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AN ACT
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relating to powers, duties, and services of entities serving |
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counties and county residents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.054, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The board shall adopt rules that allow an educator to |
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fulfill up to 12 hours of continuing education by participating in a |
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mental health first aid training program offered by a local mental |
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health authority under Section 1001.203, Health and Safety Code. |
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The number of hours of continuing education an educator may fulfill |
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under this subsection may not exceed the number of hours the |
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educator actually spends participating in a mental health first aid |
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training program. |
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SECTION 2. Section 533.0354, Health and Safety Code, is |
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amended by adding Subsections (a-1), (a-2), and (b-1) to read as |
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follows: |
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(a-1) In addition to the services required under Subsection |
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(a) and using money appropriated for that purpose or money received |
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under the Texas Health Care Transformation and Quality Improvement |
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Program 1115 waiver, a local mental health authority may ensure, to |
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the extent feasible, the provision of assessment services, crisis |
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services, and intensive and comprehensive services using disease |
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management practices for children with serious emotional, |
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behavioral, or mental disturbance not described by Subsection (a) |
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and adults with severe mental illness who are experiencing |
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significant functional impairment due to a mental health disorder |
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not described by Subsection (a) that is defined by the Diagnostic |
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and Statistical Manual of Mental Disorders, 5th Edition (DSM-5), |
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including: |
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(1) major depressive disorder, including single |
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episode or recurrent major depressive disorder; |
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(2) post-traumatic stress disorder; |
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(3) schizoaffective disorder, including bipolar and |
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depressive types; |
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(4) obsessive compulsive disorder; |
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(5) anxiety disorder; |
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(6) attention deficit disorder; |
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(7) delusional disorder; |
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(8) bulimia nervosa, anorexia nervosa, or other eating |
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disorders not otherwise specified; or |
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(9) any other diagnosed mental health disorder. |
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(a-2) The local mental health authority shall ensure that |
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individuals described by Subsection (a-1) are engaged with |
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treatment services in a clinically appropriate manner. |
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(b-1) The department shall require each local mental health |
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authority to incorporate jail diversion strategies into the |
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authority's disease management practices to reduce the involvement |
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of the criminal justice system in managing adults with the |
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following disorders as defined by the Diagnostic and Statistical |
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Manual of Mental Disorders, 5th Edition (DSM-5), who are not |
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described by Subsection (b): |
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(1) post-traumatic stress disorder; |
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(2) schizoaffective disorder, including bipolar and |
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depressive types; |
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(3) anxiety disorder; or |
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(4) delusional disorder. |
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SECTION 3. Subchapter B, Chapter 533, Health and Safety |
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Code, is amended by adding Sections 533.051, 533.052, and 533.053 |
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to read as follows: |
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Sec. 533.051. ALLOCATION OF OUTPATIENT MENTAL HEALTH |
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SERVICES AND BEDS IN STATE HOSPITALS. (a) To ensure the |
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appropriate and timely provision of mental health services to |
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patients who voluntarily receive those services or who are ordered |
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by a court to receive those services in civil or criminal |
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proceedings, the department, in conjunction with the commission, |
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shall plan for the proper and separate allocation of outpatient or |
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community-based mental health services provided by secure and |
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nonsecure outpatient facilities that provide residential care |
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alternatives and mental health services and for the proper and |
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separate allocation of beds in the state hospitals for the |
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following two groups of patients: |
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(1) patients who are voluntarily receiving outpatient |
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or community-based mental health services, voluntarily admitted to |
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a state hospital under Chapter 572, admitted to a state hospital for |
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emergency detention under Chapter 573, or ordered by a court under |
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Chapter 574 to receive inpatient mental health services at a state |
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hospital or outpatient mental health services from an outpatient |
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facility that provides residential care alternatives and mental |
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health services; and |
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(2) patients who are ordered to participate in an |
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outpatient treatment program to attain competency to stand trial |
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under Chapter 46B, Code of Criminal Procedure, or committed to a |
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state hospital or other facility to attain competency to stand |
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trial under Chapter 46B, Code of Criminal Procedure, or to receive |
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inpatient mental health services following an acquittal by reason |
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of insanity under Chapter 46C, Code of Criminal Procedure. |
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(b) The plan developed by the department under Subsection |
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(a) must include: |
