78R5713 SMJ-D

By:  Turner                                                       H.B. No. 2229


A BILL TO BE ENTITLED
AN ACT
relating to transferring programs and activities relating to public mental health services for children from the Texas Department of Mental Health and Mental Retardation to the Health and Human Services Commission. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.066 to read as follows: Sec. 531.066. MENTAL HEALTH SERVICES FOR CHILDREN. Notwithstanding any provision in Title 7, Health and Safety Code, the commission shall administer programs and activities in this state related to the provision of public mental health services to children. SECTION 2. (a) On or before September 1, 2004, as determined by the commissioner of health and human services, all powers, duties, functions, programs, and activities of the Texas Department of Mental Health and Mental Retardation related to the provision of public mental health services to children, and all funds appropriated by the legislature for those powers, duties, functions, programs, and activities, are transferred to the Health and Human Services Commission. (b) On September 1, 2003, all rulemaking and policymaking authority of the Texas Department of Mental Health and Mental Retardation related to the provision of public mental health services to children is transferred to the Health and Human Services Commission. (c) On the date determined by the commissioner of health and human services under Subsection (a) of this section: (1) all obligations and contracts of the Texas Department of Mental Health and Mental Retardation related to the provision of public mental health services to children are transferred to the Health and Human Services Commission; (2) all property and records in the custody of the Texas Department of Mental Health and Mental Retardation related to the provision of public mental health services to children are transferred to the Health and Human Services Commission; and (3) all complaints, investigations, or contested cases that are pending before the Texas Department of Mental Health and Mental Retardation that are related to a power, duty, function, program, or activity transferred under this section are transferred without change in status to the Health and Human Services Commission. (d) A rule or form adopted by the Texas Department of Mental Health and Mental Retardation that relates to a power, duty, function, program, or activity transferred under this section is a rule or form of the Health and Human Services Commission and remains in effect until altered by the commission. (e) A reference in law to the Texas Department of Mental Health and Mental Retardation or to the commissioner of mental health and mental retardation that relates to a power, duty, function, program, or activity transferred under this section includes a reference to the Health and Human Services Commission or the commissioner of health and human services, as appropriate. (f) A license, permit, certification, or order in effect that was issued by the Texas Department of Mental Health and Mental Retardation and that relates to a power, duty, function, program, or activity transferred under this section is continued in effect as a license, permit, certification, or order of the Health and Human Services Commission. SECTION 3. This Act takes effect September 1, 2003.