BILL ANALYSIS


Public Health Committee
S.B. 1162
By: Rosson (McDonald)
May 9, 1995
Committee Report (Unamended)


BACKGROUND

The authority of the Texas Department of Health (TDH), the Texas
Department of Mental Health and Mental Retardation (TxMHMR), and
the Texas Department of Human Services (DHS) to make unannounced
visits to the respective facilities over which they have
jurisdiction is implied but has never been clarified in the law. 

PURPOSE

S.B. 1162 would authorize TDH, TxMHMR, and the DHS to make
unannounced inspections of facilities and programs under their
respective jurisdictions.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Adds Section 12.017 to Chapter 12B, Health and Safety
Code, as follows:

     Sec. 12.017.  UNANNOUNCED INSPECTIONS.  Allows TDH to make any
     inspection of a facility or program under its jurisdiction
     without announcing the inspection.
     
     SECTION 2.     Adds Section 533.015 to Chapter 533A, Health and Safety
Code, as follows:

     Sec. 533.015.  UNANNOUNCED INSPECTIONS.  Allows TxMHMR to make
     any inspection of a facility or program under its jurisdiction
     without announcing the inspection.     
SECTION 3. Adds Section 22.025 to Chapter 22, Human Resources Code,
as follows:

     Sec. 22.025.  UNANNOUNCED INSPECTIONS.  Allows DHS to make any
     inspection of a facility or program under its jurisdiction
     without announcing the inspection.
     
     SECTION 4.     Emergency clause.
           Effective date: upon passage.

SUMMARY OF COMMITTEE ACTION

S.B. 1162 was considered by the Public Health Committee in a public
hearing on May 9, 1995. The bill was reported favorably without
amendment, with the recommendation that it do pass and be printed
and be sent to the Committee on Local and Consent Calendars, by a
record vote of 6 AYES, 0 NAYS, 0 PNV, and 3 ABSENT.