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(1) a determination of the needs for outpatient mental |
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health services of the two groups of patients described by |
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Subsection (a); |
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(2) a determination of the minimum number of beds that |
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the state hospital system must maintain to adequately serve the two |
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groups of patients; |
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(3) a statewide plan for and the allocation of |
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sufficient funds for meeting the outpatient mental health service |
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needs of and for the maintenance of beds by the state hospitals for |
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the two groups of patients; and |
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(4) a process to address and develop, without adverse |
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impact to local service areas, the accessibility and availability |
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of sufficient outpatient mental health services provided to and |
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beds provided by the state hospitals to the two groups of patients |
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based on the success of contractual outcomes with mental health |
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service providers and facilities under Sections 533.034 and |
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533.052. |
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(c) To assist in the development of the plan under |
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Subsection (a), the department shall establish and meet at least |
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monthly with an advisory panel composed of the following persons: |
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(1) one representative designated by the Texas |
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Department of Criminal Justice; |
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(2) one representative designated by the Texas |
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Association of Counties; |
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(3) two representatives designated by the Texas |
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Council of Community Centers, including one representative of an |
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urban local service area and one representative of a rural local |
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service area; |
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(4) two representatives designated by the County |
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Judges and Commissioners Association of Texas, including one |
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representative who is the presiding judge of a court with |
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jurisdiction over mental health matters; |
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(5) one representative designated by the Sheriffs' |
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Association of Texas; |
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(6) two representatives designated by the Texas |
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Municipal League, including one representative who is a municipal |
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law enforcement official; |
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(7) one representative designated by the Texas |
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Conference of Urban Counties; |
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(8) two representatives designated by the Texas |
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Hospital Association, including one representative who is a |
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physician; |
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(9) one representative designated by the Texas |
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Catalyst for Empowerment; and |
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(10) four representatives designated by the |
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Department of State Health Services' Council for Advising and |
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Planning for the Prevention and Treatment of Mental and Substance |
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Use Disorders, including: |
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(A) the chair of the council; |
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(B) one representative of the council's members |
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who is a consumer of or advocate for mental health services; |
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(C) one representative of the council's members |
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who is a consumer of or advocate for substance abuse treatment; and |
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(D) one representative of the council's members |
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who is a family member of or advocate for persons with mental health |
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and substance abuse disorders. |
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(d) In developing the plan under Subsection (a), the |
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department and advisory panel shall consider: |
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(1) needs for outpatient mental health services of the |
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two groups of patients described by Subsection (a); |
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(2) the frequency of use of beds and the historical |
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patterns of use of beds in the state hospitals and other facilities |
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by the two groups of patients; |
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(3) local needs and demands for outpatient mental |
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health services by the two groups of patients; |
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(4) local needs and demands for beds in the state |
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hospitals and other facilities for the two groups of patients; |
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(5) the availability of outpatient mental health |
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service providers and inpatient mental health facilities that may |
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be contracted with to provide outpatient mental health services and |
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beds for the two groups of patients; |
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(6) the differences between the two groups of patients |
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with regard to: |
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(A) admission to and discharge from a state |
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hospital or outpatient facility; |
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(B) rapid stabilization and discharge to the |
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community; |
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(C) length of stay in a state hospital or |
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outpatient facility; |
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(D) disputes arising from the determination of a |
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patient's length of stay in a state hospital by a health maintenance |
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organization or a managed care organization; |
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(E) third-party billing; and |
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(F) legal challenges or requirements related to |
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the examination and treatment of the patients; and |
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(7) public input provided to the department or |
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advisory panel in a form and at a time and place that is effective |
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and appropriate and in a manner that complies with any applicable |
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laws, including administrative rules. |
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(e) The department shall update the plan biennially. |
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(f) Not later than December 31, 2013, the department, in |
