By Hunter of Taylor                                    H.B. No. 553
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the operation of community mental health and mental
    1-3  retardation centers and of psychiatric centers created through
    1-4  contract by a community mental health center.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 534.001, Health and Safety Code, is
    1-7  amended by amending Subsection (e) and adding Subsections (f) and
    1-8  (g) to read as follows:
    1-9        (e)  A community center operating <established> under this
   1-10  subchapter <Subsection (d)> may operate only for the purposes and
   1-11  perform only the functions defined in the center's plan.  The board
   1-12  by rule shall specify the elements that must be included in a plan
   1-13  and shall prescribe the procedure for submitting, <and> approving,
   1-14  and modifying a center's plan.
   1-15        (f)  Each function performed by a community center under this
   1-16  title is governmental.
   1-17        (g)  An entity is, for the purpose of operating a psychiatric
   1-18  center, a governmental unit and a unit of local government under
   1-19  Chapter 101, Civil Practice and Remedies Code, and a local
   1-20  government under Chapter 102, Civil Practice and Remedies Code, if
   1-21  the entity:
   1-22              (1)  is not operated to make a profit;
   1-23              (2)  is created through an intergovernmental agreement
   1-24  between a community mental health center and any other governmental
    2-1  unit; and
    2-2              (3)  contracts with the community mental health center
    2-3  and any other governmental unit that created it to operate a
    2-4  psychiatric center.
    2-5        SECTION 2.  Section 15.03(3), Business & Commerce Code, is
    2-6  amended to read as follows:
    2-7              (3)  The term "person" means a natural person,
    2-8  proprietorship, partnership, corporation, municipal corporation,
    2-9  association, or any other public or private group, however
   2-10  organized, but does not include the State of Texas, its
   2-11  departments, and its administrative agencies or a community center
   2-12  operating under Subchapter A, Chapter 534, Health and Safety Code.
   2-13        SECTION 3.  (a)  The change in law made by this Act applies
   2-14  only to conduct that occurs on or after the effective date of this
   2-15  Act.
   2-16        (b)  Conduct that occurs before the effective date of this
   2-17  Act is covered by the law in effect at the time the conduct
   2-18  occurred, and the former law is continued in effect for that
   2-19  purpose.
   2-20        SECTION 4.  This Act takes effect September 1, 1995.
   2-21        SECTION 5.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended.