1-1 By: Madla S.B. No. 358
1-2 (In the Senate - Filed February 16, 1999; February 17, 1999,
1-3 read first time and referred to Committee on Health Services;
1-4 March 18, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 18, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 358 By: Madla
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the continuation and functions of the Texas Department
1-11 of Mental Health and Mental Retardation.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 532.002, Health and Safety Code, is
1-14 amended to read as follows:
1-15 Sec. 532.002. SUNSET PROVISION. The Texas Department of
1-16 Mental Health and Mental Retardation is subject to Chapter 325,
1-17 Government Code (Texas Sunset Act). Unless continued in existence
1-18 as provided by that Act, the department is abolished and this
1-19 chapter expires September 1, 2011 [1999].
1-20 SECTION 2. Chapter 532, Health and Safety Code, is amended
1-21 by adding Section 532.0035 to read as follows:
1-22 Sec. 532.0035. BOARD TRAINING. (a) A person who is
1-23 appointed to and qualifies for office as a member of the board may
1-24 not vote, deliberate, or be counted as a member in attendance at a
1-25 meeting of the board until the person completes a training session
1-26 that complies with this section.
1-27 (b) The training program must provide the person with
1-28 information regarding:
1-29 (1) the legislation that created the department and
1-30 board;
1-31 (2) the programs operated by the department;
1-32 (3) the roles and functions of the department;
1-33 (4) the rules of the department with an emphasis on
1-34 the rules that relate to disciplinary and investigatory authority;
1-35 (5) the current budget for the department;
1-36 (6) the results of the most recent formal audit of the
1-37 department;
1-38 (7) the requirements of:
1-39 (A) the open meetings law, Chapter 551,
1-40 Government Code;
1-41 (B) the public information law, Chapter 552,
1-42 Government Code;
1-43 (C) the administrative procedure law, Chapter
1-44 2001, Government Code; and
1-45 (D) other laws relating to public officials,
1-46 including conflict-of-interest laws; and
1-47 (8) any applicable ethics policies adopted by the
1-48 department or the Texas Ethics Commission.
1-49 (c) A person appointed to the board is entitled to
1-50 reimbursement, as provided by the General Appropriations Act, for
1-51 the travel expenses incurred in attending the training program
1-52 regardless of whether the attendance at the program occurs before
1-53 or after the person qualifies for office.
1-54 SECTION 3. Subsections (d) and (e), Section 532.016, Health
1-55 and Safety Code, are amended to read as follows:
1-56 (d) The commissioner or the commissioner's designee shall
1-57 prepare and maintain a written policy statement that implements [to
1-58 assure implementation of] a program of equal employment opportunity
1-59 to ensure that [under which] all personnel decisions [transactions]
1-60 are made without regard to race, color, disability [handicap], sex,
1-61 religion, age, or national origin. The policy statement must
1-62 include:
1-63 (1) personnel policies, including policies relating to
1-64 recruitment, evaluation, selection, [appointment,] training, and
2-1 promotion of personnel, that show the intent of the department to
2-2 avoid the unlawful employment practices described by Chapter 21,
2-3 Labor Code;
2-4 (2) an analysis of the extent to which the composition
2-5 of the department's personnel is in accordance with state and
2-6 federal law and a description of reasonable methods to achieve
2-7 compliance with state and federal law[;]
2-8 [(2) a comprehensive analysis of the department work
2-9 force that meets federal and state guidelines]; and
2-10 (3) procedures by which a determination can be made of
2-11 significant underutilization in the department work force of all
2-12 persons for whom federal or state guidelines encourage a more
2-13 equitable balance and reasonable methods to appropriately address
2-14 those areas of significant underutilization.
2-15 (e) The [A] policy statement [prepared under Subsection (d)]
2-16 must:
2-17 (1) [cover an annual period;]
2-18 [(2)] be updated [at least] annually;
2-19 (2) be reviewed by the state Commission on Human
2-20 Rights for compliance with Subsection (d)(1); and
2-21 (3) be filed with the governor's office [governor].
2-22 SECTION 4. Subchapter A, Chapter 533, Health and Safety
2-23 Code, is amended by adding Section 533.013 to read as follows:
2-24 Sec. 533.013. DUPLICATION OF REHABILITATION SERVICES. The
2-25 department shall enter into an agreement with the Texas
2-26 Rehabilitation Commission that defines the roles and
2-27 responsibilities of the department and the commission regarding the
2-28 agencies' shared client populations. The agreement must establish
2-29 methods to prevent the duplication and fragmentation of employment
2-30 services provided by the agencies.
