1-1 By: Harris S.B. No. 434 1-2 (In the Senate - Filed February 4, 1997; February 6, 1997, 1-3 read first time and referred to Committee on Health and Human 1-4 Services; February 19, 1997, reported favorably by the following 1-5 vote: Yeas 10, Nays 0; February 19, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the provision of mental health services, including the 1-9 review of agency rulemaking by the Health and Human Services 1-10 Commission and the creation of an advisory committee on inpatient 1-11 mental health services. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Section 531.034, Government Code, is amended by 1-14 adding Subsection (d) to read as follows: 1-15 (d) The commission shall require the Texas Department of 1-16 Health and the Texas Department of Mental Health and Mental 1-17 Retardation to coordinate activities relating to the development of 1-18 proposed rules and policies, and the interpretation and enforcement 1-19 of adopted rules and policies, relating to mental health services 1-20 in those inpatient mental health facilities that are included 1-21 within the scope of Sections 571.003(9)(B) and (E), Health and 1-22 Safety Code. The commission shall review these activities to 1-23 determine compliance by the Texas Department of Health and the 1-24 Texas Department of Mental Health and Mental Retardation with this 1-25 subsection. 1-26 SECTION 2. Chapter 571, Health and Safety Code, is amended 1-27 by adding Section 571.027 to read as follows: 1-28 Sec. 571.027. ADVISORY COMMITTEE ON INPATIENT MENTAL HEALTH 1-29 SERVICES. (a) The board shall appoint a nine-member advisory 1-30 committee for the purpose of advising and assisting the board and 1-31 the department in the consideration, promulgation, and adoption of 1-32 departmental policies and regulations relating to the provision of 1-33 mental health services in inpatient mental health facilities 1-34 included within the scope of Sections 571.003(9)(B) and (E). 1-35 (b) The advisory committee shall be composed of: 1-36 (1) three representatives from hospitals, two of whom 1-37 shall be from private mental hospitals licensed by the department 1-38 and one of whom shall be from a licensed general hospital with an 1-39 identifiable part in which diagnosis, treatment, and care for 1-40 persons with mental illness is provided; 1-41 (2) three consumers of mental health services which 1-42 are provided in hospitals of the two types listed in Subdivision 1-43 (1); 1-44 (3) one physician licensed in Texas and currently 1-45 practicing psychiatry; 1-46 (4) one representative of the Texas Department of 1-47 Health; and 1-48 (5) one representative of the department. 1-49 (c) Advisory committee members shall serve staggered 1-50 four-year terms, with the terms of four of the members expiring on 1-51 August 31 of one odd-numbered year and the terms of five members 1-52 expiring on August 31 of the next odd-numbered year. 1-53 (d) The advisory committee shall meet at least four times a 1-54 year. 1-55 (e) If a vacancy occurs on the advisory committee, the board 1-56 shall appoint a person to serve the unexpired portion of the term. 1-57 SECTION 3. As soon as practicable after the effective date 1-58 of this Act, the Texas Board of Mental Health and Mental 1-59 Retardation shall appoint nine initial members of the advisory 1-60 committee as provided by Section 571.027, Health and Safety Code, 1-61 as added by this Act. At the first meeting of the advisory 1-62 committee, the nine initial members shall draw lots to determine 1-63 the lengths of their terms. Four of the initial members serve for 1-64 terms expiring August 31, 1999, and five of the initial members 2-1 serve terms expiring on August 31, 2001. 2-2 SECTION 4. This Act takes effect September 1, 1997. 2-3 SECTION 5. The importance of this legislation and the 2-4 crowded condition of the calendars in both houses create an 2-5 emergency and an imperative public necessity that the 2-6 constitutional rule requiring bills to be read on three several 2-7 days in each house be suspended, and this rule is hereby suspended. 2-8 * * * * *