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conjunction with the advisory panel, shall develop the initial |
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version of the plan required by Subsection (a). |
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(g) Not later than August 31, 2014, the department shall: |
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(1) identify standards and methodologies for the |
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implementation of the plan required by Subsection (a); and |
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(2) begin implementing the plan. |
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(h) Not later than December 1, 2014, the department shall |
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submit a report to the legislature and governor that includes the |
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initial version of the plan, the status of the plan's |
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implementation, and the impact of the plan on the delivery of |
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services. |
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(i) While the plan required by Subsection (a) is being |
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developed and implemented, the department may not, pursuant to any |
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rule, contract, or directive, impose a sanction, penalty, or fine |
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on a local mental health authority for the authority's |
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noncompliance with any methodology or standard adopted or applied |
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by the department relating to the allocation of beds by authorities |
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for the two groups of patients described by Subsection (a). |
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Sec. 533.052. CONTRACTING WITH CERTAIN MENTAL HEALTH |
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SERVICE PROVIDERS AND FACILITIES TO PROVIDE SERVICES AND BEDS FOR |
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CERTAIN PERSONS. The department shall make every effort, through |
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collaboration and contractual arrangements with local mental |
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health authorities, to contract with and use a broad base of local |
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community outpatient mental health service providers and inpatient |
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mental health facilities, as appropriate, to make available a |
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sufficient and appropriately located amount of outpatient mental |
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health services and a sufficient and appropriately located number |
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of beds in inpatient mental health facilities, as specified in the |
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plan developed by the department under Section 533.051, to ensure |
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the appropriate and timely provision of mental health services to |
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the two groups of patients described by Section 533.051(a). |
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Sec. 533.053. INFORMING COURTS OF COMMITMENT OPTIONS. The |
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department shall develop and implement a procedure through which a |
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court that has the authority to commit a person who is incompetent |
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to stand trial or who has been acquitted by reason of insanity under |
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Chapters 46B and 46C, Code of Criminal Procedure, is aware of all of |
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the commitment options for the person, including jail diversion and |
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community-based programs. |
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SECTION 4. Chapter 1001, Health and Safety Code, is amended |
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by adding Subchapter H to read as follows: |
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SUBCHAPTER H. MENTAL HEALTH FIRST AID TRAINING |
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Sec. 1001.201. DEFINITIONS. In this subchapter: |
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(1) "Educator" means a person who is required to hold a |
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certificate issued under Subchapter B, Chapter 21, Education Code. |
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(2) "Local mental health authority" has the meaning |
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assigned by Section 531.002 and includes the local behavioral |
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health authority for the NorthSTAR Behavioral Health Program. |
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(3) "Regional education service center" means a |
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regional education service center established under Chapter 8, |
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Education Code. |
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Sec. 1001.202. GRANTS FOR TRAINING OF MENTAL HEALTH FIRST |
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AID TRAINERS. (a) To the extent funds are appropriated to the |
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department for that purpose, the department shall make grants to |
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local mental health authorities to contract with persons approved |
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by the department to train employees or contractors of the |
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authorities as mental health first aid trainers. |
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(b) Except as provided by Subsection (c), the department |
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shall make each grant to a local mental health authority under this |
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section in an amount equal to $1,000 times the number of employees |
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or contractors of the authority whose training as mental health |
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first aid trainers will be paid by the grant. |
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(c) For each state fiscal year, the total amount the |
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department may grant to a local mental health authority under this |
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section may not exceed the lesser of $30,000 or three percent of the |
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funds appropriated to the department for making grants under this |
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section. |
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(d) The executive commissioner shall adopt rules to |
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establish the requirements for a person to be approved by the |
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department to train employees or contractors of a local mental |
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health authority as mental health first aid trainers. The rules |
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must ensure that a person who is approved by the department is |
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qualified to provide training in: |
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(1) the potential risk factors and warning signs for |
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various mental illnesses, including depression, anxiety, trauma, |
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psychosis, eating disorders, substance abuse disorders, and |
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self-injury; |
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(2) the prevalence of various mental illnesses in the |
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United States and the need to reduce the stigma associated with |
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mental illness; |
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(3) an action plan for use by the employees or |
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contractors that involves the use of skills, resources, and |
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knowledge to assess a situation and develop and implement an |
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appropriate intervention to help an individual experiencing a |
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mental health crisis obtain appropriate professional care; and |
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(4) the evidence-based professional, peer, social, |
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and self-help resources available to help individuals with mental |
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illness. |
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(e) Two or more local mental health authorities may |
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collaborate and share resources to provide training for employees |
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or contractors of the authorities under this section. |
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Sec. 1001.203. GRANTS FOR TRAINING CERTAIN EDUCATORS IN |
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MENTAL HEALTH FIRST AID. (a) To the extent funds are appropriated |
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to the department for that purpose, the department shall make |
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grants to local mental health authorities to provide an approved |
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mental health first aid training program, administered by mental |
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health first aid trainers, at no cost to educators. |
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(b) For each state fiscal year, the total amount the |
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department may grant to a local mental health authority under this |
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section may not exceed the lesser of $40,000 or three percent of the |
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funds appropriated to the department for making grants under this |
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section. |
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(c) Subject to the limit provided by Subsection (b), out of |
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the funds appropriated to the department for making grants under |
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this section, the department shall grant $100 to a local mental |
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health authority for each educator who successfully completes a |
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mental health first aid training program provided by the authority |
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under this section. |
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(d) A mental health first aid training program provided by a |
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local mental health authority under this section must: |
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(1) be conducted by a person trained as a mental health |
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first aid trainer; |
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(2) provide participants with the skills necessary to |
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help an individual experiencing a mental health crisis until the |
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individual is able to obtain appropriate professional care; and |
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(3) include: |
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(A) instruction in a five-step strategy for |
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helping an individual experiencing a mental health crisis, |
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including assessing risk, listening respectfully to and supporting |
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the individual, and identifying professional help and other |
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supports for the individual; |
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(B) an introduction to the risk factors and |
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warning signs for mental illness and substance abuse problems; |
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(C) experiential activities to increase |
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participants' understanding of the impact of mental illness on |
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individuals and families; and |
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(D) a presentation of evidence-supported |
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treatment and self-help strategies. |
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(e) A local mental health authority may contract with a |
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regional education service center to provide a mental health first |
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aid training program to educators under this section. |
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(f) Two or more local mental health authorities may |
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collaborate and share resources to develop and operate a mental |
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health first aid training program under this section. |
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Sec. 1001.204. PLANS FOR MENTAL HEALTH FIRST AID TRAINING |
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PROGRAMS. (a) Not later than October 1 of each state fiscal year |
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for which a local mental health authority will seek a grant from the |
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department under Section 1001.203, the authority shall submit to |
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the department a plan demonstrating the manner in which grants made |
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to the authority under that section will be used: |
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(1) to train individuals in mental health first aid |
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throughout the authority's local service area to maximize the |
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number of children who have direct contact with an individual who |
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has successfully completed a mental health first aid training |
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program provided by the authority; |
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(2) to meet the greatest needs of the authority's local |
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service area, as identified by the authority; and |
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(3) to complement existing resources and not duplicate |
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established mental health first aid training efforts. |
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(b) The department may not make a grant to a local mental |
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health authority under Section 1001.203 unless the department has |
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evaluated a plan submitted by the authority under this section. |
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Sec. 1001.205. REPORTS. (a) Not later than July 1 of each |
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year, a local mental health authority shall provide to the |
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department the number of: |
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(1) employees and contractors of the authority who |
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were trained as mental health first aid trainers under Section |
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1001.202; |
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(2) educators who completed a mental health first aid |
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training program offered by the authority under Section 1001.203 |
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during the preceding calendar year; and |
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(3) individuals who are not educators who completed a |
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mental health first aid training program offered by the authority |
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during the preceding calendar year. |
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(b) Not later than August 1 of each year, the department |
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shall compile the information submitted by local mental health |
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authorities as required by Subsection (a) and submit a report to the |
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legislature containing the number of: |
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(1) authority employees and contractors trained as |
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mental health first aid trainers; |
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(2) educators who completed a mental health first aid |
