84R1137 EES-D
	By: Davis of Harris	H.B. No. 607

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the State Supported Living Center
	Realignment Commission.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle B, Title 7, Health and Safety Code, is
	amended by adding Chapter 556 to read as follows:
	CHAPTER 556. STATE SUPPORTED LIVING CENTER REALIGNMENT COMMISSION
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 556.001.  DEFINITIONS.  In this chapter:
	(1)  "Commission" means the Health and Human Services
	Commission.
	(2)  "Community services provider" means a provider of
	services under a home and community-based services waiver program
	and a licensed ICF-MR provider with fewer than six beds.
	(3)  "Executive commissioner" means the executive
	commissioner of the Health and Human Services Commission.
	(4)  "Realignment commission" means the State
	Supported Living Center Realignment Commission.
	(5)  "State supported living center" has the meaning
	assigned by Section 531.002.
	Sec. 556.002.  STATE SUPPORTED LIVING CENTER REALIGNMENT
	COMMISSION. The State Supported Living Center Realignment
	Commission is established to evaluate and make recommendations
	regarding the operation and management of state supported living
	centers. The realignment commission is administratively attached
	to the commission but is independent of direction by the commission
	or the executive commissioner. The commission shall provide
	administrative support and resources to the realignment commission
	as necessary to enable the realignment commission to perform its
	duties.
	Sec. 556.003.  SUNSET PROVISION. The State Supported Living
	Center Realignment Commission is subject to Chapter 325, Government
	Code (Texas Sunset Act).  Unless continued in existence as provided
	by that chapter, the realignment commission is abolished and this
	chapter expires September 1, 2027.
	SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
	Sec. 556.021.  APPOINTMENT OF REALIGNMENT COMMISSION
	MEMBERS. (a)  The realignment commission is composed of nine
	members of the public appointed as follows:
	(1)  three members of the public appointed by the
	governor;
	(2)  three members appointed by the lieutenant
	governor; and
	(3)  three members appointed by the governor from a
	list provided by the speaker of the house of representatives.
	(b)  To be eligible for appointment to the realignment
	commission, a person may not:
	(1)  be an agent, paid consultant, officer, or employee
	of a state supported living center, state center, local mental
	retardation authority, licensed provider of ICF-MR services, or
	other provider of services to individuals with intellectual
	disabilities;
	(2)  have a financial interest in a state supported
	living center, state center, local mental retardation authority,
	licensed provider of ICF-MR services, or other provider of services
	to individuals with intellectual disabilities;
	(3)  be an officer, employee, or paid consultant of a
	trade association in the field of residential services for
	individuals with intellectual disabilities; or
	(4)  be related within the second degree by affinity or
	consanguinity, as determined under Chapter 573, Government Code, to
	a person who is an officer, employee, or paid consultant of a state
	supported living center, state center, local mental retardation
	authority, licensed provider of ICF-MR services, or other provider
	of services to individuals with intellectual disabilities.
	(c)  A person may not serve as a member of the realignment
	commission or act as the general counsel to the realignment
	commission if the person is required to register as a lobbyist under
	Chapter 305, Government Code, because of the person's activities
	for compensation on behalf of a profession related to the operation
	of the realignment commission.
	(d)  Chapter 551, Government Code, applies to the
	realignment commission.
	(e)  A majority of the members of the realignment commission
	constitute a quorum for the transaction of business.
	(f)  Appointments to the realignment commission shall be
	made without regard to the race, color, disability, sex, religion,
	age, or national origin of the appointees.
	(g)  Members serve at the will of the person who appointed
	the member.
	Sec. 556.022.  VACANCY.  The governor or lieutenant governor
	shall fill a vacancy on the realignment commission in the same
	manner as the original appointment.
	Sec. 556.023.  PRESIDING OFFICER; OTHER OFFICERS;
	MEETINGS. (a)  The members of the realignment commission shall
	elect a presiding officer and other necessary officers.
	(b)  The realignment commission may hold meetings in
	different areas of the state.
	SUBCHAPTER C. POWERS AND DUTIES OF REALIGNMENT COMMISSION
	Sec. 556.051.  GENERAL POWERS AND DUTIES OF REALIGNMENT
	COMMISSION. The realignment commission is responsible for
	recommending the consolidation or closure of state supported living
	centers in accordance with criteria and benchmarks as described by
	this chapter and determined by the realignment commission. The
	realignment commission is also responsible for overseeing the
	implementation of the realignment commission's recommendations by
	the commission and the Department of Aging and Disability Services
	as required by this chapter.
	Sec. 556.052.  ADVISORY COMMITTEE.  (a)  An advisory
	committee is created to assist and provide information to the
	realignment commission.
	(b)  The advisory committee is composed of the following
	representatives, appointed by the executive commissioner:
	(1)  one representative of the commission;
	(2)  one representative of the Department of Aging and
	Disability Services;
	(3)  one representative of the Department of State
	Health Services;
	(4)  two representatives of community services
	providers;
	(5)  one representative of local mental retardation
	authorities;
	(6)  two representatives of an advocacy group for
	persons with disabilities; and
	(7)  one family member of an individual residing in a
	state supported living center.
