Bill Text: TX SB602 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the establishment of a restructuring commission to evaluate each state supported living center.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2017-05-12 - Referred to Human Services [SB602 Detail]
Download: Texas-2017-SB602-Engrossed.html
| By: Hinojosa, et al. | S.B. No. 602 | |
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| relating to the establishment of a restructuring commission to | ||
| evaluate each state supported living center. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 555, Health and Safety Code, is amended | ||
| by adding Subchapters F and G to read as follows: | ||
| SUBCHAPTER F. STATE SUPPORTED LIVING CENTER RESTRUCTURING AND | ||
| CLOSURES | ||
| Sec. 555.201. STATE SUPPORTED LIVING CENTER RESTRUCTURING | ||
| COMMISSION. (a) In this subchapter: | ||
| (1) "Restructuring commission" means the state | ||
| supported living center restructuring commission. | ||
| (2) "Section 1915(c) waiver program" has the meaning | ||
| assigned by Section 533A.031. | ||
| (b) The restructuring commission consists of five members | ||
| appointed by the governor and the following three nonvoting ex | ||
| officio members: | ||
| (1) the executive commissioner of the Health and Human | ||
| Services Commission or the executive commissioner's designee; | ||
| (2) the executive director of the Texas Facilities | ||
| Commission or the executive director's designee; and | ||
| (3) the commissioner of the General Land Office or the | ||
| commissioner's designee. | ||
| (c) The restructuring commission is established to ensure | ||
| that the state maintains only the number of state supported living | ||
| centers necessary to meet the level of need for those centers in | ||
| this state. The restructuring commission shall evaluate each state | ||
| supported living center to determine whether to recommend the | ||
| center be consolidated with another center, downsized, repurposed, | ||
| or closed. The restructuring commission may not recommend the | ||
| closure of more than five centers. | ||
| (d) The restructuring commission must visit each state | ||
| supported living center in the course of making the restructuring | ||
| commission's evaluations and determinations. In evaluating a state | ||
| supported living center, the restructuring commission shall | ||
| consider: | ||
| (1) the quality of services provided by the center, | ||
| including the center's most recent certification inspections and | ||
| the center's ability to meet the minimum ICF-IID standards; | ||
| (2) the costs of operating the center; | ||
| (3) the center's compliance with the 2009 settlement | ||
| agreement between the Department of Aging and Disability Services | ||
| and the United States Department of Justice regarding services | ||
| provided to individuals with intellectual and developmental | ||
| disabilities in state-operated facilities; | ||
| (4) the availability and capacity of community service | ||
| providers in this state; | ||
| (5) the ability of the center to serve alleged | ||
| offenders or high-risk residents; | ||
| (6) the staff turnover rates for center employees and | ||
| the availability of employment opportunities for center employees | ||
| if the center is closed, repurposed, downsized, or consolidated; | ||
| (7) any infrastructure deficiency costs relating to | ||
| the center; | ||
| (8) whether closing, repurposing, downsizing, or | ||
| consolidating the center would adversely affect the geographic | ||
| distribution of centers and community providers in the state; | ||
| (9) the availability and capacity of service providers | ||
| throughout the state and resources in the community capable of | ||
| delivering the quality and level of care each resident of the center | ||
| would require following the closing, repurposing, downsizing, or | ||
| consolidating of the center; | ||
| (10) input from: | ||
| (A) residents of the center; | ||
| (B) parents, guardians, and relatives of | ||
| residents of the center; and | ||
| (C) individuals and relatives of individuals on | ||
| an interest list to receive assistance under a Section 1915(c) | ||
| waiver program; and | ||
| (11) any other criteria the restructuring commission | ||
| considers appropriate. | ||
| (e) Not later than December 1, 2018, the restructuring | ||
| commission shall submit to the governor, the lieutenant governor, | ||
| the speaker of the house of representatives, and the presiding | ||
| officers of the standing committees of the senate and house of | ||
| representatives having primary jurisdiction over intellectual and | ||
| developmental disability issues a report detailing the | ||
| restructuring commission's evaluation of each state supported | ||
| living center and, as applicable, the restructuring commission's | ||
| recommendation for the center to be consolidated with another | ||
| center, downsized, repurposed, or closed. | ||
| (f) The restructuring commission is abolished and this | ||
| section expires January 1, 2019. | ||
| Sec. 555.202. CLOSURE PLAN FOR STATE SUPPORTED LIVING | ||
| CENTER. (a) The Health and Human Services Commission shall | ||
| establish a closure plan for each state supported living center for | ||
| which closure is recommended by the restructuring commission in the | ||
| report submitted under Section 555.201. | ||
| (b) The closure plan must provide for closure of the | ||
| facility and its operations not later than August 31, 2023. The | ||
| plan must provide procedures to transition to the community each | ||
| resident for whom transition to the community: | ||
| (1) is approved by persons responsible for the | ||
| treatment of the resident at the state supported living center; | ||
| (2) may be reasonably accommodated by an appropriate | ||
| community placement; and | ||
| (3) is the choice of the resident or guardian of the | ||
| resident. | ||
| Sec. 555.203. PROCEEDS FROM CLOSURE OF STATE SUPPORTED | ||
| LIVING CENTER. The proceeds from the closure of a state supported | ||
| living center, including from the sale or lease of a center's | ||
| facilities or other property, may be appropriated only for services | ||
| for persons with intellectual and developmental disabilities, | ||
| including persons with a dual diagnosis of intellectual and | ||
| developmental disabilities and mental illness. | ||
| Sec. 555.204. RECOMMENDED CLOSURES OF STATE SUPPORTED | ||
| LIVING CENTERS. (a) If the restructuring commission proposes the | ||
| closure of one or more state supported living centers, the 86th | ||
| Legislature shall consider the centers recommended for closure by | ||
| voting on whether to approve the commission's recommendations. | ||
| (b) If the legislation described by Subsection (a) is | ||
| enacted and becomes law, the department shall ensure that each | ||
| state supported living center approved by the legislature for | ||
| closure under Subsection (a) is closed not later than August 31, | ||
| 2023. | ||
| Sec. 555.205. EXPIRATION. This subchapter expires | ||
| September 1, 2023. | ||
| SUBCHAPTER G. SALE OF REAL PROPERTY | ||
| Sec. 555.251. OPTION TO PURCHASE REAL PROPERTY. (a) If | ||
| the commission, the department, or another state agency or entity | ||
| offers for sale or plans to commercially develop all or part of real | ||
| property owned by the state on which a state supported living center | ||
| is located, the real property or portion thereof must be offered for | ||
| sale to the city and county in which the real property is located | ||
| before the real property is developed or offered for sale to the | ||
| general public. If the city or county purchases the real property, | ||
| the purchase price may not be less than market value. | ||
| (b) Subsection (a) may not be construed as requiring the | ||
| commission, the department, or another state agency or entity to | ||
| offer real property owned by the state on which a state supported | ||
| living center is located to the city and county in which the real | ||
| property is located before offering the real property for sale to a | ||
| state agency for governmental use. | ||
| SECTION 2. Section 31.158(c)(1), Natural Resources Code, is | ||
| amended to read as follows: | ||
| (1) The sale or lease shall be by sealed bid, by public | ||
| auction, or as provided by Subsection (d); provided, however, the | ||
| School Land Board shall have the first option to purchase such real | ||
| property pursuant to Section 31.159 of this code and the city and | ||
| county in which the real property is located shall have the option | ||
| to purchase such real property pursuant to Section 555.251, Health | ||
| and Safety Code. Subdivisions (2)-(7) apply only to a sale or lease | ||
| by sealed bid or public auction. | ||
| SECTION 3. Not later than September 1, 2017, the governor | ||
| shall appoint five members of the state supported living center | ||
| restructuring commission to serve under Section 555.201, Health and | ||
| Safety Code, as added by this Act. | ||
| 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, 2017. | ||
