88R6536 MPF-F
By: Kolkhorst S.B. No. 944
A BILL TO BE ENTITLED
AN ACT
relating to the commitment order for individuals with intellectual
disabilities who are committed to state supported living centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 593.052(a), Health and Safety Code, is
amended to read as follows:
(a) A proposed resident may not be committed to a
residential care facility unless:
(1) the proposed resident is a person with an
intellectual disability;
(2) either:
(A) evidence is presented showing that because of
the proposed resident's intellectual disability, the proposed
resident:
(i) [(A)] represents a substantial risk of
physical impairment or injury to the proposed resident or others;
or
(ii) [(B)] is unable to provide for and is
not providing for the proposed resident's most basic personal
physical needs; or
(B) the guardian of the proposed resident or, if
the proposed resident is a minor, the parent of the proposed
resident petitions the court to issue a commitment order;
(3) the proposed resident cannot be adequately and
appropriately habilitated in an available, less restrictive
setting; and
(4) the residential care facility provides
habilitative services, care, training, and treatment appropriate
to the proposed resident's needs.
SECTION 2. This Act takes effect September 1, 2023.