By:  Deuell                                                       S.B. No. 1182
	(In the Senate - Filed March 11, 2003; March 19, 2003, read 
first time and referred to Committee on Health and Human Services; 
April 14, 2003, reported favorably, as amended, by the following 
vote:  Yeas 9, Nays 0; April 14, 2003, sent to printer.)


COMMITTEE AMENDMENT NO. 1                                                By:  Deuell


Amend S.B. No. 1182 as follows:                                             
	(1)  In SECTION 1 of the bill, immediately following the 
period at the end of proposed Subsection (a), Section 533.0354, 
Health and Safety Code (Committee Printing page 1, line 40), 
insert:

Each local mental health or mental retardation authority shall 
undertake to maximize federal funding.
	(2)  In SECTION 1 of the bill, strike Paragraphs (B), (C), 
and (D), Subdivision (2), Subsection (d), Section 533.0354, Health 
and Safety Code (Committee Printing page 2, lines 1-6), and 
substitute:
			(B)  goals to minimize the need for state hospital 
and community hospital care;
			(C)  goals to ensure a client with mental 
retardation is placed in the least restrictive environment 
appropriate to the person's care;
			(D)  goals to divert consumers from the criminal 
justice system; and
			(E)  opportunities for innovation in services and 
service delivery. 


A BILL TO BE ENTITLED

AN ACT


relating to local area service planning by local mental health or 
mental retardation authorities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 533, Health and Safety 
Code, is amended by adding Section 533.0354 to read as follows:
	Sec. 533.0354.  LOCAL AUTHORITY PLANNING FOR LOCAL SERVICE 
AREA.  (a)  Each local mental health or mental retardation 
authority shall develop a local service area plan to maximize the 
authority's services by using the best and most cost-effective 
means of using federal, state, and local resources to meet the needs 
of the local community according to the relative priority of those 
needs.
	(b)  A local service area plan must be consistent with the 
purposes, goals, and policies stated in Section 531.001 and the 
department's long-range plan developed under Section 533.032.
	(c)  The department and a local mental health or mental 
retardation authority shall use the local authority's local service 
plan as the basis for contracts between the department and the local 
authority and for establishing the local authority's 
responsibility for achieving outcomes related to the needs and 
characteristics of the authority's local service area.
	(d)  In developing the local service area plan, the local 
mental health or mental retardation authority shall:
		(1)  solicit information regarding community needs 
from:             
			(A)  representatives of the local community;                          
			(B)  consumers of community-based mental health 
and mental retardation services and members of the families of 
those consumers; and
			(C)  other interested persons; and                                    
		(2)  consider:                                                         
			(A)  criteria for assuring accountability for, 
cost–effectiveness of, and relative value of service delivery 
options;
			(B)  goals to minimize institutional care of 
consumers and department campus-based services for consumers;
			(C)  goals to divert consumers from the criminal 
justice system; and
			(D)  opportunities for innovation in services and 
service delivery. 
	SECTION 2.  (a)  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect September 1, 2003.
	(b)  Subsection (c), Section 533.0354, Health and Safety 
Code, as added by this Act, applies only to contracts between the 
Texas Department of Mental Health and Mental Retardation and a 
local mental health or mental retardation authority executed on or 
after January 1, 2004.



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