By: Lindsay S.B. No. 1348
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the funding and operations of the Harris County
1-2 Psychiatric Center.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 73.404, Education Code, is amended by
1-5 amending Subsection (a) to read as follows:
1-6 (a) Funding for the state-supported facilities and
1-7 operations of the Harris County Psychiatric Center shall be
1-8 provided through legislative appropriations to [the Texas
1-9 Department of Mental Health and Mental Retardation and to] The
1-10 University of Texas Health Science Center at Houston [System, and
1-11 any appropriations to the department for the Harris County
1-12 Psychiatric Center shall be transferred to The University of Texas
1-13 System in accordance with the General Appropriations Act and the
1-14 lease and/or sublease and operating agreement provided for in
1-15 Section 73.405 of this code]. A separate line item entry shall be
1-16 made in the General Appropriations Act at The University of Texas
1-17 Health Science Center at Houston and in the annual operating budget
1-18 of The University of Texas Health Science Center at Houston for the
1-19 Harris County Psychiatric Center funding. Legislative
1-20 appropriations may be for any further construction at the Harris
1-21 County Psychiatric Center; for equipment, both fixed and movable;
1-22 for utilities, including data processing and communications; for
2-1 maintenance, repairs, renovations, and additions; for any damage or
2-2 destruction; and for operations of the Harris County Psychiatric
2-3 Center; provided, however, that as to funding for Harris County
2-4 Psychiatric Center operations, legislative appropriations shall not
2-5 exceed 85 percent of the total operating costs of the entire Harris
2-6 County Psychiatric Center, exclusive of any costs of the commitment
2-7 center.
2-8 SECTION 2. Section 73.405, Education Code, is amended by
2-9 adding new Subsection (a), Subsection (b), and Subsection (c) and
2-10 by amending new Subsection (f) and new Subsection (g) to read as
2-11 follows:
2-12 (a) The state-supported facilities of the Harris County
2-13 Psychiatric Center shall provide patient care, education, and
2-14 research in accordance with its stated mission. The Harris County
2-15 Psychiatric Center will continue to be an integral part of the
2-16 public mental health safety net of Harris County.
2-17 (b) The University of Texas Health Science Center at Houston
2-18 and the Harris County Psychiatric Center will maintain
2-19 collaborative working relationships with both the state and county
2-20 designated mental health authorities in terms of assessment of
2-21 patient care service needs, area response planning, and design and
2-22 operation of closely integrated systems of care.
2-23 (c) The University of Texas Health Science Center at Houston
2-24 through the Harris County Psychiatric Center will develop a
2-25 Community Advisory Committee that will regularly meet with the
2-26 leadership of the Harris County Psychiatric Center.
3-1 (d)[(a)] The state-supported facilities of the Harris County
3-2 Psychiatric Center shall be leased to and operated and administered
3-3 by The University of Texas System in accordance with a lease and
3-4 operating agreement. The county-supported and/or MHMRA-supported
3-5 facilities, exclusive of the commitment center, may be leased
3-6 and/or subleased by The University of Texas System in the same
3-7 lease and/or sublease and operating agreement. Any lease and/or
3-8 sublease and operating agreement shall provide for a lease payment
3-9 by The University of Texas System of no more than $1 per year plus
3-10 other good and valuable consideration as provided for in Section
3-11 73.406 of this code.
3-12 (e)[(b)] In any lease and/or sublease and operating
3-13 agreement, the board of regents of The University of Texas System
3-14 shall be the governing board of the Harris County Psychiatric
3-15 Center facilities that are leased and/or subleased and operated by
3-16 The University of Texas System.
3-17 (f)[(c)] Any lease and/or sublease and operating agreement
3-18 may provide all necessary or desirable terms for the operation of
3-19 the Harris County Psychiatric Center and may provide for duties and
3-20 powers with respect to medical and legal matters, Harris County
3-21 Psychiatric Center administration, staffing, patient services,
3-22 reports, and annual operating budgets of the Harris County
3-23 Psychiatric Center [, and transfers of appropriated funds as
3-24 provided for in Section 73.404 of this code].
3-25 (g)[(d)] Any lease and/or sublease and operating agreement
3-26 shall provide that The University of Texas System shall cause the
4-1 Harris County Psychiatric Center to be operated in accordance with
4-2 the standards for accreditation of the Joint Commission on
4-3 Accreditation of Hospitals; that all financial transactions and
4-4 performance programs may be appropriately audited; that an
4-5 appropriate admission, discharge, and transfer coordination policy
4-6 be established; that appropriate patient data be made available to
4-7 the Texas Department of Mental Health and Mental Retardation
4-8 [department], MHMRA, and the county, including but not limited to
4-9 diagnosis and lengths of stay; and that a priority of patient
4-10 treatment policy be established.
4-11 SECTION 3. This Act takes effect September 1, 1999.
4-12 SECTION 4. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.