SRC-TJG, AMY S.B. 464 78(R)BILL ANALYSIS


Senate Research CenterS.B. 464
By: Nelson
Health & Human Services
8/25/2003
Enrolled

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 manger 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.  S.B. 464 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 federal or state money has been misused or
the life, health, or safety of a client is endangered.  

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 Subsections (a) and (b), Section 534.038, Health and
Safety Code, as follows: 

(a) Redesignates Subdivision (1) as part of the body of Subsection (a) and
deletes Subdivision (2). Redesignates Subsections (A) - (H) as
Subdivisions (1) - (8). 

(d) Authorizes a community center to appeal the appointment of a
management team as prescribed by Texas Board of Mental Health and Mental
Retardation (MHMR) rule, which would stay the appointment unless the
commissioner of mental health determines that federal or state money has
been misused, or the life, health, or safety of a client is endangered.
Deletes existing text that voided the stay of appointment based on a
finding under Subsection (a)(1)(d). 

SECTION 2.  Amends Subsections (b) and (c), Section 534.040, Health and
Safety Code, as follows: 

(b) Provides that the manager or management team's authority over the
center continues until the factors listed under Section 534.038(a) no
longer apply, rather than no longer exist.  Deletes text regarding 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.