84R30188 GCB-D
	By: Hinojosa, et al.	S.B. No. 204
	(Raymond)
	Substitute the following for S.B. No. 204:  No.

	A BILL TO BE ENTITLED
	AN ACT
	relating to the continuation of the functions of the Department of
	Aging and Disability Services; increasing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 81.042(e), Health and Safety Code, is
	amended to read as follows:
	(e)  The following persons shall report to the local health
	authority or the department a suspected case of a reportable
	disease and all information known concerning the person who has or
	is suspected of having the disease if a report is not made as
	required by Subsections (a)-(d):
	(1)  a professional registered nurse;
	(2)  an administrator or director of a public or
	private temporary or permanent child-care facility;
	(3)  an administrator or director of a nursing home,
	personal care home, adult respite care center, or adult day
	services facility [day-care center];
	(4)  an administrator of a home health agency;
	(5)  an administrator or health official of a public or
	private institution of higher education;
	(6)  an owner or manager of a restaurant, dairy, or
	other food handling or processing establishment or outlet;
	(7)  a superintendent, manager, or health official of a
	public or private camp, home, or institution;
	(8)  a parent, guardian, or householder;
	(9)  a health professional;
	(10)  an administrator or health official of a penal or
	correctional institution; or
	(11)  emergency medical service personnel, a peace
	officer, or a firefighter.
	SECTION 2.  Subchapter A, Chapter 142, Health and Safety
	Code, is amended by adding Section 142.0125 to read as follows:
	Sec. 142.0125.  PROGRESSIVE SANCTIONS.  (a)  The executive
	commissioner by rule shall create a matrix of progressive sanctions
	that the department must use to assess penalty amounts and impose
	disciplinary actions under this chapter appropriately and fairly
	for a violation of a law, rule, standard, or order adopted or
	license issued under this chapter or for a violation of other law
	for which this chapter provides a sanction.
	(b)  The matrix of progressive sanctions adopted under this
	section must provide for increases in amounts of administrative
	penalties based on type, frequency, and seriousness of violations
	and must provide guidance for determining appropriate and graduated
	administrative penalties to assess under this chapter to deter
	future violations, including guidance on considering the factors
	listed in this chapter for determining the amount of a penalty.
	(b-1)  The matrix of progressive sanctions adopted under
	this section must provide for imposing lesser sanctions for lesser
	violations, which may include violations that:
	(1)  are technical, clerical, or de minimis in nature;
	(2)  do not involve abuse, neglect, or exploitation of
	a client; and
	(3)  do not cause injury or impairment to a client or
	cause the death of a client.
	(c)  The matrix of progressive sanctions adopted under this
	section must provide for imposing stronger sanctions, including
	license suspension or revocation, for more serious violations or
	for repeated violations as appropriate to deter future serious or
	repeated violations. The matrix of progressive sanctions must
	describe appropriate time frames to be used in determining whether
	a home and community support services agency has committed repeated
	violations or has engaged in a pattern of repeated violations, such
	as repeated violations found in consecutive regular inspections.
	SECTION 3.  Sections 142.017(b) and (j), Health and Safety
	Code, are amended to read as follows:
	(b)  The penalty shall be not less than $100 or more than
	$5,000 [$1,000] for each violation. Each day of a violation that
	occurs before the day on which the person receives written notice of
	the violation from the department does not constitute a separate
	violation and shall be considered to be one violation. Each day of
	a continuing violation that occurs after the day on which the person
	receives written notice of the violation from the department
	constitutes a separate violation.
	(j)  The executive commissioner by rule shall define the
	types of minor violations an agency may correct under Subsection
	(e) before the department may assess an administrative penalty.
	The executive commissioner shall ensure that all other violations
	are not subject to a right to correct [The department may assess an
	administrative penalty without providing a reasonable period of
	time to the agency to correct the violation if the violation:
	[(1)  results in serious harm or death;
	[(2)  constitutes a serious threat to health or safety;
	[(3)     substantially limits the agency's capacity to
	provide care;
	[(4)  is a violation in which a person:
	[(A)     makes a false statement, that the person
	knows or should know is false, of a material fact:
	[(i)     on an application for issuance or
	renewal of a license or in an attachment to the application; or
	[(ii)     with respect to a matter under
	investigation by the department;
	[(B)     refuses to allow a representative of the
	department to inspect a book, record, or file required to be
	maintained by an agency;
	[(C)     wilfully interferes with the work of a
	representative of the department or the enforcement of this
	chapter;
	[(D)     wilfully interferes with a representative
	of the department preserving evidence of a violation of this
	chapter or a rule, standard, or order adopted or license issued
	under this chapter;
	[(E)     fails to pay a penalty assessed by the
	department under this chapter not later than the 10th day after the
	date the assessment of the penalty becomes final; or
	[(F)  fails to submit:
	[(i)     a plan of correction not later than the
	10th day after the date the person receives a statement of licensing
	violations; or
	[(ii)     an acceptable plan of correction not
	later than the 30th day after the date the person receives
	notification from the department that the previously submitted plan
	of correction is not acceptable;
	[(5)  is a violation of Section 142.0145; or
	[(6)     involves the rights of the elderly under Chapter
	102, Human Resources Code].
	SECTION 4.  Section 164.003(5), Health and Safety Code, as
	amended by S.B. No. 219, Acts of the 84th Legislature, Regular
	Session, 2015, is amended to read as follows:
	(5)  "Mental health facility" means:
	(A)  a "mental health facility" as defined by
	Section 571.003;
	(B)  a residential treatment facility, other than
	a mental health facility, in which persons are treated for
	emotional problems or disorders in a 24-hour supervised living
	environment; and
	(C)  an adult day services [day-care] facility as
	defined by Section 103.003, Human Resources Code.
	SECTION 5.  (a) It is the intent of the legislature that
	Section 242.061, Health and Safety Code, as amended by this
	section, establish a ceiling or maximum number of violations
	related to the abuse and neglect of a resident that a facility can
	commit before the executive commissioner is required to revoke the
	facility's license.  The changes in law made by this section are not
	intended to limit or diminish the department's permissive authority
	to revoke a license under Chapter 242, Health and Safety Code.
	(b)  Section 242.061, Health and Safety Code, is amended by
	amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
	(c-1), (e), and (e-1) to read as follows:
	(a)  In this section:
	(1)  "Abuse" has the meaning assigned by Section
	260A.001.
	(2)  "Immediate threat to health and safety" means a
	situation in which immediate corrective action is necessary because
	the facility's noncompliance with one or more requirements has
	caused, or is likely to cause, serious injury, harm, impairment, or
	death to a resident.
	(3)  "Neglect" has the meaning assigned by Section
	260A.001.
	(a-1)  The department, after providing notice and
	opportunity for a hearing to the applicant or license holder, may
	deny, suspend, or revoke a license if the department finds that the
	applicant, the license holder, or any other person described by
	Section 242.032(d) has:
	(1)  violated this chapter or a rule, standard, or
	order adopted or license issued under this chapter in either a
	repeated or substantial manner;
	(2)  committed any act described by Sections
	242.066(a)(2)-(6); or
	(3)  failed to comply with Section 242.074.
	(a-2)  Except as provided by Subsection (a-3) or (e-1), the
	executive commissioner shall revoke a license under Subsection
	(a-1) if the department finds that:
	(1)  the license holder has committed three violations
	described by Subsection (a-1), within a 24-month period, that
	constitute an immediate threat to health and safety related to the
	abuse or neglect of a resident; and
	(2)  each of the violations described by Subdivision
	(1) is reported in connection with a separate survey, inspection,
	or investigation visit that occurred on separate entrance and exit
	dates.
	(a-3)  The executive commissioner may not revoke a license
	under Subsection (a-2) due to a violation described by Subsection
	(a-2)(1), if:
	(1)  the violation and the determination of immediate
	threat to health and safety are not included on the written list of
	violations left with the facility at the time of the initial exit
	conference under Section 242.0445(b) for a survey, inspection, or
	investigation;
	(2)  the violation is not included on the final
	statement of violations described by Section 242.0445; or
	(3)  the violation has been reviewed under the informal
	dispute resolution process established by Section 531.058,
	Government Code, and a determination was made that:
	(A)  the violation should be removed from the
	license holder's record; or
	(B)  the violation is reduced in severity so that
	the violation is no longer cited as an immediate threat to health
	and safety related to the abuse or neglect of a resident.
	(c-1)  In the case of revocation of a license under
	Subsection (a-2), to ensure the health and safety of residents of
	the institution, the department may:
	(1)  request the appointment of a trustee to operate
	the institution under Subchapter D;
	(2)  assist with obtaining a new operator for the
	institution; or
	(3)  assist with the relocation of residents to another
	institution.
	(e)  The executive commissioner may stay a license
	revocation required by Subsection (a-2) if the executive
	commissioner determines that the stay would not jeopardize the
	health and safety of the residents of the facility or place the
	residents at risk of abuse or neglect. The executive commissioner
	by rule shall establish criteria under which a license revocation
	may be stayed under this subsection. The executive commissioner
	shall follow negotiated rulemaking procedures prescribed by
	Chapter 2008, Government Code, for the adoption of rules
	establishing the criteria. The criteria established must permit
	the executive commissioner to stay a license revocation of a
	nursing facility for which the department has deployed a rapid
	response team under Section 255.004, if the facility has cooperated
	with the rapid response team and demonstrated improvement in
	quality of care, as determined by the rapid response team.
	(e-1)  The executive commissioner may stay a license
	revocation required by Subsection (a-2) for a veterans home, as
	defined by Section 164.002, Natural Resources Code, if the
	Veterans' Land Board contracts with a different entity to operate
	the veterans home than the entity that operated the home during the
	period in which the violations described by Subsection (a-2)
	occurred.
	SECTION 6.  Subchapter C, Chapter 242, Health and Safety
	Code, is amended by adding Section 242.0613 to read as follows:
	Sec. 242.0613.  PROGRESSIVE SANCTIONS. (a)  The executive
	commissioner by rule shall create a matrix of progressive sanctions
	that the department must use to assess penalty amounts and impose
	disciplinary actions under this chapter appropriately and fairly
	for a violation of a law, rule, standard, or order adopted or
	license issued under this chapter or for a violation of other law
	for which this chapter provides a sanction.
	(b)  The matrix of progressive sanctions adopted under this
	section must provide for increases in amounts of administrative
	penalties based on type, frequency, and seriousness of violations
	and must provide guidance for determining appropriate and graduated
	administrative penalties to assess under this chapter to deter
	future violations, including guidance on considering the factors
	listed in this chapter for determining the amount of a penalty.
	(c)  The matrix of progressive sanctions adopted under this
	section must provide for imposing stronger sanctions, including
	license suspension or revocation, for more serious violations or
	for repeated violations as appropriate to deter future serious or
	repeated violations. The matrix of progressive sanctions must
	describe appropriate time frames to be used in determining whether
	a facility has committed repeated violations or has engaged in a
	pattern of repeated violations, such as repeated violations found
	in consecutive regular inspections.
	SECTION 7.  Section 242.0615(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The department, after providing notice and opportunity
	for a hearing, may exclude a person from eligibility for a license
	under this chapter if the person or any person described by Section
	242.032(d) has substantially failed to comply with this chapter and
	the rules adopted under this chapter. The authority granted by this
	subsection is in addition to the authority to deny issuance of a
	license under Section 242.061(a-1) [242.061(a)].
	SECTION 8.  Section 242.0665(b), Health and Safety Code, is
	amended to read as follows:
	(b)  The executive commissioner by rule shall define types of
	minor violations a facility may correct under Subsection (a) before
	the department may assess an administrative penalty. The executive
	commissioner shall ensure that all other violations are not subject
	to a right to correct [Subsection (a) does not apply:
	[(1)  to a violation that the department determines:
	[(A)     results in serious harm to or death of a
	resident;
	[(B)     constitutes a serious threat to the health
	or safety of a resident; or
	[(C)     substantially limits the institution's
	capacity to provide care;
	[(2)     to a violation described by Sections
	242.066(a)(2)-(7);
	[(3)     to a violation of Section 260A.014 or 260A.015;
	or
	[(4)     to a violation of a right of a resident adopted
	under Subchapter L].
	SECTION 9.  Subchapter C, Chapter 247, Health and Safety
	Code, is amended by adding Section 247.0415 to read as follows:
	Sec. 247.0415.  PROGRESSIVE SANCTIONS. (a)  The executive
	commissioner by rule shall create a matrix of progressive sanctions
	that the department must use to assess penalty amounts and impose
	disciplinary actions under this chapter appropriately and fairly
	for a violation of a law, rule, standard, or order adopted or
	license issued under this chapter or for a violation of other law
	for which this chapter provides a sanction.
	(b)  The matrix of progressive sanctions adopted under this
	section must provide for increases in amounts of administrative
	penalties based on type, frequency, and seriousness of violations
	and must provide guidance for determining appropriate and graduated
	administrative penalties to assess under this chapter to deter
	future violations, including guidance on considering the factors
	listed in this chapter for determining the amount of a penalty.
	(c)  The matrix of progressive sanctions adopted under this
	section must provide for imposing stronger sanctions, including
	license suspension or revocation, for more serious violations or
	for repeated violations as appropriate to deter future serious or
	repeated violations. The matrix of progressive sanctions must
	describe appropriate time frames to be used in determining whether
	an assisted living facility has committed repeated violations or
	has engaged in a pattern of repeated violations, such as repeated
	violations found in consecutive regular inspections.
	SECTION 10.  Section 247.0451(b), Health and Safety Code, is
	amended to read as follows:
	(b)  Except as provided by Section 247.0452(c), the penalty
	may not exceed $5,000 [$1,000] for each violation. Each day a
	violation occurs or continues after the date the department
	provides written notification of the violation is considered a
	separate violation. The violation is considered a single violation
	for any days of violation that occurred on or before the date the
	department provides written notification of the violation.
	SECTION 11.  Section 247.0452(b), Health and Safety Code, is
	amended to read as follows:
	(b)  The executive commissioner by rule shall define the
	types of minor violations an assisted living facility may correct
	under Subsection (a) before the department may assess an
	administrative penalty. The executive commissioner shall ensure
	that all other violations are not subject to a right to
	correct [Subsection (a) does not apply:
	[(1)     to a violation that the department determines
	results in serious harm to or death of a resident;
	[(2)     to a violation described by Sections
	247.0451(a)(2)-(7) or a violation of Section 260A.014 or 260A.015;
	[(3)  to a second or subsequent violation of:
	[(A)     a right of the same resident under Section
	247.064; or
	[(B)     the same right of all residents under
	Section 247.064; or
	[(4)     to a violation described by Section 247.066,
	which contains its own right to correct provisions].
	SECTION 12.  Section 247.051(a), Health and Safety Code, as
	amended by S.B. No. 219, Acts of the 84th Legislature, Regular
	Session, 2015, is amended to read as follows:
	(a)  The executive commissioner by rule shall establish an
	informal dispute resolution process to address disputes between a
	facility and the department concerning a statement of violations
	prepared by the department in accordance with this section. The
	process must provide for adjudication by an appropriate
	disinterested person of disputes relating to a statement of
	violations. The informal dispute resolution process must require:
	(1)  the assisted living facility to request informal
	dispute resolution not later than the 10th day after the date of
	notification by the department of the violation of a standard or
	standards;
	(2)  that the [commission to complete the] process be
	completed not later than the 90th day after the date of receipt of a
	request from the assisted living facility for informal dispute
	resolution;
	(3)  that, not later than the 10th business day after
	the date an assisted living facility requests an informal dispute
	resolution, the department forward to the assisted living facility
	a copy of all information that is referred to in the disputed
	statement of violations or on which a citation is based in
	connection with the survey, inspection, investigation, or other
	visit, excluding:
	(A)  the name of any complainant, witness, or
	informant;
	(B)  any information that would reasonably lead to
	the identification of a complainant, witness, or informant;
	(C)  information obtained from or contained in the
	records of the facility;
	(D)  information that is publicly available; or
	(E)  information that is confidential by law;
	(4)  that [the commission to give] full consideration
	is given to all [factual] arguments raised during the informal
	dispute resolution process that:
	(A)  are supported by references to specific
	information that the facility or department relies on to dispute or
	support findings in the statement of violations; and
	(B)  are provided by the proponent of the argument
	[to the commission] and the opposing party;
	(5)  that full consideration is given during the
	informal dispute resolution process [staff give full
	consideration] to the information provided by the assisted living
	facility and the department;
	(6)  that ex parte communications concerning the
	substance of any argument relating to a survey, inspection,
	investigation, visit, or statement of violations under
	consideration not occur between the informal dispute resolution
	staff and the assisted living facility or the department; and
	(7)  that the assisted living facility and the
	department be given a reasonable opportunity to submit arguments
	and information supporting the position of the assisted living
	facility or the department and to respond to arguments and
	information presented against them.
	SECTION 13.  Section 250.001(3), Health and Safety Code, as
	amended by S.B. No. 219, Acts of the 84th Legislature, Regular
	Session, 2015, is amended to read as follows:
	(3)  "Facility" means:
	(A)  a nursing facility, custodial care home, or
	other institution licensed by the Department of Aging and
	Disability Services under Chapter 242;
	(B)  an assisted living facility licensed by the
	Department of Aging and Disability Services under Chapter 247;
	(C)  a home and community support services agency
	licensed under Chapter 142;
	(D)  an adult day services [care] facility
	licensed by the Department of Aging and Disability Services under
	Chapter 103, Human Resources Code;
	(E)  an ICF-IID licensed under Chapter 252;
	(F)  an adult foster care provider that contracts
	with the Department of Aging and Disability Services;
	(G)  a facility that provides mental health
	services and that is operated by or contracts with the Department of
	State Health Services;
	(H)  a local mental health authority designated
	under Section 533.035 or a local intellectual and developmental
	disability authority designated under Section 533.035;
	(I)  a person exempt from licensing under Section
	142.003(a)(19);
	(J)  a special care facility licensed by the
	Department of State Health Services under Chapter 248;
	(K)  a mental health service unit of a hospital
	licensed under Chapter 241; or
	(L)  a prescribed pediatric extended care center
	licensed by the Department of Aging and Disability Services under
	Chapter 248A.
	SECTION 14.  Subchapter C, Chapter 252, Health and Safety
	Code, is amended by adding Section 252.0615 to read as follows:
	Sec. 252.0615.  PROGRESSIVE SANCTIONS. (a)  The executive
	commissioner by rule shall create a matrix of progressive sanctions
	that the department must use to assess penalty amounts and impose
	disciplinary actions under this chapter appropriately and fairly
	for a violation of a law, rule, standard, or order adopted or
	license issued under this chapter or for a violation of other law
	for which this chapter provides a sanction.
	(b)  The matrix of progressive sanctions adopted under this
	section must provide for increases in amounts of administrative
	penalties based on type, frequency, and seriousness of violations
	and must provide guidance for determining appropriate and graduated
	administrative penalties to assess under this chapter to deter
	future violations, including guidance on considering the factors
	listed in this chapter for determining the amount of a penalty.
	(c)  The matrix of progressive sanctions adopted under this
	section must provide for imposing stronger sanctions, including
	license suspension or revocation, for more serious violations or
	for repeated violations as appropriate to deter future serious or
	repeated violations. The matrix of progressive sanctions must
	describe appropriate time frames to be used in determining whether
	a facility has committed repeated violations or has engaged in a
	pattern of repeated violations, such as repeated violations found
	in consecutive regular inspections.
	SECTION 15.  Section 252.065, Health and Safety Code, is
	amended by amending Subsection (b) and Subsection (e), as amended
	by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, to
	read as follows:
	(b)  The penalty for a facility with fewer than 60 beds shall
	be not less than $100 or more than $1,000 for each violation. The
	penalty for a facility with 60 beds or more shall be not less than
	$100 or more than $5,000 for each violation. [The total amount of
	the penalty assessed for a violation continuing or occurring on
	separate days under this subsection may not exceed $5,000 for a
	facility with fewer than 60 beds or $25,000 for a facility with 60
	beds or more.] Each day a violation occurs or continues is a
	separate violation for purposes of imposing a penalty.
	(e)  The executive commissioner by rule shall provide the
	facility with a reasonable period of time, not less than 45 days,
	following the first day of a violation to correct the violation
	before the department may assess an administrative penalty if a
	plan of correction has been implemented. The executive
	commissioner by rule shall define the types of minor violations a
	facility may correct before the department may assess an
	administrative penalty. The executive commissioner shall ensure
	that all other violations are not subject to a right to correct
	[This subsection does not apply to a violation described by
	Subsections (a)(2)-(8) or to a violation that the department
	determines:
	[(1)     has resulted in serious harm to or the death of a
	resident;
	[(2)     constitutes a serious threat to the health or
	safety of a resident; or
	[(3)     substantially limits the institution's capacity
	to provide care].
