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


Senate Research Center   S.B. 464
78R3952 JJT-DBy: Nelson
Health & Human Services
2/21/2003
As Filed


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.  As proposed, 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 is in the MHMR's best interest.  S.B.
464 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 Subsections (A) - (H) as
Subdivisions (1) - (8). 

(d) Authorizes the community center to appeal the appointment of a
management team as prescribed by Texas Board of Mental Health and Mental
Retardation rule, which would stay the appointment unless the commissioner
of mental health determines immediate intervention to be in MHMR's best
interest. Deletes text that voided the stay of appointment based on a
finding under Subsection (a)(1)(d). 

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

(b) Provides that the manager or management team's authority over the
center end 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.