S.B. No. 643

	AN ACT
	relating to the protection and care of individuals with mental
	retardation and to certain legal protections for individuals with
	disabilities; providing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 38.072, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 38.072.  HEARSAY STATEMENT OF CERTAIN [CHILD] ABUSE
	VICTIMS [VICTIM]
	Sec. 1.  This article applies to a proceeding in the
	prosecution of an offense under any of the following provisions of
	the Penal Code, if committed against a child 12 years of age or
	younger or a person with a disability:
	(1)  Chapter 21 (Sexual Offenses) or 22 (Assaultive
	Offenses);
	(2)  Section 25.02 (Prohibited Sexual Conduct); or
	(3)  Section 43.25 (Sexual Performance by a Child).
	Sec. 2.  (a)  This article applies only to statements that
	describe the alleged offense that:
	(1)  were made by the child or person with a disability
	against whom the offense was allegedly committed; and
	(2)  were made to the first person, 18 years of age or
	older, other than the defendant, to whom the child or person with a
	disability made a statement about the offense.
	(b)  A statement that meets the requirements of Subsection
	(a) [of this article] is not inadmissible because of the hearsay
	rule if:
	(1)  on or before the 14th day before the date the
	proceeding begins, the party intending to offer the statement:
	(A)  notifies the adverse party of its intention
	to do so;
	(B)  provides the adverse party with the name of
	the witness through whom it intends to offer the statement; and
	(C)  provides the adverse party with a written
	summary of the statement;
	(2)  the trial court finds, in a hearing conducted
	outside the presence of the jury, that the statement is reliable
	based on the time, content, and circumstances of the statement; and
	(3)  the child or person with a disability testifies or
	is available to testify at the proceeding in court or in any other
	manner provided by law.
	Sec. 3.  In this article, "person with a disability" means a
	person 13 years of age or older who because of age or physical or
	mental disease, disability, or injury is substantially unable to
	protect the person's self from harm or to provide food, shelter, or
	medical care for the person's self.
	SECTION 2.  Chapter 29, Education Code, is amended by adding
	Subchapter L to read as follows:
	SUBCHAPTER L. SCHOOL DISTRICT PROGRAM FOR RESIDENTS OF FORENSIC
	STATE SUPPORTED LIVING CENTER
	Sec. 29.451.  DEFINITIONS. In this subchapter, "alleged
	offender resident," "interdisciplinary team," and "state supported
	living center" have the meanings assigned by Section 555.001,
	Health and Safety Code.
	Sec. 29.452.  APPLICABILITY. This subchapter applies only
	to an alleged offender resident of the forensic state supported
	living center established under Section 555.002, Health and Safety
	Code.
	Sec. 29.453.  SCHOOL DISTRICT SERVICES. (a)  A school
	district shall provide educational services, including services
	required under Subchapter A, to each alleged offender resident who
	is under 22 years of age and otherwise eligible under Section 25.001
	to attend school in the district.  The district shall provide
	educational services to each alleged offender resident who is 21
	years of age on September 1 of the school year and otherwise
	eligible to attend school in the district until the earlier of:
	(1)  the end of that school year; or
	(2)  the student's graduation from high school.
	(b)  The educational placement of an alleged offender
	resident and the educational services to be provided by a school
	district to the resident shall be determined by the resident's
	admission, review, and dismissal committee consistent with federal
	law and regulations regarding the placement of students with
	disabilities in the least restrictive environment. The resident's
	admission, review, and dismissal committee shall:
	(1)  inform the resident's interdisciplinary team of a
	determination the committee makes in accordance with this
	subsection; and
	(2)  consult, to the extent practicable, with the
	resident's interdisciplinary team concerning such a determination.
	Sec. 29.454.  BEHAVIOR MANAGEMENT; BEHAVIOR SUPPORT
	SPECIALISTS. (a)  The discipline of an alleged offender resident
	by a school district is subject to Sections 37.0021 and 37.004 and
	to federal law governing the discipline of students with
	disabilities.
	(b)  A school district in which alleged offender residents
	are enrolled shall employ one or more behavior support specialists
	to serve the residents while at school. A behavior support
	specialist must:
	(1)  hold a baccalaureate degree;
	(2)  have training in providing to students positive
	behavioral support and intervention, as determined by the
	commissioner of education; and
	(3)  meet any other requirement jointly determined by
	the commissioner of education and the commissioner of the
	Department of Aging and Disability Services.
	(c)  A behavior support specialist shall conduct for each
	alleged offender resident enrolled in the school district a
	functional behavioral assessment that includes:
	(1)  data collection, through interviews with and
	observation of the resident;
	(2)  data analysis; and
	(3)  development of an individualized school
	behavioral intervention plan for the resident.
	(d)  Each behavior support specialist shall:
	(1)  ensure that each alleged offender resident
	enrolled in the school district is provided behavior management
	services under a school behavioral intervention plan based on the
	resident's functional behavioral assessment, as described by
	Subsection (c);
	(2)  communicate and coordinate with the resident's
	interdisciplinary team to ensure that behavioral intervention
	actions of the district and of the forensic state supported living
	center do not conflict;
	(3)  in the case of a resident who regresses:
	(A)  ensure that necessary corrective action is
	taken in the resident's individualized education program or school
	behavioral intervention plan, as appropriate; and
	(B)  communicate with the resident's
	interdisciplinary team concerning the regression and encourage the
	team to aggressively address the regression;
	(4)  participate in the resident's admission, review,
	and dismissal committee meetings in conjunction with:
	(A)  developing and implementing the resident's
	school behavioral intervention plan; and
	(B)  determining the appropriate educational
	placement for each resident, considering all available academic and
	behavioral information;
	(5)  coordinate each resident's school behavioral
	intervention plan with the resident's program of active treatment
	provided by the forensic state supported living center to ensure
	consistency of approach and response to the resident's identified
	behaviors;
	(6)  provide training for school district staff and, as
	appropriate, state supported living center staff in implementing
	behavioral intervention plans for each resident; and
	(7)  remain involved with the resident during the
	school day.
	(e)  Section 22.0511 applies to a behavior support
	specialist employed under this section by a school district.
	Sec. 29.455.  MEMORANDUM OF UNDERSTANDING. (a)  A school
	district in which alleged offender residents are enrolled in school
	and the forensic state supported living center shall enter into a
	memorandum of understanding to:
	(1)  establish the duties and responsibilities of the
	behavior support specialist to ensure the safety of all students
	and teachers while educational services are provided to a resident
	at a school in the district; and
	(2)  ensure the provision of appropriate facilities for
	providing educational services and of necessary technological
	equipment if a resident's admission, review, and dismissal
	committee determines that the resident must receive educational
	services at the forensic state supported living center.
	(b)  A memorandum of understanding under Subsection (a)
	remains in effect until superseded by a subsequent memorandum of
	understanding between the school district and the forensic state
	supported living center or until otherwise rescinded.
	Sec. 29.456.  FAILURE OF SCHOOL DISTRICT AND CENTER TO
	AGREE. (a)  If a school district in which alleged offender
	residents are enrolled in school and the forensic state supported
	living center fail to agree on the services required for residents
	or responsibility for those services, the district or center may
	refer the issue in disagreement to the commissioner of education
	and the commissioner of the Department of Aging and Disability
	Services.
	(b)  If the commissioner of education and the commissioner of
	the Department of Aging and Disability Services are unable to bring
	the school district and forensic state supported living center to
	agreement, the commissioners shall jointly submit a written request
	to the attorney general to appoint a neutral third party
	knowledgeable in special education and mental retardation issues to
	resolve each issue on which the district and the center disagree.
	The decision of the neutral third party is final and may not be
	appealed. The district and the center shall implement the decision
	of the neutral third party. The commissioner of education or the
	commissioner of the Department of Aging and Disability Services
	shall ensure that the district and the center implement the
	decision of the neutral third party.
	Sec. 29.457.  FUNDING. (a)  In addition to other funding to
	which a school district is entitled under this code, each district
	in which alleged offender residents attend school is entitled to an
	annual allotment of $5,100 for each resident in average daily
	attendance or a different amount for any year provided by
	appropriation.
	(b)  Not later than December 1 of each year, a school
	district that receives an allotment under this section shall submit
	a report accounting for the expenditure of funds received under
	this section to the governor, the lieutenant governor, the speaker
	of the house of representatives, the chairs of the standing
	committees of the senate and house of representatives with primary
	jurisdiction regarding persons with mental retardation and public
	education, and each member of the legislature whose district
	contains any portion of the territory included in the school.
	Sec.  29.458.  RULES.  The commissioner may adopt rules as
	necessary to administer this subchapter.
	SECTION 3.  Section 54.031, Family Code, is amended to read
	as follows:
	Sec. 54.031.  HEARSAY STATEMENT OF CERTAIN [CHILD] ABUSE
	VICTIMS [VICTIM].  (a)  This section applies to a hearing under
	this title in which a child is alleged to be a delinquent child on
	the basis of a violation of any of the following provisions of the
	Penal Code, if a child 12 years of age or younger or a person with a
	disability is the alleged victim of the violation:
	(1)  Chapter 21 (Sexual Offenses) or 22 (Assaultive
	Offenses);
	(2)  Section 25.02 (Prohibited Sexual Conduct); or
	(3)  Section 43.25 (Sexual Performance by a Child).
	(b)  This section applies only to statements that describe
	the alleged violation that:
	(1)  were made by the child or person with a disability
	who is the alleged victim of the violation; and
	(2)  were made to the first person, 18 years of age or
	older, to whom the child or person with a disability made a
	statement about the violation.
	(c)  A statement that meets the requirements of Subsection
	(b) [of this section] is not inadmissible because of the hearsay
	rule if:
	(1)  on or before the 14th day before the date the
	hearing begins, the party intending to offer the statement:
	(A)  notifies each other party of its intention to
	do so;
	(B)  provides each other party with the name of
	the witness through whom it intends to offer the statement; and
	(C)  provides each other party with a written
	summary of the statement;
	(2)  the juvenile court finds, in a hearing conducted
	outside the presence of the jury, that the statement is reliable
	based on the time, content, and circumstances of the statement; and
	(3)  the child or person with a disability who is the
	alleged victim testifies or is available to testify at the hearing
	in court or in any other manner provided by law.
	(d)  In this section, "person with a disability" means a
	person 13 years of age or older who because of age or physical or
	mental disease, disability, or injury is substantially unable to
	protect the person's self from harm or to provide food, shelter, or
	medical care for the person's self.
	SECTION 4.  Section 261.105, Family Code, is amended by
	adding Subsection (c-1) to read as follows:
	(c-1)  Notwithstanding Subsections (b) and (c), if a report
	under this section relates to a child with mental retardation
	receiving services in a state supported living center as defined by
	Section 531.002, Health and Safety Code, or the ICF-MR component of
	the Rio Grande State Center, the department shall proceed with the
	investigation of the report as provided by Section 261.404.
	SECTION 5.  Subsection (b), Section 261.109, Family Code, is
	amended to read as follows:
	(b)  An offense under this section is a Class A [B]
	misdemeanor, except that the offense is a state jail felony if it is
	shown on the trial of the offense that the child was a person with
	mental retardation who resided in a state supported living center,
	the ICF-MR component of the Rio Grande State Center, or a facility
	licensed under Chapter 252, Health and Safety Code, and the actor
	knew that the child had suffered serious bodily injury as a result
	of the abuse or neglect.
	SECTION 6.  Subsection (b), Section 261.401, Family Code, is
	amended to read as follows:
	(b)  Except as provided by Section 261.404, a [A] state
	agency that operates, licenses, certifies, or registers a facility
	in which children are located or provides oversight of a program
	that serves children shall make a prompt, thorough investigation of
	a report that a child has been or may be abused, neglected, or
	exploited in the facility or program.  The primary purpose of the
	investigation shall be the protection of the child.
	SECTION 7.  Section 261.404, Family Code, is amended to read
	as follows:
	Sec. 261.404.  INVESTIGATIONS REGARDING CERTAIN CHILDREN
	WITH MENTAL ILLNESS OR [IN FACILITIES UNDER DEPARTMENT OF MENTAL
	HEALTH AND] MENTAL RETARDATION.  (a)  The department shall
	investigate a report of abuse, neglect, or exploitation of a child
	receiving services:
	(1)  in a facility operated by the [Texas] Department
	of Aging and Disability Services or a mental health facility
	operated by the Department of State [Mental] Health Services [and
	Mental Retardation];
	(2)  in or from a community center, a local mental
	health authority, or a local mental retardation authority; [or]
	(3)  through a program providing services to that child
	by contract with a facility operated by the [Texas] Department of
	Aging and Disability Services, a mental health facility operated by
	the Department of State [Mental] Health Services [and Mental
	Retardation], a community center, a local mental health authority,
	or a local mental retardation authority;
	(4)  from a provider of home and community-based
	services who contracts with the Department of Aging and Disability
	Services; or
	(5)  in a facility licensed under Chapter 252, Health
	and Safety Code.
	(b)  The department shall investigate the report under rules
	developed by the executive commissioner of the Health and Human
	Services Commission with the advice and assistance of [jointly
	between] the department, [and] the [Texas] Department of Aging and
	Disability Services, and the Department of State [Mental] Health
	Services [and Mental Retardation].
	(c)  If a report under this section relates to a child with
	mental retardation receiving services in a state supported living
	center or the ICF-MR component of the Rio Grande State Center, the
	department shall, within one hour of receiving the report, notify
	the facility in which the child is receiving services of the
	allegations in the report.
	(d)  If during the course of the department's investigation
	of reported abuse, neglect, or exploitation a caseworker of the
	department or the caseworker's supervisor has cause to believe that
	a child with mental retardation described by Subsection (c) has
	been abused, neglected, or exploited by another person in a manner
	that constitutes a criminal offense under any law, including
	Section 22.04, Penal Code, the caseworker shall immediately notify
	the Health and Human Services Commission's office of inspector
	general and promptly provide the commission's office of inspector
	general with a copy of the department's investigation report.
	(e)  The definitions of "abuse" and "neglect" prescribed by
	Section 261.001 do not apply to an investigation under this
	section.
	(f) [(d)]  In this section:
	(1)  [,] "Community [community] center," "local mental
	health authority," [and] "local mental retardation authority," and
	"state supported living center" have the meanings assigned by
	Section 531.002, Health and Safety Code.
	(2)  "Provider" has the meaning assigned by Section
	48.351, Human Resources Code.
	SECTION 8.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.1144 to read as follows:
	Sec. 411.1144.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION:  AGENCIES WITH EMPLOYEES OR VOLUNTEERS AT STATE
	SUPPORTED LIVING CENTERS. (a)  The Department of State Health
	Services and the Department of Aging and Disability Services are
	entitled to obtain from the department criminal history record
	information maintained by the department that relates to a person:
	(1)  who is:
	(A)  an applicant for employment with the agency;
	(B)  an employee of the agency;
	(C)  a volunteer with the agency; or
	(D)  an applicant for a volunteer position with
	the agency; and
	(2)  who would be placed in direct contact with a
	resident or client of a state supported living center or the ICF-MR
	component of the Rio Grande State Center.
	(b)  Criminal history record information obtained by an
	agency under Subsection (a) may not be released or disclosed to any
	person except:
	(1)  on court order;
	(2)  with the consent of the person who is the subject
	of the criminal history record information;
	(3)  for purposes of an administrative hearing held by
	the agency concerning the person who is the subject of the criminal
	history record information; or
	(4)  as provided by Subsection (c).
	(c)  An agency is not prohibited from releasing criminal
	history record information obtained under Subsection (a) or (d) to
	the person who is the subject of the criminal history record
	information.
	(d)  Subject to Section 411.087, the Department of State
	Health Services and the Department of Aging and Disability Services
	are entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from any other criminal justice agency in
	this state criminal history record information maintained by that
	criminal justice agency that relates to a person described by
	Subsection (a).
	(e)  This section does not prohibit an agency from obtaining
	and using criminal history record information as provided by other
	law.
	SECTION 9.  Chapter 531, Government Code, is amended by
	adding Subchapter U to read as follows:
	SUBCHAPTER U.  MORTALITY REVIEW FOR CERTAIN INDIVIDUALS WITH
	DEVELOPMENTAL DISABILITIES
	Sec. 531.851.  MORTALITY REVIEW.  (a)  The executive
	commissioner shall establish an independent mortality review
	system to review the death of a person with a developmental
	disability who, at the time of the person's death:
	(1)  resided in or received services from:
	(A)  an intermediate care facility for persons
	with mental retardation (ICF-MR) operated or licensed by the
	Department of Aging and Disability Services or a community center;
	or
	(B)  the ICF-MR component of the Rio Grande State
	Center; or
	(2)  received residential assistance through a Section
	1915(c) waiver program serving individuals who are eligible for
	ICF-MR services in a residence in which residential assistance is
	provided to three or more persons and in which the waiver program
	provider has a property interest.
	(b)  A review under this subchapter must be conducted in
	addition to any review conducted by the facility in which the person
	resided or the facility, agency, or provider from which the person
	received services.  A review under this subchapter must be
	conducted after any investigation of alleged or suspected abuse,
	neglect, or exploitation is completed.
	(c)  The executive commissioner shall contract with a
	patient safety organization certified in accordance with 42 C.F.R.
	Part 3, as effective on January 19, 2009, to conduct independent
	mortality reviews required by this subchapter. The contract must
	require the patient safety organization to conduct an independent
	mortality review using a team consisting of:
	(1)  a physician with expertise regarding the medical
	treatment of individuals with mental retardation;
	(2)  a registered nurse with expertise regarding the
	medical treatment of individuals with mental retardation;
	(3)  a clinician or other professional with expertise
	in the delivery of services and supports for individuals with
	mental retardation; and
	(4)  any other appropriate person as provided by the
	executive commissioner.
	(d)  The executive commissioner shall adopt rules regarding
	the manner in which the death of a person described by Subsection
	(a) must be reported to the patient safety organization by a
	facility or waiver program provider described by that subsection.
	(e)  To ensure consistency across mortality review systems,
	a review under this section must collect information consistent
	with the information required to be collected by any other
	independent mortality review process established specifically for
	persons with mental retardation.
	Sec. 531.852.  ACCESS TO INFORMATION. (a)  A patient safety
	organization may request information and records regarding a
	deceased person as necessary to carry out the patient safety
	organization's duties. Records and information that may be
	requested under this section include:
	(1)  medical, dental, and mental health care
	information; and
	(2)  information and records maintained by any state or
	local government agency, including:
	(A)  a birth certificate;
	(B)  law enforcement investigative data;
	(C)  medical examiner investigative data;
	(D)  juvenile court records;
	(E)  parole and probation information and
	records; and
	(F)  adult or child protective services
	information and records.
	(b)  On request of the patient safety organization, the
	custodian of the relevant information and records relating to a
	deceased person shall provide those records to the patient safety
	organization at no charge.
	Sec. 531.853.  MORTALITY REVIEW REPORT. The patient safety
	organization shall, to the extent allowed by federal law, submit:
	(1)  to the Department of Aging and Disability
	Services, the Department of Family and Protective Services, the
	office of independent ombudsman for state supported living centers,
	and the commission's office of inspector general a report of the
	findings of the mortality review; and
	(2)  semiannually to the governor, the lieutenant
	governor, the speaker of the house of representatives, and the
	standing committees of the senate and house of representatives with
	primary jurisdiction over the Department of Aging and Disability
	Services a report that contains:
	(A)  aggregate information regarding the deaths
	for which the patient safety organization performed an independent
	mortality review;
	(B)  trends in the causes of death identified by
	the patient safety organization; and
	(C)  any suggestions for system-wide improvements
	to address conditions that contributed to deaths reviewed by the
	patient safety organization.
	Sec. 531.854.  USE AND PUBLICATION RESTRICTIONS;
	CONFIDENTIALITY.  (a)  The commission may use or publish
	information under this subchapter only to advance statewide
	practices regarding the treatment and care of individuals with
	developmental disabilities.  A summary of the data in the patient
	safety organization's reports or a statistical compilation of data
	reports may be released by the commission for general publication
	if the summary or statistical compilation does not contain any
	information that would permit the identification of an individual
	or that is patient safety work product.
	(b)  Information and records acquired by the patient safety
	organization in the exercise of its duties under this subchapter
	are confidential and exempt from disclosure under the open records
	law, Chapter 552, and may be disclosed only as necessary to carry
	out the patient safety organization's duties.
	(c)  The identity of a person whose death was reviewed in
	accordance with this subchapter is confidential and may not be
	revealed.
	(d)  The identity of a health care provider or the name of a
	facility or agency that provided services to or was the residence of
	a person whose death was reviewed in accordance with this
	subchapter is confidential and may not be revealed.
	(e)  Reports, information, statements, memoranda, and other
	information furnished under this subchapter and any findings or
	conclusions resulting from a review by the patient safety
	organization are privileged.
	Sec. 531.855.  LIMITATION ON LIABILITY. A health care
	provider or other person is not civilly or criminally liable for
	furnishing information to the patient safety organization or to the
	commission for use by the patient safety organization in accordance
	with this subchapter unless the person acted in bad faith or
	knowingly provided false information to the patient safety
	organization or the commission.
	SECTION 10.  Subchapter B, Chapter 252, Health and Safety
	Code, is amended by adding Section 252.0311 to read as follows:
	Sec. 252.0311.  PERSON INELIGIBLE FOR LICENSE.  (a)  In this
	section, "controlling person" means a person who, acting alone or
	with others, has the ability to directly or indirectly influence,
	direct, or cause the direction of the management, expenditure of
	money, or policies of a facility or a person who operates a
	facility.  The term includes:
	(1)  a management company or other business entity that
	operates or contracts with others for the operation of a facility;
	(2)  a person who is a controlling person of a
	management company or other business entity that operates a
	facility or that contracts with another person for the operation of
	a facility; and
	(3)  any other individual who, because of a personal,
	familial, or other relationship with the owner, manager, or
	provider of a facility, is in a position of actual control or
	authority with respect to the facility, without regard to whether
	the individual is formally named as an owner, manager, director,
	officer, provider, consultant, contractor, or employee of the
	facility.
	(b)  A controlling person described by Subsection (a)(3)
	does not include an employee, lender, secured creditor, or other
	person who does not exercise formal or actual influence or control
	over the operation of a facility.
	(c)  The executive commissioner of the Health and Human
	Services Commission may adopt rules that specify the ownership
	interests and other relationships that qualify a person as a
	controlling person.
	(d)  A person is not eligible for a license or to renew a
	license if the applicant, a controlling person with respect to the
	applicant, or an administrator or chief financial officer of the
	applicant has been convicted of an offense that would bar a person's
	employment at a facility in accordance with Chapter 250.
	SECTION 11.  Section 252.039, Health and Safety Code, is
	amended to read as follows:
	Sec. 252.039.  POSTING.  Each facility shall prominently and
	conspicuously post for display in a public area of the facility that
	is readily available to residents, employees, and visitors:
	(1)  the license issued under this chapter;
	(2)  a sign prescribed by the department that specifies
	complaint procedures established under this chapter or rules
	adopted under this chapter and that specifies how complaints may be
	registered with the department;
	(3)  a notice in a form prescribed by the department
	stating that inspection and related reports are available at the
	facility for public inspection and providing the department's
	toll-free telephone number that may be used to obtain information
	concerning the facility;
	(4)  a concise summary of the most recent inspection
	report relating to the facility; [and]
	(5)  a notice providing instructions for reporting an
	allegation of abuse, neglect, or exploitation to the Department of
	Family and Protective Services; and
	(6)  a notice that employees, other staff, residents,
	volunteers, and family members and guardians of residents are
	protected from discrimination or retaliation as provided by
	Sections 252.132 and 252.133.
	SECTION 12.  The heading to Subchapter E, Chapter 252,
	Health and Safety Code, is amended to read as follows:
	SUBCHAPTER E.  INVESTIGATIONS [REPORTS] OF ABUSE,
	[AND] NEGLECT, AND EXPLOITATION AND REPORTS OF RETALIATION
	SECTION 13.  Sections 252.121, 252.122, 252.125, and
	252.126, Health and Safety Code, are amended to read as follows:
	Sec. 252.121.  AUTHORITY TO RECEIVE REPORTS AND INVESTIGATE
	[DEFINITION].  (a)  A person, including an owner or employee of a
	facility, who has cause to believe that [In this subchapter,
	"designated agency" means an agency designated by a court to be
	responsible for the protection of] a resident is being or has been
	subjected to [who is the subject of a report of] abuse, [or]
	neglect, or exploitation shall report the suspected abuse, neglect,
	or exploitation to the Department of Family and Protective
	Services, as required by Chapter 48, Human Resources Code, or
	Chapter 261, Family Code, as appropriate. The Department of Family
	and Protective Services shall investigate the allegation of abuse,
	neglect, or exploitation in the manner provided by Chapter 48,
	Human Resources Code, or Section 261.404, Family Code, as
	applicable.
	(b)  If the department receives a report of suspected abuse,
	neglect, or exploitation of a resident of a facility licensed under
	this chapter, the department shall immediately refer the report to
	the Department of Family and Protective Services for investigation.
	Sec. 252.122.  NOTIFICATION OF DUTY TO REPORT [REPORTING OF]
	ABUSE, [AND] NEGLECT, AND EXPLOITATION.  [(a)     A person, including
	an owner or employee of a facility, who has cause to believe that
	the physical or mental health or welfare of a resident has been or
	may be adversely affected by abuse or neglect caused by another
	person shall report the abuse or neglect to the department, to a
	designated agency, or to both the department and the designated
	agency, as specified in department rules.
	[(b)]  Each facility shall require each employee of the
	facility, as a condition of employment with the facility, to sign a
	statement that the employee realizes that the employee may be
	criminally liable for failure to report abuse, [or] neglect, or
	exploitation.
	[(c)     A person shall make an oral report immediately on
	learning of abuse or neglect and shall make a written report to the
	same agency not later than the fifth day after the oral report is
	made.]
	Sec. 252.125.  IMMEDIATE REMOVAL TO PROTECT RESIDENT
	[INVESTIGATION AND REPORT OF RECEIVING AGENCY].  [(a)     The
	department or the designated agency shall make a thorough
	investigation promptly after receiving either the oral or written
	report.
	[(b)     The primary purpose of the investigation is the
	protection of the resident.
	[(c)     In the investigation, the department or the designated
	agency shall determine:
	[(1)     the nature, extent, and cause of the abuse or
	neglect;
	[(2)     the identity of the person responsible for the
	abuse or neglect;
	[(3)  the names and conditions of the other residents;
	[(4)     an evaluation of the persons responsible for the
	care of the residents;
	[(5)  the adequacy of the facility environment; and
	[(6)  any other information required by the department.
	[(d)     The investigation may include a visit to the resident's
	facility and an interview with the resident, if considered
	appropriate by the department.
	[(e)     If the department attempts to carry out an on-site
	investigation and it is shown that admission to the facility or any
	place where a resident is located cannot be obtained, a probate or
	county court shall order the person responsible for the care of the
	resident or the person in charge of a place where the resident is
	located to allow admission for the investigation and any interview
	with the resident.
	[(f)]  Before the completion of the investigation by the
	Department of Family and Protective Services, the department shall
	file a petition for temporary care and protection of a [the]
	resident if the department determines, based on information
	provided to the department by the Department of Family and
	Protective Services, that immediate removal is necessary to protect
	the resident from further abuse, [or] neglect, or exploitation.
	[(g)     The department or the designated agency shall make a
	complete written report of the investigation and submit the report
	and its recommendations to the district attorney and the
	appropriate law enforcement agency and, if necessary, to the
	department on the department's request.]
	Sec. 252.126.  CONFIDENTIALITY; DISCLOSURE OF INVESTIGATION
	REPORT.  (a)  A report, record, or working paper used or developed
	in an investigation made under this subchapter is confidential and
	may be disclosed only as provided by Chapter 48, Human Resources
	Code, Chapter 261, Family Code, or this section [for purposes
	consistent with the rules adopted by the board or the designated
	agency].
	(b)  The Department of Family and Protective Services shall
	provide a copy of a completed investigation report to the
	department and may disclose information related to the
	investigation at any time to the department as necessary to protect
	a resident of a facility from abuse, neglect, or exploitation.
	SECTION 14.  Subsection (h), Section 252.132, Health and
	Safety Code, is amended to read as follows:
	(h)  Each facility shall require each employee of the
	facility, as a condition of employment with the facility, to sign a
	statement that the employee understands the employee's rights under
	this section. The statement must be part of the statement required
	under Section 252.122 [252.122(b)]. If a facility does not require
	an employee to read and sign the statement, the periods prescribed
	by Subsection (e) do not apply, and the petitioner must bring suit
	not later than the second anniversary of the date on which the
	person's employment is suspended or terminated.
	SECTION 15.  Subdivision (4), Section 253.001, Health and
	Safety Code, is amended to read as follows:
	(4)  "Facility" means:
	(A)  a facility:
	(i)  licensed by the department; or
	(ii)  licensed under Chapter 252;
	(B)  an adult foster care provider that contracts
	with the department; or
	(C)  a home and community support services agency
	licensed by the department under Chapter 142.
	SECTION 16.  Section 253.002, Health and Safety Code, is
	amended to read as follows:
	Sec. 253.002.  INVESTIGATION BY DEPARTMENT.  (a)  If the
	department receives a report that an employee of a facility, other
	than a facility licensed under Chapter 252, committed reportable
	conduct, the department shall investigate the report to determine
	whether the employee has committed the reportable conduct.
	(b)  If the Department of Aging and Disability Services
	receives a report that an employee of a facility licensed under
	Chapter 252 committed reportable conduct, the department shall
	forward that report to the Department of Family and Protective
	Services for investigation.
	SECTION 17.  Subdivision (17), Section 531.002, Health and
	Safety Code, is amended to read as follows:
	(17)  "State supported living center [school]" means a
	state-supported and structured residential facility operated by
	the Department of Aging and Disability Services [department] to
	provide to clients with mental retardation a variety of services,
	including medical treatment, specialized therapy, and training in
	the acquisition of personal, social, and vocational skills.
	SECTION 18.  Chapter 531, Health and Safety Code, is amended
	by adding Section 531.0021 to read as follows:
	Sec. 531.0021.  REFERENCE TO STATE SCHOOL OR SUPERINTENDENT.
	(a)  A reference in law to a "state school" means a state supported
	living center.
	(b)  A reference in law to a "superintendent," to the extent
	the term is intended to refer to the person in charge of a state
	supported living center, means the director of a state supported
	living center.
	SECTION 19.  Subsection (b), Section 532.001, Health and
	Safety Code, is amended to read as follows:
	(b)  The Department of Aging and Disability Services and the
	Department of State Health Services [department] also include
	[includes] community services operated by those departments [the
	department] and the following facilities, as appropriate:
	(1)  the central office of each [the] department;
	(2)  the Austin State Hospital;
	(3)  the Big Spring State Hospital;
	(4)  the Kerrville State Hospital;
	(5)  the Rusk State Hospital;
	(6)  the San Antonio State Hospital;
	(7)  the Terrell State Hospital;
	(8)  the North Texas State Hospital;
	(9)  the Abilene State Supported Living Center
	[School];
	(10)  the Austin State Supported Living Center
	[School];
	(11)  the Brenham State Supported Living Center
	[School];
	(12)  the Corpus Christi State Supported Living Center
	[School];
	(13)  the Denton State Supported Living Center
	[School];
	(14)  the Lubbock State Supported Living Center
	[School];
	(15)  the Lufkin State Supported Living Center
	[School];
	(16)  the Mexia State Supported Living Center [School];
	(17)  the Richmond State Supported Living Center
	[School];
	(18)  the San Angelo State Supported Living Center
	[School];
	(19)  the San Antonio State Supported Living Center
	[School];
	(20)  the El Paso State Supported Living Center;
	(21)  the Rio Grande State Center; and
	(22)  the Waco Center for Youth.
	SECTION 20.  Section 551.022, Health and Safety Code, is
	amended by adding Subsection (e) to read as follows:
	(e)  This section does not apply to a state supported living
	center or the director of a state supported living center.
	SECTION 21.  Subchapter B, Chapter 551, Health and Safety
	Code, is amended by adding Section 551.0225 to read as follows:
	Sec. 551.0225.  POWERS AND DUTIES OF STATE SUPPORTED LIVING
	CENTER DIRECTOR. (a)  The director of a state supported living
	center is the administrative head of the center.
	(b)  The director of a state supported living center has the
	custody of and responsibility to care for the buildings, grounds,
	furniture, and other property relating to the center.
