By Madla                                                S.B. No. 83
         77R264 JJT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of intermediate care facilities for
 1-3     persons with mental retardation.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 252.008, Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           Sec. 252.008.  RULES GENERALLY. (a)  The board [department]
 1-8     shall adopt rules related to the administration and implementation
 1-9     of this chapter.
1-10           (b)  The department and the Texas Department of Mental Health
1-11     and Mental Retardation shall cooperate in developing proposed rules
1-12     under this section.  Before the board adopts a rule applicable to a
1-13     facility, the board shall present the proposed rule to the
1-14     commissioner of mental health and mental retardation for review of
1-15     the effects of the proposed rule.  Not later than the 31st day
1-16     after the date the proposed rule is received, the commissioner of
1-17     mental health and mental retardation shall provide the board a
1-18     written statement of the effects of the proposed rule.  The board
1-19     shall consider the statement in adopting a rule under this section.
1-20           SECTION 2.  Section 252.040, Health and Safety Code, is
1-21     amended by adding Subsection (i) to read as follows:
1-22           (i)  The department shall have specialized staff conduct
1-23     inspections, surveys, or investigations of facilities under this
1-24     section.  Members of the specialized staff may not be assigned the
 2-1     duty of inspecting, surveying, or investigating another type of
 2-2     facility or institution.
 2-3           SECTION 3.  Subchapter D, Chapter 252, Health and Safety
 2-4     Code, is amended by adding Section 252.099 to read as follows:
 2-5           Sec. 252.099.  COOPERATION IN FACILITY CLOSURE.  The
 2-6     department and the Texas Department of Mental Health and Mental
 2-7     Retardation shall cooperate closely to ensure that the closure and
 2-8     transition plans for a facility that is closing, and the execution
 2-9     of those plans, ensure the short-term and long-term well-being of
2-10     the clients of the facility.
2-11           SECTION 4.  Section 23, Chapter 1187, Acts of the 76th
2-12     Legislature, Regular Session, 1999, is repealed.
2-13           SECTION 5.  (a)  This Act takes effect immediately if it
2-14     receives a vote of two-thirds of all the members elected to each
2-15     house, as provided by Section 39, Article III, Texas Constitution.
2-16     If this Act does not receive the vote necessary for immediate
2-17     effect, this Act takes effect on the 91st day after the last day of
2-18     the legislative session.
2-19           (b)  Notwithstanding Subsection (a)  of this section,
2-20     Sections 1-3 of this Act take effect September 1, 2001.