
240	240	coordination policy be established; that appropriate patient data
241	241	be made available to the Health and Human Services Commission, the
242	242	Harris Center for Mental Health and IDD [department, MHMRA], and
243	243	the county, including but not limited to diagnosis and lengths of
244	244	stay; and that a priority of patient treatment policy be
245	245	established.
246	246	SECTION 12. Section 73.406, Education Code, is amended to
247	247	read as follows:
248	248	Sec. 73.406. REVENUES. That portion of any revenues
249	249	related to the provision of patient services through the operation
250	250	of the Harris County Psychiatric Center facilities that are leased
251	251	or [and/or] subleased by and to The University of Texas System shall
252	252	be accounted for and expended in accordance with the rules,
253	253	regulations, and bylaws of The University of Texas System and in
254	254	such manner that such revenues will reduce appropriated and funded
255	255	requirements by both the state and county or the Harris Center for
256	256	Mental Health and IDD [MHMRA] on a prorated basis, all as may be
257	257	provided for in a lease [and/or sublease] and operating agreement
258	258	or sublease and operating agreement.
259	259	SECTION 13. Section 73.501, Education Code, is amended to
260	260	read as follows:
261	261	Sec. 73.501. TRANSFER AND LEASE OF FACILITIES. (a) The
262	262	governance, operation, management, and control of the Texas
263	263	Research Institute of Mental Sciences [created by Chapter 427, Acts
264	264	of the 55th Legislature, Regular Session, 1957, as amended (Article
265	265	3174b-4, Vernon's Texas Civil Statutes),] and all land, buildings,
266	266	improvements thereon, and major fixed equipment comprising said
267	267	institute shall be leased from the Health and Human Services
268	268	Commission or a former state agency that provided services to
269	269	persons with mental illness, persons with intellectual
270	270	disabilities, and persons with developmental disabilities [Texas
271	271	Department of Mental Health and Mental Retardation] and transferred
272	272	to the board of regents of The University of Texas System for $1 a
273	273	year and shall be subject to the provisions of [Subdivision (9) of
274	274	Subsection (a) of] Section 65.02(a)(9) [65.02 of the Education
275	275	Code].
276	276	(b) All land, buildings, and improvements thereon and major
277	277	fixed equipment comprising said institute leased by The University
278	278	of Texas System shall be utilized only for purposes of patient care
279	279	services, research, and education related to mental health,
280	280	intellectual disability, and developmental disability [mental
281	281	retardation]. The Health and Human Services Commission or a former
282	282	state agency that provided services to persons with mental illness,
283	283	persons with intellectual disabilities, and persons with
284	284	developmental disabilities [Texas Department of Mental Health and
285	285	Mental Retardation] may sell or otherwise dispose of the land,
286	286	buildings, improvements thereon, or major fixed equipment provided
287	287	that the proceeds from the sale or other disposition shall be used
288	288	for the same purposes in Harris County; and further provided, that
289	289	the board of regents of The University of Texas System, prior to
290	290	such sale or other disposition, has approved of such sale or
291	291	disposition and the allocation of proceeds.
292	292	SECTION 14. Section 73.502, Education Code, is amended to
293	293	read as follows:
294	294	Sec. 73.502. TRANSFER OF GIFTS, GRANTS, UNEXPENDED
295	295	BALANCES, CONTRACTS, AND OBLIGATIONS. Any gifts, grants,
296	296	unexpended balances of appropriated or unappropriated funds, and
297	297	all movable equipment that was held by a former state agency that
298	298	provided services to persons with mental illness, persons with
299	299	intellectual disabilities, and persons with developmental
300	300	disabilities or that was transferred to the Health and Human
301	301	Services Commission on dissolution of that former agency and was
302	302	held [the Texas Department of Mental Health and Mental Retardation]
303	303	for, on behalf of, or for the use and benefit of the Texas Research
304	304	Institute of Mental Sciences are hereby transferred to The
305	305	University of Texas System; provided, however, that all previously
306	306	appropriated funds for statewide training of [department]
307	307	personnel and program evaluation by the institute shall be retained
308	308	by the Health and Human Services Commission [department]. All
309	309	contracts and written obligations of every kind and character
310	310	entered into by a former state agency that provided services to
311	311	persons with mental illness, persons with intellectual
312	312	disabilities, and persons with developmental disabilities [the
313	313	Texas Department of Mental Health and Mental Retardation] for and
314	314	on behalf of the Texas Research Institute of Mental Sciences are
315	315	ratified, confirmed, and validated, and in all such contracts and
316	316	written obligations, the board of regents of The University of
317	317	Texas System is substituted in lieu and shall stand and act in place
318	318	and stead of the former state agency that provided services to
319	319	persons with mental illness, persons with intellectual
320	320	disabilities, and persons with developmental disabilities [Texas
321	321	Department of Mental Health and Mental Retardation]; provided,
322	322	however, that an advisory committee shall be established with
323	323	regard to research protocols and the executive commissioner of the
324	324	Health and Human Services Commission [department] shall be a
325	325	member; provided further, that The University of Texas System may
326	326	contract with the Department of State Health Services [department]
327	327	for continued extramural and other laboratory consultative
328	328	services. The Health and Human Services Commission [Texas
329	329	Department of Mental Health and Mental Retardation], Harris County,
330	330	and the [Mental Health and Mental Retardation Authority of] Harris
331	331	Center for Mental Health and IDD [County] shall provide for the
332	332	continuity of inpatient and outpatient care of the patients and
333	333	programs operated at the Texas Research Institute of Mental
334	334	Sciences and may contract for the provision of such services in
335	335	accordance with the provisions of and appropriations provided in
336	336	the General Appropriations Act.
337	337	SECTION 15. Sections 73.503(a) and (h), Education Code, are
338	338	amended to read as follows:
339	339	(a) Present institute personnel shall be allowed to apply
340	340	for employment with The University of Texas System, Harris County,
341	341	or the Harris Center for Mental Health and IDD [Mental Health and
342	342	Mental Retardation Authority of Harris County] and be given
343	343	priority consideration for such employment.
344	344	(h) The Employees Retirement System, the Health and Human
345	345	Services Commission [Texas Department of Mental Health and Mental
346	346	Retardation], and The University of Texas System shall provide the
347	347	Teacher Retirement System with information necessary to establish
348	348	employees' rights to credit under this section. The Employees
349	349	Retirement System and the Teacher Retirement System shall establish
350	350	procedures to prevent duplication of retirement credit for the same
351	351	service.
352	352	SECTION 16. This Act takes effect September 1, 2019.