	SECTION 16.  Section 255.003, Health and Safety Code, is
	amended by amending Subsections (b), (e), and (j) and adding
	Subsections (b-1) and (i-1) to read as follows:
	(b)  Monitoring [Priority for monitoring] visits shall be
	given to long-term care facilities:
	(1)  with a history of patient care deficiencies; or
	(2)  that are identified as medium risk through the
	department's early warning system.
	(b-1)  A long-term care facility may request a monitoring
	visit under this section.
	(e)  Quality-of-care monitors shall assess:
	(1)  the overall quality of life in the long-term care
	facility; and
	(2)  specific conditions in the facility directly
	related to patient care, including conditions identified through
	the long-term care facility's quality measure reports based on
	Minimum Data Set Resident Assessments.
	(i-1)  The department shall schedule a follow-up visit not
	later than the 45th day after the date of an initial monitoring
	visit conducted under this section.
	(j)  Conditions observed by the quality-of-care monitor that
	create an immediate threat to the health or safety of a resident
	shall be reported immediately to the long-term care facility
	administrator, to the regional office supervisor for appropriate
	action, and, as appropriate or as required by law, to law
	enforcement, adult protective services, other divisions of the
	department, or other responsible agencies.
	SECTION 17.  Section 255.004, Health and Safety Code, is
	amended by amending Subsection (a) and adding Subsections (a-1) and
	(a-2) to read as follows:
	(a)  In this section:
	(1)  "Abuse" has the meaning assigned by Section
	260A.001.
	(2)  "Immediate threat to health and safety" means a
	situation in which immediate corrective action is necessary because
	the facility's noncompliance with one or more requirements has
	caused, or is likely to cause, serious injury, harm, impairment, or
	death to a resident.
	(3)  "Neglect" has the meaning assigned by Section
	260A.001.
	(a-1)  The department shall create rapid response teams
	composed of health care experts that can visit a long-term care
	facility that:
	(1)  is [facilities] identified as high risk through
	the department's early warning system; or
	(2)  if the long-term care facility is a nursing
	institution, has committed three violations described by Section
	242.061(a-1), within a 24-month period, that constitute an
	immediate threat to health and safety related to the abuse or
	neglect of a resident.
	(a-2)  A long-term care facility shall cooperate with a rapid
	response team deployed under this section to improve the quality of
	care provided at the facility.
	SECTION 18.  Subchapter B, Chapter 533A, Health and Safety
	Code, as added by S.B. 219, Acts of the 84th Legislature, Regular
	Session, 2015, is amended by adding Section 533A.044 to read as
	follows:
	Sec. 533A.044.  CRISIS INTERVENTION TEAMS. (a)  In this
	section, "crisis intervention team" means a team of individuals
	specially trained to provide services and support to persons with
	an intellectual or developmental disability who have behavioral
	health needs and who are at risk of institutionalization.
	(b)  The department shall evaluate the effectiveness of
	various models of crisis intervention teams that are funded under a
	waiver under Section 1115 of the federal Social Security Act (42
	U.S.C. Section 1315) and operated by a local intellectual and
	developmental disability authority.
	(c)  Not later than March 1, 2016, the department shall
	select for implementation one or more models for crisis
	intervention teams the department determines best provide
	comprehensive, cost-effective support.
	(d)  The department shall determine the areas in this state
	in which local intellectual and developmental disability
	authorities do not operate crisis intervention teams. Subject to
	available funding, the department shall develop a statewide system
	of locally managed crisis intervention teams by:
	(1)  expanding existing teams to reach other local
	service areas; or
	(2)  implementing new teams that operate in accordance
	with a model selected under Subsection (c).
	SECTION 19.  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 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 evaluate
	each state supported living center in the state to determine
	whether closure of the center is recommended to maintain only the
	number of centers necessary to meet the level of need in the state.
	In evaluating each state supported living center, the restructuring
	commission shall consider:
	(1)  the quality of services provided by the center,
	including the center's regulatory compliance 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, as amended, between the department and the United States
	Department of Justice regarding services provided to individuals
	with an intellectual or developmental disability 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 closes;
	(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 closure of 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 center's closure;
	(11)  closure costs; and
	(12)  any other criteria the restructuring commission
	considers appropriate.
	(c-1)  The restructuring commission shall hold public
	hearings throughout the state in a manner that accommodates
	individuals with disabilities and their families to solicit input
	during the evaluation process under Subsection (c).
	(d)  Not later than December 1, 2016, 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, if applicable, proposing the closure of certain
	centers.
	(e)  A member of the restructuring commission may not:
	(1)  have a direct or indirect interest in any contract
	or proposed contract with a licensed provider of ICF-IID services,
	or other provider of services to individuals with an intellectual
	or developmental disability;
	(2)  acquire a direct or indirect pecuniary interest in
	any 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 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;
	(5)  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;
	(6)  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;
	(7)  be a resident of a state supported living center;
	or
	(8)  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.
	(f)  The restructuring commission is abolished and this
	section expires January 1, 2017.
	Sec. 555.202.  RECOMMENDED CLOSURES OF STATE SUPPORTED
	LIVING CENTERS. (a)  If the restructuring commission proposes the
	closure of one or more state supported living centers, the 85th
	Legislature shall consider legislation proposing the closure of the
	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 ensure that each
	state supported living center approved by the legislature for
	closure under Subsection (a) is closed not later than August 31,
	2025.
	(c)  This subchapter expires September 1, 2025.
	Sec. 555.203.  CLOSURE OF AUSTIN STATE SUPPORTED LIVING
	CENTER. (a)  The department shall establish a closure plan for the
	Austin State Supported Living Center. The plan must provide for
	closure of the facility and operations of the Austin State
	Supported Living Center not later than August 31, 2017.
	(b)  The closure plan must provide procedures to transition
	each resident of the Austin State Supported Living Center to the
	community or to another state supported living center, taking into
	consideration:
	(1)  whether the resident's care team recommends
	placement in the community;
	(2)  whether a community placement is available for the
	resident; and
	(3)  the resident's choice.
	(c)  The department may award one-time retention bonuses to
	each person who holds a position designated as eligible for a bonus
	by the commissioner and who agrees to continue to provide services
	at the Austin State Supported Living Center until the center is
	closed.
	(d)  The proceeds from the closure, including from the sale
	or lease of facilities or other property, may be appropriated only
	for services for persons with an intellectual or developmental
	disability, including persons with a dual diagnosis of an
	intellectual or developmental disability and mental illness.
	(e)  Not later than August 31, 2018, the department shall
	evaluate the closure process, including how well the closure plan
	worked, and, if appropriate, establish policies for improving the
	closure process for future closures of other state supported living
	centers.
	(f)  This section expires September 1, 2018.
	SECTION 20.  Section 531.0318, Government Code, is amended
	by adding Subsections (b-1), (b-2), (d), and (e) to read as follows:
	(b-1)  Except as provided by Subsection (b-2), the
	information for consumers required by this section must include for
	each provider of long-term care services:
	(1)  a rating assigned by the Department of Aging and
	Disability Services indicating the quality of the care provided or,
	alternatively, a link to a rating assigned a provider on an Internet
	website maintained by the federal government;
	(2)  information concerning quality of care, as that
	information becomes available;
	(3)  staffing information, if available, including for
	each year the number of staff members who began employment with the
	provider during that year and the number of staff members who ceased
	employment with the provider during that year;
	(4)  the ratio of staff members to residents; and
	(5)  the provider's regulatory performance, as
	available.
