By Delisi, Berlanga H.B. No. 2377
74R2341 JJT-D
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 or under
1-15 contract with the Texas Department of Mental Health and Mental
1-16 Retardation and community services provided by the department and
1-17 other entities through 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 the planning, policy development,
2-18 coordination, resource allocation, and resource development for and
2-19 oversight of mental health <a local service provider selected by
2-20 the department to plan, facilitate, coordinate, or provide>
2-21 services to persons with mental illness in one or more <a> local
2-22 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 the planning, policy
2-26 development, coordination, resource allocation, and resource
2-27 development for and oversight of mental health <a local service
3-1 provider selected by the department to plan, facilitate,
3-2 coordinate, or provide> services to persons with mental retardation
3-3 in one or more <a> local service areas <area>.
3-4 SECTION 3. Sections 532.003(b) and (c), Health and Safety
3-5 Code, are amended to read as follows:
3-6 (b) The members must be representatives of the public who
3-7 have demonstrated interest in mental health, mental retardation,
3-8 developmental disabilities, or the health and human services
3-9 system.
3-10 (c) Appointments to the board shall be made without regard
3-11 to the race, color, handicap, sex, religion, age, or national
3-12 origin of the appointees, except at least one board member must be
3-13 or have been a primary consumer of mental health or mental
3-14 retardation services.
3-15 SECTION 4. Section 532.011(g), Health and Safety Code, is
3-16 amended to read as follows:
3-17 (g) The commissioner is responsible for implementation of
3-18 the board's planning, policy, resource development and allocation,
3-19 and oversight related to <the state> mental health <authority> and
3-20 <the state> mental retardation services <authority>.
3-21 SECTION 5. Section 532.012(a), Health and Safety Code, is
3-22 amended to read as follows:
3-23 (a) The commissioner shall appoint a medical director<,
3-24 subject to board approval>.
3-25 SECTION 6. Section 532.013(a), Health and Safety Code, is
3-26 amended to read as follows:
3-27 (a) The commissioner shall appoint a deputy commissioner for
4-1 mental health services and a deputy commissioner for mental
4-2 retardation services<, subject to board approval>.
4-3 SECTION 7. Section 532.014(a), Health and Safety Code, is
4-4 amended to read as follows:
4-5 (a) The <With the board's approval, the> commissioner shall
4-6 appoint the head of each facility the department administers.
4-7 SECTION 8. Sections 533.014(a) and (d), Health and Safety
4-8 Code, are amended to read as follows:
4-9 (a) The board shall adopt rules that:
4-10 (1) relate to the designation of <local mental health
4-11 authorities as> single portal authorities;
4-12 (2) govern commitments to a single portal authority;
4-13 (3) govern transfers of patients that involve a single
4-14 portal authority; and
4-15 (4) provide for emergency admission to a department
4-16 mental health facility if obtaining approval from the authority
4-17 could result in a delay that might endanger the patient or others.
4-18 (d) If the board designates a <local mental health authority
4-19 as a> single portal authority, the department shall notify each
4-20 judge who has probate jurisdiction in the service area and any
4-21 other person the single portal authority considers necessary of the
4-22 designation and the new procedures required in the area.
4-23 SECTION 9. Section 533.035(a), Health and Safety Code, is
4-24 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 each local
4-27 service area. The board may delegate to the local authorities the
5-1 board's authority and responsibility for the planning, policy
5-2 development, coordination, resource allocation, and resource
5-3 development for and oversight of <to plan, facilitate, coordinate,
5-4 and provide> mental health and mental retardation services in that
5-5 service area. The commissioner may designate a single entity as
5-6 the mental health authority and the mental retardation authority
5-7 for a service area.
5-8 SECTION 10. Subchapter B, Chapter 533, Health and Safety
5-9 Code, is amended by adding Section 533.0355 to read as follows:
5-10 Sec. 533.0355. AUTHORITY STRUCTURE PILOT PROJECT. (a)
5-11 Notwithstanding other law, the board may implement a pilot project
5-12 to study an authority structure for service delivery at the local
5-13 or regional level through a pilot local mental health or mental
5-14 retardation authority. The project shall provide an
5-15 organizational separation between the pilot local mental health or
5-16 mental retardation authority and service providers. The board may
5-17 delegate to a pilot local mental health or mental retardation
5-18 authority the responsibility for the distribution, allocation, and
5-19 coordination of mental health or mental retardation service
5-20 resources in one or more service areas, including the
5-21 responsibility to make policy determinations, develop resources,
5-22 enter service contracts, and plan to meet future needs for services
5-23 in each service area.
5-24 (b) The board may establish one or more pilot local mental
5-25 health and mental retardation authorities under this section.
5-26 (c) If the board establishes a pilot program, the department
5-27 shall:
6-1 (1) evaluate the pilot project at least annually to
6-2 determine the feasibility of employing the authority structure in
6-3 other areas of the state or statewide;
6-4 (2) prepare a report on the success of the pilot
6-5 project that includes a list of statutory restrictions that would
6-6 impair the permanent implementation of the authority structure in
6-7 other areas of the state and suggested legislative changes; and
6-8 (3) submit the report to the 75th and 76th
6-9 legislatures on January 15, 1997, and January 15, 1999,
6-10 respectively.
6-11 (d) This section expires September 1, 1999.
6-12 SECTION 11. Section 533.063, Health and Safety Code, is
6-13 amended to read as follows:
6-14 Sec. 533.063. Review of ICF-MR Rules. (a) The department,
6-15 the Health and Human Services Commission, the Texas Department of
6-16 Health, and the Texas Department of Human Services shall meet as
6-17 necessary to discuss proposed changes in the rules or the
6-18 interpretation of the rules that govern the ICF-MR program.
6-19 (b) The agencies <departments> shall jointly adopt a written
6-20 policy interpretation letter that describes the proposed change and
6-21 shall make a copy of the letter available to providers.
6-22 SECTION 12. Section 533.065(d), Health and Safety Code, is
6-23 amended to read as follows:
6-24 (d) The department shall notify the Texas Department of
6-25 Human Services <Health> of each application for a license or for
6-26 compliance with licensing standards the department approves.
6-27 SECTION 13. Section 533.066(a), Health and Safety Code, is
7-1 amended to read as follows:
7-2 (a) At least annually, the department<, Texas Department of
7-3 Health,> and the Texas Department of Human Services shall jointly
7-4 sponsor a conference on the ICF-MR program to:
7-5 (1) assist providers in understanding survey rules;
7-6 (2) review and discuss deficiencies commonly found in
7-7 ICF-MR facilities; and
7-8 (3) inform providers of any recent changes in the
7-9 rules or in the interpretation of the rules relating to the ICF-MR
7-10 program.
7-11 SECTION 14. Subchapter D, Chapter 533, Health and Safety
7-12 Code, is amended by adding Section 533.087 to read as follows:
7-13 Sec. 533.087. LEASE OF REAL PROPERTY. (a) The department
7-14 may lease real property, including any improvements under the
7-15 department's management and control, regardless of whether the
7-16 property is surplus property. Except as provided by Subsection
7-17 (c), the department may award a lease of real property only:
7-18 (1) at the prevailing market rate; and
7-19 (2) by competitive bid.
7-20 (b) The department shall advertise a proposal for lease at
7-21 least once a week for four consecutive weeks in:
7-22 (1) a newspaper published in the municipality in which
7-23 the property is located or the daily newspaper published nearest to
7-24 the property's location; and
7-25 (2) a newspaper of statewide circulation.
7-26 (c) The department may lease real property or an improvement
7-27 for less than the prevailing market rate, without advertisement or
8-1 without competitive bidding, if:
8-2 (1) the board determines that sufficient public
8-3 benefit will be derived from the lease; and
8-4 (2) the property is leased to:
8-5 (A) a federal or state agency;
8-6 (B) a unit of local government;
8-7 (C) a not-for-profit organization; or
8-8 (D) an entity related to the department by a
8-9 service contract.
8-10 (d) The board shall adopt leasing rules, forms, and
8-11 contracts that will protect the state's interests.
8-12 (e) The board may reject any bid.
8-13 (f) This section does not authorize the department to close
8-14 or consolidate a facility used to provide mental health or mental
8-15 retardation services without legislative approval.
8-16 SECTION 15. Sections 534.054(a) and (d), Health and Safety
8-17 Code, are amended to read as follows:
8-18 (a) The department shall identify and contract with a local
8-19 mental health or mental retardation authority for each service area
8-20 to ensure that <provide> services are provided to patient and
8-21 client populations determined by the department. A local mental
8-22 health or mental retardation authority shall ensure that <provide,
8-23 directly or by subcontract,> services to address the needs of
8-24 priority populations are provided as required by the department and
8-25 shall comply with the rules and standards adopted under Section
8-26 534.052.
8-27 (d) The department shall ensure that <provide> the required
9-1 services are provided in a service area directly through a
9-2 department facility outreach program or contract with another
9-3 agency, provider, or organization as the local mental health or
9-4 mental retardation authority if the department cannot identify and
9-5 contract with a community center in that service area.
9-6 SECTION 16. Sections 534.055(d) and (e), Health and Safety
9-7 Code, are amended to read as follows:
9-8 (d) The department shall design a competitive procurement or
9-9 similar system that a mental health or mental retardation authority
9-10 shall use in awarding an initial contract under this section. A
9-11 <To facilitate continuity of services and to prevent disruption of
9-12 services, a> mental health or mental retardation authority may
9-13 <not> require competitive bidding on the renewal of a contract. A
9-14 mental health or mental retardation authority to the extent
9-15 practicable shall facilitate continuity of services and prevent
9-16 disruption of services when renewing a contract or when requiring
9-17 competitive bids on a contract.
9-18 (e) The system must require that each mental health or
9-19 mental retardation authority:
9-20 (1) ensure public participation in the authority's
9-21 decisions regarding whether to provide or to contract for a
9-22 service;
9-23 (2) make a reasonable effort to give notice of the
9-24 intent to contract for services to each potential private provider
9-25 in the local service area of the authority; and
9-26 (3) <(2)> review each submitted proposal and award the
9-27 contract to the applicant that the authority determines has made
10-1 the lowest and best bid to provide the needed services.
10-2 SECTION 17. Sections 551.022(c) and (d), Health and Safety
10-3 Code, are amended to read as follows:
10-4 (c) The superintendent shall:
10-5 (1) oversee the admission and discharge of <admit and
10-6 discharge> patients and clients;
10-7 (2) keep a register of all patients and clients
10-8 admitted to or discharged from the facility;
10-9 (3) supervise repairs and improvements to the
10-10 facility;
10-11 (4) ensure that facility money <entrusted to the
10-12 superintendent> is spent judiciously and economically;
10-13 (5) keep an accurate and detailed account of all money
10-14 received and spent, stating the source of the money and to whom and
10-15 the purpose for which the money is spent; and
10-16 (6) keep a full record of the facility's operations.
10-17 (d) In accordance with board rules and departmental
10-18 operating procedures, the <The> superintendent may:
10-19 (1) establish policy <rules> to govern the facility
10-20 that the superintendent considers will best promote the patients'
10-21 and clients' interest and welfare;
10-22 (2) appoint subordinate officers, teachers,
10-23 <attendants,> and other employees and set their salaries, in the
10-24 absence of other law; and
10-25 (3) remove an officer, teacher, or employee for good
10-26 cause <and with the board's consent>.
10-27 SECTION 18. Sections 533.064 and 551.023, Health and Safety
11-1 Code, are repealed.
11-2 SECTION 19. (a) The changes in law made by this Act apply
11-3 only to an action taken by the Texas Board of Mental Health and
11-4 Mental Retardation, the Texas Department of Mental Health and
11-5 Mental Retardation, or the commissioner of mental health and mental
11-6 retardation or to an appointment made by the governor on or after
11-7 September 1, 1995.
11-8 (b) An action taken or appointment made before September 1,
11-9 1995, is governed by the law in effect when the action was taken
11-10 or appointment was made, and that law is continued in effect for
11-11 that purpose.
11-12 (c) The change in law made by this Act in the qualifications
11-13 of members of the Texas Board of Mental Health and Mental
11-14 Retardation does not affect the entitlement of a member of that
11-15 board who was appointed before September 1, 1995, to continue to
11-16 hold office for the term to which the member was appointed. The
11-17 change in qualifications applies only to a member appointed on or
11-18 after September 1, 1995.
11-19 SECTION 20. This Act takes effect September 1, 1995.
11-20 SECTION 21. The importance of this legislation and the
11-21 crowded condition of the calendars in both houses create an
11-22 emergency and an imperative public necessity that the
11-23 constitutional rule requiring bills to be read on three several
11-24 days in each house be suspended, and this rule is hereby suspended.