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.