	(b-2)  Subsection (b-1)(1) does not apply to, and the
	Department of Aging and Disability Services is not required to
	include the information described by that subsection for, a
	facility licensed under Chapter 247, Health and Safety Code.
	(d)  The Department of Aging and Disability Services shall
	immediately post notice on the department's Internet website when a
	provider of long-term care services loses its Medicaid
	certification.
	(e)  The Department of Aging and Disability Services shall
	periodically solicit input regarding the content of the information
	required under this section and the usability and accessibility of
	the website on which the information is located from consumers,
	consumer advocates, long-term care services providers, and the
	general public.
	SECTION 21.  Section 531.058(a), Government Code, as amended
	by S.B. No. 219, Acts of the 84th Legislature, Regular Session,
	2015, and Section 531.058(c), Government Code, are amended to read
	as follows:
	(a)  The executive commissioner by rule shall establish an
	informal dispute resolution process in accordance with this
	section. The process must provide for adjudication by an
	appropriate disinterested person of disputes relating to a proposed
	enforcement action or related proceeding of the commission under
	Section 32.021(d), Human Resources Code, or the Department of Aging
	and Disability Services under Chapter 242, 247, or 252, Health and
	Safety Code. The informal dispute resolution process must require:
	(1)  an institution or facility to request informal
	dispute resolution not later than the 10th calendar day after
	notification by the commission or department, as applicable, of the
	violation of a standard or standards; and
	(2)  the completion of [commission to complete] the
	process not later than:
	(A)  the 30th calendar day after receipt of a
	request from an institution or facility, other than an assisted
	living facility, for informal dispute resolution; or
	(B)  the 90th calendar day after receipt of a
	request from an assisted living facility for informal dispute
	resolution.
	(c)  The commission may not delegate its responsibility to
	administer the informal dispute resolution process established by
	this section to another state agency. This section does not apply
	to the informal dispute resolution process established by Section
	247.051, Health and Safety Code, applicable to assisted living
	facilities licensed under Chapter 247, Health and Safety Code.
	SECTION 22.  Section 531.058, Government Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1)  As part of the informal dispute resolution process
	established under this section, the commission shall contract with
	an appropriate disinterested person who is a nonprofit organization
	to adjudicate disputes between an institution or facility licensed
	under Chapter 242, Health and Safety Code, and the Department of
	Aging and Disability Services concerning a statement of violations
	prepared by the department in connection with a survey conducted by
	the department of the institution or facility. Section 2009.053
	does not apply to the selection of an appropriate disinterested
	person under this subsection.  The person with whom the commission
	contracts shall adjudicate all disputes described by this
	subsection.
	SECTION 23.  Section 531.951(a), Government Code, is amended
	to read as follows:
	(a)  This subchapter applies only to the final licensing,
	listing, or registration decisions of a health and human services
	agency with respect to a person under the law authorizing the agency
	to regulate the following types of persons:
	(1)  a youth camp licensed under Chapter 141, Health
	and Safety Code;
	(2)  a home and community support services agency
	licensed under Chapter 142, Health and Safety Code;
	(3)  a hospital licensed under Chapter 241, Health and
	Safety Code;
	(4)  an institution licensed under Chapter 242, Health
	and Safety Code;
	(5)  an assisted living facility licensed under Chapter
	247, Health and Safety Code;
	(6)  a special care facility licensed under Chapter
	248, Health and Safety Code;
	(7)  an intermediate care facility licensed under
	Chapter 252, Health and Safety Code;
	(8)  a chemical dependency treatment facility licensed
	under Chapter 464, Health and Safety Code;
	(9)  a mental hospital or mental health facility
	licensed under Chapter 577, Health and Safety Code;
	(10)  a child-care facility or child-placing agency
	licensed under or a family home listed or registered under Chapter
	42, Human Resources Code; or
	(11)  an adult day services [day-care] facility
	licensed under Chapter 103, Human Resources Code.
	SECTION 24.  Subchapter D, Chapter 48, Human Resources Code,
	is amended by adding Section 48.15221 to read as follows:
	Sec. 48.15221.  REPORTS CONCERNING DAY HABILITATION
	SERVICES PROVIDERS. (a)  In this section, "day habilitation
	services" and "day habilitation services provider" have the
	meanings assigned by Section 161.401.
	(b)  The department shall prepare and submit to the
	Department of Aging and Disability Services an annual report of the
	number of investigations arising from a report of abuse, neglect,
	or exploitation of a person with an intellectual or developmental
	disability that was allegedly committed by or on the premises of a
	day habilitation services provider, and whether the investigation
	concluded that the report of alleged abuse, neglect, or
	exploitation was confirmed, unconfirmed, inconclusive, or
	unfounded.
	(c)  The duty to prepare and submit a report under Subsection
	(b) does not affect the duty of the department to investigate and
	hold accountable a community-based intellectual and developmental
	disabilities services provider or intermediate care facility for
	any abuse, neglect, or exploitation of a person who receives day
	habilitation services from the provider.
	SECTION 25.  The heading to Chapter 103, Human Resources
	Code, is amended to read as follows:
	CHAPTER 103. ADULT DAY SERVICES [CARE]
	SECTION 26.  Section 103.001, Human Resources Code, as
	amended by S.B. No. 219, Acts of the 84th Legislature, Regular
	Session, 2015, is amended to read as follows:
	Sec. 103.001.  PURPOSE. It is the purpose of this chapter to
	establish programs of quality adult day services [care and day
	health care] that will enable persons with disabilities who have
	medical or functional impairments and elderly persons to maintain
	maximum independence and to prevent premature or inappropriate
	institutionalization.  It is the purpose of this chapter to provide
	adequately regulated supervision for elderly persons and persons
	with disabilities while enabling them to remain in a family
	environment and affording the family a measure of normality in its
	daily activities.  The legislature intends to provide for the
	development of policies and programs that will:
	(1)  provide alternatives to institutionalization;
	(2)  establish facilities for adult day services [care
	and day health care] throughout the state that offer services and
	are accessible to economically disadvantaged persons; and
	(3)  prevent inappropriate institutionalization.
	SECTION 27.  Section 103.002, Human Resources Code, is
	amended to read as follows:
	Sec. 103.002.  SHORT TITLE. This chapter may be cited as the
	Adult Day Services [Care] Act.
	SECTION 28.  Section 103.003(1), Human Resources Code, as
	amended by S.B. No. 219, Acts of the 84th Legislature, Regular
	Session, 2015, is amended to read as follows:
	(1)  "Adult day services [day-care] facility" means a
	facility that provides services under an adult day services
	[day-care] program on a daily or regular basis but not overnight to
	four or more elderly persons or persons with disabilities who are
	not related by blood, marriage, or adoption to the owner of the
	facility.
