By Delisi, Berlanga H.B. No. 2377
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision and administration of mental health and
1-3 mental retardation services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 531.001, Health and Safety Code, is
1-6 amended by amending Subsections (a), (b), and (e) and adding
1-7 Subsection (h) to read as follows:
1-8 (a) It is the purpose of this subtitle to provide for the
1-9 effective administration and coordination of mental health and
1-10 mental retardation services at the state and local levels.
1-11 (b) Recognizing that a variety of alternatives for serving
1-12 the mentally disabled exists, it is the purpose of this subtitle to
1-13 ensure that <provide for> a continuum of services is provided. The
1-14 continuum of services includes facilities operated by the Texas
1-15 Department of Mental Health and Mental Retardation and community
1-16 services provided by the department and other entities through
1-17 contracts with the department.
1-18 (e) It is the public policy of this state that mental health
1-19 and mental retardation services be the responsibility of local
1-20 agencies and organizations to the greatest extent possible. The
1-21 department shall assist the local agencies and organizations by
1-22 coordinating the implementation of a statewide system of services.
1-23 The department shall ensure that <provide state-administered>
1-24 mental health and mental retardation services are provided. The
2-1 department shall <and> provide technical assistance for and
2-2 regulation of the programs that receive funding through contracts
2-3 with the department.
2-4 (h) It is the policy of this state that the board serves as
2-5 the state's mental health and mental retardation authority and is
2-6 responsible for the planning, policy development, and resource
2-7 development and allocation for and oversight of mental health and
2-8 mental retardation services in this state. It is the policy of
2-9 this state that, when appropriate and feasible, the board may
2-10 delegate the board's authority to a single entity in each region of
2-11 the state that may function as the local mental health or mental
2-12 retardation authority for one or more service areas in the region.
2-13 SECTION 2. Sections 531.002(8) and (9), Health and Safety
2-14 Code, are amended to read as follows:
2-15 (8) "Local mental health authority" means an entity to
2-16 which the board delegates its authority and responsibility within a
2-17 specified region for planning, policy development, coordination,
2-18 and resource development and allocation and for supervising and
2-19 ensuring the provision of mental health <a local service provider
2-20 selected by the department to plan, facilitate, coordinate, or
2-21 provide> services to persons with mental illness in one or more <a>
2-22 local service areas <area>.
2-23 (9) "Local mental retardation authority" means an
2-24 entity to which the board delegates its authority and
2-25 responsibility within a specified region for planning, policy
2-26 development, coordination, and resource development and allocation
2-27 and for supervising and ensuring the provision of mental
3-1 retardation <a local service provider selected by the department to
3-2 plan, facilitate, coordinate, or provide> services to persons with
3-3 mental retardation in one or more <a> local service areas <area>.
3-4 SECTION 3. Section 532.001(a), Health and Safety Code, is
3-5 amended to read as follows:
3-6 (a) The Texas Department of Mental Health and Mental
3-7 Retardation is composed of:
3-8 (1) the Texas Board of Mental Health and Mental
3-9 Retardation;
3-10 (2) the commissioner of mental health and mental
3-11 retardation; and
3-12 (3) <the medical director;>
3-13 <(4) the deputy commissioner for mental health
3-14 services;>
3-15 <(5) the deputy commissioner for mental retardation
3-16 services; and>
3-17 <(6)> a staff under the direction of the
3-18 commissioner<, medical director, and deputy commissioners>.
3-19 SECTION 4. Sections 532.003(b) and (c), Health and Safety
3-20 Code, are amended to read as follows:
3-21 (b) The members must be representatives of the public who
3-22 have demonstrated interest in mental health, mental retardation,
3-23 developmental disabilities, or the health and human services
3-24 system.
3-25 (c) Appointments to the board shall be made without regard
3-26 to the race, color, handicap, sex, religion, age, or national
3-27 origin of the appointees, except at least one board member must be
4-1 or have been a primary consumer of mental health or mental
4-2 retardation services.
4-3 SECTION 5. Sections 532.011(e) and (g), Health and Safety
4-4 Code, are amended to read as follows:
4-5 (e) The commissioner shall:
4-6 (1) establish qualifications for <assistant deputy
4-7 commissioners and important> department personnel that balance
4-8 clinical and programmatic knowledge and management experience; and
4-9 (2) standardize qualifications for personnel positions
4-10 throughout the department.
4-11 (g) The commissioner is responsible for implementation of
4-12 the board's planning, policy, resource development and allocation,
4-13 and oversight related to <the state> mental health <authority> and
4-14 <the state> mental retardation services <authority>.
4-15 SECTION 6. Section 532.012(a), Health and Safety Code, is
4-16 amended to read as follows:
4-17 (a) The commissioner shall appoint a medical director<,
4-18 subject to board approval>.
4-19 SECTION 7. Section 532.014(a), Health and Safety Code, is
4-20 amended to read as follows:
4-21 (a) The <With the board's approval, the> commissioner shall
4-22 appoint the head of each facility the department administers.
4-23 SECTION 8. Sections 533.035(a)-(c), Health and Safety Code,
4-24 are amended to read as follows:
4-25 (a) The commissioner shall designate a local mental health
4-26 authority and a local mental retardation authority in one or more
4-27 <each> local service areas. The board may delegate to the local
5-1 authorities the board's authority and responsibility for the
5-2 planning, policy development, coordination, resource allocation,
5-3 and resource development for and oversight of <area to plan,
5-4 facilitate, coordinate, and provide> mental health and mental
5-5 retardation services in that service area. The commissioner may
5-6 designate a single entity as the mental health authority and the
5-7 mental retardation authority for a service area.
5-8 (b) The department by contract or other method of allocation
5-9 may disburse to a local mental health and mental retardation
5-10 authority department federal <mental health funds> and department
5-11 state funds to be spent in the local service area for:
5-12 (1) community mental health and mental retardation
5-13 services; and
5-14 (2) chemical dependency services for persons who are
5-15 dually diagnosed as having both chemical dependency and mental
5-16 illness or mental retardation.
5-17 (c) A local mental health and mental retardation authority,
5-18 with the department's approval, shall use the funds received under
5-19 Subsection (b) to ensure <provide> mental health, mental
5-20 retardation, and chemical dependency services are provided in the
5-21 local service area. The local authority shall consider public
5-22 input, ultimate cost-benefit, and client care issues to ensure
5-23 consumer choice and the best use of public money in:
5-24 (1) assembling a network of service providers; and
5-25 (2) determining whether to become a provider of a
5-26 service or to contract that service to another organization <or to
5-27 subcontract for those services>.
6-1 SECTION 9. Subchapter B, Chapter 533, Health and Safety
6-2 Code, is amended by adding Section 533.0355 to read as follows:
6-3 Sec. 533.0355. AUTHORITY STRUCTURE PILOT PROJECT. (a)
6-4 Notwithstanding other law, the board may implement a pilot project
6-5 to study an authority structure for service delivery at the local
6-6 or regional level through a pilot local mental health or mental
6-7 retardation authority. The project shall provide an
6-8 organizational separation between the pilot local mental health or
6-9 mental retardation authority and service providers. The board may
6-10 delegate to a pilot local mental health or mental retardation
6-11 authority the responsibility for the distribution, allocation, and
6-12 coordination of mental health or mental retardation service
6-13 resources in one or more service areas, including the
6-14 responsibility to make policy determinations, develop resources,
6-15 enter service contracts, and plan to meet future needs for services
6-16 in each service area.
6-17 (b) The board may establish one or more pilot local mental
6-18 health and mental retardation authorities under this section.
6-19 (c) If the board establishes a pilot program, the department
6-20 shall:
6-21 (1) evaluate the pilot project at least annually to
6-22 determine the feasibility of employing the authority structure in
6-23 other areas of the state or statewide;
6-24 (2) prepare a report on the success of the pilot
6-25 project that includes a list of statutory restrictions that would
6-26 impair the permanent implementation of the authority structure in
6-27 other areas of the state and suggested legislative changes; and
7-1 (3) submit the report to the 75th and 76th
7-2 legislatures on January 15, 1997, and January 15, 1999,
7-3 respectively.
7-4 (d) This section expires September 1, 1999.
7-5 SECTION 10. Subchapter D, Chapter 533, Health and Safety
7-6 Code, is amended by adding Section 533.087 to read as follows:
7-7 Sec. 533.087. LEASE OF REAL PROPERTY. (a) The department
7-8 may lease real property, including any improvements under the
7-9 department's management and control, regardless of whether the
7-10 property is surplus property. Except as provided by Subsection
7-11 (c), the department may award a lease of real property only:
7-12 (1) at the prevailing market rate; and
7-13 (2) by competitive bid.
