SRC-JJJ, DBM S.B. 358 76(R)BILL ANALYSIS


Senate Research CenterS.B. 358
By: Madla
Health Services
8/5/1999
Enrolled


DIGEST 

Currently, the Texas Sunset Commission reports that the Texas Department of
Mental Health and Mental Retardation (department) oversees and provides
services to some of the state's most vulnerable citizens--persons with
mental illness and mental retardation.  The department's mission is "to
improve the quality and efficiency of public and private services and
supports for Texans with mental illness and mental retardation so that they
can increase their opportunities and abilities to lead lives of dignity and
independence."  During 1997, an estimated 2.8 million Texans were diagnosed
with some form of mental illness and 530,000 with mental retardation;
approximately 19,000 persons received services through campus-based
facilities and 168,000 persons through communitybased services.  The
department provides services through 22 campus-based facilities and 10
stateoperated community services, and funds and oversees locally-operated
community services through performance contracts with 38 community centers
across the state.  As a result of its review of the department, the Sunset
Advisory Commission recommended continuation of the department and several
statutory modifications. 

PURPOSE

As enrolled, S.B. 358 sets forth provisions concerning the continuation and
functions of the Texas Department of Mental Health and Mental Retardation. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Mental Health
and Mental Retardation in SECTIONS 6, 7, 8, and 17 (Section 533.0325,
Chapter 533B, Health and Safety Code; Section 533.0345(a), Chapter 533B,
Health and Safety Code; Section 533.0351(g), Chapter 533B, Health and
Safety Code; and  Section 461.0128(a), Chapter 461, Health and Safety Code)
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 532.002,  Health and Safety Code, to provide
that the Texas Department of Mental Health and Mental Retardation
(department) is abolished and this chapter expires on September 1, 2011,
rather than September 1, 1999, unless continued as provided by Chapter 325,
Government Code. 

SECTION 2.  Amends Chapter 532, Health and Safety Code, by adding Section
532.0035, to add standard language developed by the Sunset Advisory
Commission regarding board member training. 

SECTION 3.  Amends Sections 532.016(d) and (e),  Health and Safety Code, to
add standard language developed by the Sunset Advisory Commission regarding
equal employment opportunity policies.  Makes a conforming change. 

SECTION 4.  Amends Chapter 533A, Health and Safety Code, by adding Section
533.013, as follows: 

Sec. 533.013. DUPLICATION OF REHABILITATION SERVICES.  Requires the
department  to enter into an agreement with the Texas Rehabilitation
Commission (commission) that defines the roles and responsibilities of the
department and the commission regarding the agencies' shared populations.
Requires the agreement to establish  methods to prevent the duplication and
fragmentation of employment services provided by the agencies. 

SECTION 5.  Amends Section 533.032, Health and Safety Code, by adding
Section 533.032, as follows: 

Sec. 533.032.  New heading:  LONG-RANGE PLANNING.  (a)  Requires the
department to have a long-range plan covering at least six years that
includes at least the provisions required by Sections 531.022 and 531.023,
Government Code, and Chapter 2056, Government Code.  Requires the plan to
cover the provision of services in and policies for state-operated
institutions and ensure that the medical needs of the most medically
fragile persons the department serves are met.   

 (b)  Sets forth the parties from which the department must solicit input.  

(c)  Requires the department to develop a report containing information and
recommendations regarding the most efficient long-term use and management
of the department's campus-based facilities.  Sets forth the information
the report is required to include.   

(d)  Requires the department to consider the medical needs of the most
medically fragile clients and the provision of services to clients with
severe and profound mental retardation.  
(e)  Sets forth certain activities the department must undertake regarding
the report, legislative appropriations, and the department's long-range
biennial plan.    
  
SECTION 6.  Amends Chapter 533B, Health and Safety Code, by adding Section
533.0325,  as follows: 

Sec. 533.0325. CONTINUUM OF SERVICES IN CAMPUS FACILITIES.  Requires the
Texas Board of Mental Health and Mental Retardation (board) to establish,
by rule, criteria regarding the uses of the department's campus-based
facilities to ensure that a full continuum of services is available. 

