1-1 By: Moncrief S.B. No. 160
1-2 (In the Senate - Filed January 22, 1993; January 25, 1993,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 23, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-6 March 23, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 160 By: Moncrief
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the provision of mental health and rehabilitative
1-22 services.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subchapter A, Chapter 533, Health and Safety
1-25 Code, is amended by adding Section 533.0075 to read as follows:
1-26 Sec. 533.0075. EXCHANGE OF EMPLOYMENT RECORDS. The
1-27 department shall make available to a community center, on request,
1-28 the employment records of a department employee or former employee
1-29 who applies for employment at the community center.
1-30 SECTION 2. Subsections (b), (c), and (d), Section 533.014,
1-31 Health and Safety Code, are amended to read as follows:
1-32 (b) The board's first consideration in developing rules
1-33 under this section must be to satisfy individual patient treatment
1-34 needs in the most appropriate setting. The board shall also
1-35 consider reducing patient inconvenience resulting from admissions
1-36 and transfers between providers. <The rules must be based on the
1-37 advice and recommendations of the single portal review committee.>
1-38 (c) <The board may designate a local mental health authority
1-39 as a single portal authority for a service area if:>
1-40 <(1) the board determines that the authority operates
1-41 or contracts for the licensed inpatient mental health facilities
1-42 the board determines are necessary;>
1-43 <(2) the board determines that all core services
1-44 required by Section 534.053 are available in the service area; and>
1-45 <(3) the single portal review committee:>
1-46 <(A) determines that the core services in the
1-47 service area are of sufficient quality and quantity as measured by
1-48 criteria established by the committee;>
1-49 <(B) determines that the local mental health
1-50 authority meets the criteria set by the single portal review
1-51 committee, including receiving the endorsement of the application
1-52 from the county judges and the appropriate police chiefs who have
1-53 jurisdiction in the applicant's service area and from the
1-54 superintendent of the department mental health facility serving the
1-55 area; and>
1-56 <(C) approves the authority's application.>
1-57 <(d)> If the board designates a local mental health
1-58 authority as a single portal authority, the department shall notify
1-59 each judge who has probate jurisdiction in the service area and any
1-60 other person the single portal authority considers necessary of the
1-61 designation and the new procedures required in the area.
1-62 SECTION 3. Section 533.032, Health and Safety Code, is
1-63 amended to read as follows:
1-64 Sec. 533.032. LONG-RANGE PLAN. <(a)> The department shall
1-65 have a long-range plan covering at least six years that includes at
1-66 least the provisions required by Section 10, Article 4413(502),
1-67 Revised Statutes, and Article 6252-31, Revised Statutes, as added
1-68 by Chapter 384, Acts of the 72nd Legislature, Regular Session, 1991
2-1 <following elements:>
2-2 <(1) a statement of the department's mission, goals,
2-3 and objectives;>
2-4 <(2) quantifiable indicators of effort and success;>
2-5 <(3) an identification of priority populations and the
2-6 minimum services necessary for those populations;>
2-7 <(4) a description of the appropriate use of
2-8 facilities, including the role of state hospitals and schools,
2-9 considering their size, function, and specialization and the
2-10 criteria for adding needed beds and phasing out uneconomical and
2-11 unneeded beds;>
2-12 <(5) a description of the service delivery system
2-13 while the plan is being implemented, including estimates of the
2-14 number of persons to be served by department facilities and
2-15 community-based services and the costs of the services; and>
2-16 <(6) a comprehensive assessment of needs and a
2-17 statewide inventory of resources.>
2-18 <(b) The department shall revise the plan by January 1 of
2-19 each even-numbered year.>
2-20 <(c) The department shall identify and project the costs
2-21 related to implementing the plan.>
2-22 <(d) As part of the department's budget preparation process,
2-23 the department shall biennially assess its achievement of the goals
2-24 identified in the plan. The department should make each biennial
2-25 budget request according to the results of the assessment, with
2-26 requests for new program funding and continued funding made
2-27 according to demonstrated need.>
2-28 <(e) The department should develop and maintain a data base
2-29 appropriate to the planning effort>.
2-30 SECTION 4. Section 533.042, Health and Safety Code, is
2-31 amended to read as follows:
2-32 Sec. 533.042. <ANNUAL> EVALUATION OF ELDERLY RESIDENTS.
2-33 (a) The department shall evaluate each elderly resident at least
2-34 annually to determine if the resident can be appropriately served
2-35 in a less restrictive setting.
2-36 (b) The department shall consider the proximity to the
2-37 resident of family, friends, and advocates concerned with the
2-38 resident's well-being in determining whether the resident should be
2-39 moved from a department facility or to a different department
2-40 facility. The department shall recognize that a nursing home may
2-41 not be able to meet the special needs of an elderly resident.
2-42 (c) In evaluating an elderly resident under this section and
2-43 to ensure appropriate placement, the department shall identify the
2-44 special needs of the resident, the types of services that will best
2-45 meet those needs, and the type of facility that will best provide
2-46 those services.
2-47 (d) The treating physician shall conduct the evaluation of
2-48 an elderly resident of a department mental health facility. The
2-49 appropriate interdisciplinary team shall conduct the evaluation of
2-50 an elderly resident of a department mental retardation facility.
2-51 (e) The department shall attempt to place an elderly
2-52 resident in a less restrictive setting if the department determines
2-53 that the resident can be appropriately served in that setting. The
2-54 department shall coordinate the attempt with the local mental
2-55 health and mental retardation authority.
2-56 (f) A local mental health or mental retardation authority
2-57 shall provide continuing care for an elderly resident placed in the
2-58 authority's service area under this section.
2-59 (g) The local mental health or mental retardation authority
2-60 shall have the right of access to all residents and records of
2-61 residents who request continuing care services.
2-62 SECTION 5. (a) Section 534.0155, Health and Safety Code, as
2-63 added by Section 6.21, H.B. No. 947, Acts of the 73rd Legislature,
2-64 Regular Session, 1993, is amended to read as follows:
2-65 Sec. 534.0155. FOR WHOM SERVICES MAY BE PROVIDED. (a) This
2-66 subtitle does not prevent a community center from providing
2-67 services to a person with chemical dependency or to a person with a
2-68 mental disability, as that term is defined by Section 535.001.
2-69 (b) A community center may provide those services by
2-70 contracting with a public or private agency in addition to the
3-1 department.
3-2 <(c) A community center may not provide services to a person
3-3 with a disability that is not listed in the definition of person
3-4 with a mental disability provided by Section 535.001, except that a
3-5 community center that, on or before September 1, 1991, has
3-6 contracted to provide services to a person with a disability that
3-7 is not listed in that definition may continue to receive funding
3-8 and provide services to that person for the term of the contract.>
3-9 (b) This section takes effect only if H.B. No. 947, Acts of
3-10 the 73rd Legislature, Regular Session, 1993, finally passes and is
3-11 approved by the governor.
3-12 SECTION 6. Section 534.020, Health and Safety Code, is
3-13 amended to read as follows:
3-14 Sec. 534.020. ACQUISITION AND CONSTRUCTION OF PROPERTY AND
3-15 FACILITIES BY COMMUNITY CENTER. (a) A community center may
3-16 purchase or lease-purchase <lease> real and personal property and
3-17 may construct buildings and facilities.
3-18 (b) The board of trustees shall require that an appraiser
3-19 certified by the Texas Appraiser Licensing and Certification Board
3-20 conduct an independent appraisal of real estate the community
3-21 center intends to purchase. The board of trustees may waive this
3-22 requirement if the purchase price is less than the value listed for
3-23 the property by the local appraisal district and the property has
3-24 been appraised by the local appraisal district within the preceding
3-25 two years. A community center may not purchase or lease-purchase
3-26 property for an amount that is greater than the property's
3-27 appraised value unless:
3-28 (1) the purchase or lease-purchase of that property at
3-29 that price is necessary;
3-30 (2) the board of trustees documents in the official
3-31 minutes the reasons why the purchase or lease-purchase is necessary
3-32 at that price; and
3-33 (3) a majority of the board approves the transaction.
3-34 (c) The board of trustees shall establish in accordance with
3-35 relevant department rules competitive bidding procedures and
3-36 practices for capital purchases and for purchases involving
3-37 department funds or required local matching funds.
3-38 SECTION 7. Subsection (b), Section 534.021, Health and
3-39 Safety Code, is amended to read as follows:
3-40 (b) A community center must notify the department not later
3-41 than the 31st <61st> day before it enters into a binding obligation
3-42 to acquire real property, including a building, if the acquisition
3-43 does not involve the use of department funds or local funds
3-44 required to match department funds. The commissioner, on request,
3-45 may waive the 30-day <60 day> requirement on a case-by-case basis.
3-46 SECTION 8. (a) Section 534.033, Health and Safety Code, as
3-47 added by Chapter 76, Acts of the 72nd Legislature, Regular Session,
3-48 1991, and as amended by Section 6, Chapter 569, Acts of the 72nd
3-49 Legislature, Regular Session, 1991, is conformed and amended to
3-50 read as follows:
3-51 Sec. 534.033. LIMITATION ON DEPARTMENT CONTROL AND REVIEW.
3-52 (a) It is the intent of the legislature that the department limit
3-53 its control over, and routine reviews of, community center programs
3-54 to those programs that:
3-55 (1) use department <state> funds or use required local
3-56 funds that are matched with department <state> funds;
3-57 (2) provide core or required services;
3-58 (3) provide services to former clients or patients of
3-59 a department facility; or
3-60 (4) are affected by litigation in which the department
3-61 is a defendant.
3-62 (b) The department may review any community center program
3-63 if the department has reason to suspect that a violation of a
3-64 department rule has occurred or if the department receives an
3-65 allegation of patient or client abuse.
3-66 (c) The department may determine whether a particular
3-67 program uses department <state> funds or uses required local
3-68 matching funds.
3-69 (d) This Act does not prevent a community center from
3-70 providing services to a person with chemical dependency or to a
4-1 person who is a "mentally disabled person," as that term is defined
4-2 by Section 535.001 <5.01 of this Act, as added by Chapter 835, Acts
4-3 of the 70th Legislature, Regular Session, 1987>. A community
4-4 center may provide those services by contracting with a public or
4-5 private agency in addition to the department <Department. A
4-6 community center may not provide services to a person with a
4-7 disability that is not listed in the definition of "mentally
4-8 disabled person" provided by Section 5.01 of this Act. However, a
4-9 community center that, on or before September 1, 1991, has
4-10 contracted to provide services to a person with a disability that
4-11 is not listed in that definition may continue to receive funding
4-12 and provide services to that person for the term of the contract>.
4-13 (b) This section takes effect only if H.B. No. 947, Acts of
4-14 the 73rd Legislature, Regular Session, 1993, does not finally pass
4-15 or is not approved by the governor.
4-16 SECTION 9. Subchapter B, Chapter 534, Health and Safety
4-17 Code, is amended by adding Section 534.0675 to read as follows:
4-18 Sec. 534.0675. NOTICE OF DENIAL, REDUCTION, OR TERMINATION
4-19 OF SERVICES. The board by rule, in cooperation with local mental
4-20 health and mental retardation authorities, consumers, consumer
4-21 advocates, and service providers, shall establish a uniform
4-22 procedure that each local mental health or mental retardation
4-23 authority shall use to notify consumers in writing of the denial,
4-24 involuntary reduction, or termination of services and of the right
4-25 to appeal those decisions.
4-26 SECTION 10. Section 574.081, Health and Safety Code, is
4-27 amended by amending Subsection (e) and adding Subsection (f) to
4-28 read as follows:
4-29 (e) The facility administrator or the administrator's
4-30 designee shall have the right of access to discharged patients and
4-31 records of patients who request continuing care services.
4-32 (f) A patient who is to be discharged may refuse the
4-33 continuing care services.
4-34 SECTION 11. Section 591.011, Health and Safety Code, is
4-35 amended by amending Subsection (e) and adding Subsection (f) to
4-36 read as follows:
4-37 (e) The department shall have the right of access to all
4-38 residents and records of residents who are placed with residential
4-39 service providers.
4-40 (f) The department's responsibilities under this subtitle
4-41 are in addition to all other responsibilities and duties of the
4-42 department under other law.
4-43 SECTION 12. Section 533.013, Health and Safety Code, is
4-44 repealed.
4-45 SECTION 13. The Texas Board of Mental Health and Mental
4-46 Retardation shall adopt the rule required by Section 534.0675,
4-47 Health and Safety Code, as added by this Act, by September 1, 1993.
4-48 SECTION 14. (a) Except as provided by Subsection (b) of
4-49 this section, this Act takes effect immediately.
4-50 (b) Sections 5 and 8 of this Act take effect as provided by
4-51 those sections.
4-52 SECTION 15. The importance of this legislation and the
4-53 crowded condition of the calendars in both houses create an
4-54 emergency and an imperative public necessity that the
4-55 constitutional rule requiring bills to be read on three several
4-56 days in each house be suspended, and this rule is hereby suspended,
4-57 and that this Act take effect and be in force from and after its
4-58 passage, and it is so enacted.
4-59 * * * * *
4-60 Austin,
4-61 Texas
4-62 March 23, 1993
4-63 Hon. Bob Bullock
4-64 President of the Senate
4-65 Sir:
4-66 We, your Committee on Health and Human Services to which was
4-67 referred S.B. No. 160, have had the same under consideration, and I
4-68 am instructed to report it back to the Senate with the
4-69 recommendation that it do not pass, but that the Committee
4-70 Substitute adopted in lieu thereof do pass and be printed.
5-1 Zaffirini,
5-2 Chair
5-3 * * * * *
5-4 WITNESSES
5-5 FOR AGAINST ON
5-6 ___________________________________________________________________
5-7 Name: Karen Hale x
5-8 Representing: TXMHMR
5-9 City: Austin
5-10 -------------------------------------------------------------------
5-11 Name: Spencer McClure x
5-12 Representing: Tx Council of Comm MHMR Ctrs
5-13 City: Austin
5-14 -------------------------------------------------------------------
5-15 Name: Christine Devall x
5-16 Representing: Mental Health Assn, Tx
5-17 City: Austin
5-18 -------------------------------------------------------------------
5-19 Name: Mary Jo Magruder x
5-20 Representing: Tx Council for Dev Disability
5-21 City: Austin
5-22 -------------------------------------------------------------------
5-23 Name: Mike Bright x
5-24 Representing: Assn for Retarded Citizens
5-25 City: Austin
5-26 -------------------------------------------------------------------
5-27 Name: Banett Markland x
5-28 Representing: Advocacy Inc.
5-29 City: Austin
5-30 -------------------------------------------------------------------