reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter E. General Financial Provisions › Section 579.202. Budget

Sec. 579.202.  BUDGET.  (a)  The district administrator shall prepare an annual budget for approval by the board.
(b)  The proposed budget must contain a complete financial statement of:
(1)  the outstanding obligations of the district;
(2)  the cash on hand in each district fund;
(3)  the money received by the district from all sources during the previous year;
(4)  the money available to the district from all sources during the ensuing year;
(5)  the balances expected at the end of the year in which the budget is being prepared;
(6)  the estimated revenue and balances available to cover the proposed budget; and
(7)  the proposed expenditures and disbursements and the estimated receipts and collections for the following fiscal year.
(c)  The board shall provide in each annual budget for the payment of all operation and maintenance expenses of the district.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter E. General Financial Provisions › Section 579.203. Notice; Hearing; Adoption of Budget

Sec. 579.203.  NOTICE; HEARING; ADOPTION OF BUDGET.  (a)  The board shall hold a public hearing on the proposed annual budget.
(b)  At least 10 days before the date of the hearing, the board shall publish notice of the hearing in a newspaper of general circulation in the district.
(c)  Any resident of the district is entitled to be present and participate at the hearing.
(d)  At the conclusion of the hearing, the board shall adopt a budget by acting on the budget proposed by the district administrator.  The board may make any changes in the proposed budget that the board judges to be in the interest of the district's residents and that the law warrants.
(e)  The budget is effective only after adoption by the board.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
Sec. 579.204.  AMENDMENTS TO BUDGET.  The budget may be amended as required by circumstances.  The board must approve all amendments.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter E. General Financial Provisions › Section 579.205. Restriction on Expenditures

Sec. 579.205.  RESTRICTION ON EXPENDITURES.  Money may be spent only for an expense included in the budget or an amendment to the budget.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter E. General Financial Provisions › Section 579.206. Fiscal Year

Sec. 579.206.  FISCAL YEAR.  The district operates according to a fiscal year that begins on October 1 and ends on September 30.  The board may change the fiscal year.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter E. General Financial Provisions › Section 579.207. Audit

Sec. 579.207.  AUDIT.  The board shall have an independent audit made of the district's financial condition for each fiscal year.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter E. General Financial Provisions › Section 579.208. Inspection of Audit and District Records

Sec. 579.208.  INSPECTION OF AUDIT AND DISTRICT RECORDS.  The audit and other district records shall be open to inspection at the principal office of each creating hospital district.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter E. General Financial Provisions › Section 579.209. Financial Report

Sec. 579.209.  FINANCIAL REPORT.  As soon as practicable after the close of each fiscal year, the district administrator shall prepare for the board:
(1)  a complete sworn statement of all district money; and
(2)  a complete account of the disbursements of that money.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 591 - General Provisions › Subchapter A. General Provisions › Section 591.001. Short Title

Sec. 591.001.  SHORT TITLE.  This subtitle may be cited as the Persons with an Intellectual Disability Act.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1401, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 591 - General Provisions › Subchapter A. General Provisions › Section 591.002. Purpose

Sec. 591.002.  PURPOSE.  (a)  It is the public policy of this state that persons with an intellectual disability have the opportunity to develop to the fullest extent possible their potential for becoming productive members of society.
(b)  It is the purpose of this subtitle to provide and assure a continuum of quality services to meet the needs of all persons with an intellectual disability in this state.
(c)  The state's responsibility to persons with an intellectual disability does not replace or impede parental rights and responsibilities or terminate the activities of persons, groups, or associations that advocate for and assist persons with an intellectual disability.
(d)  It is desirable to preserve and promote living at home if feasible.  If living at home is not possible and placement in a residential care facility is necessary, a person must be admitted in accordance with basic due process requirements, giving appropriate consideration to parental desires if possible.  The person must be admitted to a facility that provides habilitative training for the person's condition, that fosters the personal development of the person, and that enhances the person's ability to cope with the environment.
(e)  Because persons with an intellectual disability have been denied rights solely because they are persons with an intellectual disability, the general public should be educated to the fact that persons with an intellectual disability who have not been adjudicated incompetent and for whom a guardian has not been appointed by a due process proceeding in a court have the same rights and responsibilities enjoyed by all citizens of this state.  All citizens are urged to assist persons with an intellectual disability in acquiring and maintaining rights and in participating in community life as fully as possible.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1402, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 591 - General Provisions › Subchapter A. General Provisions › Section 591.004. Rules

Sec. 591.004.  RULES.  The executive commissioner by rule shall ensure the implementation of this subtitle.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1404, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 591 - General Provisions › Subchapter A. General Provisions › Section 591.005. Least Restrictive Alternative

Sec. 591.005.  LEAST RESTRICTIVE ALTERNATIVE.  The least restrictive alternative is:
(1)  the available program or facility that is the least confining for a client's condition;  and
(2)  the service and treatment that is provided in the least intrusive manner reasonably and humanely appropriate to the person's needs.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 591 - General Provisions › Subchapter A. General Provisions › Section 591.006. Consent

Sec. 591.006.  CONSENT.  (a)  Consent given by a person is legally adequate if the person:
(1)  is not a minor and has not been adjudicated incompetent to manage the person's personal affairs by an appropriate court of law;
(2)  understands the information;  and
(3)  consents voluntarily, free from coercion or undue influence.
(b)  The person giving the consent must be informed of and understand:
(1)  the nature, purpose, consequences, risks, and benefits of and alternatives to the procedure;
(2)  that the withdrawal or refusal of consent will not prejudice the future provision of care and services;  and
(3)  the method used in the proposed procedure if the person is to receive unusual or hazardous treatment procedures, experimental research, organ transplantation, or nontherapeutic surgery.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 591 - General Provisions › Subchapter B. Duties of Department › Section 591.011. Department Responsibilities

Sec. 591.011.  DEPARTMENT RESPONSIBILITIES.  (a)  Subject to the executive commissioner's authority to adopt rules and policies, the department shall make all reasonable efforts consistent with available resources to:
(1)  assure that each identified person with an intellectual disability who needs intellectual disability services is given while these services are needed quality care, treatment, education, training, and rehabilitation appropriate to the person's individual needs other than those services or programs explicitly delegated by law to other governmental agencies;
(2)  initiate, carry out, and evaluate procedures to guarantee to persons with an intellectual disability the rights listed in this subtitle;
(3)  carry out this subtitle, including planning, initiating, coordinating, promoting, and evaluating all programs developed;
(4)  provide either directly or by cooperation, negotiation, or contract with other agencies and those persons and groups listed in Section 533A.034, a continuum of services to persons with an intellectual disability; and
(5)  provide, either directly or by contract with other agencies, a continuum of services to children, juveniles, or adults with an intellectual disability committed into the department's custody by the juvenile or criminal courts.
(b)  The services provided by the department under Subsection (a)(4) shall include:
(1)  treatment and care;
(2)  education and training, including sheltered workshop programs;
(3)  counseling and guidance; and
(4)  development of residential and other facilities to enable persons with an intellectual disability to live and be habilitated in the community.
(c)  The facilities provided under Subsection (b) shall include group homes, foster homes, halfway houses, and day-care facilities for persons with an intellectual disability to which the department has assigned persons with an intellectual disability.
(d)  The department shall exercise periodic and continuing supervision over the quality of services provided under this section.
(e)  The department shall have the right of access to all clients and records of clients who are placed with residential service providers.
(f)  The department's responsibilities under this subtitle are in addition to all other responsibilities and duties of the department under other law.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 13, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1405, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 591 - General Provisions › Subchapter B. Duties of Department › Section 591.013. Long-Range Plan

Sec. 591.013.  LONG-RANGE PLAN.  (a)  The commission shall develop a long-range plan for services to persons with intellectual and developmental disabilities.
(b)  The executive commissioner shall appoint the necessary staff to develop the plan through research of appropriate topics and public hearings to obtain testimony from persons with knowledge of or interest in state services to persons with intellectual and developmental disabilities.
(c)  In developing the plan, the commission shall consider existing plans or studies made by the commission or department.
(d)  The plan must address at least the following topics:
(1)  the needs of persons with intellectual and developmental disabilities;
(2)  how state services should be structured to meet those needs;
(3)  how the ICF-IID program, the waiver program under Section 1915(c), federal Social Security Act, other programs under Title XIX, federal Social Security Act, and other federally funded programs can best be structured and financed to assist the state in delivering services to persons with intellectual and developmental disabilities;
(4)  the statutory limits and rule or policy changes necessary to ensure the controlled growth of the programs under Title XIX, federal Social Security Act, and other federally funded programs;
(5)  methods for expanding services available through the ICF-IID program to persons with related conditions as defined by federal regulations relating to the medical assistance program; and
(6)  the cost of implementing the plan.
(e)  The commission and the department shall, if necessary, modify their respective long-range plans and other existing plans relating to the provision of services to persons with intellectual and developmental disabilities to incorporate the provisions of the plan.
(f)  The commission shall review and revise the plan biennially.  The commission and the department shall consider the most recent revision of the plan in any modifications of the commission's or department's long-range plans and in each future budget request.
(g)  This section does not affect the authority of the commission and the department to carry out their separate functions as established by state and federal law.
(h)  In this section, "ICF-IID program" means the medical assistance program serving persons with intellectual and developmental disabilities who receive care in intermediate care facilities.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1406, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 591 - General Provisions › Subchapter C. Penalties and Remedies › Section 591.021. Criminal Penalty

Sec. 591.021.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person intentionally or knowingly causes, conspires with another to cause, or assists another to cause the unlawful continued detention in or unlawful admission or commitment of a person to a facility specified in this subtitle with the intention of harming that person.
(b)  An offense under this section is a Class B misdemeanor.
(c)  The district and county attorney within their respective jurisdictions shall prosecute a violation of this section.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 591 - General Provisions › Subchapter C. Penalties and Remedies › Section 591.022. Civil Penalty

Sec. 591.022.  CIVIL PENALTY.  (a)  A person who intentionally violates the rights guaranteed by this subtitle to a person with an intellectual disability is liable to the person injured by the violation in an amount of not less than $100 or more than $5,000.
(b)  A person who recklessly violates the rights guaranteed by this subtitle to a person with an intellectual disability is liable to the person injured by the violation in an amount of not less than $100 or more than $1,000.
(c)  A person who intentionally releases confidential information or records of a person with an intellectual disability in violation of law is liable to the person injured by the unlawful disclosure for $1,000 or three times the actual damages, whichever is greater.
(d)  A cause of action under this section may be filed by:
(1)  the injured person;
(2)  the injured person's parent, if the person is a minor;
(3)  a guardian, if the person has been adjudicated incompetent;  or
(4)  the injured person's next friend in accordance with Rule 44, Texas Rules of Civil Procedure.
(e)  The cause of action may be filed in a district court in Travis County or in the county in which the defendant resides.
(f)  This section does not supersede or abrogate other remedies existing in law.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1407, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 591 - General Provisions › Subchapter C. Penalties and Remedies › Section 591.023. Injunctive Relief; Civil Penalty

Sec. 591.023.  INJUNCTIVE RELIEF;  CIVIL PENALTY.  (a)  A district court, in an action brought in the name of the state by the state attorney general or a district or county attorney within the attorney's respective jurisdiction, may issue a temporary restraining order, a temporary injunction, or a permanent injunction to:
(1)  restrain and prevent a person from violating this subtitle or a rule adopted by the executive commissioner  under this subtitle; or
(2)  enforce compliance with this subtitle or a rule adopted by the executive commissioner under this subtitle.
(b)  A person who violates the terms of an injunction issued under this section shall forfeit and pay to the state a civil penalty of not more than $5,000 for each violation, but not to exceed a total of $20,000.
(c)  In determining whether an injunction has been violated, the court shall consider the maintenance of procedures adopted to ensure compliance with the injunction.
(d)  The state attorney general or the district or county attorney, acting in the name of the state, may petition the court issuing the injunction for recovery of civil penalties under this section.
(e)  A civil penalty recovered under this section shall be paid to the state for use in intellectual disability services.
(f)  An action filed under this section may be brought in a district court in Travis County or in the county in which the defendant resides.
(g)  This section does not supersede or abrogate other remedies existing at law.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1408, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 591 - General Provisions › Subchapter C. Penalties and Remedies › Section 591.024. Civil Action Against Department Employee

Sec. 591.024.  CIVIL ACTION AGAINST DEPARTMENT EMPLOYEE.  (a)  The state attorney general shall provide legal counsel to represent a department employee in a civil action brought against the person under this subtitle for a claim of alleged negligence or other act of the person while employed by the department.  The person shall cooperate fully with the state attorney general in the defense of the claim, demand, or suit.
(b)  The state shall hold harmless and indemnify the person against financial loss arising out of a claim, demand, suit, or judgment by reason of the negligence or other act by the person, if:
(1)  at the time the claim arose or damages were sustained, the person was acting in the scope of the person's authorized duties;  and
(2)  the claim or cause of action or damages sustained did not result from an intentional and wrongful act or the person's reckless conduct.
(c)  To be eligible for assistance under this section, the person must deliver to the department the original or a copy of the summons, complaint, process, notice, demand, or pleading not later than the 10th day after the date on which the person is served with the document.  The state attorney general may assume control of the person's representation on delivery of the document or a copy of the document to the department.
(d)  This section does not impair, limit, or modify rights and obligations existing under an insurance policy.
(e)  This section applies only to a person named in this section and does not affect the rights of any other person.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 591 - General Provisions › Subchapter C. Penalties and Remedies › Section 591.025. Liability

Sec. 591.025.  LIABILITY.  An officer or employee of the department or a community center, acting reasonably within the scope of the person's employment and in good faith, is not civilly or criminally liable under this subtitle.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter A. General Provisions › Section 592.001. Purpose

Sec. 592.001.  PURPOSE.  The purpose of this chapter is to recognize and protect the individual dignity and worth of each person with an intellectual disability.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1410, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter A. General Provisions › Section 592.002. Rules

Sec. 592.002.  RULES.  The executive commissioner by rule shall ensure the implementation of the rights guaranteed in this chapter.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1411, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter B. Basic Bill of Rights › Section 592.011. Rights Guaranteed

Sec. 592.011.  RIGHTS GUARANTEED.  (a)  Each person with an intellectual disability in this state has the rights, benefits, and privileges guaranteed by the constitution and laws of the United States and this state.
(b)  The rights specifically listed in this subtitle are in addition to all other rights that persons with an intellectual disability have and are not exclusive or intended to limit the rights guaranteed by the constitution and laws of the United States and this state.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1412, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter B. Basic Bill of Rights › Section 592.012. Protection From Exploitation and Abuse

Sec. 592.012.  PROTECTION FROM EXPLOITATION AND ABUSE.  Each person with an intellectual disability has the right to protection from exploitation and abuse because of the person's intellectual disability.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1412, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter B. Basic Bill of Rights › Section 592.013. Least Restrictive Living Environment

Sec. 592.013.  LEAST RESTRICTIVE LIVING ENVIRONMENT.  Each person with an intellectual disability has the right to live in the least restrictive setting appropriate to the person's individual needs and abilities and in a variety of living situations, including living:
(1)  alone;
(2)  in a group home;
(3)  with a family; or
(4)  in a supervised, protective environment.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1412, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter B. Basic Bill of Rights › Section 592.014. Education

Sec. 592.014.  EDUCATION.  Each person with an intellectual disability has the right to receive publicly supported educational services, including those services provided under the Education Code, that are appropriate to the person's individual needs regardless of:
(1)  the person's chronological age;
(2)  the degree of the person's intellectual disability;
(3)  the person's accompanying disabilities or handicaps; or
(4)  the person's admission or commitment to intellectual disability services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1412, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter B. Basic Bill of Rights › Section 592.015. Employment

Sec. 592.015.  EMPLOYMENT.  An employer, employment agency, or labor organization may not deny a person equal opportunities in employment because of the person's intellectual disability, unless:
(1)  the person's intellectual disability significantly impairs the person's ability to perform the duties and tasks of the position for which the person has applied; or
(2)  the denial is based on a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1412, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter B. Basic Bill of Rights › Section 592.016. Housing

Sec. 592.016.  HOUSING.  An owner, lessee, sublessee, assignee, or managing agent or other person having the right to sell, rent, or lease real property, or an agent or employee of any of these, may not refuse to sell, rent, or lease to any person or group of persons solely because the person is a person with an intellectual disability or a group that includes one or more persons with an intellectual disability.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1412, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter B. Basic Bill of Rights › Section 592.017. Treatment and Services

Sec. 592.017.  TREATMENT AND SERVICES.  Each person with an intellectual disability has the right to receive for the person's intellectual disability adequate treatment and habilitative services that:
(1)  are suited to the person's individual needs;
(2)  maximize the person's capabilities;
(3)  enhance the person's ability to cope with the person's environment; and
(4)  are administered skillfully, safely, and humanely with full respect for the dignity and personal integrity of the person.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1412, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter B. Basic Bill of Rights › Section 592.018. Determination of an Intellectual Disability

Sec. 592.018.  DETERMINATION OF AN INTELLECTUAL DISABILITY.  A person thought to be a person with an intellectual disability has the right promptly to receive a determination of an intellectual disability using diagnostic techniques that are adapted to that person's cultural background, language, and ethnic origin to determine if the person is in need of intellectual disability services as provided by Subchapter A, Chapter 593.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1412, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter B. Basic Bill of Rights › Section 592.019. Administrative Hearing

Sec. 592.019.  ADMINISTRATIVE HEARING.  A person who files an application for a determination of an intellectual disability has the right to request and promptly receive an administrative hearing under Subchapter A, Chapter 593, to contest the findings of the determination of an intellectual disability.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1412, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter B. Basic Bill of Rights › Section 592.020. Independent Determination of an Intellectual Disability

Sec. 592.020.  INDEPENDENT DETERMINATION OF AN INTELLECTUAL DISABILITY.  A person for whom a determination of an intellectual disability is performed or a person who files an application for a determination of an intellectual disability under Section 593.004 and who questions the validity or results of the determination of an intellectual disability has the right to an additional, independent determination of an intellectual disability performed at the person's own expense.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1412, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter B. Basic Bill of Rights › Section 592.021. Additional Rights

Sec. 592.021.  ADDITIONAL RIGHTS.  Each person with an intellectual disability has the right to:
(1)  presumption of competency;
(2)  due process in guardianship proceedings; and
(3)  fair compensation for the person's labor for the economic benefit of another, regardless of any direct or incidental therapeutic value to the person.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1412, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter C. Rights of Clients › Section 592.031. Rights in General

Sec. 592.031.  RIGHTS IN GENERAL.  (a)  Each client has the same rights as other citizens of the United States and this state unless the client's rights have been lawfully restricted.
(b)  Each client has the rights listed in this subchapter in addition to the rights guaranteed by Subchapter B.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter C. Rights of Clients › Section 592.032. Least Restrictive Alternative

Sec. 592.032.  LEAST RESTRICTIVE ALTERNATIVE.  Each client has the right to live in the least restrictive habilitation setting and to be treated and served in the least intrusive manner appropriate to the client's individual needs.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter C. Rights of Clients › Section 592.033. Individualized Plan

Sec. 592.033.  INDIVIDUALIZED PLAN.  (a)  Each client has the right to a written, individualized habilitation plan developed by appropriate specialists.
(b)  The client, and the parent of a client who is a minor or the guardian of the person, shall participate in the development of the plan.
(c)  The plan shall be implemented as soon as possible but not later than the 30th day after the date on which the client is admitted or committed to intellectual disability services.
(d)  The content of an individualized habilitation plan is as required by department rule and as may be required by the department by contract.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 3, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1413, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter C. Rights of Clients › Section 592.034. Review and Reevaluation

Sec. 592.034.  REVIEW AND REEVALUATION.  (a)  Each client has the right to have the individualized habilitation plan reviewed at least:
(1)  once a year if the client is in a residential care facility;  or
(2)  quarterly if the client has been admitted for other services.
(b)  The purpose of the review is to:
(1)  measure progress;
(2)  modify objectives and programs if necessary;  and
(3)  provide guidance and remediation techniques.
(c)  Each client has the right to a periodic reassessment.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter C. Rights of Clients › Section 592.035. Participation in Planning

Sec. 592.035.  PARTICIPATION IN PLANNING.  (a)  Each client, and parent of a client who is a minor or the guardian of the person, have the right to:
(1)  participate in planning the client's treatment and habilitation;  and
(2)  be informed in writing at reasonable intervals of the client's progress.
(b)  If possible, the client, parent, or guardian of the person shall be given the opportunity to choose from several appropriate alternative services available to the client from a service provider.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter C. Rights of Clients › Section 592.036. Withdrawal From Voluntary Services

Sec. 592.036.  WITHDRAWAL FROM VOLUNTARY SERVICES.  (a)  Except as provided by Section 593.030, a client, the parent if the client is a minor, or a guardian of the person may withdraw the client from intellectual disability services.
(b)  This section does not apply to a person who was committed to a residential care facility as provided by Subchapter C, Chapter 593.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1414, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter C. Rights of Clients › Section 592.037. Freedom From Mistreatment

Sec. 592.037.  FREEDOM FROM MISTREATMENT.  Each client has the right not to be mistreated, neglected, or abused by a service provider.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter C. Rights of Clients › Section 592.038. Freedom From Unnecessary Medication

Sec. 592.038.  FREEDOM FROM UNNECESSARY MEDICATION.  (a)  Each client has the right to not receive unnecessary or excessive medication.
(b)  Medication may not be used:
(1)  as punishment;
(2)  for the convenience of the staff;
(3)  as a substitute for a habilitation program;  or
(4)  in quantities that interfere with the client's habilitation program.
(c)  Medication for each client may be authorized only by prescription of a physician and a physician shall closely supervise its use.
(d)  Each client has the right to refuse psychoactive medication, as provided by Subchapter F.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 504 (S.B. 34), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter C. Rights of Clients › Section 592.039. Grievances

Sec. 592.039.  GRIEVANCES.  A client, or a person acting on behalf of a person with an intellectual disability or a group of persons with an intellectual disability, has the right to submit complaints or grievances regarding the infringement of the rights of a person with an intellectual disability or the delivery of intellectual disability services against a person, group of persons, organization, or business to the Health and Human Services Commission's ombudsman for individuals with an intellectual or developmental disability as provided under Section 531.9934, Government Code.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1415, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 741 (H.B. 3462), Sec. 16, eff. June 12, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter C. Rights of Clients › Section 592.040. Information About Rights

Sec. 592.040.  INFORMATION ABOUT RIGHTS.  (a)  On admission for intellectual disability services, each client, and the parent if the client is a minor or the guardian of the person of the client, shall be given written notice of the rights guaranteed by this subtitle.  The notice shall be in plain and simple language.
(b)  Each client shall be orally informed of these rights in plain and simple language.
(c)  Notice given solely to the parent or guardian of the person is sufficient if the client is manifestly unable to comprehend the rights.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1416, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter D. Rights of Residents › Section 592.051. General Rights of Residents

Sec. 592.051.  GENERAL RIGHTS OF RESIDENTS.  Each resident has the right to:
(1)  a normal residential environment;
(2)  a humane physical environment;
(3)  communication and visits;  and
(4)  possess personal property.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter D. Rights of Residents › Section 592.052. Medical and Dental Care and Treatment

Sec. 592.052.  MEDICAL AND DENTAL CARE AND TREATMENT.  Each resident has the right to prompt, adequate, and necessary medical and dental care and treatment for physical and mental ailments and to prevent an illness or disability.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter D. Rights of Residents › Section 592.053. Standards of Care

Sec. 592.053.  STANDARDS OF CARE.  Medical and dental care and treatment shall be performed under the appropriate supervision of a licensed physician or dentist and shall be consistent with accepted standards of medical and dental practice in the community.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter D. Rights of Residents › Section 592.054. Duties of Director

Sec. 592.054.  DUTIES OF DIRECTOR.  (a)  Except as limited by this subtitle, the director shall provide without further consent necessary care and treatment to each court-committed resident and make available necessary care and treatment to each voluntary resident.
(b)  Notwithstanding Subsection (a), consent is required for:
(1)  all surgical procedures; and
(2)  as provided by Section 592.153, the administration of psychoactive medications.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 504 (S.B. 34), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1417, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1418, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter D. Rights of Residents › Section 592.055. Unusual or Hazardous Treatment

Sec. 592.055.  UNUSUAL OR HAZARDOUS TREATMENT.  This subtitle does not permit the department to perform unusual or hazardous treatment procedures, experimental research, organ transplantation, or nontherapeutic surgery for experimental research.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter D. Rights of Residents › Section 592.056. Notification of Trust Exemption

Sec. 592.056.  NOTIFICATION OF TRUST EXEMPTION.  (a)  At the time a resident is admitted to a residential care facility, the facility shall provide to the resident, and the parent if the resident is a minor or the guardian of the person of the resident, written notice, in the person's primary language, that a trust that qualifies under Section 593.081 is not liable for the resident's support.  In addition, the facility shall ensure that, within 24 hours after the resident is admitted to the facility, the notification is explained to the resident, and the parent if the resident is a minor or the guardian of the person of the resident:
(1)  orally, in simple, nontechnical terms in the person's primary language, if possible; or
(2)  through a means reasonably calculated to communicate with a person who has an impairment of vision or hearing, if applicable.
(b)  Notice required under Subsection (a) must also be attached to any request for payment for the resident's support.
Added by Acts 2009, 81st Leg., R.S., Ch. 481 (S.B. 584), Sec. 2, eff. June 19, 2009.