By: Harris S.B. No. 434
97S0253/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the provision of mental health services, including the
1-2 review of agency rulemaking by the Health and Human Services
1-3 Commission and the creation of an advisory committee on inpatient
1-4 mental health services.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 531.034, Government Code, is amended by
1-7 adding Subsection (d) to read as follows:
1-8 (d) The commission shall require the Texas Department of
1-9 Health and the Texas Department of Mental Health and Mental
1-10 Retardation to coordinate activities relating to the development of
1-11 proposed rules and policies, and the interpretation and enforcement
1-12 of adopted rules and policies, relating to mental health services
1-13 in those inpatient mental health facilities that are included
1-14 within the scope of Section 571.003(9)(B) and (E), Health and
1-15 Safety Code. The commission shall review these activities to
1-16 determine compliance by the Texas Department of Health and the
1-17 Texas Department of Mental Health and Mental Retardation with this
1-18 subsection.
1-19 SECTION 2. Chapter 571, Health and Safety Code, is amended
1-20 by adding Section 571.027 to read as follows:
1-21 Sec. 571.027. ADVISORY COMMITTEE ON INPATIENT MENTAL HEALTH
1-22 SERVICES. (a) The board shall appoint a nine-member advisory
1-23 committee for the purpose of advising and assisting the board and
2-1 the department in the consideration, promulgation, and adoption of
2-2 departmental policies and regulations relating to the provision of
2-3 mental health services in inpatient mental health facilities
2-4 included within the scope of Section 571.003(9)(B) and (E).
2-5 (b) The advisory committee shall be composed of:
2-6 (1) three representatives from hospitals, two of whom
2-7 shall be from private mental hospitals licensed by the department
2-8 and one of whom shall be from a licensed general hospital with an
2-9 identifiable part in which diagnosis, treatment, and care for
2-10 persons with mental illness is provided;
2-11 (2) three consumers of mental health services which
2-12 are provided in hospitals of the two types listed in Subdivision
2-13 (1);
2-14 (3) one physician licensed in Texas and currently
2-15 practicing psychiatry;
2-16 (4) one representative of the Texas Department of
2-17 Health; and
2-18 (5) one representative of the department.
2-19 (c) Advisory committee members shall serve staggered
2-20 four-year terms, with the terms of four of the members expiring on
2-21 August 31 of one odd-numbered year and the terms of five members
2-22 expiring on August 31 of the next odd-numbered year.
2-23 (d) The advisory committee shall meet at least four times a
2-24 year.
2-25 (e) If a vacancy occurs on the advisory committee, the board
3-1 shall appoint a person to serve the unexpired portion of the term.
3-2 SECTION 3. As soon as practicable after the effective date
3-3 of this Act, the Texas Board of Mental Health and Mental
3-4 Retardation shall appoint nine initial members of the advisory
3-5 committee as provided by Section 571.027, Health and Safety Code,
3-6 as added by this Act. At the first meeting of the advisory
3-7 committee, the nine initial members shall draw lots to determine
3-8 the lengths of their terms. Four of the initial members serve for
3-9 terms expiring August 31, 1999, and five of the initial members
3-10 serve terms expiring on August 31, 2001.
3-11 SECTION 4. This Act takes effect September 1, 1997.
3-12 SECTION 5. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.