By: Madla S.B. No. 358
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and functions of the Texas Department
1-2 of Mental Health and Mental Retardation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 532.002, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 532.002. SUNSET PROVISION. The Texas Department of
1-7 Mental Health and Mental Retardation is subject to Chapter 325,
1-8 Government Code (Texas Sunset Act). Unless continued in existence
1-9 as provided by that Act, the department is abolished and this
1-10 chapter expires September 1, 2011 [1999].
1-11 SECTION 2. Chapter 532, Health and Safety Code, is amended
1-12 by adding Section 532.0035 to read as follows:
1-13 Sec. 532.0035. BOARD TRAINING. (a) A person who is
1-14 appointed to and qualifies for office as a member of the board may
1-15 not vote, deliberate, or be counted as a member in attendance at a
1-16 meeting of the board until the person completes a training session
1-17 that complies with this section.
1-18 (b) The training program must provide the person with
1-19 information regarding:
1-20 (1) the legislation that created the department and
1-21 board;
1-22 (2) the programs operated by the department;
1-23 (3) the roles and functions of the department;
1-24 (4) the rules of the department with an emphasis on
2-1 the rules that relate to disciplinary and investigatory authority;
2-2 (5) the current budget for the department;
2-3 (6) the results of the most recent formal audit of the
2-4 department;
2-5 (7) the requirements of:
2-6 (A) the open meetings law, Chapter 551,
2-7 Government Code;
2-8 (B) the public information law, Chapter 552,
2-9 Government Code;
2-10 (C) the administrative procedure law, Chapter
2-11 2001, Government Code; and
2-12 (D) other laws relating to public officials,
2-13 including conflict-of-interest laws; and
2-14 (8) any applicable ethics policies adopted by the
2-15 department or the Texas Ethics Commission.
2-16 (c) A person appointed to the board is entitled to
2-17 reimbursement, as provided by the General Appropriations Act, for
2-18 the travel expenses incurred in attending the training program
2-19 regardless of whether the attendance at the program occurs before
2-20 or after the person qualifies for office.
2-21 SECTION 3. Subsections (d) and (e), Section 532.016, Health
2-22 and Safety Code, are amended to read as follows:
2-23 (d) The commissioner or the commissioner's designee shall
2-24 prepare and maintain a written policy statement that implements [to
2-25 assure implementation of] a program of equal employment opportunity
2-26 to ensure that [under which] all personnel decisions [transactions]
3-1 are made without regard to race, color, disability [handicap], sex,
3-2 religion, age, or national origin. The policy statement must
3-3 include:
3-4 (1) personnel policies, including policies relating to
3-5 recruitment, evaluation, selection, [appointment,] training, and
3-6 promotion of personnel, that show the intent of the department to
3-7 avoid the unlawful employment practices described by Chapter 21,
3-8 Labor Code;
3-9 (2) an analysis of the extent to which the composition
3-10 of the department's personnel is in accordance with state and
3-11 federal law and a description of reasonable methods to achieve
3-12 compliance with state and federal law[;]
3-13 [(2) a comprehensive analysis of the department work
3-14 force that meets federal and state guidelines]; and
3-15 (3) procedures by which a determination can be made of
3-16 significant underutilization in the department work force of all
3-17 persons for whom federal or state guidelines encourage a more
3-18 equitable balance and reasonable methods to appropriately address
3-19 those areas of significant underutilization.
3-20 (e) The [A] policy statement [prepared under Subsection (d)]
3-21 must:
3-22 (1) [cover an annual period;]
3-23 [(2)] be updated [at least] annually;
3-24 (2) be reviewed by the state Commission on Human
3-25 Rights for compliance with Subsection (d)(1); and
3-26 (3) be filed with the governor's office [governor].
4-1 SECTION 4. Subchapter A, Chapter 533, Health and Safety
4-2 Code, is amended by adding Section 533.013 to read as follows:
4-3 Sec. 533.013. DUPLICATION OF REHABILITATION SERVICES. The
4-4 department shall enter into an agreement with the Texas
4-5 Rehabilitation Commission that defines the roles and
4-6 responsibilities of the department and the commission regarding the
4-7 agencies' shared client populations. The agreement must establish
4-8 methods to prevent the duplication and fragmentation of employment
4-9 services provided by the agencies.
4-10 SECTION 5. Section 533.032, Health and Safety Code, is
4-11 amended to read as follows:
4-12 Sec. 533.032. LONG-RANGE PLANNING [PLAN]. (a) The
4-13 department shall have a long-range plan covering at least six years
4-14 that includes at least the provisions required by Sections 531.022
4-15 and 531.023, Government Code [Section 10, Article 4413(502),
4-16 Revised Statutes], and Chapter 2056, Government Code. The plan
4-17 must cover the provision of services in and policies for
4-18 state-operated institutions and ensure that the medical needs of
4-19 the most medically fragile persons the department serves are met.
4-20 (b) In developing the plan, the department shall:
4-21 (1) solicit input from:
4-22 (A) local authorities for mental health and
4-23 mental retardation;
4-24 (B) community representatives;
4-25 (C) consumers of mental health and mental
4-26 retardation services and family members of consumers of services;
5-1 and
5-2 (D) other interested persons; and
5-3 (2) consider the report developed under Subsection
5-4 (c).
5-5 (c) The department shall develop a report containing
5-6 information and recommendations regarding the most efficient
5-7 long-term use and management of the department's campus-based
5-8 facilities. The report must:
5-9 (1) project future bed requirements for state schools
5-10 and state hospitals;
5-11 (2) document the methodology used to develop the
5-12 projection of future bed requirements;
5-13 (3) project maintenance costs for institutional
5-14 facilities;
5-15 (4) recommend strategies to maximize the use of
5-16 institutional facilities; and
5-17 (5) specify how each state school and state hospital
5-18 will:
5-19 (A) serve and support the communities and
5-20 consumers in its service area; and
5-21 (B) fulfill statewide needs for specialized
5-22 services.
5-23 (d) In developing the report under Subsection (c) the
5-24 department shall consider:
5-25 (1) the medical needs of the most medically fragile of
5-26 its clients; and
6-1 (2) the provision of services to clients with severe
6-2 and profound mental retardation.
6-3 (e) The department shall:
6-4 (1) attach the report to the department's legislative
6-5 appropriations request for each biennium;
6-6 (2) at the time the department presents its
6-7 legislative appropriations request, present the report to the:
6-8 (A) governor;
6-9 (B) governor's budget office;
6-10 (C) lieutenant governor;
6-11 (D) speaker of the house of representatives;
6-12 (E) Legislative Budget Board; and
6-13 (F) Health and Human Services Commission; and
6-14 (3) update the department's long-range plan biennially
6-15 and include the report in the plan.
6-16 SECTION 6. Subchapter B, Chapter 533, Health and Safety
6-17 Code, is amended by adding Section 533.0325 to read as follows:
6-18 Sec. 533.0325. CONTINUUM OF SERVICES IN CAMPUS FACILITIES.
6-19 The board by rule shall establish criteria regarding the uses of
6-20 the department's campus-based facilities to ensure that a full
6-21 continuum of services is available.
6-22 SECTION 7. Subchapter B, Chapter 533, Health and Safety
6-23 Code, is amended by adding Section 533.0345 to read as follows:
6-24 Sec. 533.0345. STATE AGENCY SERVICES STANDARDS. (a) The
6-25 department by rule shall develop model program standards for mental
6-26 health services for use by each state agency that provides or pays
7-1 for mental health services. The department shall provide the model
7-2 standards to each agency that provides mental health services as
7-3 identified by the Health and Human Services Commission.
7-4 (b) Model standards developed under Subsection (a) must be
7-5 designed to improve the consistency of mental health services
7-6 provided by or through a state agency.
7-7 (c) Biennially the department shall review the model
7-8 standards developed under Subsection (a) and determine whether each
7-9 standard contributes effectively to the consistency of service
7-10 delivery by state agencies.
7-11 SECTION 8. Subchapter B, Chapter 533, Health and Safety
7-12 Code, is amended by adding Section 533.0351 to read as follows:
7-13 Sec. 533.0351. LOCAL AUTHORITY ADVISORY COMMITTEE. (a) In
7-14 this section "local authority" means a local mental health or
7-15 mental retardation authority.
7-16 (b) The commissioner shall establish a nine-member local
7-17 authority advisory committee to assist the commissioner in
7-18 developing policies for the operation of local authorities.
7-19 (c) The committee is composed of representatives of local
7-20 authorities, the public, consumers of local authority services, and
7-21 family members of those consumers, appointed by the commissioner.
7-22 In appointing the members, the commissioner shall ensure a balanced
7-23 representation of:
7-24 (1) different regions of this state;
7-25 (2) rural and urban counties; and
7-26 (3) single-county and multi-county local authorities.
8-1 (d) Except for the members representing the public or
8-2 consumers or family members of consumers, members appointed to the
8-3 advisory committee must have expertise in the day-to-day operations
8-4 of a local authority.
8-5 (e) The advisory committee shall:
8-6 (1) review rules and proposed rules related to local
8-7 authority functions and recommend to the commissioner the
8-8 development of rules on that subject;
8-9 (2) advise the commissioner regarding evaluation and
8-10 coordination of initiatives related to local authority functions;
8-11 (3) advise and assist the department in developing a
8-12 method of contracting with local authorities that will result in
8-13 contracts that are flexible and responsive to:
8-14 (A) the needs and services of local programs;
8-15 and
8-16 (B) the department's performance expectations;
8-17 (4) coordinate and monitor activities of work groups
8-18 whose actions may affect local authority functions;
8-19 (5) report to the board on the committee's activities
8-20 and recommendations at least once each fiscal quarter; and
8-21 (6) work with the commissioner as the commissioner
8-22 directs.
8-23 (f) For any recommendation the committee makes to the
8-24 department, the department shall provide to the committee a written
8-25 response regarding any action taken on the recommendation or the
8-26 reasons for the department's inaction on the subject of the
9-1 recommendation.
9-2 (g) The committee is subject to Chapter 2110, Government
9-3 Code. The department by rule shall provide, in accordance with
9-4 Section 2110.008, Government Code, that the committee is abolished
9-5 on September 1, 2007, unless the board affirmatively votes to
9-6 continue the committee in existence.
9-7 SECTION 9. Subchapter B, Chapter 533, Health and Safety
9-8 Code, is amended by adding Section 533.0356 to read as follows:
9-9 Sec. 533.0356. LOCAL BEHAVIORAL HEALTH AUTHORITIES. (a) In
9-10 this section, "commission" means the Texas Commission on Alcohol
9-11 and Drug Abuse.
9-12 (b) The department and the commission jointly may designate
9-13 a local behavioral health authority in a local service area to
9-14 provide mental health and chemical dependency services in that
9-15 area. The board and the commission may delegate to an authority
9-16 designated under this section the authority and responsibility for
9-17 planning, policy development, coordination, resource allocation,
9-18 and resource development for and oversight of mental health and
9-19 chemical dependency services in that service area. An authority
9-20 designated under this section has:
9-21 (1) all the responsibilities and duties of a local
9-22 mental health authority provided by Section 533.035 and by
9-23 Subchapter B, Chapter 534; and
9-24 (2) the responsibility and duty to ensure that
9-25 chemical dependency services are provided in the service area as
9-26 described by the statewide service delivery plan adopted under
10-1 Section 461.0124.
10-2 (c) In the planning and implementation of services, the
10-3 authority shall give proportionate priority to mental health
10-4 services and chemical dependency services that ensures that funds
10-5 purchasing services are utilized in accordance with specific
10-6 regulatory and statutory requirements that govern the respective
10-7 funds.
10-8 (d) A local mental health authority may apply to the
10-9 department and commission for designation as a local behavioral
10-10 health authority.
10-11 (e) The department and commission, by contract or by a
10-12 case-rate or capitated arrangement or another method of allocation,
10-13 may disburse money, including federal money, to a local behavioral
10-14 health authority for services.
10-15 (f) A local behavioral health authority, with the approval
10-16 of the department or the commission as provided by contract, shall
10-17 use money received under Subsection (e) to ensure that mental
10-18 health and chemical dependency services are provided in the local
10-19 service area at the same level as the level of services previously
10-20 provided through:
10-21 (1) the local mental health authority; and
10-22 (2) the commission.
10-23 (g) In determining whether to designate a local behavioral
10-24 health authority for a service area and in determining the
10-25 functions of the authority if designated, the department and
10-26 commission shall solicit and consider written comments from any
11-1 interested person including community representatives, persons who
11-2 are consumers of the proposed services of the authority, and family
11-3 members of those consumers.
11-4 (h) An authority designated under this section shall
11-5 consider ultimate costs and benefits and client care issues to
11-6 ensure:
11-7 (1) consumer choices of services; and
11-8 (2) the best use of public money in:
11-9 (A) assembling a network of service providers;
11-10 and
11-11 (B) determining whether to become a provider of
11-12 a service or to contract that service to another organization.
11-13 (i) An authority designated under this section shall
11-14 demonstrate to the department and the commission that services
11-15 involving state funds that the authority provides directly or
11-16 through a subcontractor comply with relevant state standards.
11-17 (j) The board and the commission jointly may adopt rules to
11-18 govern the operations of local behavioral health authorities. The
11-19 department and the commission jointly may assign the local
11-20 behavioral health authority the duty of providing a single point of
11-21 entry for mental health and chemical dependency services.
11-22 SECTION 10. Section 533.038, Health and Safety Code, is
11-23 amended by adding Subsection (d) to read as follows:
11-24 (d) A person with mental retardation, or a person's legally
11-25 authorized representative, seeking residential services shall
11-26 receive a clear explanation of programs and services for which the
12-1 person is determined to be eligible, including state schools,
12-2 community ICF-MR programs waiver services under Section 1915(c),
12-3 federal Social Security Act, or other services. The programs and
12-4 services chosen by the person or the person's legally authorized
12-5 representative shall be documented in the person's record. If the
12-6 chosen programs or services are not available, the person or the
12-7 person's legally authorized representative shall be given
12-8 assistance in gaining access to alternative services and the
12-9 selected waiting list.
12-10 SECTION 11. Subchapter B, Chapter 533, Health and Safety
12-11 Code, is amended by adding Section 533.039 to read as follows:
12-12 Sec. 533.039. CLIENT SERVICES OMBUDSMAN. (a) The
12-13 commissioner shall employ an ombudsman responsible for assisting a
12-14 person, or a parent or guardian of a person, who has been denied
12-15 service by the department, a department program or facility, or a
12-16 local mental health or mental retardation authority.
12-17 (b) The ombudsman shall:
12-18 (1) explain and provide information on department and
12-19 local mental health or mental retardation authority services,
12-20 facilities, and programs and the rules, procedures, and guidelines
12-21 applicable to the person denied services; and
12-22 (2) refer the person to an appropriate program,
12-23 facility, or service of the department or any other entity, if any.