	(c)  The director of a state supported living center shall:
	(1)  oversee the admission and discharge of residents
	and clients;
	(2)  keep a register of all residents and clients
	admitted to or discharged from the center;
	(3)  ensure that the civil rights of residents and
	clients of the center are protected;
	(4)  ensure the health, safety, and general welfare of
	residents and clients of the center;
	(5)  supervise repairs and improvements to the center;
	(6)  ensure that center money is spent judiciously and
	economically;
	(7)  keep an accurate and detailed account of all money
	received and spent, stating the source of the money and on whom and
	the purpose for which the money is spent;
	(8)  keep a full record of the center's operations;
	(9)  monitor the arrival and departure of individuals
	to and from the center as appropriate to ensure the safety of
	residents; and
	(10)  ensure that residents' family members and legally
	authorized representatives are notified of serious events that may
	indicate problems in the care or treatment of residents.
	(d)  In accordance with department rules and operating
	procedures, the director of a state supported living center may:
	(1)  establish policy to govern the center that the
	director considers will best promote the residents' interest and
	welfare;
	(2)  hire subordinate officers, teachers, and other
	employees and set their salaries, in the absence of other law; and
	(3)  dismiss a subordinate officer, teacher, or
	employee for good cause.
	(e)  The Department of Aging and Disability Services shall,
	with input from residents of a state supported living center, and
	the family members and legally authorized representatives of those
	residents, develop a policy that defines "serious event" for
	purposes of Subsection (c)(10).
	SECTION 22.  Subtitle B, Title 7, Health and Safety Code, is
	amended by adding Chapter 555 to read as follows:
	CHAPTER 555. STATE SUPPORTED LIVING CENTERS
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 555.001.  DEFINITIONS. In this chapter:
	(1)  "Alleged offender resident" means a person with
	mental retardation who:
	(A)  was committed to or transferred to a state
	supported living center under Chapter 46B or 46C, Code of Criminal
	Procedure, as a result of being charged with or convicted of a
	criminal offense; or
	(B)  is a child committed to or transferred to a
	state supported living center under Chapter 55, Family Code, as a
	result of being alleged by petition or having been found to have
	engaged in delinquent conduct constituting a criminal offense.
	(2)  "Center" means the state supported living centers
	and the ICF-MR component of the Rio Grande State Center.
	(3)  "Center employee" means an employee of a state
	supported living center or the ICF-MR component of the Rio Grande
	State Center.
	(4)  "Client" means a person with mental retardation
	who receives ICF-MR services from a state supported living center
	or the ICF-MR component of the Rio Grande State Center.
	(5)  "Commission" means the Health and Human Services
	Commission.
	(6)  "Complaint" means information received by the
	office of independent ombudsman regarding a possible violation of a
	right of a resident or client and includes information received
	regarding a failure by a state supported living center or the ICF-MR
	component of the Rio Grande State Center to comply with the
	department's policies and procedures relating to the community
	living options information process.
	(7)  "Department" means the Department of Aging and
	Disability Services.
	(8)  "Direct care employee" means a center employee who
	provides direct delivery of services to a resident or client.
	(9)  "Executive commissioner" means the executive
	commissioner of the Health and Human Services Commission.
	(10)  "High-risk alleged offender resident" means an
	alleged offender resident who has been determined under Section
	555.003 to be at risk of inflicting substantial physical harm to
	another.
	(11)  "Independent ombudsman" means the individual who
	has been appointed to the office of independent ombudsman for state
	supported living centers.
	(12)  "Inspector general" means the Health and Human
	Services Commission's office of inspector general.
	(13)  "Interdisciplinary team" has the meaning
	assigned by Section 591.003.
	(14)  "Office" means the office of independent
	ombudsman for state supported living centers established under
	Subchapter C.
	(15)  "Resident" means a person with mental retardation
	who resides in a state supported living center or the ICF-MR
	component of the Rio Grande State Center.
	(16)  "State supported living center" has the meaning
	assigned by Section 531.002.
	Sec. 555.002.  FORENSIC STATE SUPPORTED LIVING CENTER.
	(a)  The department shall establish a separate forensic state
	supported living center for the care apart from other clients and
	residents of high-risk alleged offender residents.  The department
	shall designate the Mexia State Supported Living Center for this
	purpose.
	(b)  In establishing the forensic state supported living
	center, the department shall:
	(1)  transfer an alleged offender resident already
	residing in a center who is classified as a high-risk alleged
	offender resident in accordance with Section 555.003, to the
	forensic state supported living center;
	(2)  place high-risk alleged offender residents in
	separate homes at the forensic state supported living center based
	on whether an individual is:
	(A)  an adult or a person younger than 18 years of
	age; or
	(B)  male or female;
	(3)  place alleged offender residents who are charged
	with or convicted of a felony offense or who are alleged by petition
	or have been found to have engaged in delinquent conduct defined as
	a felony offense, at the time the residents are initially committed
	to or transferred to a center, in the forensic state supported
	living center until a determination under Section 555.003 has been
	completed;
	(4)  transfer all residents who request a transfer,
	other than high-risk alleged offender residents and alleged
	offender residents described by Subdivision (3) and for whom a
	determination has not been completed under Section 555.003, from
	the forensic state supported living center; and
	(5)  provide training regarding the service delivery
	system for high-risk alleged offender residents to direct care
	employees of the forensic state supported living center.
	(c)  An alleged offender resident committed to the forensic
	state supported living center, for whom a determination under
	Section 555.003 has been completed and who is not classified as a
	high-risk alleged offender resident, may request a transfer to
	another center in accordance with Subchapter B, Chapter 594.
	(d)  The department shall ensure that the forensic state
	supported living center:
	(1)  complies with the requirements for ICF-MR
	certification under the Medicaid program, as appropriate; and
	(2)  has additional center employees, including direct
	care employees, to protect the safety of center employees,
	residents, and the community.
	(e)  The department shall collect data regarding the
	commitment of alleged offender residents to state supported living
	centers, including any offense with which an alleged offender
	resident is charged, the location of the committing court, whether
	the alleged offender resident has previously been in the custody of
	the Texas Youth Commission or the Department of Family and
	Protective Services, and whether the alleged offender resident
	receives mental health services or previously received any services
	under a Section 1915(c) waiver program. The department shall
	annually submit to the governor, the lieutenant governor, the
	speaker of the house of representatives, and the standing
	committees of the legislature with primary subject matter
	jurisdiction over state supported living centers a report of the
	information collected under this section. The report may not
	contain personally identifiable information for any person in the
	report.
	Sec. 555.003.  DETERMINATION OF HIGH-RISK ALLEGED OFFENDER
	STATUS.  (a)  Not later than the 30th day after the date an alleged
	offender resident is first committed to a state supported living
	center and, if the resident is classified as a high-risk alleged
	offender resident, annually on the anniversary of that date, an
	interdisciplinary team shall determine whether the alleged
	offender resident is at risk of inflicting substantial physical
	harm to another and should be classified or remain classified as a
	high-risk alleged offender resident.
	(b)  In making a determination under Subsection (a), the
	interdisciplinary team shall document and collect evidence
	regarding the reason the alleged offender resident is determined to
	be at risk of inflicting substantial physical harm to another.
	(c)  The interdisciplinary team shall provide the team's
	findings regarding whether the alleged offender resident is at risk
	of inflicting substantial physical harm to another and the
	documentation and evidence collected under this section to:
	(1)  the department;
	(2)  the director of the state supported living center;
	(3)  the independent ombudsman;
	(4)  the alleged offender resident or the alleged
	offender resident's parent if the resident is a minor; and
	(5)  the alleged offender resident's legally authorized
	representative.
	(d)  An alleged offender resident who is determined to be at
	risk of inflicting substantial physical harm to another and is
	classified as a high-risk alleged offender resident is entitled to
	an administrative hearing with the department to contest that
	determination and classification.
	(e)  An individual who has exhausted the administrative
	remedies provided by Subsection (d) may bring a suit to appeal the
	determination and classification in district court in Travis
	County. The suit must be filed not later than the 30th day after the
	date the final order in the administrative hearing is provided to
	the individual. An appeal under this section is by trial de novo.
	[Sections 555.004-555.020 reserved for expansion]
	SUBCHAPTER B.  POWERS AND DUTIES
	Sec. 555.021.  REQUIRED CRIMINAL HISTORY CHECKS FOR
	EMPLOYEES AND VOLUNTEERS OF CENTERS.  (a)  The department and the
	Department of State Health Services shall perform a state and
	federal criminal history background check on a person:
	(1)  who is:
	(A)  an applicant for employment with the agency;
	(B)  an employee of the agency;
	(C)  a volunteer with the agency; or
	(D)  an applicant for a volunteer position with
	the agency; and
	(2)  who would be placed in direct contact with a
	resident or client.
	(b)  The department and the Department of State Health
	Services shall require a person described by Subsection (a) to
	submit fingerprints in a form and of a quality acceptable to the
	Department of Public Safety and the Federal Bureau of Investigation
	for use in conducting a criminal history background check.
	(c)  Each agency shall obtain electronic updates from the
	Department of Public Safety of arrests and convictions of a person:
	(1)  for whom the agency performs a background check
	under Subsection (a); and
	(2)  who remains an employee or volunteer of the agency
	and continues to have direct contact with a resident or client.
	Sec. 555.022.  DRUG TESTING; POLICY. (a)  The executive
	commissioner shall adopt a policy regarding random testing and
	reasonable suspicion testing for the illegal use of drugs by a
	center employee.
	(b)  The policy adopted under Subsection (a) must provide
	that a center employee may be terminated solely on the basis of a
	single positive test for illegal use of a controlled substance. The
	policy must establish an appeals process for a center employee who
	tests positively for illegal use of a controlled substance.
	(c)  The director of a state supported living center or the
	superintendent of the Rio Grande State Center shall enforce the
	policy adopted under Subsection (a) by performing necessary drug
	testing of the center employees for the use of a controlled
	substance as defined by Section 481.002.
	(d)  Testing under this section may be performed on a random
	basis or on reasonable suspicion of the use of a controlled
	substance.
	(e)  For purposes of this section, a report made under
	Section 555.023 is considered reasonable suspicion of the use of a
	controlled substance.
	Sec. 555.023.  REPORTS OF ILLEGAL DRUG USE; POLICY. The
	executive commissioner shall adopt a policy requiring a center
	employee who knows or reasonably suspects that another center
	employee is illegally using or under the influence of a controlled
	substance, as defined by Section 481.002, to report that knowledge
	or reasonable suspicion to the director of the state supported
	living center or the superintendent of the Rio Grande State Center,
	as appropriate.
	Sec. 555.024.  CENTER EMPLOYEE TRAINING.  (a)  Before a
	center employee begins to perform the employee's duties without
	direct supervision, the department shall provide the employee with
	competency training and a course of instruction about the general
	duties of a center employee. The department shall ensure the basic
	center employee competency course focuses on:
	(1)  the uniqueness of the individuals the center
	employee serves;
	(2)  techniques for improving quality of life for and
	promoting the health and safety of individuals with mental
	retardation; and
	(3)  the conduct expected of center employees.
	(b)  The department shall ensure the training required by
	Subsection (a) provides instruction and information regarding the
	following topics:
	(1)  the general operation and layout of the center at
	which the person is employed, including armed intruder lockdown
	procedures;
	(2)  an introduction to mental retardation;
	(3)  an introduction to autism;
	(4)  an introduction to mental illness and dual
	diagnosis;
	(5)  the rights of individuals with mental retardation
	who receive services from the department;
	(6)  respecting personal choices made by residents and
	clients;
	(7)  the safe and proper use of restraints;
	(8)  recognizing and reporting:
	(A)  evidence of abuse, neglect, and exploitation
	of individuals with mental retardation;
	(B)  unusual incidents;
	(C)  reasonable suspicion of illegal drug use in
	the workplace;
	(D)  workplace violence; or
	(E)  sexual harassment in the workplace;
	(9)  preventing and treating infection;
	(10)  first aid;
	(11)  cardiopulmonary resuscitation;
	(12)  the Health Insurance Portability and
	Accountability Act of 1996 (Pub. L. No. 104-191); and
	(13)  the rights of center employees.
	(c)  In addition to the training required by Subsection (a)
	and before a direct care employee begins to perform the direct care
	employee's duties without direct supervision, the department shall
	provide a direct care employee with training and instructional
	information regarding implementation of the interdisciplinary
	treatment program for each resident or client for whom the direct
	care employee will provide direct care, including the following
	topics:
	(1)  prevention and management of aggressive or violent
	behavior;
	(2)  observing and reporting changes in behavior,
	appearance, or health of residents and clients;
	(3)  positive behavior support;
	(4)  emergency response;
	(5)  person-directed plans;
	(6)  self-determination;
	(7)  seizure safety;
	(8)  techniques for:
	(A)  lifting;
	(B)  positioning; and
	(C)  movement and mobility;
	(9)  working with aging residents and clients;
	(10)  assisting residents and clients:
	(A)  who have a visual impairment;
	(B)  who have a hearing deficit; or
	(C)  who require the use of adaptive devices and
	specialized equipment;
	(11)  communicating with residents and clients who use
	augmentative and alternative devices for communication;
	(12)  assisting residents and clients with personal
	hygiene;
	(13)  recognizing appropriate food textures;
	(14)  using proper feeding techniques to assist
	residents and clients with meals;
	(15)  physical and nutritional management plans; and
	(16)  home and community-based services, including the
	principles of community inclusion and participation and the
	community living options information process.
	(d)  The executive commissioner shall adopt rules that
	require a center to provide refresher training courses to direct
	care employees on a regular basis.
	(e)  A center may allow an employee of an intermediate care
	facility for persons with mental retardation licensed by the
	department, an employee of a person licensed or certified to
	provide Section 1915(c) waiver program services, or another
	employee or professional involved in the provision of services to
	persons with mental retardation to receive information and training
	under this section, as appropriate.  The center may charge an
	administrative fee in an amount not to exceed the cost of providing
	the information or training.
	Sec. 555.025.  VIDEO SURVEILLANCE. (a)  In this section,
	"private space" means a place in a center in which a resident or
	client has a reasonable expectation of privacy, including:
	(1)  a bedroom;
	(2)  a bathroom;
	(3)  a place in which a resident or client receives
	medical or nursing services;
	(4)  a place in which a resident or client meets
	privately with visitors; or
	(5)  a place in which a resident or client privately
	makes phone calls.
	(b)  The department shall install and operate video
	surveillance equipment in a center for the purpose of detecting and
	preventing the exploitation or abuse of residents and clients.
	(c)  The department may not install or operate video
	surveillance equipment in a private space or in a location in which
	video surveillance equipment can capture images within a private
	space.
	(d)  The department shall ensure that the use of video
	surveillance equipment under this section complies with federal
	requirements for ICF-MR certification.
	[Sections 555.026-555.050 reserved for expansion]
	SUBCHAPTER C.  OFFICE OF INDEPENDENT OMBUDSMAN FOR STATE SUPPORTED
	LIVING CENTERS
	Sec. 555.051.  ESTABLISHMENT; PURPOSE.  The office of
	independent ombudsman is established for the purpose of
	investigating, evaluating, and securing the rights of residents and
	clients of state supported living centers and the ICF-MR component
	of the Rio Grande State Center.  The office is administratively
	attached to the department.  The department shall provide
	administrative support and resources to the office as necessary for
	the office to perform its duties.
	Sec. 555.052.  INDEPENDENCE.  The independent ombudsman in
	the performance of the ombudsman's duties and powers under this
	subchapter acts independently of the department.
	Sec. 555.053.  APPOINTMENT OF INDEPENDENT OMBUDSMAN.
	(a)  The governor shall appoint the independent ombudsman.
	(b)  The governor may appoint as independent ombudsman only
	an individual with at least five years of experience managing and
	ensuring the quality of care and services provided to individuals
	with mental retardation.
	Sec. 555.054.  ASSISTANT OMBUDSMEN.  (a)  The independent
	ombudsman shall:
	(1)  hire assistant ombudsmen to perform, under the
	direction of the independent ombudsman, the same duties and
	exercise the same powers as the independent ombudsman; and
	(2)  station an assistant ombudsman at each center.
	(b)  The independent ombudsman may hire as assistant
	ombudsmen only individuals with at least five years of experience
	ensuring the quality of care and services provided to individuals
	with mental retardation.
	Sec. 555.055.  CONFLICT OF INTEREST.  A person may not serve
	as independent ombudsman or as an assistant ombudsman if the person
	or the person's spouse:
	(1)  is employed by or participates in the management
	of a business entity or other organization receiving funds from the
	department;
	(2)  owns or controls, directly or indirectly, any
	interest in a business entity or other organization receiving funds
	from the department; or
	(3)  is required to register as a lobbyist under
	Chapter 305, Government Code, because of the person's activities or
	compensation on behalf of a profession related to the operation of
	the department.
	Sec. 555.056.  REPORT.  (a)  The independent ombudsman shall
	submit on a biannual basis to the governor, the lieutenant
	governor, the speaker of the house of representatives, and the
	chairs of the standing committees of the senate and the house of
	representatives with primary jurisdiction over state supported
	living centers a report that is both aggregated and disaggregated
	by individual center and describes:
	(1)  the work of the independent ombudsman;
	(2)  the results of any review or investigation
	undertaken by the independent ombudsman, including a review or
	investigation of services contracted by the department;
	(3)  any recommendations that the independent
	ombudsman has in relation to the duties of the independent
	ombudsman; and
	(4)  any recommendations that the independent
	ombudsman has for systemic improvements needed to decrease
	incidents of abuse, neglect, or exploitation at an individual
	center or at all centers.
	(b)  The independent ombudsman shall ensure that information
	submitted in a report under Subsection (a) does not permit the
	identification of an individual.
	(c)  The independent ombudsman shall immediately report to
	the governor, the lieutenant governor, the speaker of the house of
	representatives, and the chairs of the standing committees of the
	senate and the house of representatives having primary jurisdiction
	over the Department of Aging and Disability Services any
	particularly serious or flagrant:
	(1)  case of abuse or injury of a resident or client
	about which the independent ombudsman is made aware;
	(2)  problem concerning the administration of a center
	program or operation; or
	(3)  interference by a center, the department, or the
	commission, other than actions by the commission's office of
	inspector general in accordance with the office's duties, with an
	investigation conducted by the independent ombudsman.
	Sec. 555.057.  COMMUNICATION AND CONFIDENTIALITY.  (a)  The
	department shall allow any resident or client, authorized
	representative of a resident or client, family member of a resident
	or client, or other interested party to communicate with the
	independent ombudsman or an assistant ombudsman.  The
	communication:
	(1)  may be in person, by mail, or by any other means;
	and
	(2)  is confidential and privileged.
	(b)  The records of the independent ombudsman are
	confidential, except that the independent ombudsman shall:
	(1)  share with the Department of Family and Protective
	Services a communication that may involve the abuse, neglect, or
	exploitation of a resident or client;
	(2)  share with the inspector general a communication
	that may involve an alleged criminal offense;
	(3)  share with the regulatory services division of the
	department a communication that may involve a violation of an
	ICF-MR standard or condition of participation; and
	(4)  disclose the ombudsman's nonprivileged records if
	required by a court order on a showing of good cause.
	(c)  The independent ombudsman may make reports relating to
	an investigation by the independent ombudsman public after the
	investigation is complete but only if the name and any other
	personally identifiable information of a resident or client,
	legally authorized representative of a resident or client, family
	member of a resident or client, center, center employee, or other
	individual are redacted from the report and remain confidential.
	The independent ombudsman may provide an unredacted report to the
	center involved in the investigation, the department, the
	Department of Family and Protective Services, and the inspector
	general.
	(d)  The name, address, or other personally identifiable
	information of a person who files a complaint with the office of
	independent ombudsman, information generated by the office of
	independent ombudsman in the course of an investigation, and
	confidential records obtained by the office of independent
	ombudsman are confidential and not subject to disclosure under
	Chapter 552, Government Code, except as provided by this section.
	Sec. 555.058.  PROMOTION OF AWARENESS OF OFFICE.  The
	independent ombudsman shall promote awareness among the public,
	residents, clients, and center employees of:
	(1)  how the office may be contacted;
	(2)  the purpose of the office; and
	(3)  the services the office provides.
	Sec. 555.059.  DUTIES AND POWERS.  (a)  The independent
	ombudsman shall:
	(1)  evaluate the process by which a center
	investigates, reviews, and reports an injury to a resident or
	client or an unusual incident;
	(2)  evaluate the delivery of services to residents and
	clients to ensure that the rights of residents and clients are fully
	observed, including ensuring that each center conducts sufficient
	unannounced patrols;
	(3)  immediately refer a complaint alleging the abuse,
	neglect, or exploitation of a resident or client to the Department
	of Family and Protective Services;
	(4)  refer a complaint alleging employee misconduct
	that does not involve abuse, neglect, or exploitation or a possible
	violation of an ICF-MR standard or condition of participation to
	the regulatory services division of the department;
	(5)  refer a complaint alleging a criminal offense,
	other than an allegation of abuse, neglect, or exploitation of a
	resident or client, to the inspector general;
	(6)  conduct investigations of complaints, other than
	complaints alleging criminal offenses or the abuse, neglect, or
	exploitation of a resident or client, if the office determines
	that:
	(A)  a resident or client or the resident's or
	client's family may be in need of assistance from the office; or
	(B)  a complaint raises the possibility of a
	systemic issue in the center's provision of services;
	(7)  conduct biennial on-site audits at each center of:
	(A)  the ratio of direct care employees to
	residents;
	(B)  the provision and adequacy of training to:
	(i)  center employees; and
	(ii)  direct care employees; and
	(C)  if the center serves alleged offender
	residents, the provision of specialized training to direct care
	employees;
	(8)  conduct an annual audit of each center's policies,
	practices, and procedures to ensure that each resident and client
	is encouraged to exercise the resident's or client's rights,
	including:
	(A)  the right to file a complaint; and
	(B)  the right to due process;
	(9)  prepare and deliver an annual report regarding the
	findings of each audit to the:
	(A)  executive commissioner;
	(B)  commissioner;
	(C)  Aging and Disability Services Council;
	(D)  governor;
	(E)  lieutenant governor;
	(F)  speaker of the house of representatives;
	(G)  standing committees of the senate and house
	of representatives with primary jurisdiction over state supported
	living centers; and
	(H)  state auditor;
	(10)  require a center to provide access to all
	records, data, and other information under the control of the
	center that the independent ombudsman determines is necessary to
	investigate a complaint or to conduct an audit under this section;
	(11)  review all final reports produced by the
	Department of Family and Protective Services, the regulatory
	services division of the department, and the inspector general
	regarding a complaint referred by the independent ombudsman;
	(12)  provide assistance to a resident, client,
	authorized representative of a resident or client, or family member
	of a resident or client who the independent ombudsman determines is
	in need of assistance, including advocating with an agency,
	provider, or other person in the best interests of the resident or
	client;
	(13)  make appropriate referrals under any of the
	duties and powers listed in this subsection; and
	(14)  monitor and evaluate the department's actions
	relating to any problem identified or recommendation included in a
	report received from the Department of Family and Protective
	Services relating to an investigation of alleged abuse, neglect, or
	exploitation of a resident or client.