	SECTION 29.  Section 103.003(2), Human Resources Code, is
	amended to read as follows:
	(2)  "Adult day services [day-care] program" means a
	structured, comprehensive program that is designed to meet the
	needs of adults with functional impairments through an individual
	plan of care by providing health, social, and related support
	services in a protective setting.
	SECTION 30.  Section 103.0041(a), Human Resources Code, is
	amended to read as follows:
	(a)  A person may not operate an adult day services
	[day-care] facility without a license issued under this chapter.
	SECTION 31.  Section 103.006(a), Human Resources Code, is
	amended to read as follows:
	(a)  The department shall issue a license to operate an adult
	day services [day-care] facility to a person who has met the
	application requirements and received approval after an on-site
	inspection.
	SECTION 32.  Section 103.007(a), Human Resources Code, is
	amended to read as follows:
	(a)  An applicant for a license to operate an adult day
	services [day-care] facility must file an application on a form
	prescribed by the department together with a license fee of $50.
	SECTION 33.  Section 103.0075(a), Human Resources Code, as
	amended by S.B. No. 219, Acts of the 84th Legislature, Regular
	Session, 2015, is amended to read as follows:
	(a)  The executive commissioner by rule shall adopt a
	procedure under which a person proposing to construct or modify an
	adult day services [day-care] facility may submit building plans to
	the department for review for compliance with the department's
	architectural requirements before beginning construction or
	modification. In adopting the procedure, the executive
	commissioner shall set reasonable deadlines by which the department
	must complete review of submitted plans.
	SECTION 34.  Chapter 103, Human Resources Code, is amended
	by adding Section 103.0085 to read as follows:
	Sec. 103.0085.  PROGRESSIVE SANCTIONS. (a)  The executive
	commissioner by rule shall create a matrix of progressive sanctions
	that the department must use to assess penalty amounts and impose
	disciplinary actions under this chapter appropriately and fairly
	for a violation of a law, rule, standard, or order adopted or
	license issued under this chapter or for a violation of other law
	for which this chapter provides a sanction.
	(b)  The matrix of progressive sanctions adopted under this
	section must provide for increases in amounts of administrative
	penalties based on type, frequency, and seriousness of violations
	and must provide guidance for determining appropriate and graduated
	administrative penalties to assess under this chapter to deter
	future violations, including guidance on considering the factors
	listed in this chapter for determining the amount of a penalty.
	(c)  The matrix of progressive sanctions adopted under this
	section must provide for imposing stronger sanctions, including
	license suspension or revocation, for more serious violations or
	for repeated violations as appropriate to deter future serious or
	repeated violations. The matrix of progressive sanctions must
	describe appropriate time frames to be used in determining whether
	an adult day services facility has committed repeated violations or
	has engaged in a pattern of repeated violations, such as repeated
	violations found in consecutive regular inspections.
	SECTION 35.  Section 103.0091(a), Human Resources Code, is
	amended to read as follows:
	(a)  The department may petition a district court for a
	temporary restraining order to restrain a continuing violation of
	the standards or licensing requirements provided under this chapter
	if the department finds that the violation creates an immediate
	threat to the health and safety of the adult day services facility
	[day-care] residents.
	SECTION 36.  Section 103.0092(a), Human Resources Code, is
	amended to read as follows:
	(a)  If the department finds an adult day services [day-care]
	facility operating in violation of the standards prescribed by this
	chapter and the violations create an immediate threat to the health
	and safety of a resident in the facility, the department shall
	suspend the license or order immediate closing of all or part of the
	facility.
	SECTION 37.  Section 103.011, Human Resources Code, is
	amended to read as follows:
	Sec. 103.011.  RIGHTS OF THE ELDERLY. (a)  In addition to
	other rights an individual attending an adult day services [care]
	facility has as a citizen, an individual who is 55 years of age or
	older has the rights prescribed by Chapter 102 of this code.
	(b)  The department shall require each adult day services
	[care] facility to implement and enforce the applicable provisions
	of Chapter 102 of this code.
	SECTION 38.  Section 103.012(a), Human Resources Code, is
	amended to read as follows:
	(a)  The department may assess an administrative penalty
	against a person who:
	(1)  violates this chapter, a rule, standard, or order
	adopted under this chapter, or a term of a license issued under this
	chapter;
	(2)  makes a false statement of a material fact that the
	person knows or should know is false:
	(A)  on an application for issuance or renewal of
	a license or in an attachment to the application; or
	(B)  with respect to a matter under investigation
	by the department;
	(3)  refuses to allow a representative of the
	department to inspect:
	(A)  a book, record, or file required to be
	maintained by an adult day services [day-care] facility; or
	(B)  any portion of the premises of an adult day
	services [day-care] facility;
	(4)  wilfully interferes with the work of a
	representative of the department or the enforcement of this
	chapter;
	(5)  wilfully interferes with a representative of the
	department preserving evidence of a violation of this chapter, a
	rule, standard, or order adopted under this chapter, or a term of a
	license issued under this chapter;
	(6)  fails to pay a penalty assessed under this chapter
	not later than the 30th day after the date the assessment of the
	penalty becomes final; or
	(7)  fails to notify the department of a change of
	ownership before the effective date of the change of ownership.
	SECTION 39.  Section 103.013, Human Resources Code, is
	amended to read as follows:
	Sec. 103.013.  RIGHT TO CORRECT BEFORE IMPOSITION OF
	ADMINISTRATIVE PENALTY. (a)  The department may not collect an
	administrative penalty from an adult day services [day-care]
	facility under Section 103.012 if, not later than the 45th day after
	the date the facility receives notice under Section 103.014(c), the
	facility corrects the violation.
	(b)  The executive commissioner of the Health and Human
	Services Commission by rule shall define types of minor violations
	an adult day services facility may correct under Subsection (a)
	before assessing an administrative penalty. The executive
	commissioner shall ensure that all other violations are not subject
	to a right to correct [Subsection (a) does not apply to:
	[(1)  a violation that the department determines:
	[(A)     results in serious harm to or death of a
	person attending the facility;
	[(B)     constitutes a serious threat to the health
	and safety of a person attending the facility; or
	[(C)     substantially limits the facility's
	capacity to provide care;
	[(2)     a violation described by Sections
	103.012(a)(2)-(7); or
	[(3)  a violation of Section 103.011].
	(c)  An adult day services [day-care] facility that corrects
	a violation must maintain the correction.  If the facility fails to
	maintain the correction until at least the first anniversary after
	the date the correction was made, the department may assess and
	collect an administrative penalty for the subsequent violation.  An
	administrative penalty assessed under this subsection is equal to
	three times the amount of the original penalty assessed but not
	collected.  The department is not required to provide the facility
	with an opportunity under this section to correct the subsequent
	violation.
	SECTION 40.  Sections 103.014(c) and (e), Human Resources
	Code, are amended to read as follows:
	(c)  The department shall give written notice of the report
	to the person charged with the violation not later than the 10th day
	after the date on which the report is issued.  The notice must
	include:
	(1)  a brief summary of the charges;
	(2)  a statement of the amount of penalty recommended;
	(3)  a statement of whether the violation is subject to
	correction under Section 103.013 and, if the violation is subject
	to correction under that section, a statement of:
	(A)  the date on which the adult day services
	[day-care] facility must file a plan of correction with the
	department that the department shall review and may approve, if
	satisfactory; and
	(B)  the date on which the plan of correction must
	be completed to avoid assessment of the penalty; and
	(4)  a statement that the person charged has a right to
	a hearing on the occurrence of the violation, the amount of the
	penalty, or both.
