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                                  * * * * *