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.
1-56 * * * * *