2-31 SECTION 5. Section 533.032, Health and Safety Code, is
2-32 amended to read as follows:
2-33 Sec. 533.032. LONG-RANGE PLANNING [PLAN]. (a) The
2-34 department shall have a long-range plan covering at least six years
2-35 that includes at least the provisions required by Sections 531.022
2-36 and 531.023, Government Code [Section 10, Article 4413(502),
2-37 Revised Statutes], and Chapter 2056, Government Code. The plan
2-38 must cover the provision of services in and policies for
2-39 state-operated institutions and ensure that the medical needs of
2-40 the most medically fragile persons the department serves are met.
2-41 (b) In developing the plan, the department shall:
2-42 (1) solicit input from:
2-43 (A) local authorities for mental health and
2-44 mental retardation;
2-45 (B) community representatives;
2-46 (C) consumers of mental health and mental
2-47 retardation services and family members of consumers of services;
2-48 and
2-49 (D) other interested persons; and
2-50 (2) consider the report developed under Subsection
2-51 (c).
2-52 (c) The department shall develop a report containing
2-53 information and recommendations regarding the most efficient
2-54 long-term use and management of the department's campus-based
2-55 facilities. The report must:
2-56 (1) project future bed requirements for state schools
2-57 and state hospitals;
2-58 (2) document the methodology used to develop the
2-59 projection of future bed requirements;
2-60 (3) project maintenance costs for institutional
2-61 facilities;
2-62 (4) recommend strategies to maximize the use of
2-63 institutional facilities; and
2-64 (5) specify how each state school and state hospital
2-65 will:
2-66 (A) serve and support the communities and
2-67 consumers in its service area; and
2-68 (B) fulfill statewide needs for specialized
2-69 services.
3-1 (d) In developing the report under Subsection (c) the
3-2 department shall consider:
3-3 (1) the medical needs of the most medically fragile of
3-4 its clients; and
3-5 (2) the provision of services to clients with severe
3-6 and profound mental retardation.
3-7 (e) The department shall:
3-8 (1) attach the report to the department's legislative
3-9 appropriations request for each biennium;
3-10 (2) at the time the department presents its
3-11 legislative appropriations request, present the report to the:
3-12 (A) governor;
3-13 (B) governor's budget office;
3-14 (C) lieutenant governor;
3-15 (D) speaker of the house of representatives;
3-16 (E) Legislative Budget Board; and
3-17 (F) Health and Human Services Commission; and
3-18 (3) update the department's long-range plan biennially
3-19 and include the report in the plan.
3-20 SECTION 6. Subchapter B, Chapter 533, Health and Safety
3-21 Code, is amended by adding Section 533.0325 to read as follows:
3-22 Sec. 533.0325. CONTINUUM OF SERVICES IN CAMPUS FACILITIES.
3-23 The board by rule shall establish criteria regarding the uses of
3-24 the department's campus-based facilities to ensure that a full
3-25 continuum of services is available.
3-26 SECTION 7. Subchapter B, Chapter 533, Health and Safety
3-27 Code, is amended by adding Section 533.0345 to read as follows:
3-28 Sec. 533.0345. STATE AGENCY SERVICES STANDARDS. (a) The
3-29 department by rule shall develop model program standards for mental
3-30 health services for use by each state agency that provides or pays
3-31 for mental health services. The department shall provide the model
3-32 standards to each agency that provides mental health services as
3-33 identified by the Health and Human Services Commission.
3-34 (b) Model standards developed under Subsection (a) must be
3-35 designed to improve the consistency of mental health services
3-36 provided by or through a state agency.
3-37 (c) Biennially the department shall review the model
3-38 standards developed under Subsection (a) and determine whether
3-39 each standard contributes effectively to the consistency of service
3-40 delivery by state agencies.
3-41 SECTION 8. Subchapter B, Chapter 533, Health and Safety
3-42 Code, is amended by adding Section 533.0351 to read as follows:
3-43 Sec. 533.0351. LOCAL AUTHORITY ADVISORY COMMITTEE. (a) In
3-44 this section "local authority" means a local mental health or
3-45 mental retardation authority.
3-46 (b) The commissioner shall establish a nine-member local
3-47 authority advisory committee to assist the commissioner in
3-48 developing policies for the operation of local authorities.
3-49 (c) The committee is composed of one representative of the
3-50 public and representatives of local authorities appointed by the
3-51 commissioner. In appointing the members, the commissioner shall
3-52 ensure a balanced representation of:
3-53 (1) different regions of this state;
3-54 (2) rural and urban counties; and
3-55 (3) single-county and multi-county local authorities.
3-56 (d) Except for the member representing the public, members
3-57 appointed to the advisory committee must have expertise in the
3-58 day-to-day operations of a local authority.
3-59 (e) The advisory committee shall:
3-60 (1) review rules and proposed rules related to local
3-61 authority functions and recommend to the commissioner the
3-62 development of rules on that subject;
3-63 (2) advise the commissioner regarding evaluation and
3-64 coordination of initiatives related to local authority functions;
3-65 (3) advise and assist the department in developing a
3-66 method of contracting with local authorities that will result in
3-67 contracts that are flexible and responsive to:
3-68 (A) the needs and services of local programs;
3-69 and
4-1 (B) the department's performance expectations;
4-2 (4) coordinate and monitor activities of work groups
4-3 whose actions may affect local authority functions;
4-4 (5) report to the board on the committee's activities
4-5 and recommendations at least once each fiscal quarter; and
4-6 (6) work with the commissioner as the commissioner
4-7 directs.
4-8 (f) For any recommendation the committee makes to the
4-9 department, the department shall provide to the committee a written
4-10 response regarding any action taken on the recommendation or the
4-11 reasons for the department's inaction on the subject of the
4-12 recommendation.
4-13 (g) The committee is subject to Chapter 2110, Government
4-14 Code. The department by rule shall provide, in accordance with
4-15 Section 2110.008, Government Code, that the committee is abolished
4-16 on September 1, 2007, unless the board affirmatively votes to
4-17 continue the committee in existence.
4-18 SECTION 9. Subchapter B, Chapter 533, Health and Safety
4-19 Code, is amended by adding Section 533.0356 to read as follows:
4-20 Sec. 533.0356. LOCAL BEHAVIORAL HEALTH AUTHORITIES. (a) In
4-21 this section, "commission" means the Texas Commission on Alcohol
4-22 and Drug Abuse.
4-23 (b) The department and the commission jointly may designate
4-24 one or more local behavioral health authorities.
4-25 (c) Before designating a local behavioral health authority,
4-26 the department and the commission shall determine:
4-27 (1) the region or area the authority will serve;
4-28 (2) the mental health, mental retardation, and
4-29 substance abuse services to be provided by the authority;
4-30 (3) the duties and responsibilities of the authority;
4-31 (4) the process for selecting the entity to designate
4-32 as the authority; and
4-33 (5) the mental health and substance abuse services
4-34 needs in the region or area the authority will serve.
4-35 (d) The department and commission jointly may assign the
4-36 authority the duty of providing a single point of entry for mental
4-37 health and substance abuse services.
4-38 SECTION 10. Section 533.038, Health and Safety Code, is
4-39 amended by adding Subsection (d) to read as follows:
4-40 (d) The department shall assess the needs of a person with
4-41 mental retardation seeking 24-hour care, and if the person is
4-42 determined to require 24-hour care, the person shall be offered the
4-43 option of placement in a state school or a community group home.
4-44 All persons offered 24-hour care shall receive a clear explanation
4-45 of the respective benefits of state schools and community group
4-46 homes and given the opportunity to elect placement in a state
4-47 school or community group home. If a vacancy does not exist within
4-48 the state school system, the person seeking placement shall be
4-49 offered the option of placing the person's name on a waiting list
4-50 for placement in a state school.
4-51 SECTION 11. Subchapter B, Chapter 533, Health and Safety
4-52 Code, is amended by adding Section 533.039 to read as follows:
4-53 Sec. 533.039. CLIENT SERVICES OMBUDSMAN. (a) The
4-54 commissioner shall employ an ombudsman responsible for assisting a
4-55 person, or a parent or guardian of a person, who has been denied
4-56 service by the department, a department program or facility, or a
4-57 local mental health or mental retardation authority.
4-58 (b) The ombudsman shall:
4-59 (1) explain and provide information on department and
4-60 local mental health or mental retardation authority services,
4-61 facilities, and programs and the rules, procedures, and guidelines
4-62 applicable to the person denied services; and
4-63 (2) refer the person to an appropriate program,
4-64 facility, or service of the department or any other entity, if any.
