AN ACT
1-1 relating to the continuation and functions of the Texas Department
1-2 of Mental Health and Mental Retardation and to certain facilities
1-3 that provide care for persons with mental illness.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 532.002, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 532.002. SUNSET PROVISION. The Texas Department of
1-8 Mental Health and Mental Retardation is subject to Chapter 325,
1-9 Government Code (Texas Sunset Act). Unless continued in existence
1-10 as provided by that Act, the department is abolished and this
1-11 chapter expires September 1, 2011 [1999].
1-12 SECTION 2. Chapter 532, Health and Safety Code, is amended
1-13 by adding Section 532.0035 to read as follows:
1-14 Sec. 532.0035. BOARD TRAINING. (a) A person who is
1-15 appointed to and qualifies for office as a member of the board may
1-16 not vote, deliberate, or be counted as a member in attendance at a
1-17 meeting of the board until the person completes a training session
1-18 that complies with this section.
1-19 (b) The training program must provide the person with
1-20 information regarding:
1-21 (1) the legislation that created the department and
1-22 board;
1-23 (2) the programs operated by the department;
1-24 (3) the roles and functions of the department;
2-1 (4) the rules of the department with an emphasis on
2-2 the rules that relate to disciplinary and investigatory authority;
2-3 (5) the current budget for the department;
2-4 (6) the results of the most recent formal audit of the
2-5 department;
2-6 (7) the requirements of:
2-7 (A) the open meetings law, Chapter 551,
2-8 Government Code;
2-9 (B) the public information law, Chapter 552,
2-10 Government Code;
2-11 (C) the administrative procedure law, Chapter
2-12 2001, Government Code; and
2-13 (D) other laws relating to public officials,
2-14 including conflict-of-interest laws; and
2-15 (8) any applicable ethics policies adopted by the
2-16 department or the Texas Ethics Commission.
2-17 (c) A person appointed to the board is entitled to
2-18 reimbursement, as provided by the General Appropriations Act, for
2-19 the travel expenses incurred in attending the training program
2-20 regardless of whether the attendance at the program occurs before
2-21 or after the person qualifies for office.
2-22 SECTION 3. Subsections (d) and (e), Section 532.016, Health
2-23 and Safety Code, are amended to read as follows:
2-24 (d) The commissioner or the commissioner's designee shall
2-25 prepare and maintain a written policy statement that implements [to
2-26 assure implementation of] a program of equal employment opportunity
3-1 to ensure that [under which] all personnel decisions [transactions]
3-2 are made without regard to race, color, disability [handicap], sex,
3-3 religion, age, or national origin. The policy statement must
3-4 include:
3-5 (1) personnel policies, including policies relating to
3-6 recruitment, evaluation, selection, [appointment,] training, and
3-7 promotion of personnel, that show the intent of the department to
3-8 avoid the unlawful employment practices described by Chapter 21,
3-9 Labor Code;
3-10 (2) an analysis of the extent to which the composition
3-11 of the department's personnel is in accordance with state and
3-12 federal law and a description of reasonable methods to achieve
3-13 compliance with state and federal law[;]
3-14 [(2) a comprehensive analysis of the department work
3-15 force that meets federal and state guidelines]; and
3-16 (3) procedures by which a determination can be made of
3-17 significant underutilization in the department work force of all
3-18 persons for whom federal or state guidelines encourage a more
3-19 equitable balance and reasonable methods to appropriately address
3-20 those areas of significant underutilization.
3-21 (e) The [A] policy statement [prepared under Subsection (d)]
3-22 must:
3-23 (1) [cover an annual period;]
3-24 [(2)] be updated [at least] annually;
3-25 (2) be reviewed by the Commission on Human Rights for
3-26 compliance with Subsection (d)(1); and
4-1 (3) be filed with the governor's office [governor].
4-2 SECTION 4. Subchapter A, Chapter 533, Health and Safety
4-3 Code, is amended by adding Section 533.013 to read as follows:
4-4 Sec. 533.013. DUPLICATION OF REHABILITATION SERVICES. The
4-5 department shall enter into an agreement with the Texas
4-6 Rehabilitation Commission that defines the roles and
4-7 responsibilities of the department and the commission regarding the
4-8 agencies' shared client populations. The agreement must establish
4-9 methods to prevent the duplication and fragmentation of employment
4-10 services provided by the agencies.
4-11 SECTION 5. Section 533.032, Health and Safety Code, is
4-12 amended to read as follows:
4-13 Sec. 533.032. LONG-RANGE PLANNING [PLAN]. (a) The
4-14 department shall have a long-range plan covering at least six years
4-15 that includes at least the provisions required by Sections 531.022
4-16 and 531.023, Government Code [Section 10, Article 4413(502),
4-17 Revised Statutes], and Chapter 2056, Government Code. The plan
4-18 must cover the provision of services in and policies for
4-19 state-operated institutions and ensure that the medical needs of
4-20 the most medically fragile persons the department serves are met.
4-21 (b) In developing the plan, the department shall:
4-22 (1) solicit input from:
4-23 (A) local authorities for mental health and
4-24 mental retardation;
4-25 (B) community representatives;
4-26 (C) consumers of mental health and mental
5-1 retardation services, including consumers of campus-based and
5-2 community-based services, and family members of consumers of those
5-3 services; and
5-4 (D) other interested persons; and
5-5 (2) consider the report developed under Subsection
5-6 (c).
