S.B. No. 49
  relating to transitional living assistance and appropriate care
  settings for children with disabilities who reside in general
  residential operations.
         SECTION 1.  Section 531.0244, Government Code, is amended by
  adding Subsection (c-1) to read as follows:
         (c-1)  For purposes of determining the appropriateness of
  transfers under Subsection (b)(3) and developing the strategies
  required by Subsection (b)(4), a health and human services agency
  shall presume the eligibility of a child residing in a general
  residential operation, as defined by Section 42.002, Human
  Resources Code, for transfer to an appropriate community-based
         SECTION 2.  Subdivision (1), Subsection (a), Section
  531.059, Government Code, is amended to read as follows:
               (1)  "Institutional housing" means:
                     (A)  an ICF-MR, as defined by Section 531.002,
  Health and Safety Code;
                     (B)  a nursing facility;
                     (C)  a state hospital, state school, or state
  center maintained and managed by the Texas Department of Mental
  Health and Mental Retardation; [or]
                     (D)  an institution for the mentally retarded
  licensed or operated by the Department of Family and Protective
  [and Regulatory] Services; or
                     (E)  a general residential operation, as defined
  by Section 42.002, Human Resources Code.
         SECTION 3.  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 4.  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, 2013.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 49 passed the Senate on
  March 21, 2013, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 49 passed the House on
  May 17, 2013, by the following vote:  Yeas 132, Nays 2, two
  present not voting.
  Chief Clerk of the House