Amend CSSB 358 by adding the following appropriately numbered
section and by renumbering subsequent sections accordingly:
      SECTION ____.  (a)  On September 1, 2001, or an earlier date
provided by an interagency agreement between the Texas Department
of Human Services and the Texas Department of Mental Health and
Mental Retardation, the licensing, surveying, and regulation of
intermediate care facilities for the mentally retarded under
Chapters 222 and 252, Health and Safety Code, are transferred from
the Texas Department of Human Services to the Texas Department of
Mental Health and Mental Retardation.
      (b)  On September 1, 2001, or an earlier date provided by an
interagency agreement between the Texas Department of Human
Services and the Texas Department of Mental Health and Mental
Retardation, all funds, obligations, and contracts of the Texas
Department of Human Services related to a function listed in
Subsection (a) of this section are transferred to the Texas
Department of Mental Health and Mental Retardation.
      (c)  On September 1, 2001, or an earlier date provided by an
interagency agreement between the Texas Department of Human
Services and the Texas Department of Mental Health and Mental
Retardation, all property and records in the custody of the Texas
Department of Human Services related to a function listed in
Subsection (a) of this section and all funds appropriated by the
legislature to the Texas Department of Human Services for a
function listed in Subsection (a) of this section are transferred
to the Texas Department of Mental Health and Mental Retardation.
      (d)  On September 1, 2001, or an earlier date provided by an
interagency agreement between the Texas Department of Human
Services and the Texas Department of Mental Health and Mental
Retardation, all employees of the Texas Department of Human
Services who perform duties related to a function listed in
Subsection (a) of this section become employees of the Texas
Department of Mental Health and Mental Retardation, to be assigned
duties by that department.
      (e)  A rule or form adopted by the Texas Department of Human
Services that relates to a function listed in Subsection (a) of
this section is a rule or form of the Texas Department of Mental
Health and Mental Retardation and remains in effect until altered
by that department.  The secretary of state is authorized to adopt
rules as necessary to expedite the implementation of this
subsection.
      (f)  The transfer of the functions listed in Subsection (a)
of this section does not affect or impair any act done, any
obligation, right, order, license, permit, rule, criterion,
standard, or requirement existing, any investigation begun, or any
penalty accrued under former law, and that law remains in effect
for any action concerning those matters.
      (g)  An action brought or proceeding commenced before the
transfer required by this section is effected, including a
contested case or a remand of an action or proceeding by a
reviewing court, is governed by the law and rules applicable to the
action or proceeding before the date of the transfer.
      (h)  After the transfer required by this section is effected:
            (1)  a reference in law to the Texas Department of
Human Services that relates to a function listed in Subsection (a)
of this section means the Texas Department of Mental Health and
Mental Retardation; and
            (2)  a reference in law to the Texas Board of Human
Services that relates to a function listed in Subsection (a) of
this section means the Texas Board of Mental Health and Mental
Retardation.
      (i)  The commissioner of health and human services shall
facilitate and supervise the transfer required by Subsection (a)
and shall ensure the proper transfer of money, information,
equipment, employees, property, and other items necessary for the
Texas Department of Mental Health and Mental Retardation and the
Texas Board of Mental Health and Mental Retardation to assume
responsibility for the licensing, surveying, and regulation of
intermediate care facilities for the mentally retarded.