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
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   2-50  Name:  Thomas Plaut                                            x
   2-51  Representing:  State Comptroller
   2-52  City:  Austin
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   2-54  Name:  Mary Jo Magruder                                  x
   2-55  Representing:  Tx Planning Cncl/Devlpmtl Dis
   2-56  City:  Austin
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   2-58  Name:  Deborah Bernot                                    x
   2-59  Representing:  Mental Health Assn in Texas
   2-60  City:  Austin
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   2-62                                                  FOR   AGAINST  ON
   2-63  ___________________________________________________________________
   2-64  Name:  Cynthia Hopkins                                   x
   2-65  Representing:  Texas Mental Health Consumers
   2-66  City:  Austin
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   2-68  Name:  Aaryce Hayes                                      x
   2-69  Representing:  Advocacy, Inc.
   2-70  City:  Austin
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    3-2  Name:  Charlotte Provencher                              x
    3-3  Representing:  Tx Alliance for Mntlly Ill
    3-4  City:  Austin
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