IN THIS ISSUE:
81st Texas Legislature
Sine die and so outta here!
The 81st Texas Legislature seemingly evaporated on June 1st. Unlike years past—when sessions ended with much frantic activity and drama—this session just sort of slipped away. Lawmakers drifted out of town—leaving behind a considerable amount of untended legislation and the fate of a handful of state agencies. Will there be a special session to resolve some of the outstanding issues? Depends on who you ask.
It’s still a little early to have a final analysis of all that did (and didn’t) happen during the session. But there are some key bills that DPC members were actively involved in during the session. We offer a quick recap of some in this newsletter. We’ll have more in a second issue later this month. On June 23rd, we’ll have a meeting/conference call to go over it all. See the boxed information for more on that. (D)
SCR77 
: State school settlement with DOJ
Status: Signed by Governor.
Summary: The settlement agreement addresses the remedial measures identified by the Federal Department of Justice following investigations of all 13 Texas state schools. As you may recall, DOJ first reported on abuse and neglect at the Lubbock State School in 2006. The Federal agency expanded the investigation to all campuses, releasing a second report last December.
Under the new settlement agreement the Texas Department of Aging and Disability Services will hire 1,160 additional staff for the 13 facilities. The plan is expected to cost $24 million a year in state general revenue funds.
Key elements of the agreement include:
- Completing abuse investigations in a more timely manner. The state expects to add 42 staff at the Texas Department of Family and Protective Services to do this.
- Selecting independent monitors to review the state schools and determine if they are complying with the standards of care outlined in the agreement.
- Improving the coordination and quality of medical care for residents through better screening of persons with high-risk health conditions.
- Increasing the number of psychology staff on site to improve assessments and monitoring of behavioral health plans.
For a copy of the full settlement agreement, go to DAD’s web site: http://www.dads.state.tx.us/homepage/FinalSettlementAgreement.pdf
SB 643 : State school reform
Status: Expected to be signed by Governor.
Summary: Attempts to establish more oversight and security for Texas’ 13 state “schools
- Creates a position for an independent ombudsman to monitor the institutions
- Mandates video cameras in common areas and better staff training.
- Changes the name from “state schools” to “state developmental centers.”
This is the only bill addressing the dire living conditions at these large institutions to survive. There were several bills that would have, among other things, allowed consideration of closing some of these facilities. They did not survive. The DPC and many of its member organizations support closure of state schools in favor of community options.
HCR 22 : Sovereign immunity and the Chishty family
Status: Pending. Must be signed by Governor to take effect.
Summary: By passing this resolution, the Texas Legislature has paved the way for the family of Haseeb Chishty to sue the State of Texas for up to $500,000. Citizens cannot sue the state without a wavier of sovereign immunity. If Governor Perry signs the bill, the state’s sovereign immunity will be waived.
Haseeb, a former resident of the Denton State School, nearly died after a horrific beating by an employee of the institution nearly 7 years ago. Kevin Miller confessed to the crime. He is serving a 15-year prison term.
The assault left Haseeb unable to walk, talk or eat—he gets nutrition via a feeding tube. He now lives at home with his mother. She had to quit her job to give her son the constant care he requires.
Haseeb has extensive support needs—beyond what the state offers. His family struggles to make ends meet and provide all the support he needs. By suing for economic damages, the Chishty family hopes to gain some financial stability to will allow them to properly care for Haseeb at home.
For more information on the Chishty family, contact DPC member organization Community Now! at CommunityNowFreedom@gmail.com.
SB 187 : Medicaid buy-in for Children
Status: Signed by Governor.
Summary: Allows families to buy into Medicaid health care for their children. They can pay up to 6 percent of their income for a premium, which makes it more affordable than the state high risk pool. Families that have private insurance can keep that insurance (and their current physicians and specialists) and get reimbursed for premiums and copayments.
SB 1715 : Visual smoke alarms
Status: Expected to be signed by Governor.
Summary: Requires owners and managers of multifamily housing complexes to install flashing smoke detectors if tenants with hearing disabilities request them as an accommodation. The bill is also known as the Sephra Burks Bill. Burks, who was deaf, and two of her children perished in a blaze that consumed the family’s apartment in Dallas four years ago. Her husband, Tyrus, and two sons barely escaped with their lives. The entire family might have survived, he believes, if visual smoke detectors had been properly installed.
HB 1454 : Volunteer-supported decision-making advocate pilot program
Status: Expected to be signed by Governor.
Summary: Establishes a volunteer-supported decision-making advocate pilot program for people with intellectual and developmental disabilities and people with other cognitive disabilities.
A pilot program will include training by and for people with intellectual, developmental or other cognitive disabilities who live in the community about how to advocate for personal rights and interests. “Supported decision-making services" help people with intellectual, developmental, or other cognitive disabilities to live in the community and make their own decisions about where to live, who to live with, and where to work.
This law is dedicated to the memory of Amy Young, who devoted her life to serving people with disabilities. At 38, Amy died unexpectedly in September 2008.
For more background on this legislation, refer to the DPC’s position statement on supported decision making.
Housing Appropriations: The Housing Trust Fund will grow by $10 million over the next biennium, thanks to the efforts of a broad coalition of housing advocates, including DPC’s Housing Committee. With these funds, the trust fund will grow to $21.9 million—more than triple what it was at the time advocates launched the coordinated Housing Trust Fund Campaign back in 2007.
Depending on how the new funds are allocated, they could help address the housing needs of people with disabilities—but, that will take a strong advocacy effort by the disability community. The first opportunity to speak up is right around the corner!
On June 24, the Texas Department of Housing and Community Affairs is planning a public meeting to talk about plans for the funds in fiscal years 2010-11. Participants will get an overview of the fund and an opportunity to give comments about how funds should be allocated. (D)
It’s really important for the disability community to let TDHCA know how the fund can address the significant housing needs of people with disabilities. For some good background, check out the DPC’s position statement on the Housing Trust Fund.
It’s hurricane season! Don’t get blown away!
Texas hurricane season started June 1 and lasts all the way to November 30. Texans with disabilities need to be prepared for hurricanes and other natural disasters that may strike with very little warning.
People with disabilities and their families must think about things like mobility, transportation, electronic and electric assistive devices, and service animals. They all may make evacuation more difficult.
Ready or not, disasters happen. Do you have a plan? Here are some good resources for disaster planning:
- The Department of Assistive and Rehabilitative Services urges consumers to pre-register for transportation assistance with the Texas 2-1-1 Information and Referral Network. By calling 2-1-1, emergency officials in your area will be notified about your need for assistance in the 22 county evacuation zones in the hurricane-prone areas of Texas.
- The Department of State Health Services has information preparing for hurricanes, wildfires, terrorist attacks, and disease outbreaks at TexasPrepares.org for English and TexasPrepara.org in Spanish.
- The Center on Disability and Development at Texas A&M University has an excellent resource page which includes a disaster acronym guide, the Texas Guide to Supports and Services for Individuals with Disabilities and their Families Affected By Disasters, a list of support groups, tip sheets for first responders, and Texas resources for services and supports.
- The "Good to Go" Hurricane Evacuation Kit is a 16-page booklet filled with things seniors and people with disabilities need to know in a hurricane evacuation. The "Good to Go" kit includes a magnet to make it easy to put on the refrigerator for quick and easy access. Forms for emergency medical information, a medications list, and emergency contacts are included in a handy pocket on the kit. The "Good to Go" kit also includes post-it notes for "How to Help Me" information. For more information or to get the kit, call Steve Thomas at the Texas Center for Disabilities Studies' Information Services Office at 512-232-0740 or 800-828-7839.
- There are even more good resources on these web pages: Governor's Division of Emergency Management , Ready.gov and RedCross.org .
About the Disability Policy Consortium
The DPC is made up of a diverse assortment of disability advocacy groups that have joined forces to advance the rights, inclusion and independence of Texans with disabilities. Each member organization contributes its unique perspective and resources to the collective effort to promote effective public policy for a variety of issues important to people with disabilities and their families.
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