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.