SRC-TJG H.B. 834 78(R) BILL ANALYSIS Senate Research CenterH.B. 834 78R8758 JJT-DBy: Delisi (Nelson) Administration 5/3/2003 Engrossed DIGEST AND PURPOSE Currently Texas law requires the Texas Department of Mental Health and Mental Retardation (MHMR) to complete an appeals process before installing a manager or management team to oversee a community center that fails to meet contract requirements, except when those failures endanger the life, health, or safety of a client. This allows an increased negative impact on the center and its clients from negligent management. H.B. 834 retains a center's ability to appeal, but allows MHMR to appoint a manager or management team to oversee a center prior to the determination of an appeal if it determines that is in MHMR's best interest. H.B. 834 also deletes contract sanctions language that already exists in the contract. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 534.038(a) and (d), Health and Safety Code, as follows: (a) Redesignates Subdivision (1) as part of the body of Subsection (a) and deletes Subdivision (2). Redesignates Subdivisions (A) - (H) as Subdivisions (1) - (8). (d) Makes conforming changes. SECTION 2. Amends Sections 534.040(b) and (c), Health and Safety Code, as follows: (b) Provides that the authority of the manager or management team over the center ends when the relevant issues no longer apply, rather than no longer exist, and deletes text ending the same authority by MHMR's cancellation of its contract with the center. Makes conforming changes. (c) Makes conforming changes. SECTION 3. Effective date: upon passage or September 1, 2003.