Bill Text: TX SB49 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to transitional living assistance and appropriate care settings for children with disabilities who reside in general residential operations.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-06-14 - Effective immediately [SB49 Detail]
Download: Texas-2013-SB49-Enrolled.html
S.B. No. 49 |
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relating to transitional living assistance and appropriate care | ||
settings for children with disabilities who reside in general | ||
residential operations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
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 | ||
setting. | ||
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; [ |
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(D) an institution for the mentally retarded | ||
licensed or operated by the Department of Family and Protective | ||
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(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 | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |