IN THIS ISSUE:
- Appropriations Conference Committee members appointed; Advocates launch urgent campaign on waiting lists
- Zaffirini’s community living options bill passes full Senate
- Baby Emilio decision postponed; No vote yet on “futile care” bills
Education Update
- Senate approves bill for children with disabilities, including autism Creates training institutes for teachers and paraprofessionals
- “Scooter’s Bill” headed to Governor’s desk
- Get the latest legislative news! Join the DPC conference call!
- May Election
Appropriations Conference Committee members appointed; Advocates launch urgent campaign on waiting lists
Lt. Gov. David Dewhurst and House Speaker Tom Craddick have appointed members to the House-Senate Conference Committee on Health and Human Services Appropriations.
Senate Conferees: Steve Ogden, R-Bryan; Kip Averitt, R-Waco; Robert Duncan, R-Lubbock; John Whitmire, D-Houston; and Judith Zaffirini, D-Laredo.
House Conferees: Warren Chisum, R-Pampa; Dan Gattis, R-Georgetown; Ryan Guillen, D-San Diego; Lois Kolkhorst. R-Brenham; and Sylvester Turner, D-Houston. Rep. Chisum and Sen. Ogden will co-chair the conference committee.
URGENT NEED FOR CALLS TO LEGISLATIVE LEADERSHIP
In the coming days, the House-Senate Appropriations Conference Committee will determine the fate of thousands of Texans with disabilities who are on waiting lists to receive Medicaid waivers for home and community-based services. Currently, the House appropriations bill has NO funds to reduce the waiting lists. The Senate would only reduce the lists by 10 percent over the biennium. At that rate, it will take 20 years for the waiting lists to go away. Texans with disabilities are tired of waiting!
There is an URGENT NEED for advocates to IMMEDIATELY contact Conference Committee members. Take action now by logging on to the Texas Action Center!
The Disability Policy Consortium has a position statement about ending the waiting lists and increasing community-based services as important keys to the community for Texans with disabilities.
Several helpful comparison charts are available online:
- The Center for Public Policy Priorities has developed a helpful chart detailing the differences between the House and Senate appropriations bills that the Conference Committee must resolve.
- The Department of Aging and Disability Services (DADS) has just released a chart detailing the differences between HB1 and SB1.
- The Legislative Budget Board also has a chart: House Bill 1, General Appropriations Bill Summary of Differences Between House and Senate Versions
Zaffirini’s community living options bill passes full Senate
A bill to improve the process for informing state school residents of community living choices has cleared the full Senate. SB 1870, introduced by Sen. Judith Zaffirini, D-Laredo, would require the Department of Aging and Disability Services (DADS) to contract with local mental retardation authorities (MRAs) to carry out the community living options process for adults living in Texas state schools.
Under current law, state school staff members are allowed to inform residents and their representatives about alternative community living options—a practice viewed by many as a conflict of interest. Zaffirini filed the bill in response to a 2006 report from the Department of Justice (DOJ) following its investigation of the Lubbock State School.
DOJ concluded that Texas is failing in its responsibility to provide community services to persons who reasonably can be accommodated in the community. SB 1870 would require DADS to contract with local MRAs to develop a more effective community living options information process.
Baby Emilio Decision Postponed; No vote yet on “Futile Care” bills
During an April 19 hearing, Travis County Probate Judge Guy Herman postponed a hearing on the fate of “Baby Emilio.” The 17-month-old has been on a respirator in an Austin hospital since late last year. In a previous hearing, Judge Herman appointed a guardian to represent Emilio’s best interests, as the infant’s mother battles with the hospital that wants to end treatment. The postponement—to May 8—is to give the guardian more time to gather facts
“Futile Care” bills pending
Meanwhile, two bills that address Emilio’s very situation are pending in the Texas Legislature. The issue at the heart of both bills is who decides when to withdraw treatment for terminally ill patients. Under current Texas law, hospitals must give families two days’ notice that a doctor will recommend withdrawing treatment and an additional 10 days to find a place willing to treat their loved one. After that, the law allows hospitals to withdraw life support without the family’s consent.
On April 25, the House Public Health Committee heard testimony on several bills that address the issue in different ways:
- HB 3474 is sponsored by Rep. Dianne Delisi, R-Temple, chair of the Public Health Committee. The bill would extend the notice requirement to seven days and allow 21 days to seek a place to transfer; but would still allow hospitals to make the final decision after that. It also creates a new category called “pre-terminal” which could include many individuals with disabilities.
- HB 3180, sponsored by Rep. Tan Parker, R-Flower Mound, is similar to Delisi’s bill but would allow 90 days for a transfer.
- HB 1094, sponsored by Rep. Bryan Hughes, R-Marshall, is the companion to SB 439 which was heard earlier this month in the Senate Health and Human Services Committee. It would require hospitals to continue treatment for terminally ill patients until a facility that will accept them is found. There is no time limit included in the bill, sponsored in the Senate by Sen. Robert Deuell, R-Greenville. This is the only bill that provides incentive to hospitals to help facilitate a requested transfer rather than impeding one.
After hours of public testimony, the committee adjourned a little after 5:00 a.m. without voting on the bill.
HB 1094/SB 439 are most closely aligned with the DPC position statement in support of allowing families—not hospitals—to make end of life decisions and official letter to the 80th Texas Legislature by DPC Chair, Jeff Garrison Tate.
Education Update
Lucio bill creates training institutes for teachers
Last week, the full Senate passed SB 840, legislation intended to educate classroom teachers on best practices for teaching children with disabilities, including autism. Sponsored by Sen. Eddie Lucio, D-Brownsville, the bill would create training institutes where teachers and aides could learn the latest researched-based practices for educating children with disabilities in a general classroom setting. Attending the institutes would be voluntary and teachers would receive stipends for attending. The bill has been sent to the House for consideration.
“Scooter’s Bill” headed to Governor’s desk
If all goes as expected, SB 673 is ready for Governor Perry’s signature. At deadline, the bill was expected to be voted out of the House on April 27. It passed the Senate earlier in the month. The Governor is expected to sign it into law in time for May graduation.
Sen. Judith Zaffirini, D-Laredo, sponsored the bill in honor of Gene “Scooter” Long, a Dallas student who was not allowed to participate with his classmates in high school graduation ceremonies. It would allow a student in an individualized education program (IEP) who has completed the fourth year of high school to participate in graduation ceremonies and receive an attendance certificate. It would also allow students to continue after commencement and receive a high school diploma upon completing their IEP programs.
Get the Latest Legislative News! Join the DPC Conference Call!
Make plans now to participate in the upcoming DPC Educational Conference Call scheduled for Friday, May 18, beginning at 12:00 p.m. (noon), Austin time.
You can participate in one of two ways:
- In person at the Advocacy, Inc.’s state headquarters (7800 Shoal Creek Blvd., Suite 171-E, in Austin).
- Toll-free conference call. (Call-in number will be relayed when you RSVP.)
During the hour-long conference call, the DPC standing committees (Long-term Services and Supports, Housing, Education, Employment and Health Care) will talk about current policy issues of concern to Texans with disabilities and their families. We’ll also cover the latest news coming out of the 80th Texas Legislature and what advocates are doing in the final days of the session.
Please RSVP for the call by contacting Toni Byrd, DPC Project Coordinator at (512) 371-1783 or toni@dpctexas.org. She’ll send the agenda and call-in information prior to the event.
May 12th election of special significance to disability and senior populations
Disability and senior citizen advocates throughout Texas are spreading the word that the upcoming May 12 election is particularly important for homeowners who are seniors or have disabilities. The state ballot includes a constitutional amendment that will fix a property tax problem stemming from legislation passed in 2005.It seems the 79th Texas Legislature forgot about the homestead exemption for people with disabilities and seniors in its property tax cut legislation; so when the one-third reduction went into effect for everybody else in 2006, those populations were excluded!
Advocates are beating the bushes to get folks to the polls May 12, asking them to vote FOR the amendment which will appear on the ballot like this:
"The constitutional amendment authorizing the legislature to provide for a reduction of the limitation on the total amount of ad valorem taxes that may be imposed for public school purposes on the residence homesteads of the elderly or disabled to reflect any reduction in the rate of those taxes for the 2006 and 2007 tax years."
Early voting is April 30 - May 5th. Do your part! Vote! And get others to vote, too!
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.
Let your friends know about the Texas Action Center:
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