1-1     By:  Madla                                              S.B. No. 83
 1-2           (In the Senate - Filed November 13, 2000; January 10, 2001,
 1-3     read first time and referred to Committee on Health and Human
 1-4     Services; February 5, 2001, reported favorably, as amended, by the
 1-5     following vote:  Yeas 7, Nays 0; February 5, 2001, sent to
 1-6     printer.)
 1-7     COMMITTEE AMENDMENT NO. 1                                By:  Madla
 1-8           Amend S.B. No. 83 by striking the sentence that begins on
 1-9     page 1, line 34.
1-10                            A BILL TO BE ENTITLED
1-11                                   AN ACT
1-12     relating to the regulation of intermediate care facilities for
1-13     persons with mental retardation.
1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15           SECTION 1.  Section 252.008, Health and Safety Code, is
1-16     amended to read as follows:
1-17           Sec. 252.008.  RULES GENERALLY.  (a)  The board [department]
1-18     shall adopt rules related to the administration and implementation
1-19     of this chapter.
1-20           (b)  The department and the Texas Department of Mental Health
1-21     and Mental Retardation shall cooperate in developing proposed rules
1-22     under this section.  Before the board adopts a rule applicable to a
1-23     facility, the board shall present the proposed rule to the
1-24     commissioner of mental health and mental retardation for review of
1-25     the effects of the proposed rule.  Not later than the 31st day
1-26     after the date the proposed rule is received, the commissioner of
1-27     mental health and mental retardation shall provide the board a
1-28     written statement of the effects of the proposed rule.  The board
1-29     shall consider the statement in adopting a rule under this section.
1-30           SECTION 2.  Section 252.040, Health and Safety Code, is
1-31     amended by adding Subsection (i) to read as follows:
1-32           (i)  The department shall have specialized staff conduct
1-33     inspections, surveys, or investigations of facilities under this
1-34     section.  Members of the specialized staff may not be assigned the
1-35     duty of inspecting, surveying, or investigating another type of
1-36     facility or institution.
1-37           SECTION 3.  Subchapter D, Chapter 252, Health and Safety
1-38     Code, is amended by adding Section 252.099 to read as follows:
1-39           Sec. 252.099.  COOPERATION IN FACILITY CLOSURE.  The
1-40     department and the Texas Department of Mental Health and Mental
1-41     Retardation shall cooperate closely to ensure that the closure and
1-42     transition plans for a facility that is closing, and the execution
1-43     of those plans, ensure the short-term and long-term well-being of
1-44     the clients of the facility.
1-45           SECTION 4.  Section 23, Chapter 1187, Acts of the 76th
1-46     Legislature, Regular Session, 1999, is repealed.
1-47           SECTION 5.  (a)  This Act takes effect immediately if it
1-48     receives a vote of two-thirds of all the members elected to each
1-49     house, as provided by Section 39, Article III, Texas Constitution.
1-50     If this Act does not receive the vote necessary for immediate
1-51     effect, this Act takes effect on the 91st day after the last day of
1-52     the legislative session.
1-53           (b)  Notwithstanding Subsection (a)  of this section,
1-54     Sections 1 through 3 of this Act take effect September 1, 2001.
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