SECTION 7.  Amends Chapter 533B, Health and Safety Code, by adding Sections
533.0345 and 533.0346, as follows: 

Sec. 533.0345. STATE AGENCY SERVICES STANDARDS.  (a)  Requires the
department to develop, by rule, model program standards for mental health
and mental retardation services for use by each state agency that provides
or pays for mental health and mental retardation services.  Requires the
department to provide the model standards to each agency that provides
mental health and mental retardation services as identified by the Health
and Human Services Commission.   

(b)  Requires model standards developed under Subsection (a) to be designed
to improve the consistency of mental health services provided by or through
a state agency.   

(c)  Requires the department to biennially review the model standards
developed under Subsection (a) and determine whether each standard
contributes effectively to the consistency of service delivery by state
agencies.    

Sec. 533.0346.  AUTHORITY TO TRANSFER SERVICES TO COMMUNITY CENTERS. (a)
Authorizes the department to transfer certain operations to a community
center. 
 
(b)  Authorizes the transfer to occur only on the department's approval of
a plan or of an amendment to a previously approved plan.  Sets forth
requirements for developing the plan. 
  
(c)  Requires the center or proposed center to publish notice of the
initial plan or plan amendment before it is submitted.  Requires the notice
to include time and location of the  meeting.  Sets forth requirements for
content and publishing of the notice within the proposed service area. 

(d)  Requires money supporting the cost of providing operations and
services at a state center to be transferred to the community center to
ensure continuity of service, at the time of transfer. 

(e)  Provides that the Amarillo State Center is exempt from the
requirements of Subsections (b) and (c). 

SECTION 8.  Amends Chapter 533B, Health and Safety Code, by adding Section
533.0351, as follows: 

Sec. 533.0351. LOCAL AUTHORITY TECHNICAL ADVISORY COMMITTEE.  (a) Defines
"local authority."   

(b)  Requires the commissioner of mental health and mental retardation
(commissioner) to establish a nine-member local authority advisory
committee to advise the commissioner on certain issues that directly affect
local authority responsibilities. 
  
(c)  Provides that the committee is composed of representatives of local
authorities  and one member representing the public appointed by the
commissioner.  Requires the commissioner, to ensure a balanced
representation of single-county and multi-county local authorities.   

(d)  Requires members, except for members representing the public,
appointed to the advisory committee to have expertise in the day-to-day
operations of a local authority.   

 (e)  Sets forth the required duties of the advisory committee.
  
(f)  Requires the department to provide the advisory committee with a
written response to any recommendation the advisory committee makes to the
department.   

(g)  Subjects the committee to Chapter 2110, Government Code.  Requires the
department, by rule, to provide, in accordance with Section 2110.008,
Government Code, that  the committee is abolished on September 1, 2007,
unless the board votes to continue the committee in existence.      

SECTION 9.  Amends Chapter 533B, Health and Safety Code, by adding Section
533.0356, as follows: 

Sec. 533.0356. LOCAL BEHAVIORAL HEALTH AUTHORITIES.  (a)  Defines
"commission."   

(b)  Authorizes the department and the Texas Commission on Alcohol and Drug
Abuse (TCADA) to jointly designate a local behavioral health authority on a
local service area to provide mental health and chemical dependancy
services in that area.  Authorizes the department and TCADA to delegate to
a designated authority certain authority and responsibility regarding
resource development for and oversight of mental health and chemical
dependancy services.  Sets forth responsibilities and duties of the
designated authority. 

(c)  Requires the authority to give proportionate priority to mental health
services and chemical dependancy services and ensure that funds are used in
accordance with specific regulatory and statutory requirements that govern
the respective funds. 

(d)  Authorizes a local mental health authority to apply to the department
and TCADA for designation as a local behavior health authority. 

  (e)  Authorizes the department and TCADA to disburse money to a local
behavioral health authority for services.   

(f)  Requires a local behavior authority to use money to ensure that mental
health and chemical dependancy services are provided in the local service
area at the same level as the level of services previously provided through
other entities. 

(g)  Requires the department and TCADA, in determining whether to designate
a location, to solicit and consider written comments from certain persons. 

(h)  Requires a designated authority to demonstrate to the department and
TCADA  that services involving state funds that the authority oversees
comply with relevant state standards. 

