SRC-JJJ, DBM S.B. 773 76(R)BILL ANALYSIS


Senate Research CenterS.B. 773
By: Nelson
Health Services
7/26/1999
Enrolled


DIGEST 

Currently, Texas law has established certain contract regulatory
responsibilities through the Texas Department of Mental Health and Mental
Retardation.  However, statutory change is necessary to ensure that the
department has the authority and appropriate mechanisms to ensure contract
compliance and the continued provision of services.  S.B. 773 will regulate
the management of a community mental health center under certain
circumstances. 

PURPOSE

As enrolled, S.B. 773 regulates the management of a community mental health
center under certain circumstances. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Menal Health and
Mental Retardation in SECTION 1 (Section 534.039(d), Health and Safety
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 534A, Health and Safety Code, by adding Sections
534.038, 534.039, and 534.040, as follows: 

Sec. 534.038.  APPOINTMENT OF MANAGER OF MANAGEMENT TEAM.  (a) Authorizes
the commissioner of mental health and mental retardation (commissioner) to
appoint a manager or management team to manage and operate a community
mental health center if certain conditions exist. 

(b)  Requires the Texas Department of Mental Health and Mental Retardation
(TXMHMR) to give written notification to the center and local agency or
combination of agencies responsible for making appointments to the local
board of trustees regarding the appointment of the manager or management
team and the circumstances on which the appointment is based. 

(c)  Authorizes the commissioner to require the center to pay costs
incurred by the manager or management team. 

(d)  Authorizes the center to appeal the commissioner's decision to appoint
a manager or management team as prescribed by board rule.  Provides that
the filing of a notice of appeal stays the appointment unless the
commissioner based the appointment on a finding under Subsection (a)(1)(D). 

Sec. 534.039.  POWERS AND DUTIES OF MANAGEMENT TEAM.  (a)  Sets forth what
a manager or management team is authorized to do, as the commissioner
determines for each appointment. 

(b)  Requires the manager or management team to supervise the exercise of
power or duty by the local board of trustees. 

 (c)  Requires the manager or management team to report monthly to the
commissioner and local board of trustees on actions taken. 

(d)  Prohibits a manager or management team appointed under this section
from using an asset or money contributed by a country, municipality, or
other local funding entity without the approval of the county,
municipality, or entity. 

Sec.  534.040.  RESTORING MANAGEMENT TO CENTER.  (a)  Requires the
commissioner each month to evaluate the performance of a community center
managed by a manager or team appointed under Section 534.038 to determine
the feasibility of restoring the center's management and operation to a
local board of trustees. 

(b)  Provides that the authority of the manger or management team continues
until the commissioner determines that the relevant factors listed under
Section 534.038(a) (1) no longer exist or the TXMHMR cancels its contract
with the center. 

(c)  Requires the commissioner, following a determination under Subsection
(b) (1), to terminate the authority of the manager or management team and
restore authority to manage and operate the center to the center's
authorized officers and employees. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.