By:  Truitt                                                       H.B. No. 96 



A BILL TO BE ENTITLED

AN ACT

relating to the organization and operations of mental health and 
mental retardation services in this state, including the powers and 
duties of the Texas Department of Mental Health and Mental 
Retardation
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 533.035(e), Health and Safety Code, is 
amended to read as follows:
	(e)  The department, together with local mental health and 
mental retardation authorities and other interested persons shall 
develop and implement a plan that may not be effective before August 
31, 2006 whereby in [In] assembling a network of service providers, 
a local mental health and mental retardation authority may serve as 
a provider of last resort and only if the authority demonstrates to 
the department that:
		(1)  the authority has made every reasonable attempt to 
solicit the development of an available and appropriate provider 
base that is sufficient to meet the needs of consumers in its 
service area; and
		(2)  there is not a willing provider of the relevant 
services in the authority's service area or in the county where the 
provision of the services is needed.
	SECTION 2.  Section 533.035(b), Health and Safety Code, is 
amended to read as follows:
	(b)  The department, together with local mental health and 
mental retardation authorities and other interested persons shall 
develop and implement a plan that may not be effective before August 
31, 2006 whereby a [A] provider of services under the waiver program 
shall:
		(1)  develop a person-directed plan and an individual 
program plan for each person who receives services from the 
provider under the waiver program;
		(2)  perform justification and implementation 
functions for the plans described by Subdivision (1);
		(3)  conduct case management under the waiver program, 
other than case management under Subsection (c)(4) in accordance 
with applicable state and federal laws; and
		(4)  plan, coordinate, and review the provision of 
services to all persons who receive services from the service 
provider under the waiver program.
	SECTION 3.  This Act takes effect September 1, 2003.