5-7 (c) The department shall develop a report containing
5-8 information and recommendations regarding the most efficient
5-9 long-term use and management of the department's campus-based
5-10 facilities. The report must:
5-11 (1) project future bed requirements for state schools
5-12 and state hospitals;
5-13 (2) document the methodology used to develop the
5-14 projection of future bed requirements;
5-15 (3) project maintenance costs for institutional
5-16 facilities;
5-17 (4) recommend strategies to maximize the use of
5-18 institutional facilities; and
5-19 (5) specify how each state school and state hospital
5-20 will:
5-21 (A) serve and support the communities and
5-22 consumers in its service area; and
5-23 (B) fulfill statewide needs for specialized
5-24 services.
5-25 (d) In developing the report under Subsection (c), the
5-26 department shall:
6-1 (1) conduct two public meetings, one meeting to be
6-2 held at the beginning of the process and the second meeting to be
6-3 held at the end of the process, to receive comments from interested
6-4 parties; and
6-5 (2) consider:
6-6 (A) the medical needs of the most medically
6-7 fragile of its clients;
6-8 (B) the provision of services to clients with
6-9 severe and profound mental retardation and to persons with mental
6-10 retardation who are medically fragile or have behavioral problems;
6-11 (C) the program and service preference
6-12 information collected under Section 533.038; and
6-13 (D) input solicited from consumers of services
6-14 of state schools and state hospitals.
6-15 (e) The department shall develop a report analyzing state
6-16 and federally funded residential services for persons with mental
6-17 retardation. The report shall:
6-18 (1) determine any disparity in cost and quality
6-19 outcomes achieved between services provided in state-operated
6-20 programs, including but not limited to ICFs-MR and HCS, and the
6-21 same or comparable services provided by private sector providers;
6-22 and
6-23 (2) identify and quantify the reasons for any
6-24 disparity that exists.
6-25 (f) The department, in preparing the report under Subsection
6-26 (e), shall obtain ongoing input from stakeholders, including
7-1 department staff, private providers, advocates, consumers, and
7-2 family members of consumers.
7-3 (g) The department shall:
7-4 (1) attach the reports required by Subsections (c) and
7-5 (e) to the department's legislative appropriations request for each
7-6 biennium;
7-7 (2) at the time the department presents its
7-8 legislative appropriations request, present the reports to the:
7-9 (A) governor;
7-10 (B) governor's budget office;
7-11 (C) lieutenant governor;
7-12 (D) speaker of the house of representatives;
7-13 (E) Legislative Budget Board; and
7-14 (F) Health and Human Services Commission; and
7-15 (3) update the department's long-range plan biennially
7-16 and include the reports in the plan.
7-17 (h) The department shall, in coordination with the Health
7-18 and Human Services Commission, evaluate the current and long-term
7-19 costs associated with serving inpatient psychiatric needs of
7-20 persons living in counties now served by at least three state
7-21 hospitals within 120 miles of one another. This evaluation shall
7-22 take into consideration the condition of the physical plants and
7-23 other long-term asset management issues associated with the
7-24 operation of the hospitals, as well as other issues associated with
7-25 quality psychiatric care. After such determination is made, the
7-26 Health and Human Services Commission shall begin to take action to
8-1 influence the utilization of these state hospitals in order to
8-2 ensure efficient service delivery.
8-3 SECTION 6. Subchapter B, Chapter 533, Health and Safety
8-4 Code, is amended by adding Section 533.0325 to read as follows:
8-5 Sec. 533.0325. CONTINUUM OF SERVICES IN CAMPUS FACILITIES.
8-6 The board by rule shall establish criteria regarding the uses of
8-7 the department's campus-based facilities as part of a full
8-8 continuum of services.
8-9 SECTION 7. Subchapter B, Chapter 533, Health and Safety
8-10 Code, is amended by adding Sections 533.0345 and 533.0346 to read
8-11 as follows:
8-12 Sec. 533.0345. STATE AGENCY SERVICES STANDARDS. (a) The
8-13 department by rule shall develop model program standards for mental
8-14 health and mental retardation services for use by each state agency
8-15 that provides or pays for mental health or mental retardation
8-16 services. The department shall provide the model standards to each
8-17 agency that provides mental health or mental retardation services
8-18 as identified by the Health and Human Services Commission.
8-19 (b) Model standards developed under Subsection (a) must be
8-20 designed to improve the consistency of mental health and mental
8-21 retardation services provided by or through a state agency.
8-22 (c) Biennially the department shall review the model
8-23 standards developed under Subsection (a) and determine whether each
8-24 standard contributes effectively to the consistency of service
8-25 delivery by state agencies.
8-26 Sec. 533.0346. AUTHORITY TO TRANSFER SERVICES TO COMMUNITY
9-1 CENTERS. (a) The department may transfer operations of and
9-2 services provided at the Amarillo State Center, Beaumont State
9-3 Center, and Laredo State Center to a community center established
9-4 under Chapter 534, including a newly established center providing
9-5 mental retardation services or mental health and mental retardation
9-6 services.
