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.