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