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.

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