Texas 2023 - 88th Regular

Texas Senate Bill SB944 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 944
2	2
3	3
4	4	AN ACT
5	5	relating to the commitment order for individuals with intellectual
6	6	disabilities who are committed to state supported living centers.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. The heading to Section 593.013, Health and
9	9	Safety Code, is amended to read as follows:
10	10	Sec. 593.013. [REQUIREMENT OF] INTERDISCIPLINARY TEAM
11	11	RECOMMENDATION.
12	12	SECTION 2. Section 593.013(a), Health and Safety Code, is
13	13	amended to read as follows:
14	14	(a) Except as provided by Section 593.0511, a [A] person may
15	15	not be admitted or committed to a residential care facility unless
16	16	an interdisciplinary team recommends that placement.
17	17	SECTION 3. Section 593.041(d), Health and Safety Code, is
18	18	amended to read as follows:
19	19	(d) Except as provided by Section 593.0511, a [A] person may
20	20	not be committed to the department for placement in a residential
21	21	care facility under this subchapter unless a report by an
22	22	interdisciplinary team recommending the placement has been
23	23	completed during the six months preceding the date of the court
24	24	hearing on the application. If the report and recommendations have
25	25	not been completed or revised during that period, the court shall
26	26	order the report and recommendations on receiving the application.
27	27	SECTION 4. Section 593.050(d), Health and Safety Code, is
28	28	amended to read as follows:
29	29	(d) The Texas Rules of Evidence apply. The results of the
30	30	determination of an intellectual disability and the current
31	31	interdisciplinary team report and recommendations, except in the
32	32	case of a long-term placement under Section 593.0511, shall be
33	33	presented in evidence.
34	34	SECTION 5. Subchapter C, Chapter 593, Health and Safety
35	35	Code, is amended by adding Section 593.0511 to read as follows:
36	36	Sec. 593.0511. LONG-TERM PLACEMENT WITHOUT
37	37	INTERDISCIPLINARY TEAM RECOMMENDATION. A court may commit a
38	38	proposed resident to long-term placement in a residential care
39	39	facility without an interdisciplinary team recommendation under
40	40	Section 593.013 if the court determines beyond a reasonable doubt
41	41	that the proposed resident meets the requirements for commitment to
42	42	a residential care facility under Section 593.052.
43	43	SECTION 6. Section 593.052(a), Health and Safety Code, is
44	44	amended to read as follows:
45	45	(a) A proposed resident may not be committed to a
46	46	residential care facility unless:
47	47	(1) the proposed resident is a person with an
48	48	intellectual disability;
49	49	(2) a petition to the court to issue a commitment order
50	50	by the guardian of the proposed resident or, if the proposed
51	51	resident is a minor, the parent of the proposed resident or the
52	52	current interdisciplinary team report and recommendations, if
53	53	applicable, show [evidence is presented showing] that because of
54	54	the proposed resident's intellectual disability, the proposed
55	55	resident:
56	56	(A) represents a substantial risk of physical
57	57	impairment or injury to the proposed resident or others; or
58	58	(B) is unable to provide for and is not providing
59	59	for the proposed resident's most basic personal physical needs;
60	60	(3) the proposed resident cannot be adequately and
61	61	appropriately habilitated in an available, less restrictive
62	62	setting; and
63	63	(4) the residential care facility provides
64	64	habilitative services, care, training, and treatment appropriate
65	65	to the proposed resident's needs.
66	66	SECTION 7. This Act takes effect September 1, 2023.
67	67	______________________________ ______________________________
68	68	President of the Senate Speaker of the House
69	69	I hereby certify that S.B. No. 944 passed the Senate on
70	70	April 3, 2023, by the following vote: Yeas 30, Nays 1; and that
71	71	the Senate concurred in House amendment on May 19, 2023, by the
72	72	following vote: Yeas 31, Nays 0.
73	73	______________________________
74	74	Secretary of the Senate
75	75	I hereby certify that S.B. No. 944 passed the House, with
76	76	amendment, on May 16, 2023, by the following vote: Yeas 134,
77	77	Nays 8, one present not voting.
78	78	______________________________
79	79	Chief Clerk of the House
80	80	Approved:
81	81	______________________________
82	82	Date
83	83	______________________________
84	84	Governor