12-24 SECTION 12. Subsection (a), Section 534.004, Health and
12-25 Safety Code, is amended to read as follows:
12-26 (a) The local agency or organizational combination of local
13-1 agencies that establishes a community center shall prescribe:
13-2 (1) the application procedure for a position on the
13-3 board of trustees;
13-4 (2) the procedure and criteria for making appointments
13-5 to the board of trustees;
13-6 (3) the procedure for posting notice of and filling a
13-7 vacancy on the board of trustees; and
13-8 (4) the grounds and procedure for removing a member of
13-9 the board of trustees[; and]
13-10 [(5) a procedure to ensure that an appointed member of
13-11 a board of trustees appointed by a local agency or organizational
13-12 combination of local agencies primarily located in only one county
13-13 serves not more than four consecutive and complete two-year terms].
13-14 SECTION 13. Section 534.005, Health and Safety Code, is
13-15 amended to read as follows:
13-16 Sec. 534.005. Terms; Vacancies. (a) Appointed members of
13-17 the board of trustees who are not members of a local agency's
13-18 governing body serve staggered two-year terms. In appointing the
13-19 initial members, the appointing authority shall designate not less
13-20 than one-third or more than one-half of the members to serve
13-21 one-year terms and shall designate the remaining members to serve
13-22 two-year terms.
13-23 (b) A vacancy on a board of trustees composed of qualified
13-24 voters is filled by appointment for the remainder of the unexpired
13-25 term.
13-26 [(c) If the local agency or organizational combination of
14-1 local agencies that appoints the board of trustees is primarily
14-2 located in only one county, a person appointed to the board of
14-3 trustees may not serve more than four consecutive and complete
14-4 two-year terms.]
14-5 SECTION 14. Section 534.007, Health and Safety Code, is
14-6 amended to read as follows:
14-7 Sec. 534.007. PROHIBITED ACTIVITIES BY FORMER OFFICERS OR
14-8 EMPLOYEES; OFFENSE. (a) A [For one year after the date on which
14-9 a] former officer or employee of a community center who ceases
14-10 [terminates] service or employment with the center[, the
14-11 individual] may not represent any person or receive compensation
14-12 for services rendered on behalf of any person regarding a
14-13 particular matter in which the former officer or employee
14-14 participated during the period of employment, either through
14-15 personal involvement or because the case or proceeding was a matter
14-16 within the officer's or employee's official[, directly or
14-17 indirectly, attempt or aid in the attempt to procure a contract
14-18 with the community center in which the individual served or was
14-19 employed if the contract relates to a program or service in which
14-20 the individual was directly concerned or for which the individual
14-21 had administrative] responsibility.
14-22 (b) This section does not apply to:
14-23 (1) a former employee who is compensated on the last
14-24 date of service or employment below the amount prescribed by the
14-25 General Appropriations Act for [step 1,] salary group 17, Schedule
14-26 A, or salary group 9, Schedule B, of the position classification
15-1 salary schedule; or
15-2 (2) a former officer or employee who is employed by a
15-3 state agency or another community center.
15-4 (c) Subsection (a) does not apply to a proceeding related to
15-5 policy development that was concluded before the officer's or
15-6 employee's service or employment ceased.
15-7 (d) A former officer or employee of a community center
15-8 commits an offense if the former officer or employee violates this
15-9 section. An offense under this section is a Class A misdemeanor.
15-10 (e) In this section:
15-11 (1) "Participated" means to have taken action as an
15-12 officer or employee through decision, approval, disapproval,
15-13 recommendation, giving advice, investigation, or similar action.
15-14 (2) "Particular matter" means a specific
15-15 investigation, application, request for a ruling or determination,
15-16 proceeding related to the development of policy, contract, claim,
15-17 charge, accusation, arrest, or judicial or other proceeding.
15-18 SECTION 15. Subsection (b), Section 534.065, Health and
15-19 Safety Code, is amended to read as follows:
15-20 (b) The mental health or mental retardation authority may
15-21 [shall] renew the contract only if the contract meets the criteria
15-22 provided by Section 533.016 [if the authority finds that:]
15-23 [(1) funding is available;]
15-24 [(2) the authority plans to continue the services;]
15-25 [(3) the provider is in substantial compliance with
15-26 each material provision of the contract, unless the authority
16-1 determines that the provision is not legal and enforceable under
16-2 applicable state and federal law;]
16-3 [(4) the provider is providing a reasonably adequate
16-4 level of service in accordance with the contract and at a
16-5 reasonable cost;]
16-6 [(5) the provider agrees to a renewal contract that is
16-7 substantially in compliance with a model contract developed by the
16-8 department under Section 534.055;]
16-9 [(6) the provider was during the term of any contract
16-10 with the authority and is at the time of renewal in compliance with
16-11 applicable laws governing the subject matter of the contract; and]
16-12 [(7) neither the provider nor any of its officers,
16-13 directors, or principal employees has been convicted or found by a
16-14 final administrative decision to have been guilty of fraud or abuse
16-15 in the provision of health care services under a contract with a
16-16 state or federal agency].
16-17 SECTION 16. Chapter 461, Health and Safety Code, is amended
16-18 by adding Section 461.0128 to read as follows:
16-19 Sec. 461.0128. STATE AGENCY SERVICES STANDARDS. (a) The
16-20 commission by rule shall develop model program standards for
16-21 substance abuse services for use by each state agency that provides
16-22 or pays for substance abuse services. The commission shall provide
16-23 the model standards to each agency that provides substance abuse as
16-24 identified by the Health and Human Services Commission.
16-25 (b) Model standards developed under Subsection (a) must be
16-26 designed to improve the consistency of substance abuse services
17-1 provided by or through a state agency.
17-2 (c) Biennially the commission shall review the model
17-3 standards developed under Subsection (a) and determine whether each
17-4 standard contributes effectively to the consistency of service
17-5 delivery by state agencies.
17-6 SECTION 17. Chapter 461, Health and Safety Code, is amended
17-7 by adding Section 461.0129 to read as follows:
17-8 Sec. 461.0129. LOCAL BEHAVIORAL HEALTH AUTHORITIES. The
17-9 commission may designate and provide services through local
17-10 behavioral health authorities as provided by Section 533.0356 and
17-11 rules adopted jointly with the Texas Board of Mental Health and
17-12 Mental Retardation.
17-13 SECTION 18. (a) The changes in law made by Section
17-14 532.0035, Health and Safety Code, as added by this Act, apply only
17-15 to a member of the Texas Board of Mental Health and Mental
17-16 Retardation appointed on or after the effective date of this Act.
17-17 The qualifications of a board member appointed before the effective
17-18 date of this Act are governed by the law as it existed immediately
17-19 before that date and the former law is continued in effect for that
17-20 purpose.
17-21 (b) The changes in law to Section 534.007, Health and Safety
17-22 Code, made by this Act apply only to a person who ceases employment
17-23 on or after the effective date of this Act. The relationship
17-24 between a community center and a former employee who terminated
17-25 employment before the effective date of this Act is governed by
17-26 Section 534.007, Health and Safety Code, as it existed immediately
18-1 before the effective date of this Act, and the former law is
18-2 continued in effect for that purpose.
18-3 (c) The changes in law to Subsection (b), Section 534.065,
18-4 Health and Safety Code, made by this Act apply only to a contract
18-5 considered for renewal on or after the effective date of this Act.
18-6 Actions related to the renewal of a contract that are taken before
18-7 the effective date of this Act and a contract renewed before that
18-8 date are governed by Section 534.065, Health and Safety Code, as it
18-9 existed immediately before the effective date of this Act, and the
18-10 former law is continued in effect for that purpose.
18-11 SECTION 19. This Act takes effect September 1, 1999.
18-12 SECTION 20. The importance of this legislation and the
18-13 crowded condition of the calendars in both houses create an
18-14 emergency and an imperative public necessity that the
18-15 constitutional rule requiring bills to be read on three several
18-16 days in each house be suspended, and this rule is hereby suspended.