(i)  Authorizes the board and TCADA to jointly adopt rules to govern the
operations of local behavioral health authorities.  Authorizes the
department and TCADA jointly to assign the local behavioral health
authority the duty of providing a single point of entry for mental and
chemical dependancy services.   
 
SECTION 10. Amends Section 533.038, Health and Safety Code, by adding
Subsections (d), (e) and (f), to require a person with mental retardation,
or the person's legal representation, seeking residential services to
receive a clear explanation of programs and services for which the person
is eligible.  Requires the preferred programs chosen by the person or the
person's representative to be documented in the person's record.  Requires
the person or the person's representative to be given assistance in gaining
access to alternative services and the selected waiting list should the
preferred services be unavailable.  Requires the department to ensure that
the information regarding the program and service preferences is documented
and maintained in a manner that permits the department to access and use
the information for planning activities.  Authorizes the department to
spend money appropriated for the state school system only in accordance
with certain limitations. 

SECTION 11. Amends Chapter 533B, Health and Safety Code, by adding Section
533.039,  as follows: 

Sec. 533.039.  CLIENT SERVICES OMBUDSMAN.  Requires the commissioner to
employ an ombudsman who is responsible for assisting a person who has been
denied service by the department, a program or facility, or a local mental
health or mental retardation authority. Requires the ombudsman to explain
information on department and local mental health or mental retardation
authority services, facilities, programs, and the rules, procedures, and
guidelines to the person denied services and to refer the person to the
appropriate program, facility, or service of the department or any other
entity, if any.  

SECTION 12.  Amends Section 534.004(a), Health and Safety Code, to require
the local agency or organizational combination of local agencies that
establishes a community center to prescribe certain procedures.  Deletes
text requiring a term limit procedure. 

SECTION 13.  Amends Section 534.005, Health and Safety Code, to delete
existing Subsection(c), regarding limiting a person appointed to the board
to four terms, under certain conditions. 

SECTION 14.  Amends Section 534.007, Health and Safety Code, to add
standard language developed by the Sunset Advisory Commission regarding
prohibited activities by former officers or employees and offenses.
Provides that this section does not apply to a former employee who is
compensated on the last date of service or employment below the amount
prescribed by the General Appropriations Act for salary group 17, Schedule
A, or salary group 9, Schedule B, of the position classification schedule. 

SECTION 15.   Amends Section 534.065(b), Health and Safety Code, to
authorize the mental health or mental retardation authority to renew the
contract only if the contract meets the criteria provided by Section
533.016, Health and Safety Code.  Deletes text concerning the renewal of
the contract. 

 
SECTION 16.  Amends Chapter 534C, Health and Safety Code, by adding Section
534.106, as follows: 

Sec. 534.106.  CONDITIONS FOR CERTAIN CONTRACTS.  Requires a contract
between the department and a health maintenance organization (HMO) formed
by one or more community centers to provide that the HMO may not form a
for-profit entity unless the HMO transfers all of its assets to the control
of the boards of trustees of the community centers that formed the HMO. 

SECTION 17.  Amends Chapter 461, Human Resources Code, by adding Section
461.0128, as follows:  

Sec. 461.0128.  STATE AGENCY SERVICES STANDARDS.  (a)  Requires the
commission, by rule, to develop model program standards for substance abuse
services for use by each state agency that provides or pays for substance
abuse services.  Requires the commission to provide the model standards to
each agency that provides substance abuse as services identified by the
Health and Human Services Commission.   

(b)  Requires model standards developed under Subsection (a) to be designed
to improve the consistency of substance abuse services provided by or
through a state agency.   

(c)  Requires the commission to biennially review the model standards
developed under Subsection (a) and determine whether each standard
contributes effectively to the consistency of service delivery by state
agencies. 

SECTION 18.  Amends Chapter 461, Health and Safety  Code, by adding Section
461.0129, as follows: 

Sec. 461.029.   LOCAL BEHAVIORAL HEALTH AUTHORITIES.  Authorizes TCADA to
designate and provide services through local behavioral health authorities. 

SECTION 19.  Amends Section 574.083, Health and Safety Code, as follows:

Sec. 574.083.  New heading:  RETURN TO FACILITY UNDER COURT ORDER. Provides
that an order issued under this subsection extends to any part of this
state and authorizes any peace officer to whom the order is directed or
transferred to execute the order. Requires an affidavit to set out facts
establishing that the patient is receiving court-ordered inpatient mental
health services at a facility and show certain reasonable beliefs of the
facility administrator.  Authorizes a peace or health officer who cannot
immediately return a patient to the facility to transport the patient to a
local facility for detention.  Prohibits the patient from being detained in
a nonmedical facility that is used to detain persons who are charged with
or convicted of a crime, unless the detention facility is warranted by an
extreme emergency.  Sets forth conditions if a patient is detained in a
nonmedical facility.  Requires the county health authority to ensure that
the patient detained in a nonmedical facility received proper care and
medical attention.  Authorizes the facility administrator to release to a
law enforcement official information about the patient if the administrator
determines the information is needed to facilitate the return of the
patient of the facility.  Makes conforming changes. 
 
SECTION 20.  Amends Section 593.012, Health and Safety Code, as follows:

Sec. 593.012.  New heading:  ABSENT WITHOUT AUTHORITY.  Authorizes the
superintendent of a residential care facility to which a client has been
admitted for courtordered care and treatment to have a client who is absent
without authority taken into custody, detained, and returned to that
facility by filing an affidavit with a magistrate. Requires the client to
be returned to the residential care facility in accordance with prescribed
procedures.  Deletes text regarding the authorization of a peace officer to
detain a committed resident and immediately notify the superintendent. 

 SECTION 21.  Requires the department and the Texas Department of Housing
and Community Affairs (TDHCA) to implement a program to demonstrate the
effectiveness of interagency cooperation for providing supported housing
services to individuals with mental illness who reside in personal care
facilities.  Requires the department and TDHCA to design the supported
housing services to give individualized assistance to persons to acquire
and retain certain living arrangements.  Requires the supported housing
services to be provided in accordance with certain rules of the department.
Requires the department and TDHCA to work with the Department of Human
Services (DHS) to allocate resources for the demonstration program so that
priority is given to certain communities.  Requires the department and
TDHCA to establish an application process for communities that seek to
participate in the demonstration program.  Requires the department and
TDHCA to establish a committee to supervise the design and implementation
of the demonstration program.  Sets forth individuals required to be
represented in the committee.  Prohibits a community from being selected to
participate in the program unless the person that applies for the
communities participation demonstrates collaboration between certain
entities.  Sets forth conditions by which a person is not eligible for
assistance under the demonstration program.  Requires the department and
TDHCA to implement the demonstration program as soon as possible after the
effective date of this Act and not later than January 1, 2000.  Requires
the department and TDHCA, on or before January 15, 2001, to make a joint
report for certain entities.  Sets forth information required in the
report. Provides that this section expires August 31, 2001.   

SECTION 22.  Requires the commissioner to appoint a committee to evaluate
the delivery and regulation of services to residents of intermediate care
facilities for the mentally retarded.  Sets forth individuals that compose
the nine-member committee.  Requires the committee to evaluate the impact
and feasibility of consolidating certain aspects of intermediate care
facilities for the mentally retarded.  Sets forth goals and objectives the
committee shall consider in evaluating the impact and feasibility.
Requires the committee to prepare a report that includes its findings and
recommendations, and to present that report not later than October 1, 2000,
to certain individuals. 

SECTION 23.  Prohibits the transfer prescribed by this section from
occurring if the committee determines that consolidating certain services
is not in the best interests of the residents.  Establishes that on
September 1, 2001, subject to limitations, the licensing, surveying, and
regulation of intermediate care facilities for the mentally retarded are
transferred from the DHS, or its successor agency, to the Texas Department
of Mental Health and Mental Retardation.  Sets forth provisions that must
occur upon the transfer of functions listed in Subsection (b).  Authorizes
the secretary of state to adopt rules as necessary to expedite the
implementation of Subsection (c)(4).  Sets forth functions that are not
affected or impaired by the transfer that were existing, begun, or accrued
penalties under former law, and that law remains in effect for any action
concerning those matters. Sets forth provisions regarding the transfer
prescribed by this section.  Requires the commissioner of health and human
services to facilitate and supervise the prescribed transfer.  
 
SECTION 24.Makes application of this Act prospective.

SECTION 25. Effective date: September 1, 1999. 

SECTION 26. Emergency clause.