By Farabee H.B. No. 1497
77R6314 CBH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of mental health and mental retardation
1-3 services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 531.002, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 531.002. DEFINITIONS. In this subtitle:
1-8 (1) "Board" means the Texas Board of Mental Health and
1-9 Mental Retardation.
1-10 (2) "Business entity" means a sole proprietorship,
1-11 partnership, firm, corporation, holding company, joint-stock
1-12 company, receivership, trust, or any other entity recognized by
1-13 law.
1-14 (3) "Chemical dependency" has the meaning assigned by
1-15 Section 461.002.
1-16 (4) "Commissioner" means the commissioner of mental
1-17 health and mental retardation.
1-18 (5) [(3)] "Community center" means a center
1-19 established under Subchapter A, Chapter 534.
1-20 (6) [(4)] "Department" means the Texas Department of
1-21 Mental Health and Mental Retardation.
1-22 (7) "Department facility" means a facility operated by
1-23 the department to provide mental health or mental retardation
1-24 services, or both.
2-1 (8) [(5)] "Effective administration" includes
2-2 continuous planning and evaluation within the system that result in
2-3 more efficient fulfillment of the purposes and policies of this
2-4 subtitle.
2-5 (9) "Facility" means an inpatient or outpatient mental
2-6 health or mental retardation treatment setting, including:
2-7 (A) a private hospital that has a contract with
2-8 a local mental health or mental retardation authority to provide
2-9 mental health or mental retardation services; and
2-10 (B) that identifiable part of a general hospital
2-11 in which diagnosis, treatment, and care for persons with mental
2-12 illness or mental retardation is provided.
2-13 (10) [(6)] "ICF-MR" means the medical assistance
2-14 program serving persons with mental retardation who receive care in
2-15 intermediate care facilities.
2-16 (11) [(7)] "Local agency" means:
2-17 (A) a municipality, county, hospital district,
2-18 rehabilitation district, school district, state-supported
2-19 institution of higher education, or state-supported medical school;
2-20 or
2-21 (B) any organizational combination of two or
2-22 more of those entities.
2-23 (12) [(8)] "Local mental health authority" means an
2-24 entity to which the board delegates its authority and
2-25 responsibility within a specified region for planning, policy
2-26 development, coordination, including coordination with criminal
2-27 justice entities, and resource development and allocation and for
3-1 supervising and ensuring the provision of mental health services to
3-2 persons with mental illness in the most appropriate setting to meet
3-3 individual needs in one or more local service areas.
3-4 (13) [(9)] "Local mental retardation authority" means
3-5 an entity to which the board delegates its authority and
3-6 responsibility within a specified region for planning, policy
3-7 development, coordination, including coordination with criminal
3-8 justice entities, and resource development and allocation and for
3-9 supervising and ensuring the provision of mental retardation
3-10 services to persons with mental retardation in the most appropriate
3-11 setting to meet individual needs in one or more local service
3-12 areas.
3-13 (14) [(10)] "Mental health services" includes all
3-14 services concerned with research, prevention, and detection of
3-15 mental disorders and disabilities, and all services necessary to
3-16 treat, care for, control, supervise, and rehabilitate persons who
3-17 have a mental disorder or disability, including persons whose
3-18 mental disorders or disabilities result from alcoholism or drug
3-19 addiction.
3-20 (15) [(11)] "Mental retardation services" includes all
3-21 services concerned with research, prevention, and detection of
3-22 mental retardation, and all services related to the education,
3-23 training, habilitation, care, treatment, supervision, and control
3-24 of persons with mental retardation, but does not include the
3-25 education of school-age persons that the public educational system
3-26 is authorized to provide.
3-27 (16) [(12)] "Person with mental retardation" means a
4-1 person, other than a person with a mental disorder, whose mental
4-2 deficit requires the person to have special training, education,
4-3 supervision, treatment, care, or control in the person's home or
4-4 community or in a state school.
4-5 (17) [(13)] "Priority population" means those groups
4-6 of persons with mental illness or mental retardation identified by
4-7 the department as being most in need of mental health or mental
4-8 retardation services.
4-9 (18) [(14)] "Region" means the area within the
4-10 boundaries of the local agencies participating in the operation of
4-11 community centers established under Subchapter A, Chapter 534.
4-12 (19) [(15)] "State school" means a state-supported and
4-13 structured residential facility operated by the department to
4-14 provide to clients with mental retardation a variety of services,
4-15 including medical treatment, specialized therapy, and training in
4-16 the acquisition of personal, social, and vocational skills.
