76R14534 JJT-F
By Madla S.B. No. 358
Substitute the following for S.B. No. 358:
By Gray C.S.S.B. No. 358
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Department
1-3 of Mental Health and Mental Retardation.
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
2-27 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 Commission on Human Rights for
3-25 compliance with Subsection (d)(1); and
3-26 (3) be filed with the governor's office [governor].
3-27 SECTION 4. Subchapter A, Chapter 533, Health and Safety
4-1 Code, is amended by adding Section 533.013 to read as follows:
4-2 Sec. 533.013. DUPLICATION OF REHABILITATION SERVICES. The
4-3 department shall enter into an agreement with the Texas
4-4 Rehabilitation Commission that defines the roles and
4-5 responsibilities of the department and the commission regarding the
4-6 agencies' shared client populations. The agreement must establish
4-7 methods to prevent the duplication and fragmentation of employment
4-8 services provided by the agencies.
4-9 SECTION 5. Section 533.032, Health and Safety Code, is
4-10 amended to read as follows:
4-11 Sec. 533.032. LONG-RANGE PLANNING [PLAN]. (a) The
4-12 department shall have a long-range plan covering at least six years
4-13 that includes at least the provisions required by Sections 531.022
4-14 and 531.023, Government Code [Section 10, Article 4413(502),
4-15 Revised Statutes], and Chapter 2056, Government Code. The plan
4-16 must cover the provision of services in and policies for
4-17 state-operated institutions and ensure that the medical needs of
4-18 the most medically fragile persons the department serves are met.
4-19 (b) In developing the plan, the department shall:
4-20 (1) solicit input from:
4-21 (A) local authorities for mental health and
4-22 mental retardation;
4-23 (B) community representatives;
4-24 (C) consumers of mental health and mental
4-25 retardation services, including consumers of campus-based services,
4-26 and family members of consumers of those services; and
4-27 (D) other interested persons; and
5-1 (2) consider the report developed under Subsection
5-2 (c).
5-3 (c) The department shall develop a report containing
5-4 information and recommendations regarding the most efficient
5-5 long-term use and management of the department's campus-based
5-6 facilities. The report must:
5-7 (1) project future bed requirements for state schools
5-8 and state hospitals;
5-9 (2) document the methodology used to develop the
5-10 projection of future bed requirements;
5-11 (3) project maintenance costs for institutional
5-12 facilities;
5-13 (4) recommend strategies to maximize the use of
5-14 institutional facilities; and
5-15 (5) specify how each state school and state hospital
5-16 will:
5-17 (A) serve and support the communities and
5-18 consumers in its service area; and
5-19 (B) fulfill statewide needs for specialized
5-20 services.
5-21 (d) In developing the report under Subsection (c) the
5-22 department shall consider:
5-23 (1) the medical needs of the most medically fragile of
5-24 its clients;
5-25 (2) the provision of services to clients with severe
5-26 and profound mental retardation and to persons with mental
5-27 retardation who are medically fragile or have behavioral problems;
6-1 (3) the program and service preference information
6-2 collected under Section 533.038; and
6-3 (4) input solicited from consumers of services of
6-4 state schools and state hospitals.
6-5 (e) The department shall:
6-6 (1) attach the report to the department's legislative
6-7 appropriations request for each biennium;
6-8 (2) at the time the department presents its
6-9 legislative appropriations request, present the report to the:
6-10 (A) governor;
6-11 (B) governor's budget office;
6-12 (C) lieutenant governor;
6-13 (D) speaker of the house of representatives;
6-14 (E) Legislative Budget Board; and
6-15 (F) Health and Human Services Commission; and
6-16 (3) update the department's long-range plan biennially
6-17 and include the report in the plan.
6-18 SECTION 6. Subchapter B, Chapter 533, Health and Safety
6-19 Code, is amended by adding Section 533.0325 to read as follows:
6-20 Sec. 533.0325. CONTINUUM OF SERVICES IN CAMPUS FACILITIES.
6-21 The board by rule shall establish criteria regarding the uses of
6-22 the department's campus-based facilities as part of a full
6-23 continuum of services.
