By Hochberg H.B. No. 3011
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the funding and operations 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 73.404, Education Code, is amended by
1-6 amending Subsection (a) to read as follows:
1-7 (a) Funding for the state-supported facilities and
1-8 operations of the Harris County Psychiatric Center shall be
1-9 provided through legislative appropriations to [the Texas
1-10 Department of Mental Health and Mental Retardation and to] The
1-11 University of Texas Health Science Center at Houston [System, and
1-12 any appropriations to the department for the Harris County
1-13 Psychiatric Center shall be transferred to The University of Texas
1-14 System in accordance with the General Appropriations Act and the
1-15 lease and/or sublease and operating agreement provided for in
1-16 Section 73.405 of this code]. A separate line item entry shall be
1-17 made in the General Appropriations Act at The University of Texas
1-18 Health Science Center at Houston and in the annual operating budget
1-19 of The University of Texas Health Science Center at Houston for the
1-20 Harris County Psychiatric Center funding. Legislative
1-21 appropriations may be for any further construction at the Harris
2-1 County Psychiatric Center; for equipment, both fixed and movable;
2-2 for utilities, including data processing and communications; for
2-3 maintenance, repairs, renovations, and additions; for any damage or
2-4 destruction; and for operations of the Harris County Psychiatric
2-5 Center; provided, however, that as to funding for Harris County
2-6 Psychiatric Center operations, legislative appropriations shall not
2-7 exceed 85 percent of the total operating costs of the entire Harris
2-8 County Psychiatric Center, exclusive of any costs of the commitment
2-9 center.
2-10 SECTION 2. Section 73.405, Education Code, is amended by
2-11 adding new Subsection (a), Subsection (b), and Subsection (c) and
2-12 by amending new Subsection (f) and new Subsection (g) to read as
2-13 follows:
2-14 (a) The state-supported facilities of the Harris County
2-15 Psychiatric Center shall provide patient care, education, and
2-16 research in accordance with its stated mission. The Harris County
2-17 Psychiatric Center will continue to be an integral part of the
2-18 public mental health safety net of Harris County.
2-19 (b) The University of Texas Health Science Center at Houston
2-20 and the Harris County Psychiatric Center will maintain
2-21 collaborative working relationships with both the state and county
2-22 designated mental health authorities in terms of assessment of
2-23 patient care service needs, area response planning, and design and
2-24 operation of closely integrated systems of care.
2-25 (c) The University of Texas Health Science Center at Houston
3-1 through the Harris County Psychiatric Center will develop a
3-2 Community Advisory Committee that will regularly meet with the
3-3 leadership of the Harris County Psychiatric Center.
3-4 (d) [(a)] The state-supported facilities of the Harris
3-5 County Psychiatric Center shall be leased to and operated and
3-6 administered by The University of Texas System in accordance with a
3-7 lease and operating agreement. The county-supported and/or
3-8 MHMRA-supported facilities, exclusive of the commitment center, may
3-9 be leased and/or subleased by The University of Texas System in the
3-10 same lease and/or sublease and operating agreement. Any lease
3-11 and/or sublease and operating agreement shall provide for a lease
3-12 payment by The University of Texas System of no more than $1 per
3-13 year plus other good and valuable consideration as provided for in
3-14 Section 73.406 of this code.
3-15 (e) [(b)] In any lease and/or sublease and operating
3-16 agreement, the board of regents of The University of Texas System
3-17 shall be the governing board of the Harris County Psychiatric
3-18 Center facilities that are leased and/or subleased and operated by
3-19 The University of Texas System.
3-20 (f) [(c)] Any lease and/or sublease and operating agreement
3-21 may provide all necessary or desirable terms for the operation of
3-22 the Harris County Psychiatric Center and may provide for duties and
3-23 powers with respect to medical and legal matters, Harris County
3-24 Psychiatric Center administration, staffing, patient services,
3-25 reports, and annual operating budgets of the Harris County
4-1 Psychiatric Center[, and transfers of appropriated funds as
4-2 provided for in Section 73.404 of this code].
4-3 (g) [(d)] Any lease and/or sublease and operating agreement
4-4 shall provide that The University of Texas System shall cause the
4-5 Harris County Psychiatric Center to be operated in accordance with
4-6 the standards for accreditation of the Joint Commission on
4-7 Accreditation of Hospitals; that all financial transactions and
4-8 performance programs may be appropriately audited; that an
4-9 appropriate admission, discharge, and transfer coordination policy
4-10 be established; that appropriate patient data be made available to
4-11 the Texas Department of Mental Health and Mental Retardation
4-12 [department], MHMRA, and the county, including but not limited to
4-13 diagnosis and lengths of stay; and that a priority of patient
4-14 treatment policy be established.
4-15 SECTION 3. This Act takes effect September 1, 1999.
4-16 SECTION 4. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.