SRC-S.B. 83 77(R)BILL ANALYSIS


Senate Research CenterS.B. 83
77R264 JJT-DBy: Madla
Health and Human Services
2/1/2001
Committee Report (Amended)


DIGEST AND PURPOSE 

Currently the Texas Department of Human Services (TDHS) has regulatory
authority over Intermediate Care Facilities for the Mentally Retarded,
facilities for Texans with profound to mild retardation and developmental
disabilities.  During the 76th Legislative Session a taskforce was created
to study the regulatory system for Intermediate Care Facilities and
determine whether it would be appropriate to transfer the regulatory
authority over these facilities from TDHS to the Texas Department of Mental
Health and Mental Retardation (MHMR).  S.B. 83 codifies the findings of the
taskforce and establishes the parameters under which TDHS and MHMR will
work together in the regulation of Intermediate Care Facilities. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Board of Human
Services in SECTION 1(Section 252.008, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 252.008, Health and Safety Code, by requiring
the Texas Board of Human Services (board), rather than the Texas Department
of Human Services (department) to adopt rules related to the administration
and implementation of this chapter.  Requires the department and the Texas
Department of Mental Health and Mental Retardation (MHMR) to cooperate in
developing rules under this section.  Requires that before the board adopts
a rule applicable to a facility, the board submit the proposed rule to the
commissioner of mental health and mental retardation for review of the
effects of the proposed rule.  Requires the commissioner of mental health
and mental retardation to provide the board a written statement of the
effects of the proposed rule, not later than the 31st day after the date
the proposed rule is received.  Requires the board to consider the
statement in adopting a rule under this section. 

SECTION 2.  Amends Section 252.040, Health and Safety Code, by adding
Subsection (i) to require the department to have specialized staff conduct
inspections, surveys, or investigations of facilities under this section.  

SECTION 3.  Amends, Chapter 252D, Health and Safety Code, by adding Section
252.099, as follows: 

Sec, 252.099.  COOPERATION IN FACILITY CLOSURE.  Requires the department
and MHMR to cooperate closely to ensure that the closure and transition
plans for a facility that is closing, and the execution of those plans,
ensure the short-term and long-term well-being of the clients of the
facility. 

SECTION 4.  Repealer:  Section 23 (relating to transfer of regulation of
intermediate care facilities for the mentally retarded), Chapter 1187, Acts
of the 76th Legislature, Regular Session, 1999. 

SECTION 5.  Effective date:  Upon passage or 91 days after adjournment.
              Provides that, notwithstanding Subsection (a) of this
section, Sections 1-3 of this 
Act take effect September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 2.  Amends As filed S.B. 83, Section 252.040, Health and Safety
Code, to delete language prohibiting members of the specialized staff from
being assigned the duty of inspecting, surveying, or investigating another
type of facility or institution.