4-17 [(16) "Business entity" means a sole proprietorship,
4-18 partnership, firm, corporation, holding company, joint-stock
4-19 company, receivership, trust, or any other entity recognized by
4-20 law.]
4-21 [(17) "Chemical dependency" has the meaning assigned
4-22 by Section 461.002.]
4-23 SECTION 2. Section 533.014, Health and Safety Code, is
4-24 amended to read as follows:
4-25 Sec. 533.014. RESPONSIBILITY OF LOCAL MENTAL HEALTH AND
4-26 MENTAL RETARDATION AUTHORITIES IN MAKING TREATMENT RECOMMENDATIONS
4-27 [DESIGNATION OF SINGLE PORTAL AUTHORITIES]. (a) The board shall
5-1 adopt rules that:
5-2 (1) relate to the responsibility of the [designation
5-3 of] local mental health and mental retardation authorities to make
5-4 recommendations relating to the most appropriate treatment
5-5 alternatives for individuals in need of mental health or mental
5-6 retardation services [as single portal authorities];
5-7 (2) govern commitments to a local mental health or
5-8 mental retardation [single portal] authority;
5-9 (3) govern transfers of patients that involve a local
5-10 mental health or mental retardation [single portal] authority; and
5-11 (4) provide for emergency admission to a department
5-12 mental health or mental retardation facility if obtaining approval
5-13 from the authority could result in a delay that might endanger the
5-14 patient or others.
5-15 (b) The board's first consideration in developing rules
5-16 under this section must be to satisfy individual patient treatment
5-17 needs in the most appropriate setting. The board shall also
5-18 consider reducing patient inconvenience resulting from admissions
5-19 and transfers between providers.
5-20 (c) The [If the board designates a local mental health
5-21 authority as a single portal authority, the] department shall
5-22 notify each judge who has probate jurisdiction in the service area
5-23 and any other person the local mental health or mental retardation
5-24 [single portal] authority considers necessary of the responsibility
5-25 of the local mental health or mental retardation authority to make
5-26 recommendations relating to the most appropriate treatment
5-27 alternatives [designation] and the [new] procedures required in the
6-1 area.
6-2 SECTION 3. Sections 533.035(a) and (c), Health and Safety
6-3 Code, are amended to read as follows:
6-4 (a) The commissioner shall designate a local mental health
6-5 authority and a local mental retardation authority in one or more
6-6 local service areas. The board may delegate to the local
6-7 authorities the board's authority and responsibility for the
6-8 planning, policy development, coordination, including coordination
6-9 with criminal justice entities, resource allocation, and resource
6-10 development for and oversight of mental health and mental
6-11 retardation services in the most appropriate setting to meet
6-12 individual needs in that service area. The commissioner may
6-13 designate a single entity as the local mental health authority and
6-14 the local mental retardation authority for a service area.
6-15 (c) A local mental health and mental retardation authority,
6-16 with the department's approval, shall use the funds received under
6-17 Subsection (b) to ensure mental health, mental retardation, and
6-18 chemical dependency services are provided in the local service
6-19 area. The local authority shall consider public input, ultimate
6-20 cost-benefit, and client care issues to ensure consumer choice and
6-21 the best use of public money in:
6-22 (1) assembling a network of service providers; [and]
6-23 (2) determining whether to become a provider of a
6-24 service or to contract that service to another organization; and
6-25 (3) making recommendations relating to the most
6-26 appropriate treatment alternatives for individuals in need of
6-27 mental health or mental retardation services.
7-1 SECTION 4. Sections 571.003(6)-(22), Health and Safety Code,
7-2 are amended to read as follows:
7-3 (6) "Department mental health facility" means a
7-4 facility operated by the department to provide mental health
7-5 services, including a state hospital or state center.
7-6 (7) "Facility administrator" means the individual in
7-7 charge of a mental health facility.
7-8 (8) [(7)] "General hospital" means a hospital operated
7-9 primarily to diagnose, care for, and treat physically ill persons.
7-10 (9) [(8)] "Hospital administrator" means the
7-11 individual in charge of a hospital.
7-12 (10) [(9)] "Inpatient mental health facility" means a
7-13 mental health facility that can provide 24-hour residential and
7-14 psychiatric services and that is:
7-15 (A) a facility operated by the department;
7-16 (B) a private mental hospital licensed by the
7-17 Texas Department of Health;
7-18 (C) a community center, facility operated by a
7-19 community center, private hospital under contract with a community
7-20 center, or other entity the department designates to provide mental
7-21 health services;
7-22 (D) a local mental health authority, facility
7-23 operated by a local mental health authority, or private hospital
7-24 under contract with a local mental health authority [facility
7-25 operated by a community center or other entity the department
7-26 designates to provide mental health services];
7-27 (E) an identifiable part of a general hospital
8-1 in which diagnosis, treatment, and care for persons with mental
8-2 illness is provided and that is licensed by the Texas Department of
8-3 Health; or
8-4 (F) a hospital operated by a federal agency.
8-5 (11) [(10)] "Legal holiday" includes a holiday listed
8-6 in Section 662.021, Government Code, and an officially designated
8-7 county holiday applicable to a court in which proceedings under
8-8 this subtitle are held.
8-9 (12) "Local mental [(11) "Mental] health authority"
8-10 means an entity to which the board delegates its authority and
8-11 responsibility within a specified region for planning, policy
8-12 development, coordination, including coordination with criminal
8-13 justice entities, and resource development and allocation and for
8-14 supervising and ensuring the provision of mental health services to
8-15 persons with mental illness in the most appropriate setting to meet
8-16 individual needs in one or more local service areas [agency
8-17 designated by the commissioner to direct, operate, facilitate, or
8-18 coordinate services for persons with mental illness in a service
8-19 area].
8-20 (13) [(12)] "Mental health facility" means an
8-21 inpatient or outpatient treatment setting, including:
8-22 (A) a private hospital under contract with a
8-23 local mental health authority [an inpatient or outpatient mental
8-24 health facility operated by the department, a federal agency, a
8-25 political subdivision, or any person];
8-26 (B) a treatment setting operated by a federal
8-27 agency to provide care and treatment for persons with mental
9-1 illness [community center or a facility operated by a community
9-2 center]; and [or]
9-3 (C) that identifiable part of a general hospital
9-4 in which diagnosis, treatment, and care for persons with mental
9-5 illness is provided.
9-6 (14) [(13)] "Mental hospital" means a hospital:
9-7 (A) operated primarily to provide inpatient care
9-8 and treatment for persons with mental illness; or
9-9 (B) operated by a federal agency that is
9-10 equipped to provide inpatient care and treatment for persons with
9-11 mental illness.
9-12 (15) [(14)] "Mental illness" means an illness,
9-13 disease, or condition, other than epilepsy, senility, alcoholism,
9-14 or mental deficiency, that:
9-15 (A) substantially impairs a person's thought,
9-16 perception of reality, emotional process, or judgment; or
9-17 (B) grossly impairs behavior as demonstrated by
9-18 recent disturbed behavior.
9-19 (16) [(15)] "Non-physician mental health professional"
9-20 means:
9-21 (A) a psychologist licensed to practice in this
9-22 state and designated as a health-service provider;
9-23 (B) a registered nurse with a master's or
9-24 doctoral degree in psychiatric nursing; or
9-25 (C) a certified social worker with a master's or
9-26 doctoral degree and advanced clinical practitioner recognition.
9-27 (17) [(16)] "Patient" means an individual who is
10-1 receiving voluntary or involuntary mental health services under
10-2 this subtitle.
10-3 (18) [(17)] "Person" includes an individual, firm,
10-4 partnership, joint-stock company, joint venture, association, and
10-5 corporation.
10-6 (19) [(18)] "Physician" means:
10-7 (A) a person licensed to practice medicine in
10-8 this state;
10-9 (B) a person employed by a federal agency who
10-10 has a license to practice medicine in any state; or
10-11 (C) a person authorized to perform medical acts
10-12 under an institutional permit at a Texas postgraduate training
10-13 program approved by the Accreditation Council on Graduate Medical
10-14 Education, the American Osteopathic Association, or the Texas State
10-15 Board of Medical Examiners.
10-16 (20) [(19)] "Political subdivision" includes a county,
10-17 municipality, or hospital district in this state but does not
10-18 include a department, board, or agency of the state that has
10-19 statewide authority and responsibility.
10-20 (21) [(20)] "Private mental hospital" means a mental
10-21 hospital operated by a person or political subdivision.
10-22 [(21) "State mental hospital" means a mental hospital
10-23 operated by the department.]
10-24 [(22) "Single portal authority" means a mental health
10-25 authority designated as a single portal authority by the
10-26 department.]
