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


Senate Research CenterC.S.S.B. 464
78R3952 JJT-D      By: Nelson
Health & Human Services
2-26-2003
Committee Report (Substituted)

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.  C.S.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.  C.S.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 (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 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.


SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1 on page 2, lines 12 and 13 by striking proposed text
"determines that immediate intervention is in the department's best
interest" and inserting "based the appointment on a finding under
Subsection (a)(2) or (4)."