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.