84R8524 EES-F
	By: Rodríguez	S.B. No. 1068

	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-IID provider with fewer than six beds.
	(3)  "Department" means the Department of Aging and
	Disability Services.
	(4)  "Executive commissioner" means the executive
	commissioner of the Health and Human Services Commission.
	(5)  "Local authority" means a local intellectual and
	developmental disability authority.
	(6)  "Realignment commission" means the State
	Supported Living Center Realignment Commission.
	(7)  "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 the state supported living
	centers and make recommendations regarding the operation and
	management of the state supported living centers, including
	recommendations for the closure of state supported living centers,
	other than the Austin State Supported Living Center. The
	realignment commission is administratively attached to the
	department but is independent of direction by the department. The
	department shall provide to the realignment commission
	administrative support and resources and access to the department's
	documents relating to the state supported living centers as
	necessary to enable the realignment commission to perform its
	duties.
	Sec. 556.003.  EXPIRATION.  This chapter expires and the
	realignment commission is abolished September 1, 2027.
	SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
	Sec. 556.021.  APPOINTMENT OF REALIGNMENT COMMISSION
	MEMBERS. (a)  The realignment commission is composed of nine
	appointed members and three nonvoting ex officio members as
	provided by this section.
	(b)  The nonvoting ex officio members are:
	(1)  the executive commissioner or the executive
	commissioner's designee;
	(2)  the executive director of the Texas Facilities
	Commission or the executive director's designee; and
	(3)  the land commissioner or the land commissioner's
	designee.
	(c)  The appointed members are:
	(1)  three members of the public appointed by the
	governor;
	(2)  three members of the public appointed by the
	lieutenant governor; and
	(3)  three members of the public appointed by the
	governor from a list provided by the speaker of the house of
	representatives.
	(d)  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 authority,
	licensed provider of ICF-IID services, or other provider of
	services to individuals with an intellectual or developmental
	disability;
	(2)  have a financial interest in a state supported
	living center, state center, local authority, licensed provider of
	ICF-IID services, or other provider of services to individuals with
	an intellectual or developmental disability;
	(3)  have a financial interest in the closure of a state
	supported living center;
	(4)  be an officer, employee, or paid consultant of a
	trade association in the field of residential services for
	individuals with an intellectual or developmental disability;
	(5)  be a resident of a state supported living center;
	or
	(6)  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, paid consultant, or resident
	of a state supported living center, state center, local authority,
	licensed provider of ICF-IID services, or other provider of
	services to individuals with an intellectual or developmental
	disability.
	(e)  A person may not serve as an appointed 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.
	(f)  Chapter 551, Government Code, applies to the
	realignment commission.
	(g)  A majority of the members of the realignment commission
	constitutes a quorum for the transaction of business.
	(h)  Appointments to the realignment commission shall be
	made without regard to the race, color, disability, sex, religion,
	age, or national origin of the appointees.
	(i)  An appointed member of the realignment commission
	serves 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 shall hold meetings in
	different areas of the state.
	Sec. 556.024.  COMPENSATION; TRAVEL EXPENSES.  A member of
	the realignment commission may not receive compensation for service
	on the realignment commission but is entitled to reimbursement for
	travel expenses incurred while conducting realignment commission
	business.
	SUBCHAPTER C. POWERS AND DUTIES OF REALIGNMENT COMMISSION
	Sec. 556.051.  GENERAL POWERS AND DUTIES OF REALIGNMENT
	COMMISSION.  The realignment commission shall recommend the closure
	of state supported living centers, other than the Austin State
	Supported Living Center, in accordance with criteria and benchmarks
	as described by this chapter and determined by the realignment
	commission. The realignment commission shall oversee the
	implementation of the realignment commission's recommendations by
	the department 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
	members, appointed by the executive commissioner:
	(1)  one representative of the commission;
	(2)  one representative of the department;
	(3)  one representative of the Department of State
	Health Services;
	(4)  two representatives of community services
	providers;
	(5)  one representative of local authorities;
	(6)  two representatives of advocacy groups that focus
	on the independent living of persons with disabilities;
	(7)  two family members of individuals residing in a
	state supported living center; and
	(8)  two individuals with an intellectual or
	developmental disability, including one individual who resides or
	has resided in a state supported living center.
	(c)  The advisory committee shall study and make
	recommendations to the realignment commission regarding the
	evaluation and closure of state supported living centers.
	Sec. 556.053.  EVALUATION OF STATE SUPPORTED LIVING CENTERS.
	(a)  The realignment commission shall evaluate the state supported
	living center system and determine which state supported living
	centers, other than the Austin State Supported Living Center,
	should be closed by the department.
	(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 if the
	state supported living center is closed;
	(2)  the proximity of the state supported living center
	to community services providers and the geographical distribution
	of those providers;
	(3)  the cost of operating the state supported living
	center;
	(4)  the availability of other employment
	opportunities in the area for employees that would be displaced by
	the closure of the state supported living center, including
	additional employment that may be needed by community services
	providers if the state supported living center is closed;
	(5)  the condition of existing state supported living
	center structures and existing community services providers;
	(6)  the property value, marketability, and deed
	restrictions 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 closed;
	(7)  the ease of client transfer capability to a
	community placement or another state supported living center;
	(8)  the capacity at remaining state supported living
	centers to accommodate persons who will need or want to be
	transferred from the state supported living center to another state
	supported living center if the state supported living center is
	closed;
	(9)  the capacity of local community services providers
	to accommodate persons formerly served by the state supported
	living center who will need or want to be transferred to a community
	placement if the state supported living center is closed;
	(10)  the quality of services provided at the state
	supported living center, the state supported living center's most
	recent certification inspections, and the state supported living
	center's ability to meet the minimum standards for an ICF-IID
	facility;
	(11)  specialty programs and services available at the
	state supported living center, including programs and services for
	alleged offenders and high-risk residents, and whether those
	programs and services are available at other state supported living
	centers or from local community services providers;
	(12)  the history of incidents of abuse, neglect, or
	exploitation at the state supported living center, and any findings
	of circumstances at the state supported living center constituting
	immediate jeopardy to the health or safety of the residents;
	(13)  the state supported living center's record of
	compliance with the systemwide settlement agreement between the
	state and the United States Department of Justice regarding the
	department of justice's investigation of state supported living
	centers, as determined by the independent monitors engaged in
	monitoring compliance with the settlement agreement;
	(14)  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;
	(15)  the support needs of residents in the state
	supported living center and the availability of programs that
	provide those services in the community;
	(16)  the effect of expanding community programs in the
	area of the state supported living center, particularly in
	historically underserved areas of the state; and
	(17)  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 shall hold public hearings
	throughout the state in a manner that accommodates individuals with
	disabilities and their families in order to solicit input during
	the evaluation process.
	Sec. 556.054.  RECOMMENDATION FOR CLOSURE; REPORT.  (a)  Not
	later than December 1, 2016, the realignment commission shall
	submit to the governor, the commission, the department, 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 realignment commission's evaluation of each state
	supported living center and proposing the closure of certain state
	supported living centers, other than the Austin State Supported
	Living Center.
	(b)  The realignment commission shall include in the report:
	(1)  the name and location of each state supported
	living center recommended by the realignment commission to be
	closed;
	(2)  the estimated number of individuals that would
	require a transfer to another state supported living center or a
	community services provider as a result of each recommended
	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 that
	would be 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 RECOMMENDATION. (a) The 85th
	Legislature shall consider legislation proposing the closure of the
	state supported living centers recommended for closure. In
	considering the proposed legislation described by this subsection,
	members of the legislature may not propose amendments to the
	legislation.
	(b)  If the legislation described by Subsection (a) is
	enacted and becomes law, the department shall develop a plan and
	timeline for the closure of the state supported living centers
	approved by the legislature for closure under Subsection (a) and
	close those state supported living centers no later than August 31,
	2025. In developing the plan and timeline under this section, the
	department shall identify specific resources available to assist
	residents and employees of those state supported living centers
	with the transition.  The department shall use the evaluation of the
	closure of the Austin State Supported Living Center as a guide for
	closing the state supported living centers under this section. In
	closing the state supported living centers under this section, the
	department shall consult with the commission regarding the sale of
	any property.  The proceeds of the sale of property where a state
	supported living center was located may be appropriated only for
	the long-term services and supports system.
	Sec. 556.056.  MORATORIUM ON STATE SUPPORTED LIVING CENTER
	PLACEMENTS. (a) An individual with an intellectual or
	developmental 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 closure of the center has been recommended by
	the realignment commission; 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 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.