By Madla S.B. No. 358
76R825 JJT-D
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, 2007 [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. Sections 532.016(d) and (e), Health and Safety
2-23 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 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].
3-27 SECTION 4. Chapter 532, Health and Safety Code, is amended
4-1 by adding Section 532.0175 to read as follows:
4-2 Sec. 532.0175. BIENNIAL REPORT ON FACILITIES USE. (a) The
4-3 department shall develop a report containing recommendations and
4-4 information regarding the most efficient long-term use of the
4-5 department's campus-based facilities. The report must include a
4-6 summary of the plan required by Section 533.032.
4-7 (b) The department shall:
4-8 (1) attach the report to its legislative
4-9 appropriations request for each biennium; and
4-10 (2) at the time the department presents that request,
4-11 present the report to the:
4-12 (A) governor's office;
4-13 (B) governor's budget office;
4-14 (C) lieutenant governor;
4-15 (D) speaker of the house of representatives;
4-16 (E) Legislative Budget Board; and
4-17 (F) Health and Human Services Commission.
4-18 SECTION 5. Subchapter A, Chapter 533, Health and Safety
4-19 Code, is amended by adding Section 533.013 to read as follows:
4-20 Sec. 533.013. DUPLICATION OF REHABILITATION SERVICES. The
4-21 board shall enter into an agreement with the Texas Rehabilitation
4-22 Commission that defines the roles and responsibilities of the
4-23 department and the commission regarding the agencies' shared client
4-24 populations. The agreement must establish methods to prevent the
4-25 duplication and fragmentation of employment services provided by
4-26 the agencies.
4-27 SECTION 6. Section 533.032, Health and Safety Code, is
5-1 amended to read as follows:
5-2 Sec. 533.032. LONG-RANGE PLANNING [PLAN]. (a) The
5-3 department shall have a long-range plan covering at least six years
5-4 that includes at least the provisions required by Sections 531.022
5-5 and 531.023, Government Code [Section 10, Article 4413(502),
5-6 Revised Statutes], and Chapter 2056, Government Code.
5-7 (b) The board shall adopt a long-range plan for
5-8 state-operated institutions. In developing the plan, the
5-9 department must solicit input from local community centers,
5-10 community representatives, and other interested persons.
5-11 (c) The plan must:
5-12 (1) project future bed requirements for state schools
5-13 and state hospitals;
5-14 (2) document the methodology used to develop the
5-15 projection of future bed requirements;
5-16 (3) project maintenance costs for institutional
5-17 facilities;
5-18 (4) recommend strategies to maximize the use of
5-19 institutional facilities; and
5-20 (5) specify how each state school and state hospital
5-21 will:
5-22 (A) serve and support the communities and
5-23 consumers in its service area; and
5-24 (B) fulfill statewide needs for specialized
5-25 services.
5-26 SECTION 7. Subchapter B, Chapter 533, Health and Safety
5-27 Code, is amended by adding Section 533.0325 to read as follows:
6-1 Sec. 533.0325. CONTINUUM OF SERVICES IN CAMPUS FACILITIES.
6-2 The board by rule shall establish criteria regarding the uses of
6-3 the department's campus-based facilities to ensure that the
6-4 facilities offer a full continuum of services.
6-5 SECTION 8. Subchapter B, Chapter 533, Health and Safety
6-6 Code, is amended by adding Section 533.0345 to read as follows:
6-7 Sec. 533.0345. STATE AGENCY SERVICES STANDARDS. (a) The
6-8 board by rule shall establish standards of care for mental health
6-9 services provided by a state agency or a state agency's
6-10 contractors.
6-11 (b) Standards under Subsection (a) must be designed to
6-12 ensure that the quality of mental health services provided by or
6-13 through an agency of this state is consistent with that provided by
6-14 the department.
6-15 (c) Biennially, the department shall review the standards
6-16 established under this section and determine whether each standard
6-17 is necessary to ensure consistent quality of care.
6-18 SECTION 9. Subchapter B, Chapter 533, Health and Safety
6-19 Code, is amended by adding Section 533.0351 to read as follows:
6-20 Sec. 533.0351. LOCAL AUTHORITY ADVISORY COMMITTEE. (a) In
6-21 this section "local authority" means a local mental health or
6-22 mental retardation authority.
6-23 (b) The commissioner shall establish a nine-member local
6-24 authority advisory committee.
6-25 (c) The committee is composed of representatives of local
6-26 authorities appointed by the commissioner. In appointing the
6-27 members, the commissioner shall ensure equal representation from:
7-1 (1) different regions of this state;
7-2 (2) rural and urban counties; and
7-3 (3) multi-county local authorities.
7-4 (d) The advisory committee shall:
7-5 (1) review rules and proposed rules related to local
7-6 authorities;
7-7 (2) advise the department in its evaluation and
7-8 coordination of initiatives that affect local operations directly;
7-9 (3) advise and assist the department in developing a
7-10 proposal-based method of contracting with local authorities;
7-11 (4) coordinate and monitor activities of work groups
7-12 whose actions may affect local service delivery;
7-13 (5) report to the board at least once each fiscal
7-14 quarter; and
7-15 (6) work with the commissioner as the commissioner
7-16 directs.
