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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of information regarding centers for |
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independent living for certain persons with an intellectual or |
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developmental disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Section 29.0033 to read as follows: |
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Sec. 29.0033. INTELLECTUAL OR DEVELOPMENTAL DISABILITY |
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CARE INFORMATION. (a) In this section, "center for independent |
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living" has the meaning assigned by Section 702 of the federal |
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Rehabilitation Act of 1973 (29 U.S.C. Section 796a). |
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(b) Each school district and open-enrollment charter school |
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shall provide informational materials on centers for independent |
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living to a parent or legal guardian whose child: |
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(1) receives special education services under this |
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subchapter; or |
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(2) is covered by Section 504 of the federal |
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Rehabilitation Act of 1973 (29 U.S.C. Section 794). |
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(c) The Health and Human Services Commission, in |
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collaboration with the agency, shall develop and provide the agency |
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the informational materials required to be provided to parents or |
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legal guardians under Subsection (b). The materials must include: |
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(1) a description of the health care and other |
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services available to persons with an intellectual or developmental |
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disability through a center for independent living; and |
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(2) the contact information for centers of independent |
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living in this state. |
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(d) The agency shall make the materials developed under this |
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section available to school districts and open-enrollment charter |
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schools. |
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SECTION 2. Section 161.501(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A hospital, birthing center, physician, nurse midwife, |
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or midwife who provides prenatal care to a pregnant woman during |
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gestation or at delivery of an infant shall: |
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(1) provide the woman and the father of the infant, if |
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possible, or another adult caregiver for the infant, with a |
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resource pamphlet that includes: |
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(A) a list of the names, addresses, and phone |
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numbers of professional organizations that provide postpartum |
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counseling and assistance to parents relating to postpartum |
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depression and other emotional trauma associated with pregnancy and |
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parenting; |
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(B) information regarding the prevention of |
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shaken baby syndrome including: |
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(i) techniques for coping with anger caused |
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by a crying baby; |
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(ii) different methods for preventing a |
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person from shaking a newborn, infant, or other young child; |
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(iii) the dangerous effects of shaking a |
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newborn, infant, or other young child; and |
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(iv) the symptoms of shaken baby syndrome |
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and who to contact, as recommended by the American Academy of |
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Pediatrics, if a parent suspects or knows that a baby has been |
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shaken in order to receive prompt medical treatment; |
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(C) a list of diseases for which a child is |
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required by state law to be immunized and the appropriate schedule |
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for the administration of those immunizations; |
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(D) the appropriate schedule for follow-up |
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procedures for newborn screening; |
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(E) information regarding sudden infant death |
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syndrome, including current recommendations for infant sleeping |
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conditions to lower the risk of sudden infant death syndrome; |
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(F) educational information in both English and |
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Spanish on: |
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(i) pertussis disease and the availability |
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of a vaccine to protect against pertussis, including information on |
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the Centers for Disease Control and Prevention recommendation that |
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parents receive Tdap during the postpartum period to protect |
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newborns from the transmission of pertussis; and |
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(ii) the incidence of cytomegalovirus, |
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birth defects caused by congenital cytomegalovirus, and available |
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resources for the family of an infant born with congenital |
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cytomegalovirus; and |
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(G) the danger of heatstroke for a child left |
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unattended in a motor vehicle; |
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(2) if the woman is a recipient of medical assistance |
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under Chapter 32, Human Resources Code, provide the woman and the |
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father of the infant, if possible, or another adult caregiver with a |
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resource guide that includes information in both English and |
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Spanish relating to the development, health, and safety of a child |
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from birth until age five, including information relating to: |
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(A) selecting and interacting with a primary |
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health care practitioner and establishing a "medical home" for the |
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child; |
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(B) dental care; |
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(C) effective parenting; |
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(D) child safety; |
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(E) the importance of reading to a child; |
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(F) expected developmental milestones; |
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(G) health care resources available in the state; |
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(H) selecting appropriate child care; and |
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(I) other resources available in the state; |
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(3) if the infant is born with an intellectual or |
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developmental disability, provide the woman and the father of the |
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infant, if possible, or another adult caregiver of the infant with a |
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resource guide on centers for independent living as defined by |
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Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C. |
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Section 796a) and the services provided by the centers for a child |
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with an intellectual or developmental disability; |
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(4) document in the woman's record that the woman |
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received the resource pamphlet described in Subdivision (1) and the |
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resource guide described in Subdivision (2) or (3), if applicable; |
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and |
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(5) [(4)] retain the documentation for at least five |
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years in the hospital's, birthing center's, physician's, nurse |
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midwife's, or midwife's records. |
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SECTION 3. Subtitle E, Title 7, Health and Safety Code, is |
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amended by adding Chapter 616 to read as follows: |
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CHAPTER 616. INTELLECTUAL OR DEVELOPMENTAL DISABILITY CARE |
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INFORMATION |
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Sec. 616.001. DEFINITION. In this section, "center for |
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independent living" has the meaning assigned by Section 702 of the |
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federal Rehabilitation Act of 1973 (29 U.S.C. Section 796a). |
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Sec. 616.002. PROVISION OF INFORMATION TO PERSON DIAGNOSED |
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WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITY. (a) A health care |
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provider who diagnoses an individual with an intellectual or |
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developmental disability shall provide the individual and, if |
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appropriate, the individual's parent, managing conservator, |
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guardian, or caregiver informational materials on centers for |
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independent living described by Subsection (b). |
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(b) The Health and Human Services Commission shall develop |
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informational materials regarding centers for independent living |
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and post the materials on the commission's Internet website. The |
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informational materials must include: |
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(1) a description of the health care and other |
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services available to persons with an intellectual or developmental |
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disability through a center for independent living; and |
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(2) the contact information for centers of independent |
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living in this state. |
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SECTION 4. (a) Not later than December 1, 2025, the Health |
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and Human Services Commission shall develop and make available the |
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informational materials required by Section 29.0033, Education |
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Code, as added by this Act, and Section 616.002, Health and Safety |
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Code, as added by this Act. |
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(b) Notwithstanding Section 29.0033, Education Code, as |
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added by this Act, or Section 616.002, Health and Safety Code, as |
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added by this Act, a school district, open-enrollment charter |
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school, or health care provider is not required to comply with those |
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provisions until January 1, 2026. |
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SECTION 5. (a) Not later than December 1, 2025, the |
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Department of State Health Services shall develop the resource |
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guide on centers for independent living required to be provided |
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under Section 161.501(a), Health and Safety Code, as amended by |
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this Act. |
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(b) Notwithstanding the change in law made by this Act to |
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Section 161.501(a), Health and Safety Code, a hospital, birthing |
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center, physician, nurse midwife, or midwife who provides prenatal |
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care to a pregnant woman during gestation or delivery of an infant |
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is not required to provide the resource guide on centers for |
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independent living until January 1, 2026. |
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SECTION 6. This Act takes effect September 1, 2025. |