	(e)  If the violation is subject to correction under Section
	103.013, the adult day services [day-care] facility shall submit a
	plan of correction to the department for approval not later than the
	10th day after the date on which the notice under Subsection (c) is
	received.
	SECTION 41.  Section 161.080, Human Resources Code, is
	amended by adding Subsection (c) to read as follows:
	(c)  The executive commissioner by rule shall establish a
	list of services a state supported living center may provide under a
	contract described by Subsection (a) and a schedule of fees the
	state supported living center may charge for those services. In
	establishing the schedule of fees for services, the executive
	commissioner shall use the reimbursement rate for the applicable
	service under the Medicaid program.
	SECTION 42.  Chapter 161, Human Resources Code, is amended
	by adding Subchapter J to read as follows:
	SUBCHAPTER J. POWERS AND DUTIES RELATING TO DAY HABILITATION
	SERVICES PROVIDERS
	Sec. 161.401.  DEFINITIONS. In this subchapter:
	(1)  "Day habilitation services" means services to
	assist persons with an intellectual or developmental disability in
	acquiring, retaining, and improving the self-help, socialization,
	and adaptive skills necessary to reside successfully in the
	community, including prevocational and educational services.
	(2)  "Day habilitation services provider" means a
	person who contracts with a community-based intellectual and
	developmental disabilities services provider or intermediate care
	facility to provide federally funded Medicaid day habilitation
	services authorized under Section 1915(c) of the federal Social
	Security Act (42 U.S.C. Section 1396n(c)).
	Sec. 161.402.  DAY HABILITATION SERVICES PROVIDER
	INFORMATION TRACKING. (a)  Each community-based intellectual and
	developmental disabilities services provider and intermediate care
	facility shall annually submit to the department a report
	providing:
	(1)  an estimate of the number of clients receiving day
	habilitation services for each month of that year;
	(2)  the physical address of each day habilitation
	services provider that provided those services;
	(3)  the services provided to those clients; and
	(4)  an estimate of monthly expenditures for the
	provision of those services to those clients.
	(b)  The department shall maintain information obtained
	during a department inspection of a day habilitation services
	provider concerning conduct or conditions that would constitute a
	violation of federal or state law or of department rules applicable
	to the community-based intellectual and developmental disabilities
	services provider or intermediate care facility with which the day
	habilitation services provider contracts.
	(c)  The department shall maintain information concerning an
	investigation of abuse, neglect, or exploitation concerning a day
	habilitation services provider that the department receives from
	the Department of Family and Protective Services under Section
	48.15221.
	Sec. 161.403.  DAY HABILITATION PROGRAM ADVISORY COMMITTEE.
	(a)  Not later than September 1, 2015, the department shall
	establish a day habilitation program advisory committee composed of
	members that represent community-based waiver providers, owners of
	day habilitation services providers, and advocates for persons with
	an intellectual or developmental disability.
	(b)  The day habilitation program advisory committee shall
	consider and make recommendations concerning whether the provision
	of day habilitation services in this state should be redesigned and
	whether day habilitation services providers should be subject to
	regulation, including by licensure or certification.
	(c)  In considering the redesign of the provision of day
	habilitation services in this state, the day habilitation program
	advisory committee shall examine whether day habilitation service
	providers currently comply with the requirements of 42 C.F.R.
	Section 441.301.
	(d)  The day habilitation program advisory committee shall
	also consider and make recommendations concerning issues relevant
	to the provision of day habilitation services, including the
	appropriate funding for services, reimbursable settings and
	services, staff-to-client ratio requirements, safety requirements,
	and other required or applicable standards.
	(e)  Not later than September 1, 2016, the day habilitation
	program advisory committee 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
	containing the committee's recommendations concerning the redesign
	of the provision of day habilitation services in this state and the
	necessity for regulation, licensure, or certification of day
	habilitation services providers.
	(f)  The day habilitation program advisory committee is
	abolished and this section expires December 31, 2016.
	SECTION 43.  (a) Subchapter A, Chapter 161, Human Resources
	Code, is amended by adding Sections 161.0031 and 161.004 to read as
	follows:
	Sec. 161.0031.  INAPPLICABILITY OF CERTAIN LAW.
	Notwithstanding Section 161.003, Section 325.017, Government Code,
	does not apply to the department.
	Sec. 161.004.  MEANING OF CERTAIN REFERENCES IN LAW. (a) A
	reference in this chapter or in any other law to the department in
	relation to a function transferred under Section 161.012 means the
	commission or the division of the commission performing the
	function after its transfer.
	(b)  In this chapter or in any other law and notwithstanding
	any other law, a reference to any of the following state agencies or
	to the chief executive officer or governing body of any of the
	following state agencies in relation to a function transferred to
	the commission under Section 161.012 from the department that the
	department assumed in accordance with Chapter 198 (H.B. 2292), Acts
	of the 78th Legislature, Regular Session, 2003, means the executive
	commissioner, the commission, or the division of the commission
	performing the function after its transfer to the commission:
	(1)  the Texas Department on Aging;
	(2)  the Texas Department of Human Services; and
	(3)  the Texas Department of Mental Health and Mental
	Retardation.
	(c)  A reference in this chapter or in any other law to the
	commissioner in relation to a function transferred under Section
	161.012 means the executive commissioner, the executive
	commissioner's designee, or the director of the division of the
	commission performing the function after its transfer.
	(d)  A reference in this chapter or in any other law to the
	council in relation to a function after its transfer under Section
	161.012 means the executive commissioner or the executive
	commissioner's designee, as appropriate, and a function previously
	performed by the council is a function of that appropriate person.
	(b)  Chapter 161, Human Resources Code, is amended by adding
	Subchapter A-1 to read as follows:
	SUBCHAPTER A-1. TRANSFER OF AGING AND DISABILITY SERVICES TO
	COMMISSION
	Sec. 161.011.  DEFINITIONS. In this subchapter:
	(1)  "Administrative support services" has the meaning
	assigned by Section 531.0055(d), Government Code.
	(2)  "Function" includes a power, duty, program, or
	activity of a state agency or entity.
	Sec. 161.012.  TRANSFER OF AGING AND DISABILITY SERVICES TO
	COMMISSION. (a) Not later than September 1, 2016, the following
	functions are transferred to the commission as provided by this
	subchapter:
	(1)  appropriate department administrative support
	services functions, as determined by the executive commissioner in
	consultation with the department;
	(2)  all department client services functions, as
	defined by the executive commissioner by rule; and
	(3)  all functions of the council.
	(b)  On or after September 1, 2016, but not later than
	September 1, 2017, all functions, including administrative support
	services functions, that remained with the department after the
	initial transfer of functions under Subsection (a) are transferred
	to the commission.