7-14 (b) The department shall advertise a proposal for lease at
7-15 least once a week for four consecutive weeks in:
7-16 (1) a newspaper published in the municipality in which
7-17 the property is located or the daily newspaper published nearest to
7-18 the property's location; and
7-19 (2) a newspaper of statewide circulation.
7-20 (c) The department may lease real property or an improvement
7-21 for less than the prevailing market rate, without advertisement or
7-22 without competitive bidding, if:
7-23 (1) the board determines that sufficient public
7-24 benefit will be derived from the lease; and
7-25 (2) the property is leased to:
7-26 (A) a federal or state agency;
7-27 (B) a unit of local government;
8-1 (C) a not-for-profit organization; or
8-2 (D) an entity related to the department by a
8-3 service contract.
8-4 (d) The board shall adopt leasing rules, forms, and
8-5 contracts that will protect the state's interests.
8-6 (e) The board may reject any bid.
8-7 (f) This section does not authorize the department to close
8-8 or consolidate a facility used to provide mental health or mental
8-9 retardation services without legislative approval.
8-10 SECTION 11. Section 534.022, Health and Safety Code, is
8-11 amended by adding Subsection (e) to read as follows:
8-12 (e) A county or municipality acting alone or two or more
8-13 counties or municipalities acting jointly pursuant to interlocal
8-14 contract may create a public facility corporation to act on behalf
8-15 of one or more community centers pursuant to the Public Facility
8-16 Corporation Act (Article 717s, Revised Statutes). Such counties or
8-17 municipalities may exercise the powers of a sponsor under that Act,
8-18 and any such corporation may exercise the powers of a corporation
8-19 under that Act (including but not limited to the power to issue
8-20 bonds). The corporation may exercise its powers on behalf of
8-21 community centers in such manner as may be prescribed by the
8-22 articles and bylaws of the corporation, provided that in no event
8-23 shall one community center ever be liable to pay the debts or
8-24 obligation or be liable for the acts, actions, or undertakings of
8-25 another community center.
8-26 SECTION 12. Sections 534.054(a) and (d), Health and Safety
8-27 Code, are amended to read as follows:
9-1 (a) The department shall identify and contract with a local
9-2 mental health or mental retardation authority for each service area
9-3 to ensure that <provide> services are provided to patient and
9-4 client populations determined by the department. A local mental
9-5 health or mental retardation authority shall ensure that <provide,
9-6 directly or by subcontract,> services to address the needs of
9-7 priority populations are provided as required by the department and
9-8 shall comply with the rules and standards adopted under Section
9-9 534.052.
9-10 (d) The department shall ensure that <provide> the required
9-11 services are provided in a service area directly through the
9-12 community services division of a department facility <outreach
9-13 program> or contract with another agency, entity <provider>, or
9-14 organization as the local mental health or mental retardation
9-15 authority if the department cannot identify and contract with a
9-16 community center in that service area.
9-17 SECTION 13. Sections 534.055(d) and (e), Health and Safety
9-18 Code, are amended to read as follows:
9-19 (d) The department shall design a competitive procurement or
9-20 similar system that a mental health or mental retardation authority
9-21 shall use in awarding an initial contract under this section. <To
9-22 facilitate continuity of services and to prevent disruption of
9-23 services, a mental health or mental retardation authority may not
9-24 require competitive bidding on the renewal of a contract.>
9-25 (e) The system must require that each mental health or
9-26 mental retardation authority:
9-27 (1) ensure public participation in the authority's
10-1 decisions regarding whether to provide or to contract for a
10-2 service;
10-3 (2) make a reasonable effort to give notice of the
10-4 intent to contract for services to each potential private provider
10-5 in the local service area of the authority; and
10-6 (3) <(2)> review each submitted proposal and award the
10-7 contract to the applicant that the authority determines has made
10-8 the lowest and best bid to provide the needed services.
10-9 SECTION 14. Section 534.064, Health and Safety Code, is
10-10 amended to read as follows:
10-11 Sec. 534.064. Contract Renewal. The commissioner may refuse
10-12 to renew a contract with a local mental health or mental
10-13 retardation authority and may select other agencies, entities
10-14 <providers>, or organizations to be the local mental health or
10-15 mental retardation authority if the department's evaluation of the
10-16 authority's performance indicates that the authority cannot ensure
10-17 the availability of the specific services to priority populations
10-18 required by the department and this subtitle.
