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.