| 1 | 1 | | 87R9419 BDP-D |
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| 2 | 2 | | By: Beckley H.B. No. 3657 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to measures designed to encourage and enable certain |
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| 8 | 8 | | persons with disabilities and their families to maintain employment |
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| 9 | 9 | | in this state. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 29.0112(b), Education Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (b) The transition and employment guide must be written in |
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| 14 | 14 | | plain language and contain information specific to this state |
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| 15 | 15 | | regarding: |
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| 16 | 16 | | (1) transition services; |
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| 17 | 17 | | (2) employment and supported employment services; |
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| 18 | 18 | | (3) social security programs, including the Ticket to |
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| 19 | 19 | | Work Program authorized by the Ticket to Work and Work Incentives |
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| 20 | 20 | | Improvement Act of 1999 (Pub. L. No. 106-170); |
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| 21 | 21 | | (4) community and long-term services and support, |
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| 22 | 22 | | including the option to place the student on a waiting list with a |
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| 23 | 23 | | governmental agency for public benefits available to the student, |
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| 24 | 24 | | such as a waiver program established under Section 1915(c), Social |
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| 25 | 25 | | Security Act (42 U.S.C. Section 1396n(c)); |
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| 26 | 26 | | (5) postsecondary educational programs and services, |
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| 27 | 27 | | including the inventory maintained by the Texas Higher Education |
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| 28 | 28 | | Coordinating Board under Section 61.0663; |
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| 29 | 29 | | (6) information sharing with health and human services |
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| 30 | 30 | | agencies and providers; |
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| 31 | 31 | | (7) guardianship and alternatives to guardianship, |
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| 32 | 32 | | including a supported decision-making agreement under Chapter |
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| 33 | 33 | | 1357, Estates Code; |
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| 34 | 34 | | (8) self-advocacy, person-directed planning, and |
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| 35 | 35 | | self-determination; [and] |
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| 36 | 36 | | (9) contact information for all relevant state |
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| 37 | 37 | | agencies; |
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| 38 | 38 | | (10) the Medicaid buy-in programs implemented under |
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| 39 | 39 | | Section 531.02444, Government Code; and |
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| 40 | 40 | | (11) other available work incentive programs. |
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| 41 | 41 | | SECTION 2. Section 531.02444, Government Code, is amended |
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| 42 | 42 | | by amending Subsections (a) and (b) and adding Subsection (d) to |
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| 43 | 43 | | read as follows: |
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| 44 | 44 | | (a) The executive commissioner shall develop and implement: |
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| 45 | 45 | | (1) a Medicaid buy-in program for persons with |
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| 46 | 46 | | disabilities whose household incomes do not exceed 300 percent of |
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| 47 | 47 | | the applicable federal poverty level as authorized by the Ticket to |
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| 48 | 48 | | Work and Work Incentives Improvement Act of 1999 (Pub. L. |
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| 49 | 49 | | No. 106-170) or the Balanced Budget Act of 1997 (Pub. L. |
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| 50 | 50 | | No. 105-33); and |
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| 51 | 51 | | (2) as authorized by the Deficit Reduction Act of 2005 |
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| 52 | 52 | | (Pub. L. No. 109-171), a Medicaid buy-in program for children with |
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| 53 | 53 | | disabilities [that is] described by 42 U.S.C. Section 1396a(cc)(1) |
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| 54 | 54 | | whose family incomes do not exceed 300 percent of the applicable |
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| 55 | 55 | | federal poverty level. |
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| 56 | 56 | | (b) Subject to Subsection (c), the [The] executive |
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| 57 | 57 | | commissioner shall adopt rules in accordance with federal law that |
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| 58 | 58 | | provide for: |
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| 59 | 59 | | (1) eligibility requirements for each program |
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| 60 | 60 | | described by Subsection (a); and |
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| 61 | 61 | | (2) requirements for participants in the program to |
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| 62 | 62 | | pay premiums or cost-sharing payments, subject to Subsection (c). |
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| 63 | 63 | | (d) In adopting rules under Subsection (b), the executive |
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| 64 | 64 | | commissioner may not: |
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| 65 | 65 | | (1) set a household or family income limit for |
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| 66 | 66 | | eligibility for a program described by Subsection (a)(1) or (2) |
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| 67 | 67 | | that is less than the maximum amount prescribed by Subsection (a) |
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| 68 | 68 | | for the program; or |
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| 69 | 69 | | (2) impose resource limits for eligibility for either |
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| 70 | 70 | | program. |
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| 71 | 71 | | SECTION 3. If before implementing any provision of this Act |
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| 72 | 72 | | a state agency determines that a waiver or authorization from a |
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| 73 | 73 | | federal agency is necessary for implementation of that provision, |
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| 74 | 74 | | the agency affected by the provision shall request the waiver or |
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| 75 | 75 | | authorization and may delay implementing that provision until the |
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| 76 | 76 | | waiver or authorization is granted. |
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| 77 | 77 | | SECTION 4. This Act takes effect September 1, 2021. |
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