By:  Moncrief                                          S.B. No. 160
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the provision of mental health and rehabilitative
    1-2  services.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter A, Chapter 533, Health and Safety
    1-5  Code, is amended by adding Section 533.0091 to read as follows:
    1-6        Sec. 533.0091.  EXCHANGE OF EMPLOYMENT RECORDS.  The
    1-7  department shall make available to a community center, on request,
    1-8  the employment records of a department employee or former employee
    1-9  who applies for employment at the community center.
   1-10        SECTION 2.  Section 533.013, Health and Safety Code, is
   1-11  repealed.
   1-12        SECTION 3.  Subsection (b), Section 533.014, Health and
   1-13  Safety Code, is amended to read as follows:
   1-14        (b)  The board's first consideration in developing rules
   1-15  under this section must be to satisfy individual patient treatment
   1-16  needs in the most appropriate setting.  The board shall also
   1-17  consider reducing patient inconvenience resulting from admissions
   1-18  and transfers between providers.  <The rules must be based on the
   1-19  advice and recommendations of the single portal review committee.>
   1-20        SECTION 4.  Subsection (c), Section 533.014, Health and
   1-21  Safety Code, is repealed.
   1-22        SECTION 5.  Section 533.032, Health and Safety Code, is
   1-23  amended to read as follows:
    2-1        Sec. 533.032.  LONG-RANGE PLAN.  <(a)>  The department shall
    2-2  have a long-range plan covering at least six years that includes at
    2-3  least the required provisions of Section 10, Article 4413(502),
    2-4  Revised Statutes, and Article 6252-31, Revised Statutes, as added
    2-5  by Chapter 384, Acts of the 72nd Legislature, Regular Session, 1991
    2-6  <following elements:>
    2-7              <(1)  a statement of the department's mission, goals,
    2-8  and objectives;>
    2-9              <(2)  quantifiable indicators of effort and success;>
   2-10              <(3)  an identification of priority populations and the
   2-11  minimum services necessary for those populations;>
   2-12              <(4)  a description of the appropriate use of
   2-13  facilities, including the  role of state hospitals and schools,
   2-14  considering their size, function, and specialization and the
   2-15  criteria for adding needed beds and phasing out uneconomical and
   2-16  unneeded beds;>
   2-17              <(5)  a description of the service delivery system
   2-18  while the plan is being implemented, including estimates of the
   2-19  number of persons to be served by department facilities and
   2-20  community-based services and the costs of the services; and>
   2-21              <(6)  a comprehensive assessment of needs and a
   2-22  statewide inventory of resources.>
   2-23        <(b)  The department shall revise the plan by January 1 of
   2-24  each even-numbered year.>
   2-25        <(c)  The department shall identify and project the costs
    3-1  related to implementing the plan.>
    3-2        <(d)  As part of the department's budget preparation process,
    3-3  the department shall biennially assess its achievement of the goals
    3-4  identified in the plan.  The department should make each biennial
    3-5  budget request according to the results of the assessment, with
    3-6  requests for new program funding and continued funding made
    3-7  according to demonstrated need.>
    3-8        <(e)  The department should develop and maintain a data base
    3-9  appropriate to the planning effort>.
   3-10        SECTION 6.  Section 533.042, Health and Safety Code, is
   3-11  amended by amending the section heading and by adding Subsection
   3-12  (g) to read as follows:
   3-13        Sec. 533.042.  <ANNUAL> EVALUATION OF ELDERLY RESIDENTS.
   3-14        (g)  The local mental health or mental retardation authority
   3-15  shall have the right of access to all residents and records of
   3-16  residents who request continuing care services.
   3-17        SECTION 7.  Section 534.013, Health and Safety Code, is
   3-18  amended to read as follows:
   3-19        Sec. 534.013.  COOPERATION OF DEPARTMENT.  (a)  The
   3-20  department shall provide assistance, advice, and consultation to
   3-21  local agencies, boards of trustees, and executive directors in the
   3-22  planning, development, and operation of a community center.
   3-23        (b)  The department shall make available to a community
   3-24  center, on request, the employment records of a department employee
   3-25  or former employee who applies for employment at the community
    4-1  center.
    4-2        SECTION 8.  Section 574.081, Health and Safety Code, is
    4-3  amended by adding a new Subsection (e) and relettering existing
    4-4  Subsection (e) to read as follows:
    4-5        (e)  The facility administrator or the administrator's
    4-6  designee shall have the right of access to discharged patients and
    4-7  records of patients who request continuing care services.
    4-8        (f)  A patient who is to be discharged may refuse the
    4-9  continuing care services.
   4-10        SECTION 9.  Section 591.011, Health and Safety Code, is
   4-11  amended by adding a new Subsection (e) and relettering existing
   4-12  Subsection (e) to read as follows:
   4-13        (e)  The department shall have the right of access to all
   4-14  residents and records of residents who are placed with residential
   4-15  service providers.
   4-16        (f)  The department's responsibilities under this subtitle
   4-17  are in addition to all other responsibilities and duties of the
   4-18  department under other law.
   4-19        SECTION 10.  Section 1, Chapter 797, Acts of the 61st
   4-20  Legislature, Regular Session, 1969 (Article 6252-19a, Vernon's
   4-21  Texas Civil Statutes), is amended to read as follows:
   4-22        Sec. 1.  The State Departments or Agencies who own and
   4-23  operate motor vehicles, aircraft and motorboats or watercraft of
   4-24  all types and sizes shall have the authority to insure their
   4-25  officers and employees from liability arising out of the use,
    5-1  operation and maintenance of such automobiles, trucks, tractors,
    5-2  power equipment, aircraft and motorboats or watercraft used or
    5-3  which may be used in the operation of such Department or Agency.
    5-4  Such insurance shall be provided by the purchase of a policy or
    5-5  policies for that purpose from some liability insurance company or
    5-6  companies authorized to transact business in the State of Texas.
    5-7  All liability insurance so purchased shall be provided on a policy
    5-8  form or forms approved by the State Board of Insurance as to form
    5-9  and by the Attorney General as to liability.  The State Departments
   5-10  and Agencies who receive federal grant funds for a foster
   5-11  grandparent program shall also have the authority to expend those
   5-12  funds to insure the person and property of those foster
   5-13  grandparents as required by the grant.  The State Departments and
   5-14  Agencies that operate integrated day-care programs that serve
   5-15  children with mental illness, children with developmental
   5-16  disabilities, or children who participate in early childhood
   5-17  intervention programs, as well as other children, may purchase
   5-18  insurance to cover liability arising from the operation of the
   5-19  integrated day-care program.  The State Departments and Agencies
   5-20  that operate habilitative and rehabilitative work programs for
   5-21  persons who are mentally ill or developmentally disabled shall have
   5-22  the authority to purchase insurance to cover liability arising out
   5-23  of the operation of those programs.
   5-24        SECTION 11.  The importance of this legislation and the
   5-25  crowded condition of the calendars in both houses create an
    6-1  emergency and an imperative public necessity that the
    6-2  constitutional rule requiring bills to be read on three several
    6-3  days in each house be suspended, and this rule is hereby suspended,
    6-4  and that this Act take effect and be in force from and after its
    6-5  passage, and it is so enacted.