89R9458 MPF-D
By: Blanco S.B. No. 1966
A BILL TO BE ENTITLED
AN ACT
relating to the provision of information regarding centers for
independent living for certain persons with an intellectual or
developmental disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0033 to read as follows:
Sec. 29.0033. INTELLECTUAL OR DEVELOPMENTAL DISABILITY
CARE INFORMATION. (a) In this section, "center for independent
living" has the meaning assigned by Section 702 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Section 796a).
(b) Each school district and open-enrollment charter school
shall provide informational materials on centers for independent
living to a parent or legal guardian whose child:
(1) receives special education services under this
subchapter; or
(2) is covered by Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Section 794).
(c) The Health and Human Services Commission, in
collaboration with the agency, shall develop and provide the agency
the informational materials required to be provided to parents or
legal guardians under Subsection (b). The materials must include:
(1) a description of the health care and other
services available to persons with an intellectual or developmental
disability through a center for independent living; and
(2) the contact information for centers of independent
living in this state.
(d) The agency shall make the materials developed under this
section available to school districts and open-enrollment charter
schools.
SECTION 2. Section 161.501(a), Health and Safety Code, is
amended to read as follows:
(a) A hospital, birthing center, physician, nurse midwife,
or midwife who provides prenatal care to a pregnant woman during
gestation or at delivery of an infant shall:
(1) provide the woman and the father of the infant, if
possible, or another adult caregiver for the infant, with a
resource pamphlet that includes:
(A) a list of the names, addresses, and phone
numbers of professional organizations that provide postpartum
counseling and assistance to parents relating to postpartum
depression and other emotional trauma associated with pregnancy and
parenting;
(B) information regarding the prevention of
shaken baby syndrome including:
(i) techniques for coping with anger caused
by a crying baby;
(ii) different methods for preventing a
person from shaking a newborn, infant, or other young child;
(iii) the dangerous effects of shaking a
newborn, infant, or other young child; and
(iv) the symptoms of shaken baby syndrome
and who to contact, as recommended by the American Academy of
Pediatrics, if a parent suspects or knows that a baby has been
shaken in order to receive prompt medical treatment;
(C) a list of diseases for which a child is
required by state law to be immunized and the appropriate schedule
for the administration of those immunizations;
(D) the appropriate schedule for follow-up
procedures for newborn screening;
(E) information regarding sudden infant death
syndrome, including current recommendations for infant sleeping
conditions to lower the risk of sudden infant death syndrome;
(F) educational information in both English and
Spanish on:
(i) pertussis disease and the availability
of a vaccine to protect against pertussis, including information on
the Centers for Disease Control and Prevention recommendation that
parents receive Tdap during the postpartum period to protect
newborns from the transmission of pertussis; and
(ii) the incidence of cytomegalovirus,
birth defects caused by congenital cytomegalovirus, and available
resources for the family of an infant born with congenital
cytomegalovirus; and
(G) the danger of heatstroke for a child left
unattended in a motor vehicle;
(2) if the woman is a recipient of medical assistance
under Chapter 32, Human Resources Code, provide the woman and the
father of the infant, if possible, or another adult caregiver with a
resource guide that includes information in both English and
Spanish relating to the development, health, and safety of a child
from birth until age five, including information relating to:
(A) selecting and interacting with a primary
health care practitioner and establishing a "medical home" for the
child;
(B) dental care;
(C) effective parenting;
(D) child safety;
(E) the importance of reading to a child;
(F) expected developmental milestones;
(G) health care resources available in the state;
(H) selecting appropriate child care; and
(I) other resources available in the state;
(3) if the infant is born with an intellectual or
developmental disability, provide the woman and the father of the
infant, if possible, or another adult caregiver of the infant with a
resource guide on centers for independent living as defined by
Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
Section 796a) and the services provided by the centers for a child
with an intellectual or developmental disability;
(4) document in the woman's record that the woman
received the resource pamphlet described in Subdivision (1) and the
resource guide described in Subdivision (2) or (3), if applicable;
and
(5) [(4)] retain the documentation for at least five
years in the hospital's, birthing center's, physician's, nurse
midwife's, or midwife's records.
SECTION 3. Subtitle E, Title 7, Health and Safety Code, is
amended by adding Chapter 616 to read as follows:
CHAPTER 616. INTELLECTUAL OR DEVELOPMENTAL DISABILITY CARE
INFORMATION
Sec. 616.001. DEFINITION. In this section, "center for
independent living" has the meaning assigned by Section 702 of the
federal Rehabilitation Act of 1973 (29 U.S.C. Section 796a).
Sec. 616.002. PROVISION OF INFORMATION TO PERSON DIAGNOSED
WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITY. (a) A health care
provider who diagnoses an individual with an intellectual or
developmental disability shall provide the individual and, if
appropriate, the individual's parent, managing conservator,
guardian, or caregiver informational materials on centers for
independent living described by Subsection (b).
(b) The Health and Human Services Commission shall develop
informational materials regarding centers for independent living
and post the materials on the commission's Internet website. The
informational materials must include:
(1) a description of the health care and other
services available to persons with an intellectual or developmental
disability through a center for independent living; and
(2) the contact information for centers of independent
living in this state.
SECTION 4. (a) Not later than December 1, 2025, the Health
and Human Services Commission shall develop and make available the
informational materials required by Section 29.0033, Education
Code, as added by this Act, and Section 616.002, Health and Safety
Code, as added by this Act.
(b) Notwithstanding Section 29.0033, Education Code, as
added by this Act, or Section 616.002, Health and Safety Code, as
added by this Act, a school district, open-enrollment charter
school, or health care provider is not required to comply with those
provisions until January 1, 2026.
SECTION 5. (a) Not later than December 1, 2025, the
Department of State Health Services shall develop the resource
guide on centers for independent living required to be provided
under Section 161.501(a), Health and Safety Code, as amended by
this Act.
(b) Notwithstanding the change in law made by this Act to
Section 161.501(a), Health and Safety Code, a hospital, birthing
center, physician, nurse midwife, or midwife who provides prenatal
care to a pregnant woman during gestation or delivery of an infant
is not required to provide the resource guide on centers for
independent living until January 1, 2026.
SECTION 6. This Act takes effect September 1, 2025.