By Hunter of Taylor                                    H.B. No. 553
       74R979 DD-D
                                 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.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 534.001, Health and Safety Code, is
    1-6  amended by amending Subsection (e) and adding Subsections (f) and
    1-7  (g) to read as follows:
    1-8        (e)  A community center operating <established> under this
    1-9  subchapter <Subsection (d)> may operate only for the purposes and
   1-10  perform only the functions defined in the center's plan.   The
   1-11  board by rule shall specify the elements that must be included in a
   1-12  plan and shall prescribe the procedure for submitting, <and>
   1-13  approving, and modifying a center's plan.
   1-14        (f)  Each function performed by a community center under this
   1-15  title is governmental.
   1-16        (g)  An officer, employee, or volunteer of a community center
   1-17  is not personally liable for an act incident to or within the scope
   1-18  of the duties of the position of the officer, employee, or
   1-19  volunteer, unless a cause of action results from the wilful and
   1-20  wrongful act or reckless conduct of the person.
   1-21        SECTION 2.  Section 15.03(3), Business & Commerce Code, is
   1-22  amended to read as follows:
   1-23              (3)  The term "person" means a natural person,
   1-24  proprietorship, partnership, corporation, municipal corporation,
    2-1  association, or any other public or private group, however
    2-2  organized, but does not include the State of Texas, its
    2-3  departments, and its administrative agencies, or a community center
    2-4  operating under Subchapter A, Chapter 534, Health and Safety Code.
    2-5        SECTION 3.  (a)  The change in law made by this Act applies
    2-6  only to conduct that occurs on or after the effective date of this
    2-7  Act.
    2-8        (b)  Conduct that occurs before the effective date of this
    2-9  Act is covered by the law in effect at the time the conduct
   2-10  occurred, and the former law is continued in effect for that
   2-11  purpose.
   2-12        SECTION 4.  This Act takes effect September 1, 1995.
   2-13        SECTION 5.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended.