1-1 By: Armbrister S.B. No. 78
1-2 (In the Senate - Filed February 17, 1993; February 17, 1993,
1-3 read first time and referred to Committee on Finance;
1-4 February 24, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 10, Nays 1;
1-6 February 24, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Montford x
1-10 Turner x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Ellis x
1-15 Haley x
1-16 Moncrief x
1-17 Parker x
1-18 Ratliff x
1-19 Sims x
1-20 Truan x
1-21 Zaffirini x
1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 78 By: Armbrister
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the authority of the Texas Department of Mental Health
1-26 and Mental Retardation to designate an alternative living facility
1-27 to provide mental health services.
1-28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-29 SECTION 1. Subdivision (9), Section 571.003, Health and
1-30 Safety Code, is amended to read as follows:
1-31 (9) "Inpatient mental health facility" means a mental
1-32 health facility that can provide 24-hour residential and
1-33 psychiatric services and that is:
1-34 (A) a facility operated by the department;
1-35 (B) a private mental hospital licensed by the
1-36 department;
1-37 (C) a community center;
1-38 (D) a facility operated by a community center or
1-39 other entity the department designates to provide mental health
1-40 services, including an alternative living facility;
1-41 (E) an identifiable part of a general hospital
1-42 in which diagnosis, treatment, and care for persons with mental
1-43 illness is provided and that is licensed by the department or the
1-44 Texas Department of Health; or
1-45 (F) a hospital operated by a federal agency.
1-46 SECTION 2. Subchapter A, Chapter 571, Health and Safety
1-47 Code, is amended by adding Section 571.0045 to read as follows:
1-48 Sec. 571.0045. PROVISION OF MENTAL HEALTH SERVICES IN AN
1-49 ALTERNATIVE LIVING FACILITY. (a) The department may designate an
1-50 alternative living facility to provide mental health services to
1-51 one or more patients who have severe mental impairments.
1-52 (b) A patient may be admitted or transferred to a designated
1-53 facility only if the department determines that the patient can be
1-54 adequately cared for in an alternative living facility rather than
1-55 in a mental hospital.
1-56 (c) In transferring patients from a state mental hospital to
1-57 an alternative living facility, the department shall give priority
1-58 to a patient who cannot be treated in the community and whose only
1-59 choice for treatment other than alternative living facility is an
1-60 acute care or state mental hospital.
1-61 (d) The department by rule shall prescribe the conditions
1-62 and procedures under which a patient may be admitted or transferred
1-63 to a designated facility. The rules must specifically address
1-64 ways to protect the welfare of the patient and the efficiency of
1-65 appropriate admission and transfer procedures.
1-66 (e) An alternative living facility designated to provide
1-67 court-ordered mental health services must be licensed under Chapter
1-68 577.
2-1 SECTION 3. Subchapter B, Chapter 575, Health and Safety
2-2 Code, is amended by adding Section 575.018 to read as follows:
2-3 Sec. 575.018. TRANSFER TO DESIGNATED SKILLED NURSING
2-4 FACILITY. (a) The department may transfer a patient, if the
2-5 transfer is considered advisable, from a state mental hospital to
2-6 an alternative living facility designated by the department to
2-7 provide court-ordered mental health services.
2-8 (b) The department shall provide to the committing court
2-9 written notice of the transfer before transferring a patient under
2-10 this section.
2-11 SECTION 4. Chapter 577, Health and Safety Code, is amended
2-12 by adding Section 577.015 to read as follows:
2-13 Sec. 577.0105. RULES AND STANDARDS RELATING TO ALTERNATIVE
2-14 LIVING FACILITIES. (a) The board by rule shall adopt rules and
2-15 standards the board considers necessary and appropriate to ensure
2-16 the proper care and treatment of patients in an alternative living
2-17 facility licensed under this chapter.
2-18 (b) The standards for an alternative living facility must be
2-19 appropriate to ensure the health and safety of the patients in the
2-20 facility.
2-21 SECTION 5. This Act takes effect September 1, 1993.
2-22 SECTION 6. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.
2-27 * * * * *
2-28 Austin,
2-29 Texas
2-30 February 24,
2-31 1993
2-32 Hon. Bob Bullock
2-33 President of the Senate
2-34 Sir:
2-35 We, your Committee on Finance to which was referred S.B. No. 78,
2-36 have had the same under consideration, and I am instructed to
2-37 report it back to the Senate with the recommendation that it do not
2-38 pass, but that the Committee Substitute adopted in lieu thereof do
2-39 pass and be printed.
2-40 Montford,
2-41 Chairman
2-42 * * * * *
2-43 WITNESSES
2-44 FOR AGAINST ON
2-45 ___________________________________________________________________
2-46 Name: Karen Hale x
2-47 Representing: TXMHMR
2-48 City: Austin
2-49 -------------------------------------------------------------------
2-50 Name: Thomas Plaut x
2-51 Representing: State Comptroller
2-52 City: Austin
2-53 -------------------------------------------------------------------
2-54 Name: Mary Jo Magruder x
2-55 Representing: Tx Planning Cncl/Devlpmtl Dis
2-56 City: Austin
2-57 -------------------------------------------------------------------
2-58 Name: Deborah Bernot x
2-59 Representing: Mental Health Assn in Texas
2-60 City: Austin
2-61 -------------------------------------------------------------------
2-62 FOR AGAINST ON
2-63 ___________________________________________________________________
2-64 Name: Cynthia Hopkins x
2-65 Representing: Texas Mental Health Consumers
2-66 City: Austin
2-67 -------------------------------------------------------------------
2-68 Name: Aaryce Hayes x
2-69 Representing: Advocacy, Inc.
2-70 City: Austin
3-1 -------------------------------------------------------------------
3-2 Name: Charlotte Provencher x
3-3 Representing: Tx Alliance for Mntlly Ill
3-4 City: Austin
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