H.B. No. 553
    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 a governmental function if the function is required or
   1-17  affirmatively approved by any statute of this state or of the
   1-18  United States or by a regulatory agency of this state or of the
   1-19  United States duly acting under any constitutional or statutory
   1-20  authority vesting the agency with such power.
   1-21        (g)  An entity is, for the purpose of operating a psychiatric
   1-22  center, a governmental unit and a unit of local government under
   1-23  Chapter 101, Civil Practice and Remedies Code, and a local
   1-24  government under Chapter 102, Civil Practice and Remedies Code, if
    2-1  the entity:
    2-2              (1)  is not operated to make a profit;
    2-3              (2)  is created through an intergovernmental agreement
    2-4  between a community mental health center and any other governmental
    2-5  unit; and
    2-6              (3)  contracts with the community mental health center
    2-7  and any other governmental unit that created it to operate a
    2-8  psychiatric center.
    2-9        SECTION 2.  Section 15.03(3), Business & Commerce Code, is
   2-10  amended to read as follows:
   2-11              (3)  The term "person" means a natural person,
   2-12  proprietorship, partnership, corporation, municipal corporation,
   2-13  association, or any other public or private group, however
   2-14  organized, but does not include the State of Texas, its
   2-15  departments, and its administrative agencies or a community center
   2-16  operating under Subchapter A, Chapter 534, Health and Safety Code.
   2-17        SECTION 3.  Nothing in Section 2 of this Act shall exempt or
   2-18  exclude a community center operating under Subchapter A, Chapter
   2-19  534, Health and Safety Code, from being a "person" for purposes of
   2-20  Chapter 15, Business & Commerce Code, except to the extent the
   2-21  community center's actions are required or affirmatively approved
   2-22  by any statute of this state or of the United States or by a
   2-23  regulatory agency of this state or of the United States duly acting
   2-24  under any constitutional or statutory authority vesting the agency
   2-25  with such power.
   2-26        SECTION 4.  (a)  The change in law made by this Act applies
   2-27  only to conduct that occurs on or after the effective date of this
    3-1  Act.
    3-2        (b)  Conduct that occurs before the effective date of this
    3-3  Act is covered by the law in effect at the time the conduct
    3-4  occurred, and the former law is continued in effect for that
    3-5  purpose.
    3-6        SECTION 5.  This Act takes effect September 1, 1995.
    3-7        SECTION 6.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended.