By:  Moncrief                                          S.B. No. 467
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the operation of community mental health and mental
    1-2  retardation centers.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 534.001, Health and Safety Code, is
    1-5  amended by amending Subsection (e) and adding Subsections (f) and
    1-6  (g) to read as follows:
    1-7        (e)  A community center operating <established> under this
    1-8  subchapter <Subsection (d)> may operate only for the purposes and
    1-9  perform only the functions defined in the center's plan.  The board
   1-10  by rule shall specify the elements that must be included in a plan
   1-11  and shall prescribe the procedure for submitting, <and> approving,
   1-12  and modifying a center's plan.
   1-13        (f)  Each function performed by a community center under this
   1-14  title is governmental.
   1-15        (g)  An officer, employee, or volunteer of a community center
   1-16  is not personally liable for an act or omission incident to or
   1-17  within the course and scope of the duties of the position of the
   1-18  officer, employee, or volunteer, unless a cause of action results
   1-19  from gross negligence or intentional misconduct.
   1-20        SECTION 2.  Subdivision (3), Section 15.03, Business &
   1-21  Commerce Code, is amended to read as follows:
   1-22              (3)  The term "person" means a natural person,
   1-23  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.