By:  Zaffirini, Moncrief                               S.B. No. 210
            Harris of Tarrant
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the regulation of the provision of health care services
    1-2  and mental health services to certain persons; providing civil and
    1-3  criminal penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5                               ARTICLE 1
    1-6        SECTION 1.01.  Chapter 161, Health and Safety Code, is
    1-7  amended by adding Subchapter K to read as follows:
    1-8         SUBCHAPTER K.  ABUSE, NEGLECT, AND UNPROFESSIONAL OR
    1-9              UNETHICAL CONDUCT IN HEALTH CARE FACILITIES
   1-10        Sec. 161.131.  DEFINITIONS.  In this subchapter:
   1-11              (1)  "Abuse" has the meaning assigned by the federal
   1-12  Protection and Advocacy for Mentally Ill Individuals Act of 1986
   1-13  (42 U.S.C. Section 10801 et seq.).
   1-14              (2)  "Comprehensive medical rehabilitation" means the
   1-15  provision of rehabilitation services that are designed to improve
   1-16  or minimize a person's physical or cognitive disabilities, maximize
   1-17  a person's functional ability, or restore a person's lost
   1-18  functional capacity through close coordination of services,
   1-19  communication, interaction, and integration among several
   1-20  professions that share the responsibility to achieve team treatment
   1-21  goals for the person.
   1-22              (3)  "Hospital" has the meaning assigned by Section
   1-23  241.003.
   1-24              (4)  "Illegal conduct" means conduct prohibited by law.
    2-1              (5)  "Inpatient mental health facility" has the meaning
    2-2  assigned by Section 571.003.
    2-3              (6)  "License" means a state agency permit,
    2-4  certificate, approval, registration, or other form of permission
    2-5  required by state law.
    2-6              (7)  "Mental health facility" has the meaning assigned
    2-7  by Section 571.003.
    2-8              (8)  "Neglect" has the meaning assigned by the federal
    2-9  Protection and Advocacy for Mentally Ill Individuals Act of 1986
   2-10  (42 U.S.C. Section 10801 et seq.).
   2-11              (9)  "State health care regulatory agency" means a
   2-12  state agency that licenses a health care professional.
   2-13              (10)  "Treatment facility" has the meaning assigned by
   2-14  Section 464.001.
   2-15              (11)  "Unethical conduct" means conduct prohibited by
   2-16  the ethical standards adopted by state or national professional
   2-17  organizations for their respective professions or by rules
   2-18  established by the state licensing agency for the respective
   2-19  profession.
   2-20              (12)  "Unprofessional conduct" means conduct prohibited
   2-21  under rules adopted by the state licensing agency for the
   2-22  respective profession.
   2-23        Sec. 161.132.  REPORTS OF ABUSE AND NEGLECT OR OF ILLEGAL,
   2-24  UNPROFESSIONAL, OR UNETHICAL CONDUCT.  (a)  A person, including an
   2-25  employee, volunteer, or other person associated with an inpatient
   2-26  mental health facility, a treatment facility, or a hospital that
   2-27  provides comprehensive medical rehabilitation services, who
    3-1  reasonably believes or who knows of information that would
    3-2  reasonably cause a person to believe that the physical or mental
    3-3  health or welfare of a patient or client of the facility who is
    3-4  receiving chemical dependency, mental health, or rehabilitation
    3-5  services has been, is, or will be adversely affected by abuse or
    3-6  neglect caused by any person shall as soon as possible report the
    3-7  information supporting the belief to the agency that licenses the
    3-8  facility or to the appropriate state health care regulatory agency.
    3-9        (b)  An employee of or other person associated with an
   3-10  inpatient mental health facility, a treatment facility, or a
   3-11  hospital that provides comprehensive medical rehabilitation
   3-12  services, including a health care professional, who reasonably
   3-13  believes or who knows of information that would reasonably cause a
   3-14  person to believe that the facility or an employee of or health
   3-15  care professional associated with the facility has, is, or will be
   3-16  engaged in conduct that is or might be illegal, unprofessional, or
   3-17  unethical and that relates to the operation of the facility or
   3-18  mental health, chemical dependency, or rehabilitation services
   3-19  provided in the facility shall as soon as possible report the
   3-20  information supporting the belief to the agency that licenses the
   3-21  facility or to the appropriate state health care regulatory agency.
   3-22        (c)  The requirement prescribed by this section is in
   3-23  addition to the requirements provided by Chapter 34, Family Code,
   3-24  and Chapter 48, Human Resources Code.
   3-25        (d)  The Texas Board of Mental Health and Mental Retardation,
   3-26  Texas Board of Health, Texas Commission on Alcohol and Drug Abuse,
   3-27  and each state health care regulatory agency by rule shall:
    4-1              (1)  prescribe procedures for the investigation of
    4-2  reports received under Subsection (a) or (b) and for coordination
    4-3  with and referral of reports to law enforcement agencies or other
    4-4  appropriate agencies; and
    4-5              (2)  prescribe follow-up procedures to ensure that a
    4-6  report referred to another agency receives appropriate action.
    4-7        (e)  Each hospital, inpatient mental health facility, and
    4-8  treatment facility shall prominently and conspicuously post for
    4-9  display in a public area of the facility that is readily available
   4-10  to patients, residents, volunteers, employees, and visitors a
   4-11  statement of the duty to report under this section.  The statement
   4-12  must be in English and in a second language and contain a toll-free
   4-13  telephone number that a person may call to report.
   4-14        (f)  Each state health care regulatory agency by rule shall
   4-15  provide for appropriate disciplinary action against a health care
   4-16  professional licensed by the agency who fails to report as required
   4-17  by this section.
   4-18        (g)  An individual who in good faith reports under this
   4-19  section is immune from civil or criminal liability arising from the
   4-20  report.  That immunity extends to participation in an
   4-21  administrative or judicial proceeding resulting from the report but
   4-22  does not extend to an individual who caused the abuse or neglect or
   4-23  who engaged in the illegal, unprofessional, or unethical conduct.
   4-24        (h)  A person commits an offense if the person:
   4-25              (1)  intentionally, maliciously, or recklessly reports
   4-26  false material information under this section; or
   4-27              (2)  fails to report as required by Subsection (a).
    5-1        (i)  An offense under Subsection (h) is a Class A
    5-2  misdemeanor.
    5-3        (j)  In this section, "abuse" includes coercive or
    5-4  restrictive actions that are illegal or not justified by the
    5-5  patient's condition and that are in response to the patient's
    5-6  request for discharge or refusal of medication, therapy, or
    5-7  treatment.
    5-8        Sec. 161.133.  MEMORANDUM OF UNDERSTANDING ON INSERVICE
    5-9  TRAINING.  (a)  The Texas Board of Mental Health and Mental
   5-10  Retardation, Texas Board of Health, and Texas Commission on Alcohol
   5-11  and Drug Abuse by rule shall adopt a joint memorandum of
   5-12  understanding that requires each inpatient mental health facility,
   5-13  treatment facility, or hospital that provides comprehensive medical
   5-14  rehabilitation services to annually provide as a condition of
   5-15  continued licensure a minimum of eight hours of inservice training
   5-16  designed to assist employees and health care professionals
   5-17  associated with the facility in identifying patient abuse or
   5-18  neglect and illegal, unprofessional, or unethical conduct by or in
   5-19  the facility.
   5-20        (b)  The memorandum must prescribe:
   5-21              (1)  minimum standards for the training program; and
   5-22              (2)  a means for monitoring compliance with the
   5-23  requirement.
   5-24        (c)  Each agency shall review and modify the memorandum as
   5-25  necessary not later than the last month of each state fiscal year.
   5-26        Sec. 161.134.  RETALIATION AGAINST EMPLOYEES PROHIBITED.
   5-27  (a)  A hospital, mental health facility, or treatment facility may
    6-1  not suspend or terminate the employment of or discipline or
    6-2  otherwise discriminate against an employee for reporting to the
    6-3  employee's supervisor, an administrator of the facility, a state
    6-4  regulatory agency, or a law enforcement agency a violation of law,
    6-5  including a violation of this chapter, a rule adopted under this
    6-6  chapter, or a rule adopted by the Texas Board of Mental Health and
    6-7  Mental Retardation, the Texas Board of Health, or the Texas
    6-8  Commission on Alcohol and Drug Abuse.
    6-9        (b)  A hospital, mental health facility, or treatment
   6-10  facility that violates Subsection (a) is liable to the person
   6-11  discriminated against.  A person who has been discriminated against
   6-12  in violation of Subsection (a) may sue for injunctive relief,
   6-13  damages, or both.
   6-14        (c)  A court shall award to a plaintiff who prevails in a
   6-15  suit under this section not less than the greater of $1,000 or
   6-16  actual damages, including damages for mental anguish even if an
   6-17  injury other than mental anguish is not shown.
   6-18        (d)  In addition to an award under Subsection (c), a court
   6-19  may award to a plaintiff who prevails in a suit under this section:
   6-20              (1)  exemplary damages;
   6-21              (2)  court costs; and
   6-22              (3)  reasonable attorney fees.
   6-23        (e)  In addition to amounts recovered under Subsections (c)
   6-24  and (d), a plaintiff is entitled to, if applicable:
   6-25              (1)  reinstatement in the plaintiff's former position;
   6-26              (2)  compensation for lost wages; and
   6-27              (3)  reinstatement of lost fringe benefits or seniority
    7-1  rights.
    7-2        (f)  A plaintiff suing under this section has the burden of
    7-3  proof, except that it is a rebuttable presumption that the
    7-4  plaintiff's employment was suspended or terminated, or that the
    7-5  employee was disciplined or discriminated against, for making a
    7-6  report related to a violation if the suspension, termination,
    7-7  discipline, or discrimination occurs before the 60th day after the
    7-8  date on which the plaintiff made a report in good faith.
    7-9        (g)  A suit under this section may be brought in the district
   7-10  court of the county in which:
   7-11              (1)  the plaintiff resides;
   7-12              (2)  the plaintiff was employed by the defendant; or
   7-13              (3)  the defendant conducts business.
   7-14        (h)  A person who alleges a violation of Subsection (a) must
   7-15  sue under this section before the 180th day after the date the
   7-16  alleged violation occurred or was discovered by the employee
   7-17  through the use of reasonable diligence.
   7-18        (i)  This section does not abrogate any other right to sue or
   7-19  interfere with any other cause of action.
   7-20        (j)  Each hospital, mental health facility, and treatment
   7-21  facility shall prominently and conspicuously post for display in a
   7-22  public area of the facility that is readily available to patients,
   7-23  residents, employees, and visitors a statement that employees and
   7-24  staff are protected from discrimination or retaliation for
   7-25  reporting a violation of law.  The statement must be in English and
   7-26  in a second language.
   7-27        Sec. 161.135.  RETALIATION AGAINST NONEMPLOYEES PROHIBITED.
    8-1  (a)  A hospital, mental health facility, or treatment facility may
    8-2  not retaliate against a person who is not an employee for reporting
    8-3  a violation of law, including a violation of this chapter, a rule
    8-4  adopted under this chapter, or a rule adopted by the Texas Board of
    8-5  Mental Health and Mental Retardation, the Texas Board of Health, or
    8-6  the Texas Commission on Alcohol and Drug Abuse.
    8-7        (b)  A hospital, mental health facility, or treatment
    8-8  facility that violates Subsection (a) is liable to the person
    8-9  retaliated against.  A person who has been retaliated against in
   8-10  violation of Subsection (a) may sue for injunctive relief, damages,
   8-11  or both.
   8-12        (c)  A person suing under this section has the burden of
   8-13  proof, except that it is a rebuttable presumption that the
   8-14  plaintiff was retaliated against if:
   8-15              (1)  before the 60th day after the date on which the
   8-16  plaintiff made a report in good faith, the hospital, mental health
   8-17  facility, or treatment facility:
   8-18                    (A)  discriminates in violation of Section
   8-19  161.134 against a relative who is an employee of the facility;
   8-20                    (B)  transfers, disciplines, suspends,
   8-21  terminates, or otherwise discriminates against the person or a
   8-22  relative who is a volunteer in the facility or who is employed
   8-23  under the patient work program administered by the Texas Department
   8-24  of Mental Health and Mental Retardation;
   8-25                    (C)  commits or threatens to commit, without
   8-26  justification, the person or a relative of the person; or
   8-27                    (D)  transfers, discharges, punishes, or
    9-1  restricts the privileges of the person or a relative of the person
    9-2  who is receiving inpatient or outpatient services in the facility;
    9-3  or
    9-4              (2)  a person expected to testify on behalf of the
    9-5  plaintiff is intentionally made unavailable through an action of
    9-6  the facility, including a discharge, resignation, or transfer.
    9-7        (d)  A court shall award to a plaintiff who prevails in a
    9-8  suit under this section not less than the greater of $1,000 or
    9-9  actual damages, including damages for mental anguish even if an
   9-10  injury other than mental anguish is not shown.
   9-11        (e)  In addition to an award under Subsection (d), a court
   9-12  may award to a plaintiff who prevails in a suit under this section:
   9-13              (1)  exemplary damages;
   9-14              (2)  court costs; and
   9-15              (3)  reasonable attorney fees.
   9-16        (f)  A suit under this section may be brought in the district
   9-17  court of the county in which:
   9-18              (1)  the plaintiff resides;
   9-19              (2)  the plaintiff was employed by the defendant; or
   9-20              (3)  the defendant conducts business.
   9-21        (g)  This section does not abrogate any other right to sue or
   9-22  interfere with any other cause of action.
   9-23        (h)  Each hospital, mental health facility, and treatment
   9-24  facility shall prominently and conspicuously post for display in a
   9-25  public area of the facility that is readily available to patients,
   9-26  residents, employees, and visitors a statement that nonemployees
   9-27  are protected from discrimination or retaliation for reporting a
   10-1  violation of law.  The statement must be in English and in a second
   10-2  language.  The sign may be combined with the sign required by
   10-3  Section 161.134(j).
   10-4        Sec. 161.136.  BROCHURE RELATING TO SEXUAL EXPLOITATION.
   10-5  (a)  A state health care regulatory agency by rule may require a
   10-6  mental health services provider licensed by that agency to provide
   10-7  a standardized written brochure, in wording a patient can
   10-8  understand, that summarizes the law prohibiting sexual exploitation
   10-9  of patients.  The brochure must be available in English and in a
  10-10  second language.
  10-11        (b)  The brochure shall include:
  10-12              (1)  procedures for filing a complaint relating to
  10-13  sexual exploitation, including any toll-free telephone number
  10-14  available; and
  10-15              (2)  the rights of a victim of sexual exploitation.
  10-16        (c)  In this section, "mental health services provider" has
  10-17  the meaning assigned by Section 81.001, Civil Practice and Remedies
  10-18  Code.
  10-19        Sec. 161.137.  PENALTIES.  In addition to the penalties
  10-20  prescribed by this subchapter, a violation of a provision of this
  10-21  subchapter by an individual or facility that is licensed by a state
  10-22  health care regulatory agency is subject to the same consequence as
  10-23  a violation of the licensing law applicable to the individual or
  10-24  facility or of a rule adopted under that licensing law.
  10-25        SECTION 1.02.  The changes in law made by this article apply
  10-26  only to a cause of action that accrues on or after the effective
  10-27  date of this article.  A cause of action that accrues before the
   11-1  effective date of this article is governed by the law in effect on
   11-2  the date the cause of action accrues, and that law is continued in
   11-3  effect for this purpose.
   11-4                               ARTICLE 2
   11-5        SECTION 2.01.  Title 4, Civil Practice and Remedies Code, is
   11-6  amended by adding Chapter 81 to read as follows:
   11-7  CHAPTER 81.  SEXUAL EXPLOITATION BY MENTAL HEALTH SERVICES PROVIDER
   11-8        Sec. 81.001.  DEFINITIONS.  In this chapter:
   11-9              (1)  "Mental health services" means assessment,
  11-10  diagnosis, treatment, or counseling in a professional relationship
  11-11  to assist an individual or group in:
  11-12                    (A)  alleviating mental or emotional illness,
  11-13  symptoms, conditions, or disorders, including alcohol or drug
  11-14  addiction;
  11-15                    (B)  understanding conscious or subconscious
  11-16  motivations;
  11-17                    (C)  resolving emotional, attitudinal, or
  11-18  relationship conflicts; or
  11-19                    (D)  modifying feelings, attitudes, or behaviors
  11-20  that interfere with effective emotional, social, or intellectual
  11-21  functioning.
  11-22              (2)  "Mental health services provider" means an
  11-23  individual, licensed or unlicensed, who performs or purports to
  11-24  perform mental health services, including a:
  11-25                    (A)  "certified social worker" as defined by
  11-26  Section 50.001, Human Resources Code;
  11-27                    (B)  "chemical dependency counselor" as defined
   12-1  by Section 1, Chapter 635, Acts of the 72nd Legislature, Regular
   12-2  Session, 1991 (Article 4512o, Vernon's Texas Civil Statutes);
   12-3                    (C)  "licensed professional counselor" as defined
   12-4  by Section 2, Licensed Professional Counselor Act (Article 4512g,
   12-5  Vernon's Texas Civil Statutes);
   12-6                    (D)  "licensed marriage and family therapist" as
   12-7  defined by Section 2, Licensed Marriage and Family Therapist Act
   12-8  (Article 4512c-1, Vernon's Texas Civil Statutes);
   12-9                    (E)  member of the clergy;
  12-10                    (F)  "physician" who is "practicing medicine" as
  12-11  defined by Section 1.03, Medical Practice Act (Article 4495b,
  12-12  Vernon's Texas Civil Statutes); and
  12-13                    (G)  "psychologist" offering "psychological
  12-14  services" as defined by Section 2, Psychologists' Certification and
  12-15  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes).
  12-16              (3)  "Patient" means an individual who seeks or obtains
  12-17  mental health services.
  12-18              (4)  "Sexual contact" means:
  12-19                    (A)  "deviate sexual intercourse" as defined by
  12-20  Section 21.01, Penal Code;
  12-21                    (B)  "sexual contact" as defined by
  12-22  Section 21.01, Penal Code;
  12-23                    (C)  "sexual intercourse" as defined by
  12-24  Section 21.01, Penal Code; or
  12-25                    (D)  requests by the mental health services
  12-26  provider for conduct described by Paragraph (A), (B), or (C).
  12-27  "Sexual contact" does not include conduct described by Paragraph
   13-1  (A) or (B) that is a part of a professionally recognized medical
   13-2  treatment of a patient.
   13-3              (5)  "Sexual exploitation" means a pattern, practice,
   13-4  or scheme of conduct, which may include sexual contact, that can
   13-5  reasonably be construed as being for the purposes of sexual arousal
   13-6  or gratification or sexual abuse of any person.  The term does not
   13-7  include obtaining information about a patient's sexual history
   13-8  within standard accepted practice while treating a sexual or
   13-9  marital dysfunction.
  13-10              (6)  "Therapeutic deception" means a representation by
  13-11  a mental health services provider that sexual contact with, or
  13-12  sexual exploitation by, the mental health services provider is
  13-13  consistent with, or a part of, a patient's or former patient's
  13-14  treatment.
  13-15        Sec. 81.002.  SEXUAL EXPLOITATION CAUSE OF ACTION.  A mental
  13-16  health services provider is liable to a patient or former patient
  13-17  of the mental health services provider for damages for sexual
  13-18  exploitation if the patient or former patient suffers, directly or
  13-19  indirectly, a physical, mental, or emotional injury caused by,
  13-20  resulting from, or arising out of:
  13-21              (1)  sexual contact between the patient or former
  13-22  patient and the mental health services provider;
  13-23              (2)  sexual exploitation of the patient or former
  13-24  patient by the mental health services provider; or
  13-25              (3)  therapeutic deception of the patient or former
  13-26  patient by the mental health services provider.
  13-27        Sec. 81.003.  LIABILITY OF EMPLOYER.  (a)  An employer of a
   14-1  mental health services provider is liable to a patient or former
   14-2  patient of the mental health services provider for damages if the
   14-3  patient or former patient is injured as described by Section 81.002
   14-4  and the employer:
   14-5              (1)  fails to make inquiries of an employer or former
   14-6  employer, whose name and address have been disclosed to the
   14-7  employer and who employed the mental health services provider as a
   14-8  mental health services provider within the five years before the
   14-9  date of disclosure, concerning the possible occurrence of sexual
  14-10  exploitation by the mental health services provider of patients or
  14-11  former patients of the mental health services provider; or
  14-12              (2)  knows or has reason to know that the mental health
  14-13  services provider engaged in the sexual exploitation of the patient
  14-14  or former patient and the employer failed to:
  14-15                    (A)  report the suspected sexual exploitation as
  14-16  required by Section 81.006; or
  14-17                    (B)  take necessary action to prevent or stop the
  14-18  sexual exploitation by the mental health services provider.
  14-19        (b)  An employer or former employer of a mental health
  14-20  services provider is liable to a patient or former patient of the
  14-21  mental health services provider for damages if the patient or
  14-22  former patient is injured as described by Section 81.002 and the
  14-23  employer or former employer:
  14-24              (1)  knows of the occurrence of the sexual exploitation
  14-25  by the mental health services provider of the patient or former
  14-26  patient;
  14-27              (2)  receives a specific request by an employer or
   15-1  prospective employer of the mental health services provider,
   15-2  engaged in the business of providing mental health services,
   15-3  concerning the possible existence or nature of sexual exploitation
   15-4  by the mental health services provider; and
   15-5              (3)  fails to disclose the occurrence of the sexual
   15-6  exploitation.
   15-7        (c)  An employer or former employer is liable under this
   15-8  section only to the extent that the failure to take the action
   15-9  described by Subsection (a) or (b) was a proximate and actual cause
  15-10  of damages sustained.
  15-11        Sec. 81.004.  DAMAGES.  (a)  A court shall award to a
  15-12  plaintiff who prevails in a suit under this chapter not less than
  15-13  the greater of $1,000 or actual damages, including damages for
  15-14  mental anguish even if an injury other than mental anguish is not
  15-15  shown.
  15-16        (b)  In addition to an award under Subsection (a), a court
  15-17  may award to a plaintiff who prevails in a suit under this chapter:
  15-18              (1)  exemplary damages;
  15-19              (2)  court costs; and
  15-20              (3)  reasonable attorney fees.
  15-21        Sec. 81.005.  DEFENSES.  (a)  It is not a defense to an
  15-22  action brought under Section 81.002 or 81.003 that the sexual
  15-23  exploitation of the patient or former patient occurred:
  15-24              (1)  with the consent of the patient or former patient;
  15-25              (2)  outside the therapy or treatment sessions of the
  15-26  patient or former patient; or
  15-27              (3)  off the premises regularly used by the mental
   16-1  health services provider for the therapy or treatment sessions of
   16-2  the patient or former patient.
   16-3        (b)  It is a defense to an action brought under
   16-4  Section 81.002 or 81.003 by a former patient that the person was
   16-5  not emotionally dependent on the mental health services provider
   16-6  when the sexual exploitation began and the mental health services
   16-7  provider terminated mental health services with the patient more
   16-8  than two years before the date the sexual exploitation began.
   16-9        (c)  A person is considered not emotionally dependent for
  16-10  purposes of this chapter if the nature of the patient's or former
  16-11  patient's emotional condition and the nature of the treatment
  16-12  provided by the mental health services provider are not such that
  16-13  the mental health services provider knows or has reason to believe
  16-14  that the patient or former patient is unable to withhold consent to
  16-15  the sexual exploitation.
  16-16        Sec. 81.006.  DUTY TO REPORT.  (a)  If a mental health
  16-17  services provider or the employer of a mental health services
  16-18  provider has reasonable cause to suspect that a patient has been
  16-19  the victim of sexual exploitation by a mental health services
  16-20  provider during the course of treatment, or if a patient alleges
  16-21  sexual exploitation by a mental health services provider during the
  16-22  course of treatment, the mental health services provider or the
  16-23  employer shall report the alleged conduct not later than the 30th
  16-24  day after the date the person became aware of the conduct or the
  16-25  allegations to:
  16-26              (1)  the prosecuting attorney in the county in which
  16-27  the alleged sexual exploitation occurred; and
   17-1              (2)  any state licensing board that has responsibility
   17-2  for the mental health services provider's licensing.
   17-3        (b)  Before making a report under this section, the reporter
   17-4  shall inform the alleged victim of the reporter's duty to report
   17-5  and shall determine if the alleged victim wants to remain
   17-6  anonymous.
   17-7        (c)  A report under this section need contain only the
   17-8  information needed to:
   17-9              (1)  identify the reporter;
  17-10              (2)  identify the alleged victim, unless the alleged
  17-11  victim has requested anonymity; and
  17-12              (3)  express suspicion that sexual exploitation has
  17-13  occurred.
  17-14        (d)  Information in a report is privileged information and is
  17-15  for the exclusive use of the prosecuting attorney or state
  17-16  licensing board that receives the information.  A person who
  17-17  receives privileged information may not disclose the information
  17-18  except to the extent that disclosure is consistent with the
  17-19  authorized purposes for which the person first obtained the
  17-20  information.  The identity of an alleged victim of sexual
  17-21  exploitation by a mental health services provider may not be
  17-22  disclosed by the reporter, or by a person who has received or has
  17-23  access to a report or record, unless the alleged victim has
  17-24  consented to the disclosure in writing.
  17-25        (e)  A person who intentionally violates Subsection (a) or
  17-26  (d) is subject to disciplinary action by that person's appropriate
  17-27  licensing board and also commits an offense.  An offense under this
   18-1  subsection is a Class C misdemeanor.
   18-2        Sec. 81.007.  LIMITED IMMUNITY FROM LIABILITY.  (a)  A person
   18-3  who, in good faith, makes a report required by Section 81.006 is
   18-4  immune from civil or criminal liability resulting from the filing
   18-5  of that report.
   18-6        (b)  Reporting under this chapter is presumed to be done in
   18-7  good faith.
   18-8        (c)  The immunity provided by this section does not apply to
   18-9  liability resulting from sexual exploitation by a mental health
  18-10  services provider of a patient or former patient.
  18-11        Sec. 81.008.  ADMISSION OF EVIDENCE.  (a)  In an action for
  18-12  sexual exploitation, evidence of the plaintiff's sexual history and
  18-13  reputation is not admissible unless:
  18-14              (1)  the plaintiff claims damage to sexual functioning;
  18-15  or
  18-16              (2)(A)  the defendant requests a hearing before trial
  18-17  and makes an offer of proof of the relevancy of the history or
  18-18  reputation; and
  18-19                    (B)  the court finds that the history or
  18-20  reputation is relevant and that the probative value of the evidence
  18-21  outweighs its prejudicial effect.
  18-22        (b)  The court may allow the admission only of specific
  18-23  information or examples of the plaintiff's conduct that are
  18-24  determined by the court to be relevant.  The court's order shall
  18-25  detail the information or conduct that is admissible and no other
  18-26  such evidence may be introduced.
  18-27        Sec. 81.009.  LIMITATIONS.  (a)  Except as otherwise provided
   19-1  by this section, an action under this chapter must be filed before
   19-2  the third anniversary of the date the patient or former patient
   19-3  understood or should have understood the conduct for which
   19-4  liability is established under Section 81.002 or 81.003.
   19-5        (b)  If a patient or former patient entitled to file an
   19-6  action under this chapter is unable to bring the action because of
   19-7  the effects of the sexual exploitation, continued emotional
   19-8  dependence on the mental health services provider, or threats,
   19-9  instructions, or statements by the mental health services provider,
  19-10  the deadline for filing an action under this chapter is tolled
  19-11  during that period, except that the deadline may not be tolled for
  19-12  more than 15 years.
  19-13        (c)  This section does not apply to a patient or former
  19-14  patient who is a "child" or a "minor" as defined by Section 11.01,
  19-15  Family Code, until that patient or former patient has reached the
  19-16  age of 18.  If the action is brought by a parent, guardian, or
  19-17  other person having custody of the child or minor, it must be
  19-18  brought within the period set forth in this section.
  19-19        SECTION 2.02.  Chapter 21, Penal Code, is amended by adding
  19-20  Section 21.14 to read as follows:
  19-21        Sec. 21.14.  SEXUAL EXPLOITATION BY MENTAL HEALTH  SERVICES
  19-22  PROVIDER.  (a)  In this section:
  19-23              (1)  "Mental health services" means assessment,
  19-24  diagnosis, treatment, or counseling in a professional relationship
  19-25  to assist an individual or group in:
  19-26                    (A)  alleviating mental or emotional illness,
  19-27  symptoms, conditions, or disorders, including alcohol or drug
   20-1  addiction;
   20-2                    (B)  understanding conscious or subconscious
   20-3  motivations;
   20-4                    (C)  resolving emotional, attitudinal, or
   20-5  relationship conflicts; or
   20-6                    (D)  modifying feelings, attitudes, or behaviors
   20-7  that interfere with effective emotional, social, or intellectual
   20-8  functioning.
   20-9              (2)  "Mental health services provider" means an
  20-10  individual, licensed or unlicensed, who performs or purports to
  20-11  perform mental health services, including a:
  20-12                    (A)  "certified social worker" as defined by
  20-13  Section 50.001, Human Resources Code;
  20-14                    (B)  "chemical dependency counselor" as defined
  20-15  by Section 1, Chapter 635, Acts of the 72nd Legislature, Regular
  20-16  Session, 1991 (Article 4512o, Vernon's Texas Civil Statutes);
  20-17                    (C)  "licensed professional counselor" as defined
  20-18  by Section 2, Licensed Professional Counselor Act (Article 4512g,
  20-19  Vernon's Texas Civil Statutes);
  20-20                    (D)  "licensed marriage and family therapist" as
  20-21  defined by Section 2, Licensed Marriage and Family Therapist Act
  20-22  (Article 4512c-1, Vernon's Texas Civil Statutes);
  20-23                    (E)  member of the clergy;
  20-24                    (F)  "physician" who is "practicing medicine" as
  20-25  defined by Section 1.03, Medical Practice Act (Article 4495b,
  20-26  Vernon's Texas Civil Statutes); and
  20-27                    (G)  "psychologist" offering "psychological
   21-1  services" as defined by Section 2, Psychologists' Certification and
   21-2  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes).
   21-3              (3)  "Patient" means an individual who seeks or obtains
   21-4  mental health services.
   21-5              (4)  "Sexually exploitive behavior" means a pattern,
   21-6  practice, or scheme of conduct, which may include sexual contact,
   21-7  that can reasonably be construed as being for the purposes of
   21-8  sexual arousal or  gratification or sexual abuse of any person.
   21-9  The term does not include obtaining information about a patient's
  21-10  sexual history within standard accepted practice while treating a
  21-11  sexual or marital dysfunction.
  21-12        (b)  A person commits an offense if the person is a mental
  21-13  health services provider and intentionally:
  21-14              (1)  engages in sexual contact with a patient or former
  21-15  patient; or
  21-16              (2)  engages in sexually exploitive behavior with a
  21-17  patient or former patient.
  21-18        (c)  It is not a defense to prosecution under this section
  21-19  that the sexual contact or sexually exploitive behavior with the
  21-20  patient or former patient occurred:
  21-21              (1)  with the consent of the patient or former patient;
  21-22              (2)  outside the therapy or treatment sessions of the
  21-23  patient or former patient; or
  21-24              (3)  off the premises regularly used by the mental
  21-25  health services provider for the therapy or treatment sessions of
  21-26  the patient or former patient.
  21-27        (d)  It is a defense to prosecution under this section that
   22-1  the former patient was not emotionally dependent on the mental
   22-2  health services provider when the sexual contact occurred or the
   22-3  sexually exploitive behavior began and the mental health services
   22-4  provider terminated psychotherapy with the patient more than two
   22-5  years before the date the sexual contact occurred or the sexually
   22-6  exploitive behavior began.
   22-7        (e)  A person is considered emotionally dependent for
   22-8  purposes of this section if the nature of the patient's or former
   22-9  patient's emotional condition and the nature of the treatment
  22-10  provided by the mental health services provider are such that the
  22-11  mental health services provider knows or has reason to believe that
  22-12  the patient or former patient is unable to withhold consent to the
  22-13  sexual contact or the sexually exploitive behavior.
  22-14        (f)  It is a defense to prosecution under this section that
  22-15  the sexual contact is a part of a professionally recognized medical
  22-16  treatment of a patient.
  22-17        (g)  Except as provided by Subsection (h) of this section, an
  22-18  offense under this section is a felony of the third degree.
  22-19        (h)  If it is shown on the trial of an offense under this
  22-20  section that the defendant has been previously convicted of an
  22-21  offense under this section, the offense is a felony of the second
  22-22  degree.
  22-23        SECTION 2.03.  Section 50.021, Human Resources Code, is
  22-24  amended to read as follows:
  22-25        Sec. 50.021.  Revocation and Suspension.  The department may
  22-26  refuse to issue or to renew a certificate or order of recognition,
  22-27  may place on probation a person whose certificate or order of
   23-1  recognition has been suspended, may reprimand a person with a
   23-2  certificate or order of recognition, or may revoke or suspend a
   23-3  certificate or order of recognition issued under this chapter for
   23-4  any of the following reasons:
   23-5              (1)  violating a provision of this chapter or a rule of
   23-6  the department;
   23-7              (2)  circumventing or attempting to circumvent this
   23-8  chapter or a rule of the department;
   23-9              (3)  participating, directly or indirectly, in a plan,
  23-10  scheme, or arrangement attempting or having as its purpose the
  23-11  evasion of this chapter or a rule of the department;
  23-12              (4)  engaging in unethical conduct;
  23-13              (5)  engaging in conduct which discredits or tends to
  23-14  discredit the profession of social work;
  23-15              (6)  performing an act, allowing an omission, or making
  23-16  an assertion or representation that is fraudulent, deceitful, or
  23-17  misleading or that in any manner tends to create a misleading
  23-18  impression;
  23-19              (7)  knowingly associating with or permitting or
  23-20  allowing the use of any certified person's professional services or
  23-21  professional identification in a project or enterprise that the
  23-22  person knows or with the exercise of reasonable diligence should
  23-23  know is a practice that violates this chapter or a rule of the
  23-24  department pertaining to the practice of social work;
  23-25              (8)  knowingly associating with or permitting the use
  23-26  of a certified person's name, professional services, professional
  23-27  identification, or endorsement in connection with a venture or
   24-1  enterprise that the person knows or with the exercise of reasonable
   24-2  diligence should know is a trade, business, or professional
   24-3  practice of a fraudulent, deceitful, misleading, or dishonest
   24-4  nature;
   24-5              (9)  revealing, directly or indirectly, or causing to
   24-6  be revealed a confidential communication transmitted to the
   24-7  certified person by a client or recipient of his services except as
   24-8  may be required by law;
   24-9              (10)  having a certificate or a license to practice
  24-10  social work in another jurisdiction denied, suspended, or revoked
  24-11  for reasons or causes the department finds would constitute a
  24-12  violation of this chapter or a rule pertaining to the practice of
  24-13  social work adopted by the department;
  24-14              (11)  having been convicted of a felony in an American
  24-15  jurisdiction; <or>
  24-16              (12)  refusing to do or perform any act or service for
  24-17  which the person is certified under this chapter solely on the
  24-18  basis of the recipient's age, sex, race, religion, national origin,
  24-19  color, or political affiliation; or
  24-20              (13)  committing an act in violation of Section 21.14,
  24-21  Penal Code, or for which liability exists under Chapter 81, Civil
  24-22  Practice and Remedies Code.
  24-23        SECTION 2.04.  Section 16, Chapter 635, Acts of the 72nd
  24-24  Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
  24-25  Civil Statutes), is amended to read as follows:
  24-26        Sec. 16.  LICENSE REFUSAL; DISCIPLINARY ACTIONS.  The
  24-27  commission may refuse to issue or renew a license, place on
   25-1  probation a license holder whose license has been suspended,
   25-2  reprimand a license holder, or revoke or suspend a license issued
   25-3  under this Act for:
   25-4              (1)  violating or assisting another to violate this Act
   25-5  or a rule of the commission adopted under this Act;
   25-6              (2)  circumventing or attempting to circumvent this Act
   25-7  or a rule of the commission adopted under this Act;
   25-8              (3)  participating, directly or indirectly, in a plan
   25-9  the purpose of which is the evasion of this Act or a rule of the
  25-10  commission adopted under this Act;
  25-11              (4)  engaging in false, misleading, or deceptive
  25-12  conduct as defined by Section 17.46, Business & Commerce Code;
  25-13              (5)  engaging in conduct that discredits or tends to
  25-14  discredit the profession of chemical dependency counseling;
  25-15              (6)  revealing or causing to be revealed, directly or
  25-16  indirectly, a confidential communication made to the licensed
  25-17  chemical dependency counselor by a client or recipient of services,
  25-18  except as required by law;
  25-19              (7)  having a license to practice chemical dependency
  25-20  counseling in another jurisdiction refused, suspended, or revoked
  25-21  for a reason that the commission finds would constitute a violation
  25-22  of this Act or a commission rule established under this Act; <or>
  25-23              (8)  refusing to perform an act or service for which
  25-24  the person is licensed to perform under this Act on the basis of
  25-25  the client's or recipient's age, sex, race, religion, national
  25-26  origin, color, or political affiliation; or
  25-27              (9)  committing an act in violation of Section 21.14,
   26-1  Penal Code, or for which liability exists under Chapter 81, Civil
   26-2  Practice and Remedies Code.
   26-3        SECTION 2.05.  Section 25, Licensed Marriage and Family
   26-4  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
   26-5  amended to read as follows:
   26-6        Sec. 25.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
   26-7  After a hearing, the board may deny, suspend, or revoke a license
   26-8  or otherwise discipline a license holder if the applicant for
   26-9  license or the license holder has:
  26-10              (1)  been convicted of a felony or a misdemeanor
  26-11  involving moral turpitude;
  26-12              (2)  obtained or attempted to obtain registration by
  26-13  fraud or deception;
  26-14              (3)  used drugs or alcohol to an extent that affects
  26-15  professional competence;
  26-16              (4)  been grossly negligent in performing professional
  26-17  duties;
  26-18              (5)  been adjudicated mentally incompetent by a court
  26-19  of competent jurisdiction;
  26-20              (6)  practiced in a manner detrimental to the public
  26-21  health or welfare;
  26-22              (7)  advertised in a manner that tends to deceive or
  26-23  defraud the public;
  26-24              (8)  had a license or certification revoked by a
  26-25  licensing agency or by a certifying professional organization; <or>
  26-26              (9)  otherwise violated this Act or a rule or code of
  26-27  ethics adopted under this Act; or
   27-1              (10)  committed an act in violation of Section 21.14,
   27-2  Penal Code, or for which liability exists under Chapter 81, Civil
   27-3  Practice and Remedies Code.
   27-4        SECTION 2.06.  Subsection (a), Section 16, Licensed
   27-5  Professional Counselor Act (Article 4512g, Vernon's Texas Civil
   27-6  Statutes), is amended to read as follows:
   27-7        (a)  The board may revoke, <or> suspend, or refuse to renew
   27-8  the license of a counselor on proof that the counselor:
   27-9              (1)  has committed an act in violation of Section
  27-10  21.14, Penal Code, or for which liability exists under Chapter 81,
  27-11  Civil Practice and Remedies Code;
  27-12              (2)  has violated this Act or a rule or code of ethics
  27-13  adopted by the board; or
  27-14              (3) <(2)>  is legally committed to an institution
  27-15  because of mental incompetence from any cause.
  27-16        SECTION 2.07.  Subsection (a), Section 23, Psychologists'
  27-17  Certification and Licensing Act (Article 4512c, Vernon's Texas
  27-18  Civil Statutes), is amended to read as follows:
  27-19        (a)  The Texas State Board of Examiners of Psychologists
  27-20  shall have the right to cancel, revoke, suspend, or refuse to renew
  27-21  the license or certification of any psychologist or the certificate
  27-22  of any psychological associate or reprimand any psychologist upon
  27-23  proof that the psychologist:
  27-24              (1)  has been convicted of a felony or of a violation
  27-25  of the law involving moral turpitude by any court; the conviction
  27-26  of a felony shall be the conviction of any offense which if
  27-27  committed within this state would constitute a felony under the
   28-1  laws of this state; <or>
   28-2              (2)  uses drugs or intoxicating liquors to an extent
   28-3  that affects his professional competency; <or>
   28-4              (3)  has been guilty of fraud or deceit in connection
   28-5  with his services rendered as a psychologist; <or>
   28-6              (4)  except as provided by Section 15B of this Act, has
   28-7  aided or abetted a person, not a licensed psychologist, in
   28-8  representing that person as a psychologist within this state; <or>
   28-9              (5)  except as provided by Section 15B of this Act, has
  28-10  represented himself or herself to be a psychologist licensed in
  28-11  this state at a time he or she was not licensed to practice
  28-12  psychology in this state, or practiced psychology in this state
  28-13  without a license to practice psychology in this state; <or>
  28-14              (6)  has been guilty of unprofessional conduct as
  28-15  defined by the rules established by the Board; <or>
  28-16              (7)  for any cause for which the Board shall be
  28-17  authorized to take that action by another section of this Act; or
  28-18              (8)  has committed an act in violation of Section
  28-19  21.14, Penal Code, or for which liability exists under Chapter 81,
  28-20  Civil Practice and Remedies Code.
  28-21        SECTION 2.08.  Chapter 81, Civil Practice and Remedies Code,
  28-22  as added by this article, applies only to a cause of action
  28-23  accruing on or after the effective date of this article.  A cause
  28-24  of action accruing before that date is governed by the law in
  28-25  effect at the time the cause of action accrued, and that law is
  28-26  continued in effect for that purpose.
  28-27                               ARTICLE 3
   29-1        SECTION 3.01.  (a)  Chapter 571, Health and Safety Code, is
   29-2  amended by adding Section 571.0065 to read as follows:
   29-3        Sec. 571.0065.  TREATMENT METHODS ADVISORY COMMITTEE.
   29-4  (a)  The board shall appoint an advisory committee on treatment
   29-5  standards that is composed of at least the following persons:
   29-6              (1)  one licensed psychiatrist;
   29-7              (2)  one licensed psychologist;
   29-8              (3)  one certified social worker;
   29-9              (4)  one licensed professional counselor;
  29-10              (5)  one licensed chemical dependency counselor;
  29-11              (6)  two persons who have received mental health
  29-12  services, either voluntarily or involuntarily; and
  29-13              (7)  one member from each of two private associations
  29-14  of persons who advocate on the behalf of or in the interest of
  29-15  persons with mental illness.
  29-16        (b)  The board may appoint additional members as it considers
  29-17  appropriate.
  29-18        (c)  The committee shall:
  29-19              (1)  review treatment methods used in mental health
  29-20  facilities;
  29-21              (2)  recommend to the board the treatment methods that
  29-22  should not be allowed, such as "rage therapy," "trust development
  29-23  therapy," "rough signing," and any other treatment method that the
  29-24  committee determines is physically or emotionally abusive and not
  29-25  clearly defined in established, professionally accepted clinical
  29-26  standards; and
  29-27              (3)  consider reports from state agencies on possible
   30-1  abusive treatment methods and on complaints relating to treatment
   30-2  methods.
   30-3        (d)  The committee shall meet at least once every six months.
   30-4        (e)  The board shall either adopt by rule or reject a
   30-5  committee recommendation not later than the 120th day after the
   30-6  date on which the recommendation is made.  A standard established
   30-7  by rule under this section that applies to a private mental
   30-8  hospital may not be less restrictive than a standard that applies
   30-9  to a state mental hospital.
  30-10        (f)  A state agency that has knowledge of or receives a
  30-11  complaint relating to an abusive treatment method shall report that
  30-12  knowledge or forward a copy of the complaint to the committee.
  30-13        (g)  A mental health facility, physician, or other mental
  30-14  health professional is not liable for an injury or other damages
  30-15  sustained by a person as a result of the failure of the facility,
  30-16  physician, or professional to administer or perform a treatment
  30-17  prohibited by statute or rules adopted by the board under this
  30-18  section or that the board specifically refuses by rule to prohibit
  30-19  or authorize.
  30-20        (b)  Not later than February 1, 1994, the Texas Board of
  30-21  Mental Health and Mental Retardation shall appoint the advisory
  30-22  committee on treatment standards as prescribed by Section 571.0065,
  30-23  Health and Safety Code, as added by this section.  The committee
  30-24  shall make its initial recommendations to the board not later than
  30-25  October 31, 1994.
  30-26        SECTION 3.02.  Chapter 241, Health and Safety Code, is
  30-27  amended by adding Section 241.0265 to read as follows:
   31-1        Sec. 241.0265.  STANDARDS FOR CARE FOR MENTAL HEALTH AND
   31-2  CHEMICAL DEPENDENCY.  (a)  The care and treatment of a patient
   31-3  receiving mental health services in a facility licensed by the
   31-4  department under this chapter or Chapter 577 are governed by the
   31-5  standards adopted by the Texas Department of Mental Health and
   31-6  Mental Retardation to the same extent as if the standards adopted
   31-7  by that department were rules adopted by the board under this
   31-8  chapter or Chapter 577.
   31-9        (b)  The care and treatment of a patient receiving chemical
  31-10  dependency treatment in a facility licensed by the department under
  31-11  this chapter are governed by the same standards that govern the
  31-12  care and treatment of a patient receiving treatment in a treatment
  31-13  facility licensed under Chapter 464 and that are adopted by the
  31-14  Texas Commission on Alcohol and Drug Abuse, to the same extent as
  31-15  if the standards adopted by the commission were rules adopted by
  31-16  the board under this chapter.
  31-17        (c)  The department shall enforce the standards provided by
  31-18  Subsections (a) and (b).  A violation of a standard is subject to
  31-19  the same consequence as a violation of a rule adopted by the board
  31-20  under this chapter or Chapter 577.  The department is not required
  31-21  to enforce a standard if the enforcement violates a federal law,
  31-22  rule, or regulation.
  31-23        SECTION 3.03.  (a)  Section 462.022, Health and Safety Code,
  31-24  is amended by amending Subsection (a) and adding Subsection (c) to
  31-25  read as follows:
  31-26        (a)  A facility may admit a minor for treatment and
  31-27  rehabilitation if:
   32-1              (1)  the facility is:
   32-2                    (A)  a treatment facility licensed by the
   32-3  commission to provide the necessary services to minors; or
   32-4                    (B)  a facility licensed or operated by the Texas
   32-5  Department of Mental Health and Mental Retardation;
   32-6              (2)  the admission is appropriate under the facility's
   32-7  admission policies; and
   32-8              (3)  the admission is requested by:
   32-9                    (A)  a parent, managing conservator, or guardian
  32-10  if the minor is younger than 16 years of age <or other person
  32-11  authorized to consent to medical treatment of a minor under Section
  32-12  35.01, Family Code>; or
  32-13                    (B)  the minor, without parental consent, if the
  32-14  minor is 16 years of age or older <under Section 35.03, Family
  32-15  Code>.
  32-16        (c)  A person or agency appointed as the guardian or a
  32-17  managing conservator of a minor younger than 16 years of age and
  32-18  acting as an employee or agent of the state or a political
  32-19  subdivision of the state may request admission of the minor only
  32-20  with the minor's consent.
  32-21        (b)  The changes in law made by this section apply only to
  32-22  consent for a minor's admission to a treatment facility or mental
  32-23  health facility given on or after the effective date of this
  32-24  section.  Valid consent for a minor's admission given before the
  32-25  effective date of this section remains valid and continues in
  32-26  effect until withdrawn by the person who consented or by the minor,
  32-27  if the minor is 16 years of age or older.
   33-1                               ARTICLE 4
   33-2        SECTION 4.01.  Subdivision (9), Section 571.003, Health and
   33-3  Safety Code, is amended to read as follows:
   33-4              (9)  "Inpatient mental health facility" means a mental
   33-5  health facility that can provide 24-hour residential and
   33-6  psychiatric services and that is:
   33-7                    (A)  a facility operated by the department;
   33-8                    (B)  a private mental hospital licensed by the
   33-9  Texas Department of Health <department>;
  33-10                    (C)  a community center;
  33-11                    (D)  a facility operated by a community center or
  33-12  other entity the department designates to provide mental health
  33-13  services;
  33-14                    (E)  an identifiable part of a general hospital
  33-15  in which diagnosis, treatment, and care for persons with mental
  33-16  illness is provided and that is licensed by the <department or the>
  33-17  Texas Department of Health; or
  33-18                    (F)  a hospital operated by a federal agency.
  33-19        SECTION 4.02.  Section 577.001, Health and Safety Code, is
  33-20  amended to read as follows:
  33-21        Sec. 577.001.  License Required.  (a)  A person or political
  33-22  subdivision may not operate a mental hospital without a license
  33-23  issued by the department under this chapter <or by the Texas
  33-24  Department of Health>.
  33-25        (b)  A community center or other entity designated by the
  33-26  Texas Department of Mental Health and Mental Retardation
  33-27  <department> to provide mental health services may not operate a
   34-1  mental health facility that provides court-ordered mental health
   34-2  services without a license issued by the department under this
   34-3  chapter <or by the Texas Department of Health>.
   34-4        SECTION 4.03.  Chapter 577, Health and Safety Code, is
   34-5  amended by adding Section 577.0011 to read as follows:
   34-6        Sec. 577.0011.  DEFINITIONS.  In this chapter:
   34-7              (1)  "Board" means the Texas Board of Health.
   34-8              (2)  "Department" means the Texas Department of Health.
   34-9        SECTION 4.04.  Sections 577.002, 577.003, and 577.009, Health
  34-10  and Safety Code, are amended to read as follows:
  34-11        Sec. 577.002.  Exemptions from Licensing Requirement.  A
  34-12  mental health facility operated by the Texas Department of Mental
  34-13  Health and Mental Retardation <department> or a federal agency need
  34-14  not be licensed under this chapter.
  34-15        Sec. 577.003.  Additional License not Required.  A mental
  34-16  hospital licensed under this chapter that the Texas Department of
  34-17  Mental Health and Mental Retardation <department> designates to
  34-18  provide mental health services is not required to obtain an
  34-19  additional license to provide court-ordered mental health services.
  34-20        Sec. 577.009.  Limitation on Certain Contracts.  A community
  34-21  center or other entity the Texas Department of Mental Health and
  34-22  Mental Retardation <department> designates to provide mental health
  34-23  services may not contract with a mental health facility to provide
  34-24  court-ordered mental health services unless the facility is
  34-25  licensed by the department <or the Texas Department of Health>.
  34-26        SECTION 4.05.  Subsection (a), Section 577.010, Health and
  34-27  Safety Code, is amended to read as follows:
   35-1        (a)  The Texas Board of Mental Health and Mental Retardation
   35-2  <board> shall adopt rules and standards the board considers
   35-3  necessary and appropriate to ensure the proper care and treatment
   35-4  of patients in a private mental hospital or mental health facility
   35-5  required to obtain a license under this chapter.
   35-6        SECTION 4.06.  (a)  Not later than September 1, 1993, all
   35-7  functions, powers, duties, funds, and obligations of the Texas
   35-8  Department of Mental Health and Mental Retardation relating to the
   35-9  licensure of mental health facilities, other than the power and
  35-10  duty to prescribe standards for those facilities, all employees who
  35-11  perform those duties, and all relevant records are transferred to
  35-12  the Texas Department of Health.  A rule, form, or policy relating
  35-13  to this function is a rule, form, or policy of the Texas Department
  35-14  of Health on transfer of the functions under this section and
  35-15  remains in effect until altered by the department.
  35-16        (b)  A power or duty assigned to the Texas Department of
  35-17  Mental Health and Mental Retardation by an Act of the 73rd
  35-18  Legislature, Regular Session, relating to licensing a facility
  35-19  under Chapter 577, Health and Safety Code, as amended by this
  35-20  article, including a power or duty to bring an action to enforce
  35-21  state law or to collect a penalty for a violation of state law, is
  35-22  a power or duty of the Texas Department of Health.
  35-23        (c)  Subsection (b) of this section does not apply to a power
  35-24  or duty assigned to the Texas Department of Mental Health and
  35-25  Mental Retardation that relates to prescribing standards for a
  35-26  facility.
  35-27                               ARTICLE 5
   36-1        SECTION 5.01.  This Act takes effect September 1, 1993.
   36-2        SECTION 5.02.  (a)  The changes in law made by this Act apply
   36-3  only to an offense committed or a violation that occurs on or after
   36-4  the effective date of this Act.  For the purposes of this Act, an
   36-5  offense is committed or a violation occurs before the effective
   36-6  date of this Act if any element of the offense or violation occurs
   36-7  before that date.
   36-8        (b)  An offense committed or violation that occurs before the
   36-9  effective date of this Act is covered by the law in effect when the
  36-10  offense was committed or the violation occurred, and the former law
  36-11  is continued in effect for this purpose.
  36-12        SECTION  5.03.  The importance of this legislation and the
  36-13  crowded condition of the calendars in both houses create an
  36-14  emergency and an imperative public necessity that the
  36-15  constitutional rule requiring bills to be read on three several
  36-16  days in each house be suspended, and this rule is hereby suspended.