85R6775 GCB-D     By: Hinojosa, et al. S.B. No. 602       A BILL TO BE ENTITLED   AN ACT   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 Subchapter F 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, "restructuring commission"   means the state supported living center restructuring commission.          (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 of community service providers in   the area served by the center;                (5)  the specialty services provided at the center,   including the ability of the center to serve alleged offenders or   high-risk residents;                (6)  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)  the property value of, the market demand for, and   any deed restrictions applicable to property and facilities of the   center;                (9)  whether closing, repurposing, downsizing, or   consolidating the center would adversely affect the geographic   distribution of centers in the state;                (10)  the availability and capacity of service   providers 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;                (11)  input from parents and guardians of current   residents of the center; and                (12)  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 OF STATE SUPPORTED LIVING CENTER.   The Health and Human Services Commission shall ensure that a state   supported living center recommended for closure is closed not later   than August 31, 2027, in accordance with the closure plan   established for the center under Section 555.203.          Sec. 555.203.  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 under Section 555.202.          (b)  The closure plan must provide for closure of the   facility and its operations not later than August 31, 2027.  The   plan must provide procedures to transition to the community each   resident for whom transition to the community is practicable while   maintaining respect for resident choice.          Sec. 555.204.  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. 555.205.  EXPIRATION.  This subchapter expires   September 1, 2027.          SECTION 2.  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 3.  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.