6-24 SECTION 7. Subchapter B, Chapter 533, Health and Safety
6-25 Code, is amended by adding Sections 533.0345 and 533.0346 to read
6-26 as follows:
6-27 Sec. 533.0345. STATE AGENCY SERVICES STANDARDS. (a) The
7-1 department by rule shall develop model program standards for mental
7-2 health and mental retardation services for use by each state agency
7-3 that provides or pays for mental health or mental retardation
7-4 services. The department shall provide the model standards to each
7-5 agency that provides mental health or mental retardation services
7-6 as identified by the Health and Human Services Commission.
7-7 (b) Model standards developed under Subsection (a) must be
7-8 designed to improve the consistency of mental health and mental
7-9 retardation services provided by or through a state agency.
7-10 (c) Biennially the department shall review the model
7-11 standards developed under Subsection (a) and determine whether each
7-12 standard contributes effectively to the consistency of service
7-13 delivery by state agencies.
7-14 Sec. 533.0346. AUTHORITY TO TRANSFER SERVICES TO COMMUNITY
7-15 CENTERS. The department may transfer operations of and services
7-16 provided at the Amarillo State Center, Beaumont State Center, or
7-17 Laredo State Center to a community center established under Chapter
7-18 534.
7-19 SECTION 8. Subchapter B, Chapter 533, Health and Safety
7-20 Code, is amended by adding Section 533.0351 to read as follows:
7-21 Sec. 533.0351. LOCAL AUTHORITY TECHNICAL ADVISORY COMMITTEE.
7-22 (a) In this section "local authority" means a local mental health
7-23 or mental retardation authority.
7-24 (b) The commissioner shall establish a nine-member local
7-25 authority advisory committee to advise the commissioner on
7-26 technical and administrative issues that directly affect local
7-27 authority responsibilities.
8-1 (c) The committee is composed of representatives of local
8-2 authorities and one member representing the public appointed by the
8-3 commissioner. In appointing the members, the commissioner shall
8-4 ensure a balanced representation of:
8-5 (1) different regions of this state;
8-6 (2) rural and urban counties; and
8-7 (3) single-county and multicounty local authorities.
8-8 (d) Except for the member representing the public, members
8-9 appointed to the advisory committee must have expertise in the
8-10 day-to-day operations of a local authority.
8-11 (e) The advisory committee shall:
8-12 (1) review rules and proposed rules related to local
8-13 authority operations;
8-14 (2) advise the commissioner regarding evaluation and
8-15 coordination of initiatives related to local authority operations;
8-16 (3) advise and assist the department in developing a
8-17 method of contracting with local authorities that will result in
8-18 contracts that are flexible and responsive to:
8-19 (A) the needs and services of local communities;
8-20 and
8-21 (B) the department's performance expectations;
8-22 (4) coordinate with and monitor the activities of work
8-23 groups whose actions may affect local authority operations;
8-24 (5) report to the board on the committee's activities
8-25 and recommendations at least once each fiscal quarter; and
8-26 (6) work with the commissioner as the commissioner
8-27 directs.
9-1 (f) For any written recommendation the committee makes to
9-2 the department, the department shall provide to the committee a
9-3 written response regarding any action taken on the recommendation
9-4 or the reasons for the department's inaction on the subject of the
9-5 recommendation.
9-6 (g) The committee is subject to Chapter 2110, Government
9-7 Code. The department by rule shall provide, in accordance with
9-8 Section 2110.008, Government Code, that the committee is abolished
9-9 on September 1, 2007, unless the board affirmatively votes to
9-10 continue the committee in existence.
9-11 SECTION 9. Subchapter B, Chapter 533, Health and Safety
9-12 Code, is amended by adding Section 533.0356 to read as follows:
9-13 Sec. 533.0356. LOCAL BEHAVIORAL HEALTH AUTHORITIES. (a) In
9-14 this section, "commission" means the Texas Commission on Alcohol
9-15 and Drug Abuse.
9-16 (b) The department and the commission jointly may designate
9-17 a local behavioral health authority in a local service area to
9-18 provide mental health and chemical dependency services in that
9-19 area. The board and the commission may delegate to an authority
9-20 designated under this section the authority and responsibility for
9-21 planning, policy development, coordination, resource allocation,
9-22 and resource development for and oversight of mental health and
9-23 chemical dependency services in that service area. An authority
9-24 designated under this section has:
9-25 (1) all the responsibilities and duties of a local
9-26 mental health authority provided by Section 533.035 and by
9-27 Subchapter B, Chapter 534; and
10-1 (2) the responsibility and duty to ensure that
10-2 chemical dependency services are provided in the service area as
10-3 described by the statewide service delivery plan adopted under
10-4 Section 461.0124.
10-5 (c) In the planning and implementation of services, the
10-6 authority shall give proportionate priority to mental health
10-7 services and chemical dependency services that ensures that funds
10-8 purchasing services are used in accordance with specific regulatory
10-9 and statutory requirements that govern the respective funds.
10-10 (d) A local mental health authority may apply to the
10-11 department and commission for designation as a local behavioral
10-12 health authority.
10-13 (e) The department and commission, by contract or by a
10-14 case-rate or capitated arrangement or another method of allocation,
10-15 may disburse money, including federal money, to a local behavioral
10-16 health authority for services.
10-17 (f) A local behavioral health authority, with the approval
10-18 of the department or the commission as provided by contract, shall
10-19 use money received under Subsection (e) to ensure that mental
10-20 health and chemical dependency services are provided in the local
10-21 service area at the same level as the level of services previously
10-22 provided through:
10-23 (1) the local mental health authority; and
10-24 (2) the commission.
10-25 (g) In determining whether to designate a local behavioral
10-26 health authority for a service area and in determining the
10-27 functions of the authority if designated, the department and
11-1 commission shall solicit and consider written comments from any
11-2 interested person including community representatives, persons who
11-3 are consumers of the proposed services of the authority, and family
11-4 members of those consumers.
11-5 (h) An authority designated under this section shall
11-6 demonstrate to the department and the commission that services
11-7 involving state funds that the authority oversees comply with
11-8 relevant state standards.
11-9 (i) The board and the commission jointly may adopt rules to
11-10 govern the operations of local behavioral health authorities. The
11-11 department and the commission jointly may assign the local
11-12 behavioral health authority the duty of providing a single point of
11-13 entry for mental health and chemical dependency services.
11-14 SECTION 10. Section 533.038, Health and Safety Code, is
11-15 amended by adding Subsections (d), (e), and (f) to read as follows:
11-16 (d) A person with mental retardation, or a person's legally
11-17 authorized representative, seeking residential services shall
11-18 receive a clear explanation of programs and services for which the
11-19 person is determined to be eligible, including state schools,
11-20 community ICF-MR programs waiver services under Section 1915(c) of
11-21 the federal Social Security Act (42 U.S.C. Section 1396n(c)), or
11-22 other services. The preferred programs and services chosen by the
11-23 person or the person's legally authorized representative shall be
11-24 documented in the person's record. If the preferred programs or
11-25 services are not available, the person or the person's legally
11-26 authorized representative shall be given assistance in gaining
11-27 access to alternative services and the selected waiting list.
12-1 (e) The department shall ensure that the information
12-2 regarding program and service preferences collected under
12-3 Subsection (d) is documented and maintained in a manner that
12-4 permits the department to access and use the information for
12-5 planning activities conducted under Section 533.032.
12-6 (f) The department may spend money appropriated for the
12-7 state school system only in accordance with limitations imposed by
12-8 the General Appropriations Act.
12-9 SECTION 11. Subchapter B, Chapter 533, Health and Safety
12-10 Code, is amended by adding Section 533.039 to read as follows:
12-11 Sec. 533.039. CLIENT SERVICES OMBUDSMAN. (a) The
12-12 commissioner shall employ an ombudsman responsible for assisting a
12-13 person, or a parent or guardian of a person, who has been denied
12-14 service by the department, a department program or facility, or a
12-15 local mental health or mental retardation authority.
12-16 (b) The ombudsman shall:
12-17 (1) explain and provide information on department and
12-18 local mental health or mental retardation authority services,
12-19 facilities, and programs and the rules, procedures, and guidelines
12-20 applicable to the person denied services; and
12-21 (2) assist the person in gaining access to an
12-22 appropriate program or in placing the person on an appropriate
12-23 waiting list.
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
12-27 agencies that establishes a community center shall prescribe:
13-1 (1) the application procedure for a position on the
13-2 board of trustees;
13-3 (2) the procedure and criteria for making appointments
13-4 to the board of trustees;
13-5 (3) the procedure for posting notice of and filling a
13-6 vacancy on the board of trustees; and
13-7 (4) the grounds and procedure for removing a member of
13-8 the board of trustees[; and]
13-9 [(5) a procedure to ensure that an appointed member of
13-10 a board of trustees appointed by a local agency or organizational
13-11 combination of local agencies primarily located in only one county
13-12 serves not more than four consecutive and complete two-year terms].
13-13 SECTION 13. Section 534.005, Health and Safety Code, is
13-14 amended to read as follows:
13-15 Sec. 534.005. Terms; Vacancies. (a) Appointed members of
13-16 the board of trustees who are not members of a local agency's
13-17 governing body serve staggered two-year terms. In appointing the
13-18 initial members, the appointing authority shall designate not less
13-19 than one-third or more than one-half of the members to serve
13-20 one-year terms and shall designate the remaining members to serve
13-21 two-year terms.
13-22 (b) A vacancy on a board of trustees composed of qualified
13-23 voters is filled by appointment for the remainder of the unexpired
13-24 term.
13-25 [(c) If the local agency or organizational combination of
13-26 local agencies that appoints the board of trustees is primarily
13-27 located in only one county, a person appointed to the board of
14-1 trustees may not serve more than four consecutive and complete
14-2 two-year terms.]
14-3 SECTION 14. Section 534.007, Health and Safety Code, is
14-4 amended to read as follows:
14-5 Sec. 534.007. PROHIBITED ACTIVITIES BY FORMER OFFICERS OR
14-6 EMPLOYEES; OFFENSE. (a) A [For one year after the date on which
14-7 a] former officer or employee of a community center who ceases
14-8 [terminates] service or employment with the center[, the
14-9 individual] may not represent any person or receive compensation
14-10 for services rendered on behalf of any person regarding a
14-11 particular matter in which the former officer or employee
14-12 participated during the period of employment, either through
14-13 personal involvement or because the case or proceeding was a matter
14-14 within the officer's or employee's official[, directly or
14-15 indirectly, attempt or aid in the attempt to procure a contract
14-16 with the community center in which the individual served or was
14-17 employed if the contract relates to a program or service in which
14-18 the individual was directly concerned or for which the individual
14-19 had administrative] responsibility.
14-20 (b) This section does not apply to:
14-21 (1) a former employee who is compensated on the last
14-22 date of service or employment below the amount prescribed by the
14-23 General Appropriations Act for [step 1,] salary group 17, Schedule
14-24 A, or salary group 9, Schedule B, of the position classification
14-25 salary schedule; or
14-26 (2) a former officer or employee who is employed by a
14-27 state agency or another community center.
15-1 (c) Subsection (a) does not apply to a proceeding related to
15-2 policy development that was concluded before the officer's or
15-3 employee's service or employment ceased.
15-4 (d) A former officer or employee of a community center
15-5 commits an offense if the former officer or employee violates this
15-6 section. An offense under this section is a Class A misdemeanor.
15-7 (e) In this section:
15-8 (1) "Participated" means to have taken action as an
15-9 officer or employee through decision, approval, disapproval,
15-10 recommendation, giving advice, investigation, or similar action.
15-11 (2) "Particular matter" means a specific
15-12 investigation, application, request for a ruling or determination,
15-13 proceeding related to the development of policy, contract, claim,
15-14 charge, accusation, arrest, or judicial or other proceeding.
15-15 SECTION 15. Subsection (b), Section 534.065, Health and
15-16 Safety Code, is amended to read as follows:
15-17 (b) The mental health or mental retardation authority may
15-18 [shall] renew the contract only if the contract meets the criteria
15-19 provided by Section 533.016 [if the authority finds that:]
15-20 [(1) funding is available;]
15-21 [(2) the authority plans to continue the services;]
15-22 [(3) the provider is in substantial compliance with
15-23 each material provision of the contract, unless the authority
15-24 determines that the provision is not legal and enforceable under
15-25 applicable state and federal law;]
15-26 [(4) the provider is providing a reasonably adequate
15-27 level of service in accordance with the contract and at a
16-1 reasonable cost;]
16-2 [(5) the provider agrees to a renewal contract that is
16-3 substantially in compliance with a model contract developed by the
16-4 department under Section 534.055;]
16-5 [(6) the provider was during the term of any contract
16-6 with the authority and is at the time of renewal in compliance with
16-7 applicable laws governing the subject matter of the contract; and]
16-8 [(7) neither the provider nor any of its officers,
16-9 directors, or principal employees has been convicted or found by a
16-10 final administrative decision to have been guilty of fraud or abuse
16-11 in the provision of health care services under a contract with a
16-12 state or federal agency].
16-13 SECTION 16. Chapter 461, Health and Safety Code, is amended
16-14 by adding Section 461.0128 to read as follows:
16-15 Sec. 461.0128. STATE AGENCY SERVICES STANDARDS. (a) The
16-16 commission by rule shall develop model program standards for
16-17 substance abuse services for use by each state agency that provides
16-18 or pays for substance abuse services. The commission shall provide
16-19 the model standards to each agency that provides substance abuse as
16-20 identified by the Health and Human Services Commission.
16-21 (b) Model standards developed under Subsection (a) must be
16-22 designed to improve the consistency of substance abuse services
16-23 provided by or through a state agency.
16-24 (c) Biennially the commission shall review the model
16-25 standards developed under Subsection (a) and determine whether each
16-26 standard contributes effectively to the consistency of service
16-27 delivery by state agencies.
17-1 SECTION 17. Chapter 461, Health and Safety Code, is amended
17-2 by adding Section 461.0129 to read as follows:
17-3 Sec. 461.0129. LOCAL BEHAVIORAL HEALTH AUTHORITIES. The
17-4 commission may designate and provide services through local
17-5 behavioral health authorities as provided by Section 533.0356 and
17-6 rules adopted jointly with the Texas Board of Mental Health and
17-7 Mental Retardation.
17-8 SECTION 18. (a) The changes in law made by Section
17-9 532.0035, Health and Safety Code, as added by this Act, apply only
17-10 to a member of the Texas Board of Mental Health and Mental
17-11 Retardation appointed on or after the effective date of this Act.
17-12 The qualifications of a board member appointed before the effective
17-13 date of this Act are governed by the law as it existed immediately
17-14 before that date and the former law is continued in effect for that
17-15 purpose.
17-16 (b) The changes in law to Section 534.007, Health and Safety
17-17 Code, made by this Act apply only to a person who ceases employment
17-18 on or after the effective date of this Act. The relationship
17-19 between a community center and a former employee who terminated
17-20 employment before the effective date of this Act is governed by
17-21 Section 534.007, Health and Safety Code, as it existed immediately
17-22 before the effective date of this Act, and the former law is
17-23 continued in effect for that purpose.
17-24 (c) The changes in law to Subsection (b), Section 534.065,
17-25 Health and Safety Code, made by this Act apply only to a contract
17-26 considered for renewal on or after the effective date of this Act.
17-27 Actions related to the renewal of a contract that are taken before
18-1 the effective date of this Act and a contract renewed before that
18-2 date are governed by Section 534.065, Health and Safety Code, as it
18-3 existed immediately before the effective date of this Act, and the
18-4 former law is continued in effect for that purpose.
18-5 SECTION 19. This Act takes effect September 1, 1999.
18-6 SECTION 20. The importance of this legislation and the
18-7 crowded condition of the calendars in both houses create an
18-8 emergency and an imperative public necessity that the
18-9 constitutional rule requiring bills to be read on three several
18-10 days in each house be suspended, and this rule is hereby suspended.