7-17 (e) For any recommendation the committee makes to the
7-18 department, the department shall provide to the committee a written
7-19 response regarding any action taken on the recommendation or the
7-20 reasons for the department's inaction on the subject of the
7-21 recommendation.
7-22 (f) The committee is subject to Chapter 2110, Government
7-23 Code. The department by rule shall provide, in accordance with
7-24 Section 2110.008, Government Code, that the committee is abolished
7-25 on September 1, 2007, unless the board affirmatively votes to
7-26 continue the committee in existence.
7-27 SECTION 10. Subchapter B, Chapter 533, Health and Safety
8-1 Code, is amended by adding Section 533.0356 to read as follows:
8-2 Sec. 533.0356. LOCAL BEHAVIORAL HEALTH AUTHORITIES. (a) In
8-3 this section, "commission" means the Texas Commission on Alcohol
8-4 and Drug Abuse.
8-5 (b) As the board determines appropriate, the department
8-6 shall integrate the department's local service delivery structure
8-7 with that of the commission through the creation of local
8-8 behavioral health authorities.
8-9 (c) A local behavioral health authority shall:
8-10 (1) plan and supervise the delivery of mental health
8-11 and substance abuse services in the authority's region to ensure
8-12 consistent:
8-13 (A) quality of care for mental health and
8-14 substance abuse services; and
8-15 (B) access to mental health and substance abuse
8-16 services;
8-17 (2) provide training, information, management, and
8-18 administrative support functions for department and commission
8-19 programs in the authority's region;
8-20 (3) provide a single point of entry for mental health
8-21 or substance abuse services with centralized screening, intake,
8-22 assessment, and scheduling of patients for services of either type;
8-23 (4) facilitate integrated case management for clients
8-24 receiving both mental health and substance abuse services; and
8-25 (5) conduct assessments of mental health and substance
8-26 abuse services needs in the authority's region.
8-27 SECTION 11. Subchapter B, Chapter 533, Health and Safety
9-1 Code, is amended by adding Section 533.039 to read as follows:
9-2 Sec. 533.039. CLIENT SERVICES OMBUDSMAN. (a) The
9-3 commissioner shall employ an ombudsman responsible for assisting a
9-4 person, or a parent or guardian of a person, who has been denied
9-5 service by the department, a department program or facility, or a
9-6 local mental health or mental retardation authority.
9-7 (b) The ombudsman shall:
9-8 (1) explain and provide information on department and
9-9 local mental health or mental retardation authority services,
9-10 facilities, and programs, and the rules, procedures, and guidelines
9-11 applicable to the person denied services; and
9-12 (2) refer the person to an appropriate program,
9-13 facility, or service of the department or any other entity, if any.
9-14 SECTION 12. Section 534.007, Health and Safety Code, is
9-15 amended to read as follows:
9-16 Sec. 534.007. PROHIBITED ACTIVITIES BY FORMER OFFICERS OR
9-17 EMPLOYEES; OFFENSE. (a) A [For one year after the date on which
9-18 a] former officer or employee of a community center who ceases
9-19 [terminates] service or employment with the center[, the
9-20 individual] may not represent any person or receive compensation
9-21 for services rendered on behalf of any person regarding a
9-22 particular matter in which the former officer or employee
9-23 participated during the period of employment, either through
9-24 personal involvement or because the case or proceeding was a matter
9-25 within the officer's or employee's official[, directly or
9-26 indirectly, attempt or aid in the attempt to procure a contract
9-27 with the community center in which the individual served or was
10-1 employed if the contract relates to a program or service in which
10-2 the individual was directly concerned or for which the individual
10-3 had administrative] responsibility.
10-4 (b) This section does not apply to:
10-5 (1) a former employee who is compensated on the last
10-6 date of service or employment below the amount prescribed by the
10-7 General Appropriations Act for step 1, salary group 17, of the
10-8 position classification salary schedule; or
10-9 (2) a former officer or employee who is employed by a
10-10 state agency or another community center.
10-11 (c) Subsection (a) does not apply to a proceeding related to
10-12 policy development that was concluded before the officer's or
10-13 employee's service or employment ceased.
10-14 (d) A former officer or employee of a community center
10-15 commits an offense if the former officer or employee violates this
10-16 section. An offense under this section is a Class A misdemeanor.
10-17 (e) In this section:
10-18 (1) "Participated" means to have taken action as an
10-19 officer or employee through decision, approval, disapproval,
10-20 recommendation, giving advice, investigation, or similar action.
10-21 (2) "Particular matter" means a specific
10-22 investigation, application, request for a ruling or determination,
10-23 proceeding related to the development of policy, contract, claim,
10-24 charge, accusation, arrest, or judicial or other proceeding.
10-25 SECTION 13. Section 534.065(b), Health and Safety Code, is
10-26 amended to read as follows:
10-27 (b) The mental health or mental retardation authority may
11-1 [shall] renew the contract only if the contract meets the criteria
11-2 provided by Sections 2155.074 and 2155.144, Government Code [if the
11-3 authority finds that:]
11-4 [(1) funding is available;]
11-5 [(2) the authority plans to continue the services;]
11-6 [(3) the provider is in substantial compliance with
11-7 each material provision of the contract, unless the authority
11-8 determines that the provision is not legal and enforceable under
11-9 applicable state and federal law;]
11-10 [(4) the provider is providing a reasonably adequate
11-11 level of service in accordance with the contract and at a
11-12 reasonable cost;]
11-13 [(5) the provider agrees to a renewal contract that is
11-14 substantially in compliance with a model contract developed by the
11-15 department under Section 534.055;]
11-16 [(6) the provider was during the term of any contract
11-17 with the authority and is at the time of renewal in compliance with
11-18 applicable laws governing the subject matter of the contract; and]
11-19 [(7) neither the provider nor any of its officers,
11-20 directors, or principal employees has been convicted or found by a
11-21 final administrative decision to have been guilty of fraud or abuse
11-22 in the provision of health care services under a contract with a
11-23 state or federal agency].
11-24 SECTION 14. Chapter 461, Health and Safety Code, is amended
11-25 by adding Section 461.0128 to read as follows:
11-26 Sec. 461.0128. STATE AGENCY SERVICES STANDARDS. (a) The
11-27 commission by rule shall establish standards of care for substance
12-1 abuse services provided by a state agency or a state agency's
12-2 contractors.
12-3 (b) Standards under Subsection (a) must be designed to
12-4 ensure that the quality of substance abuse services provided by or
12-5 through an agency of this state is consistent with that provided by
12-6 the commission.
12-7 (c) Biennially, the commission shall review the standards
12-8 established under this section and determine whether each standard
12-9 is necessary to ensure consistent quality of care.
12-10 SECTION 15. Chapter 461, Health and Safety Code, is amended
12-11 by adding Section 461.0129 to read as follows:
12-12 Sec. 461.0129. LOCAL BEHAVIORAL HEALTH AUTHORITIES. (a) In
12-13 this section, "department" means the Texas Department of Mental
12-14 Health and Mental Retardation.
12-15 (b) As the commission determines appropriate, the commission
12-16 shall integrate the commission's local service delivery structure
12-17 with that of the department through the creation of local
12-18 behavioral health authorities.
12-19 (c) A local behavioral health authority shall:
12-20 (1) plan and supervise the delivery of mental health
12-21 and substance abuse services in the authority's region to ensure
12-22 consistent:
12-23 (A) quality of care for mental health and
12-24 substance abuse services; and
12-25 (B) access to mental health and substance abuse
12-26 services;
12-27 (2) provide training, information, management, and
13-1 administrative support functions for department and commission
13-2 programs in the authority's region;
13-3 (3) provide a single point of entry for mental health
13-4 or substance abuse services with centralized screening, intake,
13-5 assessment, and scheduling of patients for services of either type;
13-6 (4) facilitate integrated case management for clients
13-7 receiving both mental health and substance abuse services; and
13-8 (5) conduct assessments of mental health and substance
13-9 abuse services needs in the authority's region.
13-10 SECTION 16. (a) The changes in law made by Section
13-11 532.0035, Health and Safety Code, as added by this Act, apply only
13-12 to a member of the Texas Board of Mental Health and Mental
13-13 Retardation appointed on or after the effective date of this Act.
13-14 The qualifications of a director appointed before the effective
13-15 date of this Act are governed by the law as it existed immediately
13-16 before that date and the former law is continued in effect for that
13-17 purpose.
13-18 (b) The changes in law to Section 534.007, Health and Safety
13-19 Code, made by this Act apply only to a person who ceases employment
13-20 on or after the effective date of this Act. The relationship
13-21 between a community center and a former employee who terminated
13-22 employment before the effective date of this Act is governed by
13-23 Section 534.007, Health and Safety Code, as it existed immediately
13-24 before the effective date of this Act, and the former law is
13-25 continued in effect for that purpose.
13-26 (c) The changes in law to Section 534.065(b), Health and
13-27 Safety Code, made by this Act apply only to a contract considered
14-1 for renewal on or after the effective date of this Act. Actions
14-2 related to the renewal of a contract that are taken before the
14-3 effective date of this Act and a contract renewed before that date
14-4 are governed by Section 534.065, Health and Safety Code, as it
14-5 existed immediately before the effective date of this Act, and the
14-6 former law is continued in effect for that purpose.
14-7 SECTION 17. This Act takes effect September 1, 1999.
14-8 SECTION 18. The importance of this legislation and the
14-9 crowded condition of the calendars in both houses create an
14-10 emergency and an imperative public necessity that the
14-11 constitutional rule requiring bills to be read on three several
14-12 days in each house be suspended, and this rule is hereby suspended.