10-19 SECTION 15. Section 534.065(b), Health and Safety Code, is
10-20 amended to read as follows:
10-21 (b) The mental health or mental retardation authority shall
10-22 renew the contract if the authority finds that:
10-23 (1) funding is available;
10-24 (2) the authority plans to continue the services;
10-25 (3) the provider is in substantial compliance with
10-26 each material provision of the contract, unless the authority
10-27 determines that the provision is not legal and enforceable under
11-1 applicable state and federal law;
11-2 (4) the provider is providing a reasonably adequate
11-3 level of service in accordance with the contract and at a
11-4 reasonable cost;
11-5 (5) the provider agrees to a renewal contract that is
11-6 substantially in compliance with a model contract developed by the
11-7 department under Section 534.055;
11-8 (6) the provider was during the term of any contract
11-9 with the authority and is at the time of renewal in compliance with
11-10 applicable laws governing the subject matter of the contract; and
11-11 (7) neither the provider nor any of its officers,
11-12 directors, or principal employees has been convicted or found by a
11-13 final administrative decision to have been guilty of fraud or abuse
11-14 in the provision of health care services under a contract with a
11-15 state or federal agency.
11-16 SECTION 16. Section 534.066(b), Health and Safety Code, is
11-17 amended to read as follows:
11-18 (b) The department shall establish, for community services
11-19 divisions of department facilities <facility outreach programs>
11-20 that provide community-based services required under this
11-21 subchapter, a local match requirement that is consistent with the
11-22 requirements applied to other local mental health or mental
11-23 retardation authorities.
11-24 SECTION 17. Sections 551.022(c) and (d), Health and Safety
11-25 Code, are amended to read as follows:
11-26 (c) The superintendent shall:
11-27 (1) oversee the admission and discharge of <admit and
12-1 discharge> patients and clients;
12-2 (2) keep a register of all patients and clients
12-3 admitted to or discharged from the facility;
12-4 (3) supervise repairs and improvements to the
12-5 facility;
12-6 (4) ensure that facility money <entrusted to the
12-7 superintendent> is spent judiciously and economically;
12-8 (5) keep an accurate and detailed account of all money
12-9 received and spent, stating the source of the money and to whom and
12-10 the purpose for which the money is spent; and
12-11 (6) keep a full record of the facility's operations.
12-12 (d) In accordance with board rules and departmental
12-13 operating procedures, the <The> superintendent may:
12-14 (1) establish policy <rules> to govern the facility
12-15 that the superintendent considers will best promote the patients'
12-16 and clients' interest and welfare;
12-17 (2) appoint subordinate officers, teachers,
12-18 <attendants,> and other employees and set their salaries, in the
12-19 absence of other law; and
12-20 (3) remove an officer, teacher, or employee for good
12-21 cause <and with the board's consent>.
12-22 SECTION 18. Sections 532.013, 533.064, 534.062, 551.021, and
12-23 551.023, Health and Safety Code, are repealed.
12-24 SECTION 19. (a) The changes in law made by this Act apply
12-25 only to an action taken by the Texas Board of Mental Health and
12-26 Mental Retardation, the Texas Department of Mental Health and
12-27 Mental Retardation, or the commissioner of mental health and mental
13-1 retardation or to an appointment made by the governor on or after
13-2 September 1, 1995.
13-3 (b) An action taken or appointment made before September 1,
13-4 1995, is governed by the law in effect when the action was taken
13-5 or appointment was made, and that law is continued in effect for
13-6 that purpose.
13-7 (c) The change in law made by this Act in the qualifications
13-8 of members of the Texas Board of Mental Health and Mental
13-9 Retardation does not affect the entitlement of a member of that
13-10 board who was appointed before September 1, 1995, to continue to
13-11 hold office for the term to which the member was appointed. The
13-12 change in qualifications applies only to a member appointed on or
13-13 after September 1, 1995.
13-14 SECTION 20. Nothing in this Act authorizes the department to
13-15 privatize the administration of state facilities.
13-16 SECTION 21. This Act takes effect September 1, 1995.
13-17 SECTION 22. The importance of this legislation and the
13-18 crowded condition of the calendars in both houses create an
13-19 emergency and an imperative public necessity that the
13-20 constitutional rule requiring bills to be read on three several
13-21 days in each house be suspended, and this rule is hereby suspended.