9-7 (b) The transfer may occur only on the department's approval
9-8 of a plan submitted in accordance with Section 534.001(d) or of an
9-9 amendment to a previously approved plan. In developing the plan or
9-10 plan amendment, the center or proposed center proposing to accept
9-11 the state center operation and service responsibilities shall
9-12 consider input from consumers of mental health and mental
9-13 retardation services and family members of and advocates for those
9-14 consumers, organizations that represent affected employees, and
9-15 other providers of mental health and mental retardation services.
9-16 (c) The center or proposed center proposing to accept the
9-17 state center operation and service responsibilities shall publish
9-18 notice of the initial planning meeting regarding the content of the
9-19 plan or plan amendment and of the meeting to review the content of
9-20 the proposed plan or plan amendment before it is submitted under
9-21 Section 534.001(d). The notices must include the time and location
9-22 of the meeting. The notice of the meeting to review the content of
9-23 the plan or amendment must include information regarding how to
9-24 obtain a copy of the proposed plan or amendment. The notices must
9-25 be published not fewer than 30 days and not more than 90 days
9-26 before the date set for the meeting in a newspaper of general
10-1 circulation in each county containing any part of the proposed
10-2 service area. If a county in which notice is required to be
10-3 published does not have a newspaper of general circulation, the
10-4 notices shall be published in a newspaper of general circulation in
10-5 the nearest county in which a newspaper of general circulation is
10-6 published.
10-7 (d) At the time the operations and services are transferred
10-8 to the community center, money supporting the cost of providing
10-9 operations and services at a state center shall be transferred to
10-10 the community center to ensure continuity of services.
10-11 (e) The Amarillo State Center is exempt from the
10-12 requirements listed in Subsections (b) and (c).
10-13 SECTION 8. Subchapter B, Chapter 533, Health and Safety
10-14 Code, is amended by adding Section 533.0351 to read as follows:
10-15 Sec. 533.0351. LOCAL AUTHORITY TECHNICAL ADVISORY COMMITTEE.
10-16 (a) In this section, "local authority" means a local mental health
10-17 or mental retardation authority.
10-18 (b) The commissioner shall establish a nine-member local
10-19 authority advisory committee to advise the commissioner on
10-20 technical and administrative issues that directly affect local
10-21 authority responsibilities.
10-22 (c) The committee is composed of representatives of local
10-23 authorities and one member representing the public appointed by the
10-24 commissioner. In appointing the members, the commissioner shall
10-25 ensure a balanced representation of:
10-26 (1) different regions of this state;
11-1 (2) rural and urban counties; and
11-2 (3) single-county and multicounty local authorities.
11-3 (d) Except for the member representing the public, members
11-4 appointed to the advisory committee must have expertise in the
11-5 day-to-day operations of a local authority.
11-6 (e) The advisory committee shall:
11-7 (1) review rules and proposed rules related to local
11-8 authority operations;
11-9 (2) advise the commissioner regarding evaluation and
11-10 coordination of initiatives related to local authority operations;
11-11 (3) advise and assist the department in developing a
11-12 method of contracting with local authorities that will result in
11-13 contracts that are flexible and responsive to:
11-14 (A) the needs and services of local communities;
11-15 and
11-16 (B) the department's performance expectations;
11-17 (4) coordinate with and monitor the activities of work
11-18 groups whose actions may affect local authority operations;
11-19 (5) report to the board on the committee's activities
11-20 and recommendations at least once each fiscal quarter; and
11-21 (6) work with the commissioner as the commissioner
11-22 directs.
11-23 (f) For any written recommendation the committee makes to
11-24 the department, the department shall provide to the committee a
11-25 written response regarding any action taken on the recommendation
11-26 or the reasons for the department's inaction on the subject of the
12-1 recommendation.
12-2 (g) The committee is subject to Chapter 2110, Government
12-3 Code. The department by rule shall provide, in accordance with
12-4 Section 2110.008, Government Code, that the committee is abolished
12-5 on September 1, 2007, unless the board affirmatively votes to
12-6 continue the committee in existence.
12-7 SECTION 9. Subchapter B, Chapter 533, Health and Safety
12-8 Code, is amended by adding Section 533.0356 to read as follows:
12-9 Sec. 533.0356. LOCAL BEHAVIORAL HEALTH AUTHORITIES. (a) In
12-10 this section, "commission" means the Texas Commission on Alcohol
12-11 and Drug Abuse.
12-12 (b) The department and the commission jointly may designate
12-13 a local behavioral health authority in a local service area to
12-14 provide mental health and chemical dependency services in that
12-15 area. The board and the commission may delegate to an authority
12-16 designated under this section the authority and responsibility for
12-17 planning, policy development, coordination, resource allocation,
12-18 and resource development for and oversight of mental health and
12-19 chemical dependency services in that service area. An authority
12-20 designated under this section has:
12-21 (1) all the responsibilities and duties of a local
12-22 mental health authority provided by Section 533.035 and by
12-23 Subchapter B, Chapter 534; and
12-24 (2) the responsibility and duty to ensure that
12-25 chemical dependency services are provided in the service area as
12-26 described by the statewide service delivery plan adopted under
13-1 Section 461.0124.
13-2 (c) In the planning and implementation of services, the
13-3 authority shall give proportionate priority to mental health
13-4 services and chemical dependency services that ensures that funds
13-5 purchasing services are used in accordance with specific regulatory
13-6 and statutory requirements that govern the respective funds.
13-7 (d) A local mental health authority may apply to the
13-8 department and commission for designation as a local behavioral
13-9 health authority.
