76R12723 CAG-F                           
         By Hochberg                                           H.B. No. 3011
         Substitute the following for H.B. No. 3011:
         By Hochberg                                       C.S.H.B. No. 3011
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the funding and operation of the Harris County
 1-3     Psychiatric Center.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 73.401, Education Code, is amended to
 1-6     read as follows:
 1-7           Sec. 73.401.  ESTABLISHMENT.  The Harris County Psychiatric
 1-8     Center is a public-owned, publicly-operated facility that has been
 1-9     developed and built by Harris County, Texas, and the Texas
1-10     Department of Mental Health and Mental Retardation.  The facilities
1-11     of the Harris County Psychiatric Center to be operated by The
1-12     University of Texas System shall be operated consistent with the
1-13     rules and regulations of the board of regents and with the
1-14     provisions of this subchapter.
1-15           SECTION 2.  Section 73.404(a), Education Code, is amended to
1-16     read as follows:
1-17           (a)  Funding for the state-supported facilities and
1-18     operations of the Harris County Psychiatric Center shall be
1-19     provided through legislative appropriations to [the Texas
1-20     Department of Mental Health and Mental Retardation and to] The
1-21     University of Texas Health Science Center [System, and any
1-22     appropriations to the department for the Harris County Psychiatric
1-23     Center shall be transferred to The University of Texas System in
1-24     accordance with the General Appropriations Act and the lease and/or
 2-1     sublease and operating agreement provided for in Section 73.405 of
 2-2     this code].  A separate line item entry shall be made in the
 2-3     General Appropriations Act at The University of Texas Health
 2-4     Science Center at Houston and in the annual operating budget of The
 2-5     University of Texas Health Science Center at Houston for the Harris
 2-6     County Psychiatric Center funding. Legislative appropriations for
 2-7     the Harris County Psychiatric Center operating budget may not be
 2-8     transferred unless specifically authorized by the legislature.
 2-9     Legislative appropriations may be for any further construction at
2-10     the Harris County Psychiatric Center;  for equipment, both fixed
2-11     and movable;  for utilities, including data processing and
2-12     communications;  for maintenance, repairs, renovations, and
2-13     additions;  for any damage or destruction; and for operations of
2-14     the Harris County Psychiatric Center;  provided, however, that as
2-15     to funding for Harris County Psychiatric Center operations,
2-16     legislative appropriations shall not exceed 85 percent of the total
2-17     operating costs of the entire Harris County Psychiatric Center,
2-18     exclusive of any costs of the commitment center.
2-19           SECTION 3.  Section 73.405, Education Code, is amended by
2-20     amending Subsections (c) and (d) and adding Subsections (e), (f),
2-21     (g), (h), and (i) to read as follows:
2-22           (c)  Any lease and/or sublease and operating agreement may
2-23     provide all necessary or desirable terms for the operation of the
2-24     Harris County Psychiatric Center and may provide for duties and
2-25     powers with respect to medical and legal matters, Harris County
2-26     Psychiatric Center administration, staffing, patient services,
2-27     reports[,] and annual operating budgets of the Harris County
 3-1     Psychiatric Center[, and transfers of appropriated funds as
 3-2     provided for in Section 73.404 of this code].
 3-3           (d)  Any lease and/or sublease and operating agreement shall
 3-4     provide that The University of Texas System shall cause the Harris
 3-5     County Psychiatric Center to be operated in accordance with the
 3-6     standards for accreditation of the Joint Commission on
 3-7     Accreditation of Hospitals; that all financial transactions and
 3-8     performance programs may be appropriately audited;  that an
 3-9     admission, discharge, and transfer coordination policy be
3-10     established;  that appropriate patient data be made available to
3-11     the Texas Department of Mental Health and Mental Retardation
3-12     [department], MHMRA, and the county, including but not limited to
3-13     diagnosis and lengths of stay; and that a priority of patient
3-14     treatment policy be established.
3-15           (e)  The state-supported facilities of the Harris County
3-16     Psychiatric Center shall provide patient care, education, and
3-17     research in accordance with the center's stated mission and
3-18     priorities and in a manner that is consistent with the Lease,
3-19     Sublease, and Operating Agreement, as modified or amended. Patient
3-20     care at the center shall be of the highest quality and will, at a
3-21     minimum, be provided to:
3-22                 (1)  persons, including both adults and minors, with
3-23     severe and persistent mental illness;
3-24                 (2)  children and adolescents for crisis stabilization
3-25     services; and
3-26                 (3)  patients admitted under involuntary commitment.
3-27           (f)  Subject to overall patient bed availability, admission
 4-1     to the center will be on a 24-hour-a-day, seven-day-a-week basis.
 4-2     The current relative allocation of state appropriated funds by
 4-3     mission component of patient service, education, and research will
 4-4     remain unchanged unless the change is by a mutual agreement between
 4-5     the Harris County Psychiatric Center and the Texas Department of
 4-6     Mental Health and Mental Retardation or the department's designee
 4-7     or is specified in the General Appropriations Act. The Harris
 4-8     County Psychiatric Center will continue to be an integral part of
 4-9     the public health safety net of Harris County, which will include
4-10     but is not limited to, working with the locally designated Single
4-11     Portal Authority regarding bed utilization and prioritization of
4-12     admission to the Harris County Psychiatric Center, transfer
4-13     requests to the state hospital system, and transfers of all
4-14     relevant and appropriate patient data between parties to the
4-15     existing Lease, Sublease, and Operating Agreement.
4-16           (g)  The University of Texas Health Science Center at Houston
4-17     and the Harris County Psychiatric Center will maintain
4-18     collaborative working relationships with both the state and county
4-19     designated mental health authorities in terms of assessment of
4-20     patient care service needs, area response planning, and design and
4-21     operation of closely integrated systems of care. To this end, on an
4-22     annual basis, a memorandum of understanding shall be developed
4-23     between the Harris County Psychiatric Center and the Mental Health
4-24     and Mental Retardation Authority of Harris County, after receipt of
4-25     input from the Local Area Planning and Advisory Committee
4-26     established under Subsection (i).  The memorandum of understanding
4-27     shall establish mutually agreeable patient service performance
 5-1     targets on the part of both parties for the state fiscal year, as
 5-2     well as scheduled quarterly review by the parties. The executed
 5-3     memorandum of understanding shall be incorporated into the Lease,
 5-4     Sublease, and Operating Agreement.  The parties shall, directly and
 5-5     in good faith, negotiate any differences with respect to patient
 5-6     service performance targets within 30 days after receiving
 5-7     notification of the existence of an unresolved difference. If the
 5-8     difference is not resolved within the 30-day period, the parties
 5-9     shall submit their dispute to a mutually agreed on experienced
5-10     mediator located in Harris County.  The mediator shall work with
5-11     the parties and the dispute shall be resolved utilizing nonbinding
5-12     mediation.
5-13           (h)  The Harris County Psychiatric Center will provide
5-14     materials requested by the Texas Department of Mental Health and
5-15     Mental Retardation or the department's designee and will authorize
5-16     the use of the requested materials in the submission of reports or
5-17     appropriations requests to the legislature as may be required.
5-18           (i)  The University of Texas Health Science Center at
5-19     Houston, through the Harris County Psychiatric Center, shall
5-20     establish a Local Area Planning and Advisory Committee. The
5-21     committee shall consist of nine members.  The term of each member
5-22     is two years.  Members of the committee will be appointed by the
5-23     leadership of the Harris County Psychiatric Center from
5-24     appointments forwarded to the center by the Mental Health Needs
5-25     Council, Incorporated, of Harris County, who will ensure that the
5-26     primary local mental health consumer organization and mental health
5-27     advocacy organization, both for children and adults, are
 6-1     appropriately represented.  The purpose of the committee will be,
 6-2     at a minimum, to provide review and advice on strategic planning
 6-3     and development of the operating budget request to the legislature
 6-4     and the development and review of the annual patient service
 6-5     performance targets for the memorandum of understanding described
 6-6     in Subsection (g).  The committee will meet, at least quarterly,
 6-7     with the leadership of the Harris County Psychiatric Center to
 6-8     carry out the center's purpose.
 6-9           SECTION 4.  The purpose of Section 73.404(a), Education Code,
6-10     as amended by this Act, is to appropriate state funding directly to
6-11     the operating entity currently provided for in law.  The changes
6-12     made to Section 73.404(a) by this Act may not be interpreted as a
6-13     changing of any statutory obligation or relationship that existed
6-14     before the effective date of this Act.  A contract or agreement in
6-15     force on the effective date of this Act continues in force under
6-16     the terms of the contract or agreement and may only be modified
6-17     under the terms of the contract or agreement, under the
6-18     requirements of any law that existed on the effective date of this
6-19     Act, by mutual agreement of the parties to the contract or
6-20     agreement, or as authorized by a subsequent law.
6-21           SECTION 5.  This Act takes effect September 1, 1999.
6-22           SECTION 6.  The importance of this legislation and the
6-23     crowded condition of the calendars in both houses create an
6-24     emergency and an imperative public necessity that the
6-25     constitutional rule requiring bills to be read on three several
6-26     days in each house be suspended, and this rule is hereby suspended.