Bill Text: TX HB965 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to updating references to certain former health services state agencies and certain terms used to describe persons with intellectual or developmental disabilities in the Education Code.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB965 Detail]
Download: Texas-2019-HB965-Comm_Sub.html
Bill Title: Relating to updating references to certain former health services state agencies and certain terms used to describe persons with intellectual or developmental disabilities in the Education Code.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB965 Detail]
Download: Texas-2019-HB965-Comm_Sub.html
86R2281 TSS-D | ||
By: González of El Paso, Moody | H.B. No. 965 |
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relating to updating references to certain former health services | ||
state agencies and certain terms used to describe persons with | ||
intellectual or developmental disabilities in the Education Code. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 25.041, Education Code, is amended to | ||
read as follows: | ||
Sec. 25.041. TRANSFER OF CHILDREN OR WARDS OF EMPLOYEES OF | ||
STATE SUPPORTED LIVING CENTERS [ |
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ward of an employee of a state supported living center [ |
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persons with intellectual disabilities [ |
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constituted as a school district who resides in the boundaries of | ||
center [ |
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center [ |
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adjacent to the center [ |
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child's or ward's parent or guardian provided the parent or guardian | ||
is required by the superintendent of the center [ |
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live on the grounds of the center [ |
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of this state. A tuition charge required by the admitting district | ||
shall be paid by the district constituting the state supported | ||
living center [ |
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SECTION 2. Section 29.003(b), Education Code, is amended to | ||
read as follows: | ||
(b) A student is eligible to participate in a school | ||
district's special education program if the student: | ||
(1) is not more than 21 years of age and has a visual or | ||
auditory impairment that prevents the student from being adequately | ||
or safely educated in public school without the provision of | ||
special services; or | ||
(2) is at least three but not more than 21 years of age | ||
and has one or more of the following disabilities that prevents the | ||
student from being adequately or safely educated in public school | ||
without the provision of special services: | ||
(A) physical disability; | ||
(B) intellectual or developmental disability | ||
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(C) emotional disturbance; | ||
(D) learning disability; | ||
(E) autism; | ||
(F) speech disability; or | ||
(G) traumatic brain injury. | ||
SECTION 3. Section 29.012(d), Education Code, is amended to | ||
read as follows: | ||
(d) The Texas Education Agency, the Health and Human | ||
Services Commission [ |
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the Texas Juvenile Justice Department by a cooperative effort shall | ||
develop and by rule adopt a memorandum of understanding. The | ||
memorandum must: | ||
(1) establish the respective responsibilities of | ||
school districts and of residential facilities for the provision of | ||
a free, appropriate public education, as required by the | ||
Individuals with Disabilities Education Act (20 U.S.C. Section 1400 | ||
et seq.) and its subsequent amendments, including each requirement | ||
for children with disabilities who reside in those facilities; | ||
(2) coordinate regulatory and planning functions of | ||
the parties to the memorandum; | ||
(3) establish criteria for determining when a public | ||
school will provide educational services; | ||
(4) provide for appropriate educational space when | ||
education services will be provided at the residential facility; | ||
(5) establish measures designed to ensure the safety | ||
of students and teachers; and | ||
(6) provide for binding arbitration consistent with | ||
Chapter 2009, Government Code, and Section 154.027, Civil Practice | ||
and Remedies Code. | ||
SECTION 4. Section 29.456(b), Education Code, is amended to | ||
read as follows: | ||
(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 intellectual and | ||
developmental disability [ |
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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. | ||
SECTION 5. Section 29.457(b), Education Code, is amended to | ||
read as follows: | ||
(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 intellectual and developmental | ||
disabilities [ |
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member of the legislature whose district contains any portion of | ||
the territory included in the school. | ||
SECTION 6. Section 30.0015(b), Education Code, is amended | ||
to read as follows: | ||
(b) The agency by rule shall develop and annually | ||
disseminate standards for a school district's transfer of an | ||
assistive technology device to an entity listed in this subsection | ||
when a student with a disability using the device changes the school | ||
of attendance in the district or ceases to attend school in the | ||
district that purchased the device and the student's parents, or | ||
the student if the student has the legal capacity to enter into a | ||
contract, agrees to the transfer. The device may be transferred to: | ||
(1) the school or school district in which the student | ||
enrolls; | ||
(2) a state agency, including the Health and Human | ||
Services Commission [ |
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services to the student following the student's graduation from | ||
high school; or | ||
(3) the student's parents, or the student if the | ||
student has the legal capacity to enter into a contract. | ||
SECTION 7. Section 52.40(a), Education Code, is amended to | ||
read as follows: | ||
(a) The board may cancel the repayment of a loan received by | ||
a student who earns a doctorate of psychology degree and who, prior | ||
to the date on which repayment of the loan is to commence, is | ||
employed by the Department of Aging and Disability Services, the | ||
Department of State Health Services, or the Health and Human | ||
Services Commission and performs duties formerly performed by | ||
employees of the Texas Department of Human Services [ |
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Juvenile Justice Department, [ |
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Justice, or any other former state agency that provided services to | ||
persons with mental illness, persons with intellectual | ||
disabilities, or persons with developmental disabilities. | ||
SECTION 8. Section 73.401, Education Code, is amended to | ||
read as follows: | ||
Sec. 73.401. ESTABLISHMENT. The Harris County Psychiatric | ||
Center has been developed and built by Harris County, Texas, and a | ||
former state agency that provided services to persons with mental | ||
illness, persons with intellectual disabilities, and persons with | ||
developmental disabilities [ |
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Psychiatric Center to be operated by The University of Texas System | ||
shall be operated consistent with the rules and regulations of the | ||
board of regents and with the provisions of this subchapter. | ||
SECTION 9. Section 73.403, Education Code, is amended to | ||
read as follows: | ||
Sec. 73.403. OPERATION OF COMMITMENT CENTER. Harris | ||
County, the Harris Center for Mental Health and IDD, or both of | ||
those entities, [ |
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the Harris County Psychiatric Center a commitment center, the | ||
functions of which may include patient screening, intake, and | ||
admissions (both voluntary and involuntary) to the Harris County | ||
Psychiatric Center as may be provided for in a lease [ |
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agreement as authorized under Section 73.405 [ |
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functions of the Harris County Psychiatric Commitment Center | ||
located on the premises of the Harris County Psychiatric Center | ||
both in terms of operation and in terms of funding shall not be the | ||
responsibility of the Health and Human Services Commission [ |
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University of Texas System. As may be provided for in a lease | ||
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operating agreement, The University of Texas System may charge for | ||
any support services provided by the Harris County Psychiatric | ||
Center to the commitment center. | ||
SECTION 10. Section 73.404, Education Code, is amended to | ||
read as follows: | ||
Sec. 73.404. FUNDING. (a) Funding for the state-supported | ||
facilities and operations of the Harris County Psychiatric Center | ||
shall be provided through legislative appropriations to the Health | ||
and Human Services Commission [ |
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any appropriations to the commission [ |
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County Psychiatric Center shall be transferred to The University of | ||
Texas System in accordance with the General Appropriations Act and | ||
the lease [ |
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operating agreement provided for in Section 73.405 [ |
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Legislative appropriations may be for any further construction at | ||
the Harris County Psychiatric Center; for equipment, both fixed | ||
and movable; for utilities, including data processing and | ||
communications; for maintenance, repairs, renovations, and | ||
additions; for any damage or destruction; and for operations of | ||
the Harris County Psychiatric Center; provided, however, that as | ||
to funding for Harris County Psychiatric Center operations, | ||
legislative appropriations shall not exceed 85 percent of the total | ||
operating costs of the entire Harris County Psychiatric Center, | ||
exclusive of any costs of the commitment center. | ||
(b) Any funding, under a lease [ |
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operating agreement or sublease and operating agreement wherein The | ||
University of Texas System is the lessee, for [ |
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County Psychiatric Center supported by the county or the Health and | ||
Human Services Commission, which may be provided through county | ||
appropriations, including funds made available by the Harris Center | ||
for Mental Health and IDD [ |
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transferred in accordance with the lease [ |
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operating agreement or sublease and operating agreement provided | ||
for in Section 73.405 [ |
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further construction at the Harris County Psychiatric Center; for | ||
equipment, both fixed and movable; for utilities, including data | ||
processing and communications; for maintenance, repairs, | ||
renovations, and additions; for any damage or destruction; and for | ||
Harris County Psychiatric Center operations which latter funding | ||
may be proportional to the total costs of The University of Texas | ||
System operating the entire Harris County Psychiatric Center, | ||
exclusive of any additional cost incurred by [ |
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the Health and Human Services Commission for [ |
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operating the commitment center, which costs shall remain the sole | ||
responsibility of the entity or entities that incurred those costs | ||
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SECTION 11. Sections 73.405(a) and (d), Education Code, are | ||
amended to read as follows: | ||
(a) The state-supported facilities of the Harris County | ||
Psychiatric Center shall be leased to and operated and administered | ||
by The University of Texas System in accordance with a lease and | ||
operating agreement. The [ |
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Center for Mental Health and IDD, exclusive of the commitment | ||
center, may be leased or [ |
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Texas System in the same lease [ |
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agreement or sublease and operating agreement. Any lease [ |
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agreement shall provide for a lease payment by The University of | ||
Texas System of no more than $1 per year plus other good and | ||
valuable consideration as provided for in Section 73.406 [ |
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(d) Any lease [ |
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sublease and operating agreement shall provide that The University | ||
of Texas System shall cause the Harris County Psychiatric Center to | ||
be operated in accordance with the standards for accreditation of | ||
The [ |
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all financial transactions and performance programs may be | ||
appropriately audited; that an admission, discharge, and transfer | ||
coordination policy be established; that appropriate patient data | ||
be made available to the Health and Human Services Commission, the | ||
Harris Center for Mental Health and IDD [ |
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the county, including but not limited to diagnosis and lengths of | ||
stay; and that a priority of patient treatment policy be | ||
established. | ||
SECTION 12. Section 73.406, Education Code, is amended to | ||
read as follows: | ||
Sec. 73.406. REVENUES. That portion of any revenues | ||
related to the provision of patient services through the operation | ||
of the Harris County Psychiatric Center facilities that are leased | ||
or [ |
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be accounted for and expended in accordance with the rules, | ||
regulations, and bylaws of The University of Texas System and in | ||
such manner that such revenues will reduce appropriated and funded | ||
requirements by both the state and county or the Harris Center for | ||
Mental Health and IDD [ |
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provided for in a lease [ |
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or sublease and operating agreement. | ||
SECTION 13. Section 73.501, Education Code, is amended to | ||
read as follows: | ||
Sec. 73.501. TRANSFER AND LEASE OF FACILITIES. (a) The | ||
governance, operation, management, and control of the Texas | ||
Research Institute of Mental Sciences [ |
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improvements thereon, and major fixed equipment comprising said | ||
institute shall be leased from the Health and Human Services | ||
Commission or a former state agency that provided services to | ||
persons with mental illness, persons with intellectual | ||
disabilities, and persons with developmental disabilities [ |
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to the board of regents of The University of Texas System for $1 a | ||
year and shall be subject to the provisions of [ |
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(b) All land, buildings, and improvements thereon and major | ||
fixed equipment comprising said institute leased by The University | ||
of Texas System shall be utilized only for purposes of patient care | ||
services, research, and education related to mental health, | ||
intellectual disability, and developmental disability [ |
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state agency that provided services to persons with mental illness, | ||
persons with intellectual disabilities, and persons with | ||
developmental disabilities [ |
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buildings, improvements thereon, or major fixed equipment provided | ||
that the proceeds from the sale or other disposition shall be used | ||
for the same purposes in Harris County; and further provided, that | ||
the board of regents of The University of Texas System, prior to | ||
such sale or other disposition, has approved of such sale or | ||
disposition and the allocation of proceeds. | ||
SECTION 14. Section 73.502, Education Code, is amended to | ||
read as follows: | ||
Sec. 73.502. TRANSFER OF GIFTS, GRANTS, UNEXPENDED | ||
BALANCES, CONTRACTS, AND OBLIGATIONS. Any gifts, grants, | ||
unexpended balances of appropriated or unappropriated funds, and | ||
all movable equipment that was held by a former state agency that | ||
provided services to persons with mental illness, persons with | ||
intellectual disabilities, and persons with developmental | ||
disabilities or that was transferred to the Health and Human | ||
Services Commission on dissolution of that former agency and was | ||
held [ |
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for, on behalf of, or for the use and benefit of the Texas Research | ||
Institute of Mental Sciences are hereby transferred to The | ||
University of Texas System; provided, however, that all previously | ||
appropriated funds for statewide training of [ |
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personnel and program evaluation by the institute shall be retained | ||
by the Health and Human Services Commission [ |
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contracts and written obligations of every kind and character | ||
entered into by a former state agency that provided services to | ||
persons with mental illness, persons with intellectual | ||
disabilities, and persons with developmental disabilities [ |
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on behalf of the Texas Research Institute of Mental Sciences are | ||
ratified, confirmed, and validated, and in all such contracts and | ||
written obligations, the board of regents of The University of | ||
Texas System is substituted in lieu and shall stand and act in place | ||
and stead of the former state agency that provided services to | ||
persons with mental illness, persons with intellectual | ||
disabilities, and persons with developmental disabilities [ |
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however, that an advisory committee shall be established with | ||
regard to research protocols and the executive commissioner of the | ||
Health and Human Services Commission [ |
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member; provided further, that The University of Texas System may | ||
contract with the commission [ |
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and other laboratory consultative services. The Health and Human | ||
Services Commission [ |
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outpatient care of the patients and programs operated at the Texas | ||
Research Institute of Mental Sciences and may contract for the | ||
provision of such services in accordance with the provisions of and | ||
appropriations provided in the General Appropriations Act. | ||
SECTION 15. Sections 73.503(a) and (h), Education Code, are | ||
amended to read as follows: | ||
(a) Present institute personnel shall be allowed to apply | ||
for employment with The University of Texas System, Harris County, | ||
or the Harris Center for Mental Health and IDD [ |
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priority consideration for such employment. | ||
(h) The Employees Retirement System, the Health and Human | ||
Services Commission [ |
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Teacher Retirement System with information necessary to establish | ||
employees' rights to credit under this section. The Employees | ||
Retirement System and the Teacher Retirement System shall establish | ||
procedures to prevent duplication of retirement credit for the same | ||
service. | ||
SECTION 16. This Act takes effect September 1, 2019. |