13-10 (e) The department and commission, by contract or by a
13-11 case-rate or capitated arrangement or another method of allocation,
13-12 may disburse money, including federal money, to a local behavioral
13-13 health authority for services.
13-14 (f) A local behavioral health authority, with the approval
13-15 of the department or the commission as provided by contract, shall
13-16 use money received under Subsection (e) to ensure that mental
13-17 health and chemical dependency services are provided in the local
13-18 service area at the same level as the level of services previously
13-19 provided through:
13-20 (1) the local mental health authority; and
13-21 (2) the commission.
13-22 (g) In determining whether to designate a local behavioral
13-23 health authority for a service area and in determining the
13-24 functions of the authority if designated, the department and
13-25 commission shall solicit and consider written comments from any
13-26 interested person including community representatives, persons who
14-1 are consumers of the proposed services of the authority, and family
14-2 members of those consumers.
14-3 (h) An authority designated under this section shall
14-4 demonstrate to the department and the commission that services
14-5 involving state funds that the authority oversees comply with
14-6 relevant state standards.
14-7 (i) The board and the commission jointly may adopt rules to
14-8 govern the operations of local behavioral health authorities. The
14-9 department and the commission jointly may assign the local
14-10 behavioral health authority the duty of providing a single point of
14-11 entry for mental health and chemical dependency services.
14-12 SECTION 10. Section 533.038, Health and Safety Code, is
14-13 amended by adding Subsections (d), (e), and (f) to read as follows:
14-14 (d) A person with mental retardation, or a person's legally
14-15 authorized representative, seeking residential services shall
14-16 receive a clear explanation of programs and services for which the
14-17 person is determined to be eligible, including state schools,
14-18 community ICF-MR programs, waiver services under Section 1915(c) of
14-19 the federal Social Security Act (42 U.S.C. Section 1396n(c)), or
14-20 other services. The preferred programs and services chosen by the
14-21 person or the person's legally authorized representative shall be
14-22 documented in the person's record. If the preferred programs or
14-23 services are not available, the person or the person's legally
14-24 authorized representative shall be given assistance in gaining
14-25 access to alternative services and the selected waiting list.
14-26 (e) The department shall ensure that the information
15-1 regarding program and service preferences collected under
15-2 Subsection (d) is documented and maintained in a manner that
15-3 permits the department to access and use the information for
15-4 planning activities conducted under Section 533.032.
15-5 (f) The department may spend money appropriated for the
15-6 state school system only in accordance with limitations imposed by
15-7 the General Appropriations Act.
15-8 SECTION 11. Subchapter B, Chapter 533, Health and Safety
15-9 Code, is amended by adding Section 533.039 to read as follows:
15-10 Sec. 533.039. CLIENT SERVICES OMBUDSMAN. (a) The
15-11 commissioner shall employ an ombudsman responsible for assisting a
15-12 person, or a parent or guardian of a person, who has been denied
15-13 service by the department, a department program or facility, or a
15-14 local mental health or mental retardation authority.
15-15 (b) The ombudsman shall:
15-16 (1) explain and provide information on department and
15-17 local mental health or mental retardation authority services,
15-18 facilities, and programs and the rules, procedures, and guidelines
15-19 applicable to the person denied services; and
15-20 (2) assist the person in gaining access to an
15-21 appropriate program or in placing the person on an appropriate
15-22 waiting list.
15-23 SECTION 12. Subsection (a), Section 534.004, Health and
15-24 Safety Code, is amended to read as follows:
15-25 (a) The local agency or organizational combination of local
15-26 agencies that establishes a community center shall prescribe:
16-1 (1) the application procedure for a position on the
16-2 board of trustees;
16-3 (2) the procedure and criteria for making appointments
16-4 to the board of trustees;
16-5 (3) the procedure for posting notice of and filling a
16-6 vacancy on the board of trustees; and
16-7 (4) the grounds and procedure for removing a member of
16-8 the board of trustees[; and]
16-9 [(5) a procedure to ensure that an appointed member of
16-10 a board of trustees appointed by a local agency or organizational
16-11 combination of local agencies primarily located in only one county
16-12 serves not more than four consecutive and complete two-year terms].
16-13 SECTION 13. Section 534.005, Health and Safety Code, is
16-14 amended to read as follows:
16-15 Sec. 534.005. Terms; Vacancies. (a) Appointed members of
16-16 the board of trustees who are not members of a local agency's
16-17 governing body serve staggered two-year terms. In appointing the
16-18 initial members, the appointing authority shall designate not less
16-19 than one-third or more than one-half of the members to serve
16-20 one-year terms and shall designate the remaining members to serve
16-21 two-year terms.
16-22 (b) A vacancy on a board of trustees composed of qualified
16-23 voters is filled by appointment for the remainder of the unexpired
16-24 term.
16-25 [(c) If the local agency or organizational combination of
16-26 local agencies that appoints the board of trustees is primarily
17-1 located in only one county, a person appointed to the board of
17-2 trustees may not serve more than four consecutive and complete
17-3 two-year terms.]
17-4 SECTION 14. Section 534.007, Health and Safety Code, is
17-5 amended to read as follows:
17-6 Sec. 534.007. PROHIBITED ACTIVITIES BY FORMER OFFICERS OR
17-7 EMPLOYEES; OFFENSE. (a) A [For one year after the date on which
17-8 a] former officer or employee of a community center who ceases
17-9 [terminates] service or employment with the center[, the
17-10 individual] may not represent any person or receive compensation
17-11 for services rendered on behalf of any person regarding a
17-12 particular matter in which the former officer or employee
17-13 participated during the period of employment, either through
17-14 personal involvement or because the case or proceeding was a matter
17-15 within the officer's or employee's official[, directly or
17-16 indirectly, attempt or aid in the attempt to procure a contract
17-17 with the community center in which the individual served or was
17-18 employed if the contract relates to a program or service in which
17-19 the individual was directly concerned or for which the individual
17-20 had administrative] responsibility.
17-21 (b) This section does not apply to:
17-22 (1) a former employee who is compensated on the last
17-23 date of service or employment below the amount prescribed by the
17-24 General Appropriations Act for [step 1,] salary group 17, Schedule
17-25 A, or salary group 9, Schedule B, of the position classification
17-26 salary schedule; or
18-1 (2) a former officer or employee who is employed by a
18-2 state agency or another community center.
18-3 (c) Subsection (a) does not apply to a proceeding related to
18-4 policy development that was concluded before the officer's or
18-5 employee's service or employment ceased.
18-6 (d) A former officer or employee of a community center
18-7 commits an offense if the former officer or employee violates this
18-8 section. An offense under this section is a Class A misdemeanor.
18-9 (e) In this section:
18-10 (1) "Participated" means to have taken action as an
18-11 officer or employee through decision, approval, disapproval,
18-12 recommendation, giving advice, investigation, or similar action.
18-13 (2) "Particular matter" means a specific
18-14 investigation, application, request for a ruling or determination,
18-15 proceeding related to the development of policy, contract, claim,
18-16 charge, accusation, arrest, or judicial or other proceeding.
18-17 SECTION 15. Subsection (b), Section 534.065, Health and
18-18 Safety Code, is amended to read as follows:
18-19 (b) The mental health or mental retardation authority may
18-20 [shall] renew the contract only if the contract meets the criteria
18-21 provided by Section 533.016 [if the authority finds that:]
18-22 [(1) funding is available;]
18-23 [(2) the authority plans to continue the services;]
18-24 [(3) the provider is in substantial compliance with
18-25 each material provision of the contract, unless the authority
18-26 determines that the provision is not legal and enforceable under
19-1 applicable state and federal law;]
19-2 [(4) the provider is providing a reasonably adequate
19-3 level of service in accordance with the contract and at a
19-4 reasonable cost;]
19-5 [(5) the provider agrees to a renewal contract that is
19-6 substantially in compliance with a model contract developed by the
19-7 department under Section 534.055;]
19-8 [(6) the provider was during the term of any contract
19-9 with the authority and is at the time of renewal in compliance with
19-10 applicable laws governing the subject matter of the contract; and]
19-11 [(7) neither the provider nor any of its officers,
19-12 directors, or principal employees has been convicted or found by a
19-13 final administrative decision to have been guilty of fraud or abuse
19-14 in the provision of health care services under a contract with a
19-15 state or federal agency].
19-16 SECTION 16. Subchapter C, Chapter 534, Health and Safety
19-17 Code, is amended by adding Section 534.106 to read as follows:
19-18 Sec. 534.106. CONDITIONS FOR CERTAIN CONTRACTS. A contract
19-19 between the department and a health maintenance organization formed
19-20 by one or more community centers must provide that the health
19-21 maintenance organization may not form a for-profit entity unless
19-22 the organization transfers all of the organization's assets to the
19-23 control of the boards of trustees of the community centers that
19-24 formed the organization.
19-25 SECTION 17. Chapter 461, Health and Safety Code, is amended
19-26 by adding Section 461.0128 to read as follows:
20-1 Sec. 461.0128. STATE AGENCY SERVICES STANDARDS. (a) The
20-2 commission by rule shall develop model program standards for
20-3 substance abuse services for use by each state agency that provides
20-4 or pays for substance abuse services. The commission shall provide
20-5 the model standards to each agency that provides substance abuse
20-6 services as identified by the Health and Human Services Commission.
20-7 (b) Model standards developed under Subsection (a) must be
20-8 designed to improve the consistency of substance abuse services
20-9 provided by or through a state agency.
20-10 (c) Biennially the commission shall review the model
20-11 standards developed under Subsection (a) and determine whether each
20-12 standard contributes effectively to the consistency of service
20-13 delivery by state agencies.
20-14 SECTION 18. Chapter 461, Health and Safety Code, is amended
20-15 by adding Section 461.0129 to read as follows:
20-16 Sec. 461.0129. LOCAL BEHAVIORAL HEALTH AUTHORITIES. The
20-17 commission may designate and provide services through local
20-18 behavioral health authorities as provided by Section 533.0356 and
20-19 rules adopted jointly with the Texas Board of Mental Health and
20-20 Mental Retardation.
20-21 SECTION 19. Section 574.083, Health and Safety Code, is
20-22 amended to read as follows:
20-23 Sec. 574.083. RETURN TO FACILITY UNDER [FACILITY
20-24 ADMINISTRATOR'S CERTIFICATE OR] COURT ORDER. (a) The facility
20-25 administrator of a facility to which a patient was admitted for
20-26 court-ordered inpatient health care services may have an absent
21-1 patient taken into custody, detained, and returned to the facility
21-2 by filing an affidavit as prescribed by Subsection (c)[:]
21-3 [(1) signing a certificate authorizing the patient's
21-4 return; or]
21-5 [(2) filing the certificate] with a magistrate and
21-6 requesting the magistrate to order the patient's return.
