H.B. No. 748
 
 
 
 
AN ACT
  relating to the provision of services to certain individuals with
  developmental disabilities by a state school or state center.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 161, Human Resources Code,
  is amended by adding Section 161.077 to read as follows:
         Sec. 161.077.  CONTRACTS FOR SERVICES FOR INDIVIDUALS WITH
  DEVELOPMENTAL DISABILITIES.  (a)  A person that provides disability
  services may contract with a state school or state center for the
  school or center to provide services and resources to support
  individuals with developmental disabilities, including individuals
  with dual diagnosis disorders.
         (b)  Notwithstanding any other law, a state school or state
  center may provide nonresidential services to support an individual
  if:
               (1)  the individual:
                     (A)  is receiving services in a program funded by
  the department;
                     (B)  meets the eligibility criteria for the
  intermediate care facility for persons with mental retardation
  program; and
                     (C)  resides in the area in which the state school
  or state center is located; and
               (2)  the provision of services to the individual does
  not interfere with the provision of services to a resident of the
  state school or state center.
         SECTION 2.  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 3.  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 certify that H.B. No. 748 was passed by the House on April
  2, 2009, by the following vote:  Yeas 145, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 748 on May 29, 2009, by the following vote:  Yeas 142, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 748 was passed by the Senate, with
  amendments, on May 26, 2009, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor