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.