21-7 (b) A magistrate may issue an order directing a peace or
21-8 health officer to take a patient into custody and return the
21-9 patient to the facility if the facility administrator files the
21-10 affidavit [certificate as] prescribed by Subsection (c) [this
21-11 section]. An order issued under this subsection extends to any
21-12 part of this state and authorizes any peace officer to whom the
21-13 order is directed or transferred to execute the order.
21-14 (c) An affidavit filed under Subsection (a) must set out
21-15 facts establishing that the patient is receiving court-ordered
21-16 inpatient mental health services at a facility and show that [The
21-17 facility administrator may sign or file the certificate if] the
21-18 facility administrator reasonably believes that:
21-19 (1) the patient is absent without authority from the
21-20 facility;
21-21 (2) the patient has violated the conditions of a pass
21-22 or furlough; or
21-23 (3) the patient's condition has deteriorated to the
21-24 extent that the patient's continued absence from the facility under
21-25 a pass or furlough is inappropriate.
21-26 (d) A peace or health officer shall take the patient into
22-1 custody and return the patient to the facility as soon as possible
22-2 if the patient's return is authorized by [the facility
22-3 administrator's certificate or] the court order.
22-4 (e) The peace or health officer may take the patient into
22-5 custody without having the [certificate or] court order in the
22-6 officer's possession.
22-7 (f) A peace or health officer who cannot immediately return
22-8 a patient to the facility named in the order may transport the
22-9 patient to a local facility for detention. The patient may not be
22-10 detained in a nonmedical facility that is used to detain persons
22-11 who are charged with or convicted of a crime unless detention in
22-12 the facility is warranted by an extreme emergency. If the patient
22-13 is detained at a nonmedical facility:
22-14 (1) the patient:
22-15 (A) may not be detained in the facility for more
22-16 than 24 hours; and
22-17 (B) must be isolated from all persons charged
22-18 with or convicted of a crime; and
22-19 (2) the facility must notify the county health
22-20 authority of the detention.
22-21 (g) The county health authority shall ensure that a patient
22-22 detained in a nonmedical facility under Subsection (f) receives
22-23 proper care and medical attention.
22-24 (h) Notwithstanding other law regarding confidentiality of
22-25 patient information, the facility administrator may release to a
22-26 law enforcement official information about the patient if the
23-1 administrator determines the information is needed to facilitate
23-2 the return of the patient to the facility.
23-3 SECTION 20. Section 593.012, Health and Safety Code, is
23-4 amended to read as follows:
23-5 Sec. 593.012. ABSENT WITHOUT AUTHORITY [PERMISSION].
23-6 (a) The superintendent of a residential care facility to which a
23-7 client has been admitted for court-ordered care and treatment may
23-8 have a client who is absent without authority taken into custody,
23-9 detained, and returned to the facility by filing an affidavit with
23-10 a magistrate in the manner prescribed by Section 574.083 [may
23-11 immediately issue an order authorizing a peace officer to detain a
23-12 resident committed to the facility under Subchapter C who is absent
23-13 from the facility without proper permission].
23-14 (b) The client shall be returned to the residential care
23-15 facility in accordance with the procedures prescribed by Section
23-16 574.083 [A peace officer shall immediately notify the
23-17 superintendent when the officer takes a resident into custody and
23-18 shall promptly arrange the return of the resident to the assigned
23-19 facility on request of the superintendent].
23-20 SECTION 21. (a) The Texas Department of Mental Health and
23-21 Mental Retardation and the Texas Department of Housing and
23-22 Community Affairs shall implement a program to demonstrate the
23-23 effectiveness of interagency cooperation for providing supported
23-24 housing services to individuals with mental illness who reside in
23-25 personal care facilities.
23-26 (b) The Texas Department of Mental Health and Mental
24-1 Retardation and the Texas Department of Housing and Community
24-2 Affairs shall design the supported housing services to give
24-3 individualized assistance to persons to acquire and retain living
24-4 arrangements that are:
24-5 (1) typical of the general population in the area in
24-6 which the services are provided; and
24-7 (2) located among residences of individuals who are
24-8 not receiving the services.
24-9 (c) The supported housing services under the program must be
24-10 provided in accordance with rules of the Texas Department of Mental
24-11 Health and Mental Retardation and may include:
24-12 (1) rental assistance for an individual who:
24-13 (A) meets income guidelines of the Texas
24-14 Department of Housing and Community Affairs; and
24-15 (B) is not receiving housing assistance from the
24-16 federal government;
24-17 (2) consumer rehabilitation services; and
24-18 (3) support services.
24-19 (d) The Texas Department of Mental Health and Mental
24-20 Retardation and the Texas Department of Housing and Community
24-21 Affairs shall work with the Texas Department of Human Services to
24-22 allocate resources for the demonstration program so that priority
24-23 is given to communities that:
24-24 (1) have the greatest number of personal care
24-25 facilities and facilities that do not comply with licensing rules
24-26 for personal care facilities; and
25-1 (2) have supported housing plans that the Texas
25-2 Department of Mental Health and Mental Retardation and the Texas
25-3 Department of Housing and Community Affairs have found to be
25-4 consistent with the purposes of the demonstration program.
25-5 (e) The Texas Department of Mental Health and Mental
25-6 Retardation and the Texas Department of Housing and Community
25-7 Affairs shall establish an application process for communities that
25-8 seek to participate in the demonstration program.
25-9 (f) The Texas Department of Mental Health and Mental
25-10 Retardation and the Texas Department of Housing and Community
25-11 Affairs shall establish a committee to supervise the design and
25-12 implementation of the demonstration program. The committee must
25-13 include representatives of:
25-14 (1) the Texas Department of Mental Health and Mental
25-15 Retardation;
25-16 (2) the Texas Department of Housing and Community
25-17 Affairs;
25-18 (3) the Texas Department of Human Services;
25-19 (4) consumers of mental health services; and
25-20 (5) advocates of persons with mental illness.
25-21 (g) A community may not be selected to participate in the
25-22 demonstration program unless the person that applies for the
25-23 community's participation demonstrates collaboration between the
25-24 local mental health authority and a public housing authority,
25-25 community housing development organization, community development
25-26 corporation, or other housing organization.
26-1 (h) An individual is not eligible for assistance under the
26-2 demonstration program if the individual:
26-3 (1) does not have a mental illness;
26-4 (2) does not reside in a licensed or unlicensed
26-5 personal care facility at the time the individual is first offered
26-6 services under the demonstration program; or
26-7 (3) was placed in a licensed or unlicensed personal
26-8 care facility for the sole purpose of becoming eligible for the
26-9 demonstration program.
26-10 (i) The Texas Department of Mental Health and Mental
26-11 Retardation and the Texas Department of Housing and Community
26-12 Affairs shall implement the demonstration program required by this
26-13 section as soon as possible after the effective date of this Act
26-14 and not later than January 1, 2000.
26-15 (j) On or before January 15, 2001, the Texas Department of
26-16 Mental Health and Mental Retardation and the Texas Department of
26-17 Housing and Community Affairs shall make a joint report to the
26-18 governor, the lieutenant governor, and the speaker of the house of
26-19 representatives. The report must include an evaluation of the
26-20 demonstration program's benefits for individuals who received
26-21 services and recommendations on the continuation or termination of
26-22 the project or commencement of a similar project.
26-23 (k) This section expires August 31, 2001.
26-24 SECTION 22. (a) The commissioner of health and human
26-25 services shall appoint a committee to evaluate the delivery and
26-26 regulation of the services to residents of intermediate care
27-1 facilities for the mentally retarded under Chapters 222 and 252,
27-2 Health and Safety Code. The committee is composed of the following
27-3 nine members:
27-4 (1) four members representing residents, families, and
27-5 advocates;
27-6 (2) three members representing providers;
27-7 (3) one ex officio nonvoting member representing the
27-8 Texas Department of Human Services; and
27-9 (4) one ex officio nonvoting member representing the
27-10 Texas Department of Mental Health and Mental Retardation.
27-11 (b) The committee shall evaluate the impact and feasibility
27-12 of consolidating at the Texas Department of Mental Health and
27-13 Mental Retardation service delivery, licensing, surveying, and
27-14 regulation of intermediate care facilities for the mentally
27-15 retarded. In evaluating that impact and feasibility, the committee
27-16 shall:
27-17 (1) review the current service delivery, licensing,
27-18 surveying, and regulation;
27-19 (2) analyze current consumer and provider satisfaction
27-20 with service delivery, licensing, surveying, and regulation;
27-21 (3) determine the impact on residents and providers of
27-22 consolidating service delivery, licensing, surveying, and
27-23 regulation at the Texas Department of Mental Health and Mental
27-24 Retardation;
27-25 (4) determine if the transfer of service delivery,
27-26 licensing, surveying, and regulation to the Texas Department of
28-1 Mental Health and Mental Retardation from the Texas Department of
28-2 Human Services, or a successor agency, to achieve consolidation is
28-3 in the best interests of the residents; and
28-4 (5) adopt a plan to address the consolidation if the
28-5 committee determines that the transfer is in the best interests of
28-6 the residents.
28-7 (c) The committee shall prepare a report that includes its
28-8 findings and recommendations, including a specific recommendation
28-9 on whether consolidation of service delivery, licensing, surveying,
28-10 and regulation at the Texas Department of Mental Health and Mental
28-11 Retardation is or is not in the best interests of the residents.
28-12 Not later than October 1, 2000, the committee shall present the
28-13 report to the governor, the lieutenant governor, the speaker of the
28-14 house of representatives, and the presiding officers of the house
28-15 and senate committees having jurisdiction over the affected
28-16 agencies.
28-17 SECTION 23. (a) The transfer prescribed by this section may
28-18 not occur if the committee established under Section 22 of this Act
28-19 determines, in accordance with that section, that consolidating
28-20 service delivery, licensing, surveying, and regulation at the Texas
28-21 Department of Mental Health and Mental Retardation is not in the
28-22 best interests of the residents.
28-23 (b) Subject to limitations imposed by Subsection (a) of
28-24 this section or by federal law, on September 1, 2001, the
28-25 licensing, surveying, and regulation of intermediate care
28-26 facilities for the mentally retarded under Chapters 222 and 252,
29-1 Health and Safety Code, are transferred from the Texas Department
29-2 of Human Services, or its successor agency, to the Texas Department
29-3 of Mental Health and Mental Retardation.