10-27 SECTION 5. Section 571.018(j), Health and Safety Code, is
11-1 amended to read as follows:
11-2 (j) When an inpatient mental health facility as defined
11-3 under Section 571.003(10)(B) or (E) [571.003(9)(B) or (E)] files an
11-4 affidavit with the clerk of the court certifying that it has
11-5 received no compensation or reimbursement for the treatment of a
11-6 person for whom court costs have been paid or advanced, the judge
11-7 of the probate court shall order the clerk of the court to refund
11-8 the costs.
11-9 SECTION 6. Section 573.001(d), Health and Safety Code, is
11-10 amended to read as follows:
11-11 (d) A peace officer who takes a person into custody under
11-12 Subsection (a) shall immediately transport the apprehended person
11-13 to:
11-14 (1) the nearest appropriate inpatient mental health
11-15 facility; or
11-16 (2) a mental health facility deemed suitable by the
11-17 local [county's] mental health authority, if an appropriate
11-18 inpatient mental health facility is not available.
11-19 SECTION 7. Section 573.012(e), Health and Safety Code, is
11-20 amended to read as follows:
11-21 (e) A person apprehended under this section shall be
11-22 transported for a preliminary examination in accordance with
11-23 Section 573.021 to:
11-24 (1) the nearest appropriate inpatient mental health
11-25 facility; or
11-26 (2) a mental health facility deemed suitable by the
11-27 local [county's] mental health authority, if an appropriate
12-1 inpatient mental health facility is not available.
12-2 SECTION 8. Section 573.022(b), Health and Safety Code, is
12-3 amended to read as follows:
12-4 (b) A [county] mental health facility that has admitted a
12-5 person for emergency detention under this section may transport the
12-6 person to [:]
12-7 [(1) a facility of the single portal authority for the
12-8 area;]
12-9 [(2) an appropriate inpatient mental health facility,
12-10 if no single portal authority serves the area; or]
12-11 [(3)] a mental health facility deemed suitable by the
12-12 local [county's] mental health authority for the area. On the
12-13 request of the local mental health authority, the judge may order
12-14 that the proposed patient be detained in a department mental health
12-15 facility [, if no single portal authority serves the area and an
12-16 appropriate inpatient mental health facility is not available].
12-17 SECTION 9. Section 574.012, Health and Safety Code, is
12-18 amended to read as follows:
12-19 Sec. 574.012. RECOMMENDATION FOR TREATMENT. (a) The local
12-20 mental health authority [commissioner shall designate a facility or
12-21 provider] in the county in which an application is filed shall [to]
12-22 file with the court a recommendation for the most appropriate
12-23 treatment alternative for the proposed patient.
12-24 (b) [The facility or provider that is designated must be:]
12-25 [(1) the single portal authority for the county; or]
12-26 [(2) a community center or any other appropriate
12-27 facility or provider in the county if the county is not served by a
13-1 single portal authority.]
13-2 [(c)] The court shall direct the local mental health
13-3 authority [designated entity] to file, before the date set for the
13-4 hearing, its recommendation for the proposed patient's treatment.
13-5 (c) [(d)] If outpatient treatment is recommended, the local
13-6 mental health authority [entity] will also file a statement as to
13-7 whether the proposed mental health services are available [through:]
13-8 [(1) the local mental health authority because:]
13-9 [(A) the proposed patient is a member of a
13-10 priority population identified for those mental health services in
13-11 the department's long-range plan; and]
13-12 [(B) that sufficient resources to provide the
13-13 necessary services are available; and]
13-14 [(2) another mental health services provider and that
13-15 sufficient resources to provide the necessary services are
13-16 available].
13-17 (d) [(e)] The hearing on an application may not be held
13-18 before the recommendation for treatment is filed unless the court
13-19 determines that an emergency exists.
13-20 (e) [(f)] This section does not relieve a county of its
13-21 responsibility under other provisions of this subtitle to diagnose,
13-22 care for, or treat persons with mental illness.
13-23 (f) [(g)] This section does not apply to a person for whom
13-24 treatment in a private mental health facility is proposed.
13-25 SECTION 10. Section 574.023, Health and Safety Code, is
13-26 amended to read as follows:
13-27 Sec. 574.023. APPREHENSION UNDER ORDER. (a) A protective
14-1 custody order shall direct a person authorized to transport
14-2 patients under Section 574.045 to take the proposed patient into
14-3 protective custody and transport the person immediately to[:]
14-4 [(1) a facility of the single portal authority for the
14-5 area;]
14-6 [(2) an appropriate inpatient mental health facility,
14-7 if no single portal authority serves the area; or]
14-8 [(3)] a mental health facility deemed suitable by the
14-9 local [county's] mental health authority for the area. On request
14-10 of the local mental health authority, the judge may order that the
14-11 proposed patient be detained in a department mental health facility
14-12 [, if no single portal authority serves the area and an appropriate
14-13 inpatient mental health facility is not available].
14-14 (b) The proposed patient shall be detained in the facility
14-15 until a hearing is held under Section 574.025.
14-16 (c) [If a single portal authority lacks the local resources
14-17 to care for a proposed patient, the authority shall transfer the
14-18 proposed patient to a state hospital or, on the request of the
14-19 authority, the judge may order that the proposed patient be
14-20 detained in a state hospital.]
14-21 [(d)] A facility must comply with this section only to the
14-22 extent that the commissioner determines that the facility has
14-23 sufficient resources to perform the necessary services.
14-24 (d) [(e)] A person may not be detained in a private mental
14-25 health facility without the consent of the facility administrator.
14-26 SECTION 11. Section 574.027(a), Health and Safety Code, is
14-27 amended to read as follows:
15-1 (a) A person under a protective custody order shall be
15-2 detained in[:]
15-3 [(1) a facility of the single portal authority for the
15-4 area;]
15-5 [(2) an appropriate inpatient mental health facility,
15-6 if no single portal authority serves the area; or]
15-7 [(3)] a mental health facility deemed suitable by the
15-8 local [county's] mental health authority for the area. On request
15-9 of the local mental health authority, the judge may order that the
15-10 proposed patient be detained in a department mental health facility
15-11 [, if no single portal authority serves the area and an appropriate
15-12 inpatient mental health facility is not available].
15-13 SECTION 12. Section 574.041, Health and Safety Code, is
15-14 amended to read as follows:
15-15 Sec. 574.041. DESIGNATION OF FACILITY. (a) In an order for
15-16 temporary or extended mental health services specifying inpatient
15-17 care, the court shall commit the patient to a designated inpatient
15-18 mental health facility. The court shall commit the patient to:
15-19 (1) a mental health facility deemed suitable by the
15-20 local mental health [of a single portal] authority for the area[,
15-21 if an authority has been designated for the area];
15-22 (2) a private mental hospital under Section 574.042;
15-23 (3) a hospital operated by a federal agency under
15-24 Section 574.043; or
15-25 (4) an inpatient mental health facility of the
15-26 institutional division of the Texas Department of Criminal Justice
15-27 under Section 574.044.
16-1 (b) On [If a single portal authority lacks the local
16-2 resources to care for a patient, the authority shall transfer the
16-3 patient to a state mental hospital or, on the] request of the local
16-4 mental health authority, the judge may commit the patient directly
16-5 to a department mental health facility [state mental hospital].
16-6 (c) A court may not commit a patient to an inpatient mental
16-7 health facility operated by a community center or other entity
16-8 designated by the department to provide mental health services
16-9 unless the facility is licensed under Chapter 577 and the court
16-10 notifies the local mental health authority serving the region in
16-11 which the commitment is made.
16-12 [(d) In this section, "facility of a single portal
16-13 authority" includes a private mental hospital under contract with a
16-14 single portal authority.]
16-15 SECTION 13. Section 574.043(c), Health and Safety Code, is
16-16 amended to read as follows:
16-17 (c) The hospital administrator has the same authority and
16-18 responsibility with respect to the patient as the facility
16-19 [hospital] administrator of a department mental health facility
16-20 [state mental hospital].
16-21 SECTION 14. Section 574.064(a), Health and Safety Code, is
16-22 amended to read as follows:
16-23 (a) A temporary detention order shall direct a peace officer
16-24 or other designated person to take the patient into custody and
16-25 transport the patient immediately to:
16-26 (1) the nearest appropriate inpatient mental health
16-27 facility; or
17-1 (2) a mental health facility deemed suitable by the
17-2 local [county's] mental health authority for the area, if an
17-3 appropriate inpatient mental health facility is not available.
17-4 SECTION 15. Section 574.081(b), Health and Safety Code, is
17-5 amended to read as follows:
17-6 (b) The physician shall prepare the plan as prescribed by
17-7 department rules and shall consult the patient and the local mental
17-8 health authority in the area in which the patient will reside
17-9 before preparing the plan. The local mental health authority is
17-10 not required to participate in preparing a plan for a patient
17-11 furloughed or discharged from a private mental health facility.
17-12 SECTION 16. Section 574.083(g), Health and Safety Code, is
17-13 amended to read as follows:
17-14 (g) The local mental [county] health authority shall ensure
17-15 that a patient detained in a nonmedical facility under Subsection
17-16 (f) receives proper care and medical attention.
17-17 SECTION 17. Section 575.011, Health and Safety Code, is
17-18 amended to read as follows:
17-19 Sec. 575.011. TRANSFER TO DEPARTMENT MENTAL HEALTH FACILITY
17-20 [STATE MENTAL HOSPITAL] OR LOCAL MENTAL HEALTH [SINGLE PORTAL]
17-21 AUTHORITY. (a) The department may transfer a patient, if the
17-22 transfer is considered advisable, from a department mental health
17-23 facility [state mental hospital] to:
17-24 (1) another department mental health facility [state
17-25 mental hospital]; or
17-26 (2) a mental health facility deemed suitable by the
17-27 local mental health [of a single portal] authority if the authority
18-1 consents.
18-2 (b) A local mental health [single portal] authority may
18-3 transfer a patient from one authority facility to another if the
18-4 transfer is considered advisable.
18-5 (c) A voluntary patient may not be transferred under
18-6 Subsection (a) or (b) without the patient's consent.
18-7 (d) The facility administrator of an inpatient mental health
18-8 facility may, for any reason, transfer an involuntary patient to[:]
18-9 [(1)] a mental health facility deemed suitable by the
18-10 local mental health [of a single portal] authority for the area[;
18-11 or]
18-12 [(2) a state mental hospital designated by the
18-13 department if there is no designated single portal authority for
18-14 the area].
18-15 (e) The facility administrator shall notify the committing
18-16 court and the local mental health [single portal] authority [or
18-17 department, as appropriate,] before transferring a patient under
18-18 Subsection (d).
18-19 SECTION 18. Section 575.012, Health and Safety Code, is
18-20 amended to read as follows:
18-21 Sec. 575.012. TRANSFER OF PERSON WITH MENTAL RETARDATION TO
18-22 DEPARTMENT MENTAL HEALTH FACILITY [STATE HOSPITAL]. (a) An
18-23 inpatient mental health facility may not transfer a patient who is
18-24 also a person with mental retardation to a department mental health
18-25 facility unless, before initiating the transfer, the facility
18-26 administrator of the inpatient mental health facility obtains from
18-27 the commissioner a determination that space is available in a
19-1 department facility unit that is specifically designed to serve
19-2 such a person.
19-3 (b) The department shall maintain an appropriate number of
19-4 hospital-level beds for persons with mental retardation who are
19-5 committed for court-ordered mental health services to meet the
19-6 needs of the local mental health [single portal] authorities. The
19-7 number of beds the department maintains must be determined
19-8 according to the previous year's need.
19-9 SECTION 19. Sections 575.013(a) and (b), Health and Safety
19-10 Code, are amended to read as follows:
19-11 (a) The facility [hospital] administrator of a department
19-12 mental health facility [state mental hospital] may transfer an
19-13 involuntary patient in the facility [hospital] to a state school
19-14 for persons with mental retardation if an examination of the
19-15 patient indicates that the patient has symptoms of mental
19-16 retardation to the extent that training, education, rehabilitation,
19-17 care, treatment, and supervision in a state school are in the
19-18 patient's best interest.
19-19 (b) A certificate containing the diagnosis and the facility
19-20 [hospital] administrator's recommendation of transfer to a specific
19-21 state school shall be furnished to the committing court.
19-22 SECTION 20. Section 531.0345(a), Government Code, is amended
19-23 to read as follows:
19-24 (a) The commission shall require the Texas Department of
19-25 Health and the Texas Department of Mental Health and Mental
19-26 Retardation to coordinate activities related to the development of
19-27 proposed policies and other rules and the interpretation and
20-1 enforcement of adopted policies and other rules that relate to
20-2 mental health services in a facility described by Section
20-3 571.003(10)(B) or (E) [571.003(9)(B) or (E)], Health and Safety
20-4 Code.
20-5 SECTION 21. Section 574.027(e), Health and Safety Code, is
20-6 repealed.
20-7 SECTION 22. This Act takes effect September 1, 2001.