Sec. 533.049. PRIVATIZATION OF STATE SCHOOL

(a) After August 31, 2004, and before September 1, 2005, the department may contract with a private service provider to operate a state school only if:

(1) the Health and Human Services Commission determines that the private service provider will operate the state school at a cost that is at least 25 percent less than the cost to the department to operate the state school;

(2) the Health and Human Services Commission approves the contract;

(3) the private service provider is required under the contract to operate the school at a quality level at least equal to the quality level achieved by the department when the department operated the school, as measured by the school's most recent applicable ICF-MR survey; and

(4) the state school, when operated under the contract, treats a population with the same characteristics and need levels as the population treated by the state school when operated by the department.

(b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(95), eff. June 17, 2011.

(c) If the department contracts with a private service provider to operate a state school, the department, the Governor's Office of Budget and Planning, and the Legislative Budget Board shall identify sources of funding that must be transferred to the department to fund the contract.

(d) The department may renew a contract under this section. The conditions listed in Subsections (a)(1)-(3) apply to the renewal of the contract.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.77(a), eff. Sept. 1, 2004. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1050 , Sec. 22(11), eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1083 , Sec. 25(95), eff. June 17, 2011.