SRC-CDH S.B. 399 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 399
By: Nelson
Health & Human Services
2-21-97
As Filed


DIGEST 

Currently, the superintendent of a Texas Department of Mental Health and
Mental Retardation (MHMR) facility is authorized to remove an officer,
teacher, or employee for good cause only. Therefore, an employee found by
the Texas Department of Protective and Regulatory Services (TDPRS) to have
committed client abuse is entitled to procedural due process which
includes the right to request an administrative hearing with regard to any
employment action taken in response to the TDPRS finding.  The average
length of time that occurs between the date of an act of abuse and the
grievance hearing is 63.5 days.  It is not uncommon that by the time of
the grievance hearing, the victim of and witness to the abuse are no
longer available to provide testimony.  This constitutes a clear conflict
with the agency's duty to take prompt and effective action when MHMR
employees abuse or neglect a person in the care of MHMR.  S.B. 399 will
enable MHMR to establish an "at will" employment standard by deleting the
provision requiring the removal of an employee to be for good cause.   

PURPOSE

As proposed, S.B. 399 establishes the employment status of employees of
the Texas Department of Mental Health and Mental Retardation.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 551.022(d), Health and Safety Code, to authorize
the superintendent of a Texas Department of Mental Health and Mental
Retardation facility, in accordance with Texas Board of Mental Health and
Mental Retardation rules and departmental operating procedures, to remove
an officer, teacher, or employee.  Deletes the provision requiring the
removal to be for good cause. 

SECTION 2. Effective date:  September 1, 1997.  
  Makes application of this Act prospective

SECTION 3. Emergency clause.