Bill Summary – FastDemocracy

      
            S.B. No. 944
         
               AN ACT
            
            relating to the commitment order for individuals with intellectual 
         
            disabilities who are committed to state supported living centers.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  The heading to Section 593.013, Health and 
         
            Safety Code, is amended to read as follows:
         
                   Sec. 593.013.  [REQUIREMENT OF] INTERDISCIPLINARY TEAM 
         
            RECOMMENDATION.
         
                   SECTION 2.  Section 593.013(a), Health and Safety Code, is 
         
            amended to read as follows:
         
                   (a)  Except as provided by Section 593.0511, a [A] person may 
         
            not be admitted or committed to a residential care facility unless 
         
            an interdisciplinary team recommends that placement.
         
                   SECTION 3.  Section 593.041(d), Health and Safety Code, is 
         
            amended to read as follows:
         
                   (d)  Except as provided by Section 593.0511, a [A] person may 
         
            not be committed to the department for placement in a residential 
         
            care facility under this subchapter unless a report by an 
         
            interdisciplinary team recommending the placement has been 
         
            completed during the six months preceding the date of the court 
         
            hearing on the application.  If the report and recommendations have 
         
            not been completed or revised during that period, the court shall 
         
            order the report and recommendations on receiving the application.
         
                   SECTION 4.  Section 593.050(d), Health and Safety Code, is 
         
            amended to read as follows:
         
                   (d)  The Texas Rules of Evidence apply.  The results of the 
         
            determination of an intellectual disability and the current 
         
            interdisciplinary team report and recommendations, except in the 
         
            case of a long-term placement under Section 593.0511, shall be 
         
            presented in evidence.
         
                   SECTION 5.  Subchapter C, Chapter 593, Health and Safety 
         
            Code, is amended by adding Section 593.0511 to read as follows:
         
                   Sec. 593.0511.  LONG-TERM PLACEMENT WITHOUT 
         
            INTERDISCIPLINARY TEAM RECOMMENDATION.  A court may commit a 
         
            proposed resident to long-term placement in a residential care 
         
            facility without an interdisciplinary team recommendation under 
         
            Section 593.013 if the court determines beyond a reasonable doubt 
         
            that the proposed resident meets the requirements for commitment to 
         
            a residential care facility under Section 593.052.
         
                   SECTION 6.  Section 593.052(a), Health and Safety Code, is 
         
            amended to read as follows:
         
                   (a)  A proposed resident may not be committed to a 
         
            residential care facility unless:
         
                         (1)  the proposed resident is a person with an 
         
            intellectual disability;
         
                         (2)  a petition to the court to issue a commitment order 
         
            by the guardian of the proposed resident or, if the proposed 
         
            resident is a minor, the parent of the proposed resident or the 
         
            current interdisciplinary team report and recommendations, if 
         
            applicable, show [evidence is presented showing] that because of 
         
            the proposed resident's intellectual disability, the proposed 
         
            resident:
         
                               (A)  represents a substantial risk of physical 
         
            impairment or injury to the proposed resident or others; or
         
                               (B)  is unable to provide for and is not providing 
         
            for the proposed resident's most basic personal physical needs;
         
                         (3)  the proposed resident cannot be adequately and 
         
            appropriately habilitated in an available, less restrictive 
         
            setting; and
         
                         (4)  the residential care facility provides 
         
            habilitative services, care, training, and treatment appropriate 
         
            to the proposed resident's needs.
         
                   SECTION 7.  This Act takes effect September 1, 2023.
         
            ______________________________
            ______________________________
         
               President of the Senate
            Speaker of the House     
         
                   I hereby certify that S.B. No. 944 passed the Senate on 
         
            April 3, 2023, by the following vote:  Yeas 30, Nays 1; and that 
         
            the Senate concurred in House amendment on May 19, 2023, by the 
         
            following vote:  Yeas 31, Nays 0.
         
            ______________________________
         
            Secretary of the Senate    
         
                   I hereby certify that S.B. No. 944 passed the Hou
Statutes affected: 
Introduced: Health and Safety Code 593.052 (Health and Safety Code 593)
Senate Committee Report: Health and Safety Code 593.013, Health and Safety Code 593.041, Health and Safety Code 593.050, Subchapter C, Chapter , Health and Safety Code 593.0511, Health and Safety Code 593.052 (Subchapter C, Chapter , Health and Safety Code 593, Health and Safety Code 593)
Engrossed: Health and Safety Code 593.013, Health and Safety Code 593.041, Health and Safety Code 593.050, Subchapter C, Chapter , Health and Safety Code 593.0511, Health and Safety Code 593.052 (Subchapter C, Chapter , Health and Safety Code 593, Health and Safety Code 593)
House Committee Report: Health and Safety Code 593.013, Health and Safety Code 593.041, Health and Safety Code 593.050, Subchapter C, Chapter , Health and Safety Code 593.0511, Health and Safety Code 593.052 (Subchapter C, Chapter , Health and Safety Code 593, Health and Safety Code 593)
Enrolled: Health and Safety Code 593.013, Health and Safety Code 593.041, Health and Safety Code 593.050, Subchapter C, Chapter , Health and Safety Code 593.0511, Health and Safety Code 593.052 (Subchapter C, Chapter , Health and Safety Code 593, Health and Safety Code 593)




	AN ACT
	relating to the commitment order for individuals with intellectual
	disabilities who are committed to state supported living centers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. The heading to Section 593.013, Health and
	Safety Code, is amended to read as follows:
	Sec. 593.013. [~~REQUIREMENT OF~~] INTERDISCIPLINARY TEAM
	RECOMMENDATION.
	SECTION 2. Section 593.013(a), Health and Safety Code, is
	amended to read as follows:
	(a) Except as provided by Section 593.0511, a [A] person may
	not be admitted or committed to a residential care facility unless
	an interdisciplinary team recommends that placement.
	SECTION 3. Section 593.041(d), Health and Safety Code, is
	amended to read as follows:
	(d) Except as provided by Section 593.0511, a [A] person may
	not be committed to the department for placement in a residential
	care facility under this subchapter unless a report by an
	interdisciplinary team recommending the placement has been
	completed during the six months preceding the date of the court
	hearing on the application. If the report and recommendations have
	not been completed or revised during that period, the court shall
	order the report and recommendations on receiving the application.
	SECTION 4. Section 593.050(d), Health and Safety Code, is
	amended to read as follows:
	(d) The Texas Rules of Evidence apply. The results of the
	determination of an intellectual disability and the current
	interdisciplinary team report and recommendations, except in the
	case of a long-term placement under Section 593.0511, shall be
	presented in evidence.
	SECTION 5. Subchapter C, Chapter 593, Health and Safety
	Code, is amended by adding Section 593.0511 to read as follows:
	Sec. 593.0511. LONG-TERM PLACEMENT WITHOUT
	INTERDISCIPLINARY TEAM RECOMMENDATION. A court may commit a
	proposed resident to long-term placement in a residential care
	facility without an interdisciplinary team recommendation under
	Section 593.013 if the court determines beyond a reasonable doubt
	that the proposed resident meets the requirements for commitment to
	a residential care facility under Section 593.052.
	SECTION 6. Section 593.052(a), Health and Safety Code, is
	amended to read as follows:
	(a) A proposed resident may not be committed to a
	residential care facility unless:
	(1) the proposed resident is a person with an
	intellectual disability;
	(2) a petition to the court to issue a commitment order
	by the guardian of the proposed resident or, if the proposed
	resident is a minor, the parent of the proposed resident or the
	current interdisciplinary team report and recommendations, if
	applicable, show [~~evidence is presented showing~~] that because of
	the proposed resident's intellectual disability, the proposed
	resident:
	(A) represents a substantial risk of physical
	impairment or injury to the proposed resident or others; or
	(B) is unable to provide for and is not providing
	for the proposed resident's most basic personal physical needs;
	(3) the proposed resident cannot be adequately and
	appropriately habilitated in an available, less restrictive
	setting; and
	(4) the residential care facility provides
	habilitative services, care, training, and treatment appropriate
	to the proposed resident's needs.
	SECTION 7. This Act takes effect September 1, 2023.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 944 passed the Senate on
	April 3, 2023, by the following vote: Yeas 30, Nays 1; and that
	the Senate concurred in House amendment on May 19, 2023, by the
	following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 944 passed the Hou Statutes affected: Introduced: Health and Safety Code 593.052 (Health and Safety Code 593) Senate Committee Report: Health and Safety Code 593.013, Health and Safety Code 593.041, Health and Safety Code 593.050, Subchapter C, Chapter , Health and Safety Code 593.0511, Health and Safety Code 593.052 (Subchapter C, Chapter , Health and Safety Code 593, Health and Safety Code 593) Engrossed: Health and Safety Code 593.013, Health and Safety Code 593.041, Health and Safety Code 593.050, Subchapter C, Chapter , Health and Safety Code 593.0511, Health and Safety Code 593.052 (Subchapter C, Chapter , Health and Safety Code 593, Health and Safety Code 593) House Committee Report: Health and Safety Code 593.013, Health and Safety Code 593.041, Health and Safety Code 593.050, Subchapter C, Chapter , Health and Safety Code 593.0511, Health and Safety Code 593.052 (Subchapter C, Chapter , Health and Safety Code 593, Health and Safety Code 593) Enrolled: Health and Safety Code 593.013, Health and Safety Code 593.041, Health and Safety Code 593.050, Subchapter C, Chapter , Health and Safety Code 593.0511, Health and Safety Code 593.052 (Subchapter C, Chapter , Health and Safety Code 593, Health and Safety Code 593)