29-4 (c) On the transfer of the functions listed in Subsection
29-5 (b) of this section:
29-6 (1) all funds, obligations, and contracts of the Texas
29-7 Department of Human Services related to a listed function are
29-8 transferred to the Texas Department of Mental Health and Mental
29-9 Retardation;
29-10 (2) all property and records in the custody of the
29-11 Texas Department of Human Services related to a listed function and
29-12 all funds appropriated by the legislature to the Texas Department
29-13 of Human Services for a listed function are transferred to the
29-14 Texas Department of Mental Health and Mental Retardation;
29-15 (3) all employees of the Texas Department of Human
29-16 Services who perform duties related to a listed function become
29-17 employees of the Texas Department of Mental Health and Mental
29-18 Retardation, to be assigned duties by that department;
29-19 (4) a rule or form adopted by the Texas Department of
29-20 Human Services that relates to a listed function is a rule or form
29-21 of the Texas Department of Mental Health and Mental Retardation and
29-22 remains in effect until altered by that department; and
29-23 (5) the Texas Department of Mental Health and Mental
29-24 Retardation, in consultation with the commissioner of health and
29-25 human services, shall establish policies and procedures that
29-26 clearly delineate the functions of the department related to
30-1 service delivery and the functions of the department related to
30-2 licensing, surveying, and regulation.
30-3 (d) The secretary of state is authorized to adopt rules as
30-4 necessary to expedite the implementation of Subdivision (4) of
30-5 Subsection (c) of this section.
30-6 (e) The transfer of the functions listed in Subsection (b)
30-7 of this section does not affect or impair any act done, any
30-8 obligation, right, order, license, permit, rule, criterion,
30-9 standard, or requirement existing, any investigation begun, or any
30-10 penalty accrued under former law, and that law remains in effect
30-11 for any action concerning those matters.
30-12 (f) An action brought or proceeding commenced before the
30-13 transfer prescribed by this section is effected, including a
30-14 contested case or a remand of an action or proceeding by a
30-15 reviewing court, is governed by the law and rules applicable to the
30-16 action or proceeding before the date of the transfer.
30-17 (g) After the transfer prescribed by this section is
30-18 effected:
30-19 (1) a reference in law to the Texas Department of
30-20 Human Services that relates to a function listed in Subsection (b)
30-21 of this section means the Texas Department of Mental Health and
30-22 Mental Retardation; and
30-23 (2) a reference in law to the Texas Board of Human
30-24 Services that relates to a function listed in Subsection (b) of
30-25 this section means the Texas Board of Mental Health and Mental
30-26 Retardation.
31-1 (h) The commissioner of health and human services shall
31-2 facilitate and supervise the transfer prescribed by this section
31-3 and shall ensure the proper transfer of money, information,
31-4 equipment, employees, property, and other items necessary for the
31-5 Texas Department of Mental Health and Mental Retardation and the
31-6 Texas Board of Mental Health and Mental Retardation to assume
31-7 responsibility for the licensing, surveying, and regulation of
31-8 intermediate care facilities for the mentally retarded.
31-9 SECTION 24. (a) The changes in law made by Section
31-10 532.0035, Health and Safety Code, as added by this Act, apply only
31-11 to a member of the Texas Board of Mental Health and Mental
31-12 Retardation appointed on or after the effective date of this Act.
31-13 The qualifications of a board member appointed before the effective
31-14 date of this Act are governed by the law as it existed immediately
31-15 before that date and the former law is continued in effect for that
31-16 purpose.
31-17 (b) The changes in law to Section 534.007, Health and Safety
31-18 Code, made by this Act apply only to a person who ceases employment
31-19 on or after the effective date of this Act. The relationship
31-20 between a community center and a former employee who terminated
31-21 employment before the effective date of this Act is governed by
31-22 Section 534.007, Health and Safety Code, as it existed immediately
31-23 before the effective date of this Act, and the former law is
31-24 continued in effect for that purpose.
31-25 (c) The changes in law to Subsection (b), Section 534.065,
31-26 Health and Safety Code, made by this Act apply only to a contract
32-1 considered for renewal on or after the effective date of this Act.
32-2 Actions related to the renewal of a contract that are taken before
32-3 the effective date of this Act and a contract renewed before that
32-4 date are governed by Section 534.065, Health and Safety Code, as it
32-5 existed immediately before the effective date of this Act, and the
32-6 former law is continued in effect for that purpose.
32-7 SECTION 25. This Act takes effect September 1, 1999.
32-8 SECTION 26. The importance of this legislation and the
32-9 crowded condition of the calendars in both houses create an
32-10 emergency and an imperative public necessity that the
32-11 constitutional rule requiring bills to be read on three several
32-12 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 358
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 358 passed the Senate on
April 29, 1999, by a viva-voce vote; May 18, 1999, Senate refused
to concur in House amendments and requested appointment of
Conference Committee; May 20, 1999, House granted request of the
Senate; May 30, 1999, Senate adopted Conference Committee Report by
a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 358 passed the House, with
amendments, on May 14, 1999, by a non-record vote; May 20, 1999,
House granted request of the Senate for appointment of Conference
Committee; May 30, 1999, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor