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  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