1-1  By:  Hunter of Taylor (Senate Sponsor - Moncrief)      H.B. No. 553
    1-2        (In the Senate - Received from the House March 30, 1995;
    1-3  April 3, 1995, read first time and referred to Committee on Health
    1-4  and Human Services; May 10, 1995, reported favorably by the
    1-5  following vote:  Yeas 8, Nays 0; May 10, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the operation of community mental health and mental
    1-9  retardation centers and of psychiatric centers created through
   1-10  contract by a community mental health center.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Section 534.001, Health and Safety Code, is
   1-13  amended by amending Subsection (e) and adding Subsections (f) and
   1-14  (g) to read as follows:
   1-15        (e)  A community center operating <established> under this
   1-16  subchapter <Subsection (d)> may operate only for the purposes and
   1-17  perform only the functions defined in the center's plan.  The board
   1-18  by rule shall specify the elements that must be included in a plan
   1-19  and shall prescribe the procedure for submitting, <and> approving,
   1-20  and modifying a center's plan.
   1-21        (f)  Each function performed by a community center under this
   1-22  title is governmental.
   1-23        (g)  An entity is, for the purpose of operating a psychiatric
   1-24  center, a governmental unit and a unit of local government under
   1-25  Chapter 101, Civil Practice and Remedies Code, and a local
   1-26  government under Chapter 102, Civil Practice and Remedies Code, if
   1-27  the entity:
   1-28              (1)  is not operated to make a profit;
   1-29              (2)  is created through an intergovernmental agreement
   1-30  between a community mental health center and any other governmental
   1-31  unit; and
   1-32              (3)  contracts with the community mental health center
   1-33  and any other governmental unit that created it to operate a
   1-34  psychiatric center.
   1-35        SECTION 2.  Section 15.03(3), Business & Commerce Code, is
   1-36  amended to read as follows:
   1-37              (3)  The term "person" means a natural person,
   1-38  proprietorship, partnership, corporation, municipal corporation,
   1-39  association, or any other public or private group, however
   1-40  organized, but does not include the State of Texas, its
   1-41  departments, and its administrative agencies or a community center
   1-42  operating under Subchapter A, Chapter 534, Health and Safety Code.
   1-43        SECTION 3.  (a)  The change in law made by this Act applies
   1-44  only to conduct that occurs on or after the effective date of this
   1-45  Act.
   1-46        (b)  Conduct that occurs before the effective date of this
   1-47  Act is covered by the law in effect at the time the conduct
   1-48  occurred, and the former law is continued in effect for that
   1-49  purpose.
   1-50        SECTION 4.  This Act takes effect September 1, 1995.
   1-51        SECTION 5.  The importance of this legislation and the
   1-52  crowded condition of the calendars in both houses create an
   1-53  emergency and an imperative public necessity that the
   1-54  constitutional rule requiring bills to be read on three several
   1-55  days in each house be suspended, and this rule is hereby suspended.
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