4-65 SECTION 12. Subsection (a), Section 534.004, Health and
4-66 Safety Code, is amended to read as follows:
4-67 (a) The local agency or organizational combination of local
4-68 agencies that establishes a community center shall prescribe:
4-69 (1) the application procedure for a position on the
5-1 board of trustees;
5-2 (2) the procedure and criteria for making appointments
5-3 to the board of trustees;
5-4 (3) the procedure for posting notice of and filling a
5-5 vacancy on the board of trustees; and
5-6 (4) the grounds and procedure for removing a member of
5-7 the board of trustees[; and]
5-8 [(5) a procedure to ensure that an appointed member of
5-9 a board of trustees appointed by a local agency or organizational
5-10 combination of local agencies primarily located in only one county
5-11 serves not more than four consecutive and complete two-year terms].
5-12 SECTION 13. Section 534.005, Health and Safety Code, is
5-13 amended to read as follows:
5-14 Sec. 534.005. Terms; Vacancies. (a) Appointed members of
5-15 the board of trustees who are not members of a local agency's
5-16 governing body serve staggered two-year terms. In appointing the
5-17 initial members, the appointing authority shall designate not less
5-18 than one-third or more than one-half of the members to serve
5-19 one-year terms and shall designate the remaining members to serve
5-20 two-year terms.
5-21 (b) A vacancy on a board of trustees composed of qualified
5-22 voters is filled by appointment for the remainder of the unexpired
5-23 term.
5-24 [(c) If the local agency or organizational combination of
5-25 local agencies that appoints the board of trustees is primarily
5-26 located in only one county, a person appointed to the board of
5-27 trustees may not serve more than four consecutive and complete
5-28 two-year terms.]
5-29 SECTION 14. Section 534.007, Health and Safety Code, is
5-30 amended to read as follows:
5-31 Sec. 534.007. PROHIBITED ACTIVITIES BY FORMER OFFICERS OR
5-32 EMPLOYEES; OFFENSE. (a) A [For one year after the date on which
5-33 a] former officer or employee of a community center who ceases
5-34 [terminates] service or employment with the center[, the
5-35 individual] may not represent any person or receive compensation
5-36 for services rendered on behalf of any person regarding a
5-37 particular matter in which the former officer or employee
5-38 participated during the period of employment, either through
5-39 personal involvement or because the case or proceeding was a matter
5-40 within the officer's or employee's official[, directly or
5-41 indirectly, attempt or aid in the attempt to procure a contract
5-42 with the community center in which the individual served or was
5-43 employed if the contract relates to a program or service in which
5-44 the individual was directly concerned or for which the individual
5-45 had administrative] responsibility.
5-46 (b) This section does not apply to:
5-47 (1) a former employee who is compensated on the last
5-48 date of service or employment below the amount prescribed by the
5-49 General Appropriations Act for [step 1,] salary group 17, Schedule
5-50 A, or salary group 9, Schedule B, of the position classification
5-51 salary schedule; or
5-52 (2) a former officer or employee who is employed by a
5-53 state agency or another community center.
5-54 (c) Subsection (a) does not apply to a proceeding related to
5-55 policy development that was concluded before the officer's or
5-56 employee's service or employment ceased.
5-57 (d) A former officer or employee of a community center
5-58 commits an offense if the former officer or employee violates this
5-59 section. An offense under this section is a Class A misdemeanor.
5-60 (e) In this section:
5-61 (1) "Participated" means to have taken action as an
5-62 officer or employee through decision, approval, disapproval,
5-63 recommendation, giving advice, investigation, or similar action.
5-64 (2) "Particular matter" means a specific
5-65 investigation, application, request for a ruling or determination,
5-66 proceeding related to the development of policy, contract, claim,
5-67 charge, accusation, arrest, or judicial or other proceeding.
5-68 SECTION 15. Subsection (b), Section 534.065, Health and
5-69 Safety Code, is amended to read as follows:
6-1 (b) The mental health or mental retardation authority may
6-2 [shall] renew the contract only if the contract meets the criteria
6-3 provided by Section 533.016, Health and Safety Code [if the
6-4 authority finds that:]
6-5 [(1) funding is available;]
6-6 [(2) the authority plans to continue the services;]
6-7 [(3) the provider is in substantial compliance with
6-8 each material provision of the contract, unless the authority
6-9 determines that the provision is not legal and enforceable under
6-10 applicable state and federal law;]
6-11 [(4) the provider is providing a reasonably adequate
6-12 level of service in accordance with the contract and at a
6-13 reasonable cost;]
6-14 [(5) the provider agrees to a renewal contract that is
6-15 substantially in compliance with a model contract developed by the
6-16 department under Section 534.055;]
6-17 [(6) the provider was during the term of any contract
6-18 with the authority and is at the time of renewal in compliance with
6-19 applicable laws governing the subject matter of the contract; and]
6-20 [(7) neither the provider nor any of its officers,
6-21 directors, or principal employees has been convicted or found by a
6-22 final administrative decision to have been guilty of fraud or abuse
6-23 in the provision of health care services under a contract with a
6-24 state or federal agency].
6-25 SECTION 16. Chapter 461, Health and Safety Code, is amended
6-26 by adding Section 461.0128 to read as follows:
6-27 Sec. 461.0128. STATE AGENCY SERVICES STANDARDS. (a) The
6-28 commission by rule shall develop model program standards for
6-29 substance abuse services for use by each state agency that provides
6-30 or pays for substance abuse services. The commission shall provide
6-31 the model standards to each agency that provides substance abuse as
6-32 identified by the Health and Human Services Commission.
6-33 (b) Model standards developed under Subsection (a) must be
6-34 designed to improve the consistency of substance abuse services
6-35 provided by or through a state agency.
6-36 (c) Biennially the commission shall review the model
6-37 standards developed under Subsection (a) and determine whether
6-38 each standard contributes effectively to the consistency of service
6-39 delivery by state agencies.
6-40 SECTION 17. Chapter 461, Health and Safety Code, is amended
6-41 by adding Section 461.0129 to read as follows:
6-42 Sec. 461.0129. LOCAL BEHAVIORAL HEALTH AUTHORITIES. (a) In
6-43 this section, "department" means the Texas Department of Mental
6-44 Health and Mental Retardation.
6-45 (b) The commission and the department jointly may designate
6-46 one or more local behavioral health authorities.
6-47 (c) Before designating a local behavioral health authority,
6-48 the commission and the department shall determine:
6-49 (1) the region or area the authority will serve;
6-50 (2) the mental health, mental retardation, and
6-51 substance abuse services to be provided by the authority;
6-52 (3) the duties and responsibilities of the authority;
6-53 (4) the process for selecting the entity to designate
6-54 as the authority; and
6-55 (5) the mental health and substance abuse services
6-56 needs in the region or area the authority will serve.
6-57 (d) The commission and department jointly may assign the
6-58 authority the duty of providing a single point of entry for mental
6-59 health and substance abuse services.
6-60 SECTION 18. (a) The changes in law made by Section
6-61 532.0035, Health and Safety Code, as added by this Act, apply only
6-62 to a member of the Texas Board of Mental Health and Mental
6-63 Retardation appointed on or after the effective date of this Act.
6-64 The qualifications of a board member appointed before the effective
6-65 date of this Act are governed by the law as it existed immediately
6-66 before that date and the former law is continued in effect for that
6-67 purpose.
6-68 (b) The changes in law to Section 534.007, Health and Safety
6-69 Code, made by this Act apply only to a person who ceases employment
7-1 on or after the effective date of this Act. The relationship
7-2 between a community center and a former employee who terminated
7-3 employment before the effective date of this Act is governed by
7-4 Section 534.007, Health and Safety Code, as it existed immediately
7-5 before the effective date of this Act, and the former law is
7-6 continued in effect for that purpose.
7-7 (c) The changes in law to Subsection (b), Section 534.065,
7-8 Health and Safety Code, made by this Act apply only to a contract
7-9 considered for renewal on or after the effective date of this Act.
7-10 Actions related to the renewal of a contract that are taken before
7-11 the effective date of this Act and a contract renewed before that
7-12 date are governed by Section 534.065, Health and Safety Code, as it
7-13 existed immediately before the effective date of this Act, and the
7-14 former law is continued in effect for that purpose.
7-15 SECTION 19. This Act takes effect September 1, 1999.
7-16 SECTION 20. The importance of this legislation and the
7-17 crowded condition of the calendars in both houses create an
7-18 emergency and an imperative public necessity that the
7-19 constitutional rule requiring bills to be read on three several
7-20 days in each house be suspended, and this rule is hereby suspended.
7-21 * * * * *