By: Kolkhorst S.B. No. 944
(In the Senate - Filed February 15, 2023; March 3, 2023,
read first time and referred to Committee on Health & Human
Services; March 27, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
March 27, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 944 By: Hancock
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. The heading to Section 593.013, Health and
Safety Code, is amended to read as follows:
Sec. 593.013. [REQUIREMENT OF] INTERDISCIPLINARY TEAM
RECOMMENDATION.
SECTION 2. Section 593.013(a), Health and Safety Code, is
amended to read as follows:
(a) Except as provided by Section 593.0511, a [A] person may
not be admitted or committed to a residential care facility unless
an interdisciplinary team recommends that placement.
SECTION 3. Section 593.041(d), Health and Safety Code, is
amended to read as follows:
(d) Except as provided by Section 593.0511, a [A] person may
not be committed to the department for placement in a residential
care facility under this subchapter unless a report by an
interdisciplinary team recommending the placement has been
completed during the six months preceding the date of the court
hearing on the application. If the report and recommendations have
not been completed or revised during that period, the court shall
order the report and recommendations on receiving the application.
SECTION 4. Section 593.050(d), Health and Safety Code, is
amended to read as follows:
(d) The Texas Rules of Evidence apply. The results of the
determination of an intellectual disability and the current
interdisciplinary team report and recommendations, except in the
case of a long-term placement under Section 593.0511, shall be
presented in evidence.
SECTION 5. Subchapter C, Chapter 593, Health and Safety
Code, is amended by adding Section 593.0511 to read as follows:
Sec. 593.0511. LONG-TERM PLACEMENT WITHOUT
INTERDISCIPLINARY TEAM RECOMMENDATION. A court may commit a
proposed patient to long-term placement in a residential care
facility without an interdisciplinary team recommendation under
Section 593.013 if the court determines beyond a reasonable doubt
that the placement is appropriate.
SECTION 6. 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) a petition to the court to issue a commitment order
by the guardian of the proposed resident or, if the proposed
resident is a minor, the parent of the proposed resident or the
current interdisciplinary team report and recommendations, if
applicable, show [evidence is presented showing] that because of
the proposed resident's intellectual disability, the proposed
resident:
(A) represents a substantial risk of physical
impairment or injury to the proposed resident or others; or
(B) is unable to provide for and is not providing
for the proposed resident's most basic personal physical needs;
(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 7. This Act takes effect September 1, 2023.
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