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AN ACT
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relating to transitional living assistance and appropriate care |
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settings for children with disabilities who reside in general |
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residential operations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.0244, Government Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) For purposes of determining the appropriateness of |
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transfers under Subsection (b)(3) and developing the strategies |
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required by Subsection (b)(4), a health and human services agency |
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shall presume the eligibility of a child residing in a general |
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residential operation, as defined by Section 42.002, Human |
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Resources Code, for transfer to an appropriate community-based |
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setting. |
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SECTION 2. Subdivision (1), Subsection (a), Section |
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531.059, Government Code, is amended to read as follows: |
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(1) "Institutional housing" means: |
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(A) an ICF-MR, as defined by Section 531.002, |
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Health and Safety Code; |
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(B) a nursing facility; |
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(C) a state hospital, state school, or state |
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center maintained and managed by the Texas Department of Mental |
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Health and Mental Retardation; [or] |
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(D) an institution for the mentally retarded |
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licensed or operated by the Department of Family and Protective |
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[and Regulatory] Services; or |
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(E) a general residential operation, as defined |
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by Section 42.002, Human Resources Code. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 49 passed the Senate on |
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March 21, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 49 passed the House on |
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May 17, 2013, by the following vote: Yeas 132, Nays 2, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |