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.