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1-11 repealed.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1-21 Safety Code, is repealed.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.