By: Hinojosa, et al.  S.B. No. 602          (In the Senate - Filed January 25, 2017; February 13, 2017,   read first time and referred to Committee on Health & Human   Services; April 24, 2017, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 8, Nays 1;   April 24, 2017, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 602 By:  Kolkhorst     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 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 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, 2023, 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, 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. 555.204.  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.  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. 555.206.  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.     * * * * *