	(b)  The independent ombudsman may apprise a person who is
	interested in a resident's or client's welfare of the rights of the
	resident or client.
	(c)  To assess whether a resident's or client's rights have
	been violated, the independent ombudsman may, in any matter that
	does not involve an alleged criminal offense or the abuse, neglect,
	or exploitation of a resident or client, contact or consult with an
	administrator, employee, resident, client, family member of a
	resident or client, expert, or other individual in the course of the
	investigation or to secure information.
	(d)  Notwithstanding any other provision of this chapter,
	the independent ombudsman may not investigate an alleged criminal
	offense or the alleged abuse, neglect, or exploitation of a
	resident or client.
	Sec. 555.060.  RETALIATION PROHIBITED.  The department or a
	center may not retaliate against a department employee, center
	employee, or any other person who in good faith makes a complaint to
	the office of independent ombudsman or cooperates with the office
	in an investigation.
	Sec. 555.061.  TOLL-FREE NUMBER.  (a)  The office shall
	establish a permanent, toll-free number for the purpose of
	receiving any information concerning the violation of a right of a
	resident or client.
	(b)  The office shall ensure that:
	(1)  the toll-free number is prominently displayed in
	the main administration area and other appropriate common areas of
	a center; and
	(2)  a resident, a client, the legally authorized
	representative of a resident or client, and a center employee have
	confidential access to a telephone for the purpose of calling the
	toll-free number.
	[Sections 555.062-555.100 reserved for expansion]
	SUBCHAPTER D.  INSPECTOR GENERAL DUTIES
	Sec. 555.101.  ASSISTING LAW ENFORCEMENT AGENCIES WITH
	CERTAIN INVESTIGATIONS.  The inspector general shall employ and
	commission peace officers for the purpose of assisting a state or
	local law enforcement agency in the investigation of an alleged
	criminal offense involving a resident or client of a center.  A
	peace officer employed and commissioned by the inspector general is
	a peace officer for purposes of Article 2.12, Code of Criminal
	Procedure.
	Sec. 555.102.  SUMMARY REPORT.  (a)  The inspector general
	shall prepare a summary report for each investigation conducted
	with the assistance of the inspector general under this subchapter.
	The inspector general shall ensure that the report does not contain
	personally identifiable information of an individual mentioned in
	the report.
	(b)  The summary report must include:
	(1)  a summary of the activities performed during an
	investigation for which the inspector general provided assistance;
	(2)  a statement regarding whether the investigation
	resulted in a finding that an alleged criminal offense was
	committed; and
	(3)  a description of the alleged criminal offense that
	was committed.
	(c)  The inspector general shall deliver the summary report
	to the:
	(1)  executive commissioner;
	(2)  commissioner of the department;
	(3)  commissioner of the Department of Family and
	Protective Services;
	(4)  Aging and Disability Services Council;
	(5)  governor;
	(6)  lieutenant governor;
	(7)  speaker of the house of representatives;
	(8)  standing committees of the senate and house of
	representatives with primary jurisdiction over centers;
	(9)  state auditor;
	(10)  the independent ombudsman and the assistant
	ombudsman for the center involved in the report; and
	(11)  the alleged victim or the alleged victim's
	legally authorized representative.
	(d)  A summary report regarding an investigation is subject
	to required disclosure under Chapter 552, Government Code. All
	information and materials compiled by the inspector general in
	connection with an investigation are confidential, and not subject
	to disclosure under Chapter 552, Government Code, and not subject
	to disclosure, discovery, subpoena, or other means of legal
	compulsion for their release to anyone other than the inspector
	general or the inspector general's employees or agents involved in
	the investigation, except that this information may be disclosed to
	the Department of Family and Protective Services, the office of the
	attorney general, the state auditor's office, and law enforcement
	agencies.
	Sec. 555.103.  ANNUAL STATUS REPORT.  (a)  The inspector
	general shall prepare an annual status report of the inspector
	general's activities under this subchapter. The annual report may
	not contain personally identifiable information of an individual
	mentioned in the report.
	(b)  The annual status report must include information that
	is aggregated and disaggregated by individual center regarding:
	(1)  the number and type of investigations conducted
	with the assistance of the inspector general;
	(2)  the number and type of investigations involving a
	center employee;
	(3)  the relationship of an alleged victim to an
	alleged perpetrator, if any;
	(4)  the number of investigations conducted that
	involve the suicide, death, or hospitalization of an alleged
	victim; and
	(5)  the number of completed investigations in which
	commission of an alleged offense was confirmed or unsubstantiated
	or in which the investigation was inconclusive, and a description
	of the reason that allegations were unsubstantiated or the
	investigation was inconclusive.
	(c)  The inspector general shall submit the annual status
	report to the:
	(1)  executive commissioner;
	(2)  commissioner of the department;
	(3)  commissioner of the Department of Family and
	Protective Services;
	(4)  Aging and Disability Services Council;
	(5)  Family and Protective Services Council;
	(6)  governor;
	(7)  lieutenant governor;
	(8)  speaker of the house of representatives;
	(9)  standing committees of the senate and house of
	representatives with primary jurisdiction over centers;
	(10)  state auditor; and
	(11)  comptroller.
	(d)  An annual status report submitted under this section is
	public information under Chapter 552, Government Code.
	Sec. 555.104.  RETALIATION PROHIBITED.  The department or a
	center may not retaliate against a department employee, a center
	employee, or any other person who in good faith cooperates with the
	inspector general under this subchapter.
	SECTION 23.  Section 40.001, Human Resources Code, is
	amended by adding Subdivision (6) to read as follows:
	(6)  "State supported living center" has the meaning
	assigned by Section 531.002, Health and Safety Code.
	SECTION 24.  Subsection (b), Section 40.0315, Human
	Resources Code, is amended to read as follows:
	(b)  An investigator in the unit shall determine whether an
	elderly or disabled person who is the subject of a report made under
	Section 48.051(a) may have suffered from abuse, neglect, or
	exploitation as a result of the criminal conduct of another
	person.  If the investigator determines that criminal conduct may
	have occurred, the investigator shall immediately notify:
	(1)  the commission's office of inspector general if
	the disabled person who is the subject of the report resides in a
	state supported living center or the ICF-MR component of the Rio
	Grande State Center; or
	(2)  the appropriate law enforcement agency.
	SECTION 25.  Subchapter A, Chapter 48, Human Resources Code,
	is amended by adding Section 48.007 to read as follows:
	Sec. 48.007.  MEMORANDUM OF UNDERSTANDING REGARDING CERTAIN
	ABUSE, NEGLECT, OR EXPLOITATION INVESTIGATIONS.  The Health and
	Human Services Commission, the department, the Department of Aging
	and Disability Services, the office of independent ombudsman for
	state supported living centers, and the Health and Human Services
	Commission's office of inspector general shall enter into a
	memorandum of understanding regarding investigations of alleged
	abuse, neglect, or exploitation of residents or clients of state
	supported living centers or the ICF-MR component of the Rio Grande
	State Center that delineates the responsibilities of each agency
	under this chapter, Chapter 261, Family Code, and Chapter 555,
	Health and Safety Code, and amend the memorandum of understanding
	as necessary to reflect changes in those responsibilities.  During
	the negotiation of the memorandum of understanding, the agencies
	shall jointly determine whether the forensic training received by
	relevant staff of the Department of Family and Protective Services
	is adequate.  Specifically, the agencies shall assess and, if
	necessary, develop a plan to enhance the ability of department
	staff to identify and report incidences that constitute a potential
	criminal offense.  The Health and Human Services Commission is the
	final arbiter of any dispute regarding the memorandum of
	understanding under this section.
	SECTION 26.  Subsections (a) and (b), Section 48.051, Human
	Resources Code, are amended to read as follows:
	(a)  Except as prescribed by Subsection (b), a person having
	cause to believe that an elderly or disabled person is in the state
	of abuse, neglect, or exploitation, including a disabled person
	receiving services as described by Section 48.252, shall report the
	information required by Subsection (d) immediately to the
	department.
	(b)  If a person has cause to believe that an elderly or
	disabled person, other than a disabled person receiving services as
	described by Section 48.252, has been abused, neglected, or
	exploited in a facility operated, licensed, certified, or
	registered by a state agency [other than the Texas Department of
	Mental Health and Mental Retardation], the person shall report the
	information to the state agency that operates, licenses, certifies,
	or registers the facility for investigation by that agency.
	SECTION 27.  Subsection (a), Section 48.052, Human Resources
	Code, is amended to read as follows:
	(a)  A person commits an offense if the person has cause to
	believe that an elderly or disabled person has been abused,
	neglected, or exploited or is in the state of abuse, neglect, or
	exploitation and knowingly fails to report in accordance with this
	chapter.  An offense under this subsection is a Class A misdemeanor,
	except that the offense is a state jail felony if it is shown on the
	trial of the offense that the disabled person was a person with
	mental retardation who resided in a state supported living center,
	the ICF-MR component of the Rio Grande State Center, or a facility
	licensed under Chapter 252, Health and Safety Code, and the actor
	knew that the disabled person had suffered serious bodily injury as
	a result of the abuse, neglect, or exploitation.
	SECTION 28.  Section 48.1522, Human Resources Code, is
	amended to read as follows:
	Sec. 48.1522.  REPORTS OF CRIMINAL CONDUCT TO LAW
	ENFORCEMENT AGENCY.  (a)  Except as provided by Subsection (b), if
	[If] during the course of the department's or another state agency's
	investigation of reported abuse, neglect, or exploitation a
	caseworker of the department or other state agency, as applicable,
	or the caseworker's supervisor has cause to believe that the
	elderly or disabled person has been abused, neglected, or exploited
	by another person in a manner that constitutes a criminal offense
	under any law, including Section 22.04, Penal Code, the caseworker
	or supervisor shall:
	(1)  immediately notify an appropriate law enforcement
	agency; and
	(2)  provide the law enforcement agency with a copy of
	the investigation report of the department or other state agency,
	as applicable, in a timely manner.
	(b)  If during the course of the department's investigation
	of reported abuse, neglect, or exploitation a caseworker of the
	department or the caseworker's supervisor has cause to believe that
	a disabled person who is a resident or client of a state supported
	living center or the ICF-MR component of the Rio Grande State Center
	has been abused, neglected, or exploited by another person in a
	manner that constitutes a criminal offense under any law, including
	Section 22.04, Penal Code, the caseworker shall immediately notify
	the commission's office of inspector general and promptly provide
	the commission's office of inspector general with a copy of the
	department's investigation report.
	SECTION 29.  The heading to Subchapter F, Chapter 48, Human
	Resources Code, is amended to read as follows:
	SUBCHAPTER F.  INVESTIGATIONS IN CERTAIN [TDMHMR] FACILITIES,
	COMMUNITY CENTERS, AND LOCAL MENTAL HEALTH AND MENTAL RETARDATION
	[MHMR] AUTHORITIES
	SECTION 30.  Section 48.252, Human Resources Code, is
	amended to read as follows:
	Sec. 48.252.  INVESTIGATION OF REPORTS IN CERTAIN [MHMR]
	FACILITIES AND IN COMMUNITY CENTERS.  (a)  The department shall
	receive and investigate reports of the abuse, neglect, or
	exploitation of an individual with a disability receiving services:
	(1)  in:
	(A)  a mental health facility operated by the
	[Texas] Department of State [Mental] Health Services [and Mental
	Retardation]; or
	(B)  a facility licensed under Chapter 252, Health
	and Safety Code;
	(2)  in or from a community center, a local mental
	health authority, or a local mental retardation authority; or
	(3)  through a program providing services to that
	person by contract with a mental health facility operated by the
	[Texas] Department of State [Mental] Health Services [and Mental
	Retardation], a community center, a local mental health authority,
	or a local mental retardation authority.
	(b)  The department shall receive and shall investigate
	reports of the abuse, neglect, or exploitation of an individual
	with a disability receiving services:
	(1)  in a state supported living center or the ICF-MR
	component of the Rio Grande State Center; or
	(2)  through a program providing services to that
	person by contract with a state supported living center or the
	ICF-MR component of the Rio Grande State Center.
	(c)  The department by rule shall define who is "an
	individual with a disability receiving services."
	(d) [(c)]  In this section, "community center," "local
	mental health authority," and "local mental retardation authority"
	have the meanings assigned by Section 531.002, Health and Safety
	Code.
	SECTION 31.  Section 48.254, Human Resources Code, is
	amended to read as follows:
	Sec. 48.254.  FORWARDING OF CERTAIN REPORTS [COMPLETED
	INVESTIGATION REPORT].  In accordance with department rules, the
	[The] department shall forward a copy of the initial intake report
	and a copy of the completed investigation report relating to
	alleged or suspected abuse, neglect, or exploitation to the
	appropriate [a state mental health or mental retardation] facility,
	[a] community center, [a] mental health authority, [a] mental
	retardation authority, or [a] program providing mental health or
	mental retardation services under contract with the [such a]
	facility, community center, or authority[:
	[(1)     a copy of any report the department receives
	relating to alleged or suspected abuse, neglect, or exploitation of
	an individual receiving services from that facility, community
	center, authority, or program; and
	[(2)     a copy of the department's investigation findings
	and report].
	SECTION 32.  Section 48.255, Human Resources Code, is
	amended by amending Subsections (a), (b), (c), and (d) and adding
	Subsection (c-1) to read as follows:
	(a)  The department, the Department of Aging and Disability
	Services, and the [Texas] Department of State [Mental] Health
	Services [and Mental Retardation] shall develop joint rules to
	facilitate investigations in state mental health facilities and
	state supported living centers [mental retardation facilities].
	(b)  The department, the Department of Aging and Disability
	Services, and the [Texas] Department of State [Mental] Health
	Services [and Mental Retardation] by joint rules shall establish
	procedures for resolving disagreements between the department and
	the [Texas] Department of Aging and Disability Services or the
	Department of State [Mental] Health Services [and Mental
	Retardation] concerning the department's investigation findings.
	(c)  The department, the Department of Aging and Disability
	Services, and the [Texas] Department of State [Mental] Health
	Services [and Mental Retardation] shall develop joint rules to
	facilitate investigations in community centers, mental health
	authorities, and mental retardation authorities.
	(c-1)  The executive commissioner shall adopt rules
	regarding investigations in a facility licensed under Chapter 252,
	Health and Safety Code, to ensure that those investigations are as
	consistent as practicable with other investigations conducted
	under this subchapter.
	(d)  A confirmed investigation finding by the department may
	not be changed by a superintendent of a state mental health [or
	mental retardation] facility, by a director of a state supported
	living center, by a director of a community center, or by a mental
	health authority or mental retardation authority.
	SECTION 33.  Section 48.256, Human Resources Code, is
	amended to read as follows:
	Sec. 48.256.  SINGLE TRACKING SYSTEM FOR REPORTS AND
	INVESTIGATIONS.  (a)  The department, [and] the [Texas] Department
	of Aging and Disability Services, and the Department of State
	[Mental] Health Services [and Mental Retardation] shall jointly
	develop and implement a single system to track reports and
	investigations under this subchapter [section].
	(b)  To facilitate implementation of the system, the
	department, [and] the [Texas] Department of Aging and Disability
	Services, and the Department of State [Mental] Health Services [and
	Mental Retardation] shall use appropriate methods of measuring the
	number and outcome of reports and investigations under this
	subchapter [section].
	SECTION 34.  Subsections (a) and (c), Section 48.301, Human
	Resources Code, are amended to read as follows:
	(a)  If the department receives a report of suspected abuse,
	neglect, or exploitation of [under this section relating to] an
	elderly or disabled person, other than a disabled person receiving
	services as described by Section 48.252, in a facility operated,
	licensed, certified, or registered by a state agency [other than
	the Texas Department of Mental Health and Mental Retardation], the
	department shall refer the report to that agency.
	(c)  Each state agency that may receive reports under this
	section[, other than the Texas Department of Mental Health and
	Mental Retardation, that operates, licenses, certifies, or
	registers a facility in which elderly or disabled persons are
	located] shall adopt rules relating to the investigation and
	resolution of reports received under this section.
	SECTION 35.  Subdivisions (1) and (4), Section 48.401, Human
	Resources Code, are amended to read as follows:
	(1)  "Agency" means:
	(A)  an entity licensed under Chapter 142, Health
	and Safety Code; [or]
	(B)  a person exempt from licensing under Section
	142.003(a)(19), Health and Safety Code; or
	(C)  a facility licensed under Chapter 252, Health
	and Safety Code.
	(4)  "Executive director" means the commissioner
	[executive director] of the Department of Family and Protective
	[and Regulatory] Services.
	SECTION 36.  Subchapter C, Chapter 161, Human Resources
	Code, is amended by adding Section 161.0515 to read as follows:
	Sec. 161.0515.  ASSISTANT COMMISSIONER OF STATE SUPPORTED
	LIVING CENTERS. (a)  The commissioner shall employ an assistant
	commissioner of state supported living centers. The assistant
	commissioner must be selected based on education, training,
	experience, and demonstrated ability.
	(b)  The assistant commissioner reports directly to the
	commissioner.
	(c)  The assistant commissioner shall supervise the
	operation of the state supported living centers. As part of that
	duty, the assistant commissioner shall:
	(1)  verify that quality health and medical services
	are being provided in state supported living centers;
	(2)  verify and certify employee qualifications for
	employees of a state supported living center; and
	(3)  work with the commissioner to create
	administrative guidelines for proper implementation of federal and
	state statutory law and judicial decisions.
	(d)  The assistant commissioner shall coordinate with the
	appropriate staff of the Department of State Health Services to
	ensure that the ICF-MR component of the Rio Grande State Center
	implements and enforces state law and rules that apply to the
	operation of state supported living centers.
	(e)  The assistant commissioner shall consult with the
	appropriate staff at the Department of State Health Services to
	ensure that an individual with a dual diagnosis of mental illness
	and mental retardation who is a resident of a state supported living
	center or the ICF-MR component of the Rio Grande State Center is
	provided with appropriate care and treatment.
	SECTION 37.  Subchapter D, Chapter 161, Human Resources
	Code, is amended by adding Sections 161.076 and 161.077 to read as
	follows:
	Sec. 161.076.  ON-SITE SURVEYS OF CERTAIN PROVIDERS.  At
	least every 12 months, the department shall conduct an unannounced
	on-site survey in each group home, other than a foster home, at
	which a Home and Community-based Services (HCS) provider provides
	services.
	Sec. 161.077.  INVESTIGATION DATABASE.  (a)  The
	department, in consultation with the Department of Family and
	Protective Services, shall develop and maintain an electronic
	database to collect and analyze information regarding the
	investigation and prevention of abuse, neglect, and exploitation of
	individuals with mental retardation who reside in a publicly or
	privately operated intermediate care facility for persons with
	mental retardation or in a group home, other than a foster home, at
	which a Home and Community-based Services (HCS) provider provides
	services and the results of regulatory investigations or surveys
	performed by the department regarding those facilities or
	providers.
	(b)  The information collected in the database regarding
	investigations must be detailed, be easily retrievable, and include
	information relating to abuse, neglect, and exploitation
	investigations performed by either department and regulatory
	investigations performed by the department that are capable of
	being sorted by home, provider, and facility.
	(c)  The database must facilitate the entry of required
	information and the sharing of information between the department
	and the Department of Family and Protective Services. At a minimum,
	the database must include the following information regarding
	investigations of abuse, neglect, or exploitation:
	(1)  the number of allegations of abuse, neglect, or
	exploitation received relating to a facility or group home, other
	than a foster home; and
	(2)  the number of allegations relating to a facility
	or group home, other than a foster home, substantiated through an
	investigation.
	(d)  Each allegation involving a unique individual in a
	facility or group home, other than a foster home, is considered a
	separate allegation for purposes of Subsection (c).
	(e)  The department shall ensure that information related to
	findings concerning failure to comply with regulatory standards
	directly related to the prevention of abuse, neglect, or
	exploitation in a facility or group home, other than a foster home,
	is collected and stored in the database and may be disaggregated by
	home, provider, and facility.
	(f)  The department and the Department of Family and
	Protective Services may not release or distribute information in
	the database in a form that contains personally identifiable
	information related to an individual in a facility or group home or
	to a victim of abuse, neglect, or exploitation.
	SECTION 38.  Subsection (f), Section 22.04, Penal Code, is
	amended to read as follows:
	(f)  An offense under Subsection (a)(3) or (a-1)(3) or (4) is
	a felony of the third degree when the conduct is committed
	intentionally or knowingly, except that an offense under Subsection
	(a)(3) is a felony of the second degree when the conduct is
	committed intentionally or knowingly and the victim is a disabled
	individual residing in a center, as defined by Section 555.001,
	Health and Safety Code, or in a facility licensed under Chapter 252,
	Health and Safety Code, and the actor is an employee of the center
	or facility whose employment involved providing direct care for the
	victim.  When the conduct is engaged in recklessly, the offense is
	a state jail felony.
	SECTION 39.  (a)  Sections 252.123, 252.124, 252.127,
	252.128, 252.129, 252.130, and 252.131, Health and Safety Code, are
	repealed.
	(b)  Subsection (c), Section 5, Chapter 693 (S.B. 1248), Acts
	of the 75th Legislature, Regular Session, 1997, is repealed.
	SECTION 40.  The changes in law made by Article 38.072, Code
	of Criminal Procedure, as amended by this Act, and Section 54.031,
	Family Code, as amended by this Act, apply only to a criminal
	proceeding that commences on or after the effective date of this
	Act.  A criminal proceeding that commences before the effective
	date of this Act is governed by the law in effect when the
	proceeding commenced, and the former law is continued in effect for
	that purpose.
	SECTION 41.  Subchapter L, Chapter 29, Education Code, as
	added by this Act, applies beginning with the school year in which
	the Department of Aging and Disability Services begins operating
	the Mexia State Supported Living Center as the forensic state
	supported living center as required by Section 555.002, Health and
	Safety Code, as added by this Act.
	SECTION 42.  (a)  Not later than December 1, 2009, the
	Health and Human Services Commission, the Department of Family and
	Protective Services, the Department of Aging and Disability
	Services, the office of independent ombudsman for state supported
	living centers, and the Health and Human Services Commission's
	office of inspector general shall enter into a memorandum of
	understanding as required by Section 48.007, Human Resources Code,
	as added by this Act.
	(b)  Notwithstanding any other provision of this Act, the
	changes in law made by this Act relating to the investigation of
	suspected abuse, neglect, or exploitation involving a state
	supported living center or the ICF-MR component of the Rio Grande
	State Center apply only to a report of suspected abuse, neglect, or
	exploitation involving a state supported living center or the
	ICF-MR component of the Rio Grande State Center that is made on or
	after January 1, 2010.
	(c)  Notwithstanding any other provision of this Act, the
	changes in law made by this Act relating to the investigation of
	suspected abuse, neglect, or exploitation involving a facility
	licensed under Chapter 252, Health and Safety Code, apply only to a
	report of suspected abuse, neglect, or exploitation involving a
	facility licensed under Chapter 252, Health and Safety Code, that
	is made on or after June 1, 2010.
	SECTION 43.  (a)  The Interim Select Committee on Criminal
	Commitments of Individuals with Mental Retardation is established
	to study the criminal commitment process for individuals with
	mental retardation who are found incompetent to stand trial or are
	acquitted by reason of insanity. The committee's study must
	include an analysis of:
	(1)  the advantages and disadvantages of the existing
	system for criminal commitments of individuals with mental
	retardation or individuals with a dual diagnosis of mental illness
	and mental retardation who are found incompetent to stand trial or
	are acquitted by reason of insanity;
	(2)  the number of individuals with mental retardation
	who are criminally committed on an annual basis and the number of
	individuals with mental retardation who are found to be violent or
	dangerous through the criminal commitment process;
	(3)  whether the criminal commitment process should be
	modified to provide for the commitment of certain individuals with
	mental retardation who are found to be violent or dangerous to a
	mental retardation facility instead of to a mental health facility;
	and
	(4)  the costs associated with modifying the criminal
	commitment process as described by Subdivision (3) of this
	subsection.
	(b)  The committee is composed of six members as follows:
	(1)  the chairs of the following standing committees of
	the house of representatives:
	(A)  criminal jurisprudence;
	(B)  human services; and
	(C)  public health; and
	(2)  the chairs of the following standing committees of
	the senate:
	(A)  criminal justice;
	(B)  health and human services; and
	(C)  state affairs.
	(c)  The co-presiding officers of the committee are the chair
	of the Senate Committee on Health and Human Services and the chair
	of the House Committee on Human Services.
	(d)  The committee has all other powers and duties provided
	to a special or select committee by the rules of the senate and
	house of representatives, by Subchapter B, Chapter 301, Government
	Code, and by policies of the senate and house committees on
	administration.
	(e)  From the contingent expense fund of the senate and the
	contingent expense fund of the house of representatives equally,
	the members of the committee are entitled to reimbursement for
	expenses incurred in carrying out this section in accordance with
	the rules of the senate and house of representatives and the
	policies of the senate and house committees on administration.
	(f)  Not later than December 1, 2010, the committee shall
	report the committee's findings and recommendations resulting from
	the study to the governor, lieutenant governor, speaker of the
	house of representatives, and members of the legislature.
	SECTION 44.  The Department of Aging and Disability Services
	shall evaluate and determine the types of training that an employee
	or owner of a facility licensed by the department under Chapter 252,
	Health and Safety Code, or an employee or owner of a provider
	licensed or certified by the department as a Section 1915(c) waiver
	program provider needs and whether that training is available. Not
	later than December 1, 2010, the department shall provide a report
	to the governor, lieutenant governor, speaker of the house of
	representatives, and chairs of the standing committees of the
	senate and house of representatives with primary jurisdiction
	regarding persons with mental retardation regarding:
	(1)  the types of training required by federal law;
	(2)  the types of training identified as necessary by
	the department;
	(3)  the availability of that training in this state;
	and
	(4)  recommended legislation or actions necessary to
	ensure the appropriate training is received by the persons
	described by this section.
	SECTION 45.  On the effective date of this Act, an individual
	who is an employee of the Department of Aging and Disability
	Services and who performs duties primarily related to consumer
	rights and services at state schools is required to reapply for an
	employment position with the department and may apply for a
	position as an assistant independent ombudsman.
	SECTION 46.  (a)  The commissioner of the Department of
	Aging and Disability Services shall employ an assistant
	commissioner of state supported living centers as soon as possible
	after the effective date of Section 161.0515, Human Resources Code,
	as added by this Act.  On the date the assistant commissioner is
	employed, the position of section director over state schools is
	eliminated.
	(b)  As soon as practicable after the effective date of this
	Act, the Department of Aging and Disability Services shall develop
	the database required by Section 161.077, Human Resources Code, as
	added by this Act.
	(c)  Not later than December 1, 2009, the Health and Human
	Services Commission's office of inspector general shall begin
	employing and commissioning peace officers as required by Section
	555.101, Health and Safety Code, as added by this Act.
	(d)  Not later than December 1, 2009, the executive
	commissioner of the Health and Human Services Commission shall
	contract for mortality review services as required by Subchapter U,
	Chapter 531, Government Code, as added by this Act.
	(e)  Not later than September 1, 2009, the governor shall
	appoint the independent ombudsman as required by Section 555.053,
	Health and Safety Code, as added by this Act.
	(f)  Not later than September 1, 2010, the executive
	commissioner of the Health and Human Services Commission shall
	require the Department of Aging and Disability Services, and any
	facility the department licenses under Chapter 252, Health and
	Safety Code, to conduct a criminal history check on each employee
	and shall require the department or licensed facility to discharge
	any person whose criminal history check reveals a conviction of an
	offense that bars employment under Chapter 250, Health and Safety
	Code.
	(g)  Not later than January 1, 2010, the Department of Aging
	and Disability Services shall develop the training required by
	Section 555.024, Health and Safety Code, as added by this Act.
	(h)  The Department of Aging and Disability Services shall
	ensure that each center employee and direct care employee receives
	the training required by Section 555.024, Health and Safety Code,
	as added by this Act, regardless of when the employee was hired, not
	later than September 1, 2010.
	(i)  Not later than September 1, 2011, the Department of
	Aging and Disability Services shall begin operating the Mexia State
	Supported Living Center as the forensic state supported living
	center as required by Section 555.002, Health and Safety Code, as
	added by this Act.
	SECTION 47.  (a)  Not later than September 1, 2011, the
	Department of Aging and Disability Services shall ensure that an
	interdisciplinary team has completed a determination in the manner
	provided by Section 555.003, Health and Safety Code, as added by
	this Act, for each alleged offender resident residing in a state
	supported living center or the ICF-MR component of the Rio Grande
	State Center on the effective date of this Act.
	(b)  An alleged offender resident for whom a determination is
	completed in accordance with Subsection (a) of this section and who
	is classified as a high-risk alleged offender resident is entitled
	to:
	(1)  an administrative hearing and appeal provided by
	Section 555.003, Health and Safety Code, as added by this Act,
	regarding that determination and classification; and
	(2)  an administrative hearing regarding the resident's
	proposed transfer to the forensic state supported living center as
	provided by Section 594.014, Health and Safety Code.
	(c)  The Department of Aging and Disability Services may not
	transfer an alleged offender resident residing in a state supported
	living center or the ICF-MR component of the Rio Grande State Center
	on the effective date of this Act to the forensic state supported
	living center while the resident is pursuing the administrative
	remedies listed in Subsection (b) of this section.
	(d)  Except as provided by Subsection (c) of this section,
	the Department of Aging and Disability Services shall transfer an
	alleged offender resident classified as a high-risk alleged
	offender resident to the forensic state supported living center on
	the date the Mexia State Supported Living Center begins operating
	as the forensic state supported living center, or as soon as
	possible after that date.
	(e)  This section expires September 1, 2013.
	SECTION 48.  (a)  The changes in law made by this Act to
	Section 261.109, Family Code, Section 48.052, Human Resources Code,
	and Section 22.04, Penal Code, apply only to an offense committed on
	or after the effective date of this Act. An offense committed
	before the effective date of this Act is governed by the law in
	effect when the offense was committed, and the former law is
	continued in effect for that purpose. For purposes of this section,
	an offense was committed before the effective date of this Act if
	any element of the offense occurred before that date.
	(b)  Section 411.1144, Government Code, as added by this Act,
	and Section 555.021, Health and Safety Code, as added by this Act,
	apply only to background and criminal history checks performed on
	or after the effective date of this Act.
	(c)  The change in law made by Subsection (e), Section
	551.022, Health and Safety Code, as added by this Act, and the
	change in law made by Section 551.0225, Health and Safety Code, as
	added by this Act, apply to the dismissal of an officer, teacher, or
	other employee of a state developmental center hired before, on, or
	after the effective date of this Act.
	SECTION 49.  If before implementing any provision of this
	Act a state agency determines that a waiver or authorization from a
	federal agency is necessary for implementation of that provision,
	the agency affected by the provision shall request the waiver or
	authorization and may delay implementing that provision until the
	waiver or authorization is granted.
	SECTION 50.  This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect September 1, 2009.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 643 passed the Senate on
	March 9, 2009, by the following vote: Yeas 30, Nays 0; and that
	the Senate concurred in House amendments on May 29, 2009, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 643 passed the House, with
	amendments, on May 19, 2009, by the following vote: Yeas 143,
	Nays 0, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor