BILL ANALYSIS




Public Health Committee
H.B. 1284
By: Solis
03-07-95
Committee Report (Unamended)


BACKGROUND

The Rio Grande State Center (RGSC) in Harlingen served as the Texas
Department of Mental Health and Mental Retardation (TXMHMR)
authority for Cameron County from 1962 to 1982.  During this
period, the mental health services provided to Cameron County
adequately met the needs of the local community. In 1982, Tropical
Texas, an independent contractor providing MHMR services in the
area, pursued and won the contract to become the local MHMR
authority. The recidivism rate for the RGSC in Cameron County is
currently at 60 percent, and the RGSC believes this high rate is
due to the lack of continuity of care between Tropical Texas and
the RGSC. While the RGSC does not serve as the local authority for
the county in which it is located, it is the local authority for
Kenedy, Brooks, Kleberg, Jim Wells, and Duval counties. The TXMHMR
commissioner has the authority, given in Section 533.035 of the
Health and Safety Code, to designate a mental health and mental
retardation authority for a local service area.

PURPOSE

This legislation would designate the RGSC the mental health and
mental retardation authority for Cameron County. Such a designation
would give the RGSC the ability to provide and coordinate mental
health and mental retardation services within the community.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
delegate any additional rulemaking authority to a state officer,
institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Requires the TXMHMR commissioner to designate the RGSC
as the mental health and mental retardation authority for Cameron
County no later than September 1, 1996.

SECTION 2. Subsection (a) directs the TXMHMR to transfer all
duties, functions, and responsibilities from the local authority to
the RGSC as soon as possible, but not in violation of another
contract for services made before the effective date of this bill.

Subsection (b) requires the TXMHMR to develop a transitional plan
to ensure that all contracts made before the effective date are not
impaired by the transfer of duties, functions, and responsibilities
to the RGSC, and that disruption of services is minimized.

SECTION 3. Effective date: June 1, 1995, unless Article III,
Section 39 of the Texas Constitution prohibits this until September
1, 1995.

SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE ACTION

H.B. 1284 was considered in a public hearing on March 7, 1995.
Testifying for the bill were Representative Solis; Dr. Anne S.
Menz, representing self; Rev. Dr. Charles Palmer, representing
Volunteer Services Council; Wayne Potter, representing self; and
Mrs. Leland Martin, representing self. Testifying against the bill
were Spencer McClure, representing self and Texas Council of
Community MHMR Centers Inc.; and Steve Womack, representing
Tropical Texas Center for MHMR. Testifying neutrally on the bill
was Don Gilbert, representing the Texas Department of Mental Health
and Mental Retardation. The bill was reported favorably without
amendment, with the recommendation that it do pass and be printed,
by a record vote of 5 Ayes, 0 Nays, 0 PNV, and 4 Absent.