	Sec. 161.013.  EFFECT OF TRANSFERS. (a) All of the
	following that relate to a function that is transferred under
	Section 161.012 are transferred to the commission on the date the
	related function is transferred to the commission:
	(1)  all obligations and contracts, including
	obligations and contracts related to a grant program;
	(2)  all property and records in the custody of the
	department or council from which the function is transferred;
	(3)  all funds appropriated by the legislature and
	other money;
	(4)  all complaints, investigations, or contested
	cases that are pending before the department or the commissioner,
	without change in status; and
	(5)  all necessary personnel, as determined by the
	executive commissioner.
	(b)  A rule, policy, or form adopted by or on behalf of the
	department or council that relates to a function that is
	transferred under Section 161.012 becomes a rule, policy, or form
	of the commission on transfer of the related function and remains in
	effect:
	(1)  until altered by the executive commissioner or
	commission, as appropriate; or
	(2)  unless it conflicts with a rule, policy, or form of
	the commission.
	(c)  A license, permit, or certification in effect that was
	issued by the department that relates to a function that is
	transferred under Section 161.012 is continued in effect as a
	license, permit, or certification of the commission on transfer of
	the related function until the license, permit, or certification
	expires, is suspended or revoked, or otherwise becomes invalid.
	Sec. 161.014.  APPLICABILITY OF FORMER LAW. An action
	brought or proceeding commenced before the date of a transfer
	prescribed by this subchapter, including a contested case or a
	remand of an action or proceeding by a reviewing court, is governed
	by the laws and rules applicable to the action or proceeding before
	the transfer.
	Sec. 161.015.  AUTHORITY OF DEPARTMENT. The powers and
	authority of the department with respect to a function are not
	reduced or otherwise limited until the date the function is
	transferred in accordance with this subchapter, notwithstanding
	Section 161.003 or any other law.
	Sec. 161.016.  EXPIRATION OF SUBCHAPTER. This subchapter
	expires September 1, 2019.
	(c)  Section 161.003, Human Resources Code, as amended by
	S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
	is amended to read as follows:
	Sec. 161.003.  SUNSET PROVISION. The department is subject
	to Chapter 325, Government Code (Texas Sunset Act).  Unless
	continued in existence as provided by that chapter, the department
	is abolished [and this chapter expires] September 1, 2015.
	(d)  As soon as appropriate under Subchapter A-1, Chapter
	161, Human Resources Code, as added by this section, and in a manner
	that minimizes disruption of services, the Health and Human
	Services Commission shall take appropriate action to be designated
	as the state agency responsible under federal law for any state or
	federal program that is transferred to the commission in accordance
	with that subchapter and for which federal law requires the
	designation of a responsible state agency.
	(e)  Effective September 1, 2016, the following provisions
	of the Human Resources Code, including provisions amended by S.B.
	No. 219, Acts of the 84th Legislature, Regular Session, 2015, are
	repealed:
	(1)  Section 161.021;
	(2)  Section 161.022;
	(3)  Section 161.023;
	(4)  Section 161.024;
	(5)  Section 161.025;
	(6)  Section 161.026;
	(7)  Section 161.027;
	(8)  Section 161.028;
	(9)  Section 161.029; and
	(10)  Section 161.030.
	(f)  Effective September 1, 2017, the following provisions
	of the Human Resources Code, including provisions added or amended
	by S.B. No. 219, Acts of the 84th Legislature, Regular Session,
	2015, are repealed:
	(1)  Section 161.002;
	(2)  Section 161.032;
	(3)  Section 161.051;
	(4)  Section 161.052;
	(5)  Section 161.053;
	(6)  Section 161.054;
	(7)  Section 161.055;
	(8)  Section 161.056;
	(9)  Section 161.0711;
	(10)  Section 161.0712; and
	(11)  Section 161.072.
	(g)  Notwithstanding Subsections (e) and (f) of this
	section, the implementation of a provision repealed by one of those
	subsections ceases on the date all functions of the Department of
	Aging and Disability Services or the Aging and Disability Services
	Council are transferred to the Health and Human Services Commission
	as provided by Subchapter A-1, Chapter 161, Human Resources Code,
	as added by this section, to the extent the department or council is
	responsible for the provision's implementation.
	(h)  This section takes effect only if the Department of
	Aging and Disability Services is not continued in existence by any
	legislation of the 84th Legislature, Regular Session, 2015.
	(i)  Subject to Subsection (h) of this section, this section
	takes effect September 1, 2015.
	SECTION 44.  The following laws are repealed:
	(1)  Section 247.051(b), Health and Safety Code, as
	amended by S.B. No. 219, Acts of the 84th Legislature, Regular
	Session, 2015; and
	(2)  Section 101A.158, Human Resources Code, as added
	by S.B. No. 219, Acts of the 84th Legislature, Regular Session,
	2015.
	SECTION 45.  (a) Not later than September 1, 2016, the
	executive commissioner of the Health and Human Services Commission
	shall adopt by rule the matrices of progressive sanctions required
	by Sections 142.0125, 242.0613, 247.0415, and 252.0615, Health and
	Safety Code, and Section 103.0085, Human Resources Code, as added
	by this Act. Before the executive commissioner of the Health and
	Human Services Commission publishes a notice of a proposed rule
	under this subsection, the executive commissioner shall solicit
	input from stakeholders concerning the development of those rules.
	(b)  Not later than September 1, 2015, the governor shall
	appoint five members of the state supported living center
	restructuring commission, as required by Section 555.201, Health
	and Safety Code, as added by this Act.
	(c)  Not later than September 1, 2016, the executive
	commissioner of the Health and Human Services Commission shall
	adopt the rule listing services a state supported living center may
	provide under a contract and the schedule of fees for those services
	as required by Section 161.080, Human Resources Code, as amended by
	this Act.
	SECTION 46.  (a) As soon as possible after the effective
	date of this Act, the Department of Aging and Disability Services or
	the Health and Human Services Commission, as appropriate, shall
	apply for any waiver or other authorization from a federal agency
	that is necessary to implement this Act.  The department and
	commission may delay implementing this Act until the waiver or
	authorization is granted.
	(b)  As soon as practicable after the effective date of this
	Act:
	(1)  the executive commissioner of the Health and Human
	Services Commission shall adopt the rules necessary to implement
	Section 531.058(a-1), Government Code, as added by this Act; and
	(2)  the Department of Aging and Disability Services
	and the Health and Human Services Commission shall, as appropriate,
	revise or enter into a memorandum of understanding as required by a
	federal agency that is necessary to implement Section 531.058(a-1),
	Government Code, as added by this Act.
	SECTION 47.  Sections 242.061(a-2) and (a-3), Health and
	Safety Code, as added by this Act, apply only to a violation
	committed on or after September 1, 2016.  A violation committed
	before September 1, 2016, is governed by the law in effect on the
	date the violation was committed, and the former law is continued in
	effect for that purpose. For purposes of this section, a violation
	was committed before September 1, 2016, if any element of the
	violation occurred before that date.
	SECTION 48.  (a) Except as otherwise provided by this Act,
	including Subsection (b) of this section, 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.
	(b)  Sections 242.061(a-2) and (a-3), Health and Safety
	Code, as added by this Act, take effect September 1, 2016.