HBA-NLM C.S.H.B. 3011 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3011 By: Hochberg Appropriations 4/23/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE The arrangements for the disbursement of funds to the Harris County Psychiatric Center (center) are not in accordance with the provisions for other operating units within the University of Texas Health Science Center at Houston. Currently, funds must be requested by and appropriated to a state agency that then allocates the funding to another non-state agency. C.S.H.B. 3011 requires funding for the state-supported facilities and operations of the center to be provided through legislative appropriations to the University of Texas Health Science Center at Houston, rather than to the Texas Department of Mental Health and Mental Retardation and to The University of Texas System. In addition, this bill requires a separate line item entry to be made in the General Appropriations Act at the University of Texas Health Science Center at Houston and in the annual operating budget of the University of Texas Health Science Center at Houston for the center's funding. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 73.401, Education Code, to establish that the Harris County Psychiatric Center (center) is a public-owned, publicly-operated facility. SECTION 2. Amends Section 73.404(a), Education Code, as follows: (a) Requires funding for the state-supported facilities and operations of the center to be provided through legislative appropriations to the University of Texas Health Science Center at Houston, rather than to the Texas Department of Mental Health and Mental Retardation (MHMR) and to The University of Texas System. Requires a separate line item entry to be made in the General Appropriations Act at the University of Texas Health Science Center at Houston and in the annual operating budget of the University of Texas Health Science Center at Houston for the center's funding. Prohibits legislative appropriations for the center operating budget from being transferred unless specifically authorized by the legislature. SECTION 3. Amends Section 73.405, Education Code, by amending Subsections (c)-(d) and adding Subsections (e)-(i), as follows: (c) Deletes text authorizing any lease and/or sublease and operating agreement to provide transfer of appropriated funds as provided for in Section 73.404. (d) Makes a conforming change. (e) Requires the state-supported facilities of the center to provide patient care, education, and research in accordance with its stated mission and priorities and in a manner that is consistent with the Lease, Sublease, and Operating Agreement, as modified or amended. Requires patient care at the center to be of the highest quality and to be provided to persons with severe and persistent mental illness, children and adolescents for crisis stabilization services, and patients admitted under involuntary commitment. (f) Provides that admission to the center will be on a 24-hour-a-day, seven-day-a-week basis. Provides that the current relative allocation of state appropriated funds by mission component of patient service, education, and research will remain unchanged unless otherwise specified. Provides that the center will continue to be an integral part of the public mental health safety net of Harris County. (g) Provides that the University of Texas Health Science Center at Houston and the center will maintain collaborative working relationships with both the state and county designated mental health authorities. Requires a memorandum of understanding (MOU) to be developed between the center and MHMR, after receipt of input from the Local Area Planning and Advisory Committee (committee) established under Subsection (i). Sets forth the requirements of the MOU. (h) Specifies that the center will provide material requested by MHMR or a MHMR designee and will authorize the use of the requested material in the submission of reports or appropriations requests to the legislature as may be required. (i) Requires the University of Texas Health Science Center at Houston, through the center, to establish the committee. Sets forth requirements relating to the committee. SECTION 4. Sets forth the purpose of this Act. Provides that the changes made to Section 73.404(a) by this Act may not be interpreted as a changing of any statutory obligation or relationship that existed before the effective date of this Act. Authorizes a contract or agreement in force on the effective date of this Act to be modified only under the terms of the contract or agreement, under the requirements of any law that existed on the effective date of this Act, by mutual agreement of the parties to the contract or agreement, or as authorized by a subsequent law. SECTION 5. Effective date: September 1, 1999. SECTION 6. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3011 modifies the original by conforming to Legislative Council format. C.S.H.B. 3011 adds a new SECTION 1, which amends Section 73.401, Education Code, to specifiy that the Harris County Psychiatric Center is a public-owned, publicly operated facility. C.S.H.B. 3011 redesignates SECTION 1 (Section 73.404(a), Education Code) of the original to SECTION 2 in the substitute. The substitute prohibits a legislative appropriation for the center operating budget from being transferred unless specifically authorized by the legislature. C.S.H.B. 3011 makes the following redesignations from SECTION 2 (Section 73.405, Education Code) of the original to SECTION 3 in the substitute as follows: _Subsection (c) reinstated from proposed Subsection (f); _Subsection (d) reinstated from proposed Subsection (g); _Subsection (e) reinstated from proposed Subsection (a); _Subsection (g) redesignated from proposed Subsection (b), includes a provision to require a memorandum of understanding (MOU) to be developed between the center and MHMR, after receipt of input from the Local Area Planning and Advisory Committee (committee) established under Subsection (i); and _Subsection (i) redesignated from proposed Subsection (c). The substitute adds a new Subsection (f) providing that admission to the center will be on a 24-hour-a-day, seven-day-a-week basis. The substitute provides that the current relative allocation of state appropriated funds by mission component of patient service, education, and research will remain unchanged unless otherwise specified. The substitute redesignates text from proposed Subsection (a) to this subsection, providing that the center will continue to be an integral part of the public mental health safety net of Harris County. The substitute adds a new Subsection (h) specifying that the center will provide material requested by MHMR or an MHMR designee and will authorize the use of the requested material in the submission of reports or appropriations requests to the legislature as may be required. C.S.H.B. 3011 modifies the original by adding a new SECTION 4, as follows: SECTION 4. Sets forth the purpose of this Act. Provides that the changes made to Section 73.404(a) by this Act may not be interpreted as a changing of any statutory obligation or relationship that existed before the effective date of this Act. Authorizes a contract or agreement in force on the effective date of this Act to be modified only under the terms of the contract or agreement, under the requirements of any law that existed on the effective date of this Act, by mutual agreement of the parties to the contract or agreement, or as authorized by a subsequent law. C.S.H.B. 3011 redesignates SECTIONS 3 and 4 (effective date, emergency clause) of the original to SECTIONS 5 and 6.