	(c)  The advisory committee shall study and make
	recommendations to the realignment commission regarding the
	evaluation and consolidation or closure of state supported living
	centers.
	Sec. 556.053.  EVALUATION OF STATE SUPPORTED LIVING CENTERS.
	(a)  Each biennium, the realignment commission shall evaluate the
	state supported living center system and determine which state
	supported living centers should be consolidated or closed by the
	commission and the Department of Aging and Disability Services.
	(b)  In evaluating a state supported living center, the
	realignment commission shall consider the following factors:
	(1)  the proximity of the state supported living center
	to other state supported living centers and the geographical
	distribution of remaining state supported living centers;
	(2)  the proximity of the state supported living
	centers to community services providers and the geographical
	distribution of those providers;
	(3)  the administrative cost of the state supported
	living center;
	(4)  the availability of other employment
	opportunities in the area for employees displaced by the
	consolidation or closure, including additional employment that may
	be needed by community services providers if the state supported
	living center is consolidated or closed;
	(5)  the condition of existing state supported living
	center structures and existing community services providers;
	(6)  the marketability of the property where the state
	supported living center is located, as determined in consultation
	with persons with business development expertise, and whether the
	property should be sold or converted to another use if the state
	supported living center is consolidated or closed;
	(7)  the ease of client transfer capability;
	(8)  the capacity at remaining state supported living
	centers to accommodate persons transferred from a facility
	identified for consolidation or closure;
	(9)  the capacity of local community services providers
	to accommodate persons formerly served by the state supported
	living center;
	(10)  identification of specialty programs and
	services available at the state supported living center and whether
	those programs and services are available at other state supported
	living centers or from local community services providers;
	(11)  the history of incidents of abuse, neglect, or
	exploitation at the state supported living center;
	(12)  the services and supports that are not available
	in the community and that resulted in commitment of individuals to
	the state supported living center during the previous five years;
	(13)  the support needs of residents in the state
	supported living center and the availability of programs that
	provide those services in the community;
	(14)  the impact of expanding community programs in the
	area of the state supported living center, particularly in
	historically underserved areas of the state; and
	(15)  any other relevant factor as determined by the
	realignment commission.
	(c)  The advisory committee to the realignment commission
	may assist the realignment commission in performing the evaluation
	required by this section.
	(d)  The realignment commission may solicit public testimony
	and input during the evaluation process.
	Sec. 556.054.  RECOMMENDATION FOR CONSOLIDATION OR CLOSURE;
	REPORT.  (a)  Not later than December 1 of each even-numbered year,
	the realignment commission shall submit a report to the governor,
	the lieutenant governor, the speaker of the house of
	representatives, and the standing committee of each house of the
	legislature with jurisdiction over state supported living centers.
	The report must include a specific recommendation of whether to
	consolidate or close one or more state supported living centers
	and, if consolidation or closure is recommended, which state
	supported living center or centers should be consolidated or
	closed.
	(b)  The realignment commission shall include in the report:
	(1)  the name and location of each state supported
	living center to be consolidated or closed;
	(2)  the number of individuals that will require a
	transfer to another state supported living center or a community
	services provider as a result of the consolidation or closure;
	(3)  the number and type of community programs that
	need to be developed, based on the services and supports the
	realignment commission determined are not available in the
	community and that resulted in commitment of individuals to the
	state supported living center during the previous five years;
	(4)  the number and type of training competencies
	needed to assist state supported living center employees in gaining
	the skills needed to transfer to providing services in the
	community; and
	(5)  any other relevant information as determined by
	the realignment commission.
	Sec. 556.055.  EFFECT OF REALIGNMENT COMMISSION'S
	RECOMMENDATIONS AND ACTIVITIES. The commission and the Department
	of Aging and Disability Services are not bound by any
	recommendation of the realignment commission, and the realignment
	commission may not prevent the commission or the department from
	taking action to consolidate or close a state supported living
	center at any time.
	Sec. 556.056.  MORATORIUM ON STATE SUPPORTED LIVING CENTER
	PLACEMENTS. (a) An individual with an intellectual disability may
	not be admitted or committed to a state supported living center
	under Chapter 593 on or after September 1, 2015, if:
	(1)  the center has been identified for downsizing,
	consolidation, or closure; or
	(2)  as provided by the Centers for Medicare and
	Medicaid Services:
	(A)  the center's certification is at risk because
	of deficient practices that have put the health and safety of the
	center's residents in immediate jeopardy; or
	(B)  the center's certification is at risk of
	termination in 90 days because of noncompliance with certification
	requirements.
	(b)  The Department of Aging and Disability Services shall
	ensure that individuals who would otherwise be committed under
	Chapter 593 receive services by ensuring programs are available to
	provide those services through diversion and other community
	capacity building activities.
	SECTION 2.  (a) Not later than September 1, 2015, the
	governor and lieutenant governor shall appoint the members of the
	State Supported Living Center Realignment Commission as provided by
	Chapter 556, Health and Safety Code, as added by this Act.
	(b)  Not later than January 1, 2016, the executive
	commissioner of the Health and Human Services Commission shall
	appoint the advisory committee as provided by Section 556.052,
	Health and Safety Code, as added by this Act.
	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, 2015.