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training program provided by an authority during the preceding |
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calendar year; and |
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(3) individuals who are not educators who completed a |
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mental health first aid training program provided by an authority |
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during the preceding calendar year. |
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Sec. 1001.206. LIABILITY. A person who has completed a |
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mental health first aid training program offered by a local mental |
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health authority under this subchapter and who in good faith |
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attempts to assist an individual experiencing a mental health |
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crisis is not liable in civil damages for an act performed in |
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attempting to assist the individual unless the act is wilfully or |
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wantonly negligent. |
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SECTION 5. Subtitle A, Title 3, Special District Local Laws |
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Code, is amended by adding Chapter 1122 to read as follows: |
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CHAPTER 1122. HIDALGO COUNTY HOSPITAL DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1122.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Hidalgo County Hospital |
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District. |
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Sec. 1122.002. DISTRICT AUTHORIZATION. The Hidalgo County |
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Hospital District may be created and, if created, operates and is |
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financed as provided by Section 9, Article IX, Texas Constitution, |
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and by this chapter. |
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Sec. 1122.003. ESSENTIAL PUBLIC FUNCTION. The district is |
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a public entity performing an essential public function. |
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Sec. 1122.004. DISTRICT TERRITORY. The boundaries of the |
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district are coextensive with the boundaries of Hidalgo County. |
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Sec. 1122.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
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OBLIGATION. The state may not be obligated for the support or |
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maintenance of the district. |
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Sec. 1122.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
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The legislature may not make a direct appropriation for the |
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construction, maintenance, or improvement of a district facility. |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 1122.021. CREATION ELECTION; ORDERING ELECTION. (a) |
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The district may be created and a tax may be authorized only if the |
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creation and the tax are approved by a majority of the registered |
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voters of the territory of the proposed district voting at an |
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election called and held for that purpose. |
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(b) The Hidalgo County Commissioners Court shall order an |
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election for the registered voters of Hidalgo County on the |
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question of creation of the Hidalgo County Hospital District if the |
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commissioners court receives a petition requesting an election that |
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is signed by at least 50 registered voters who are residents of |
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Hidalgo County. |
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(c) The order calling an election under this section must |
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state: |
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(1) the nature of the election, including the |
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proposition that is to appear on the ballot; |
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(2) the date of the election; |
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(3) the hours during which the polls will be open; and |
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(4) the location of the polling places. |
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(d) Section 41.001(a), Election Code, does not apply to an |
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election ordered under this section. |
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(e) The Hidalgo County Commissioners Court shall give |
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notice of an election under this section by publishing a |
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substantial copy of the election order in a newspaper with general |
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circulation in Hidalgo County once a week for two consecutive |
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weeks. The first publication must appear not later than the 30th |
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day before the date set for the election. |
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(f) The ballot for an election under this section must be |
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printed to permit voting for or against the proposition: "The |
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creation of the Hidalgo County Hospital District, providing for the |
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imposition of an ad valorem tax at a rate not to exceed 75 cents on |
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each $100 valuation on all taxable property in the district." |
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(g) The Hidalgo County Commissioners Court shall find that |
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the Hidalgo County Hospital District is created if a majority of the |
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voters voting in the election held under this section favor the |
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creation of the district. |
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SUBCHAPTER B. DISTRICT ADMINISTRATION |
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Sec. 1122.051. DIRECTORS; TERM. (a) If the creation of the |
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district is approved at the election held under Section 1122.021, |
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the district shall be governed by a nine-member board of directors, |
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appointed as follows: |
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(1) the Hidalgo County Commissioners Court shall |
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appoint four directors; |
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(2) the governing body of the municipality with the |
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largest population in Hidalgo County shall appoint two directors; |
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(3) the governing body of the municipality with the |
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second largest population in Hidalgo County shall appoint one |
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director; |
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(4) the governing body of a municipality with the |
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third largest population in Hidalgo County shall appoint one |
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director; and |
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(5) the governing body of a municipality with the |
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fourth largest population in Hidalgo County shall appoint one |
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director. |
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(b) Directors serve staggered four-year terms, with as near |
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as possible to one-fourth of the directors' terms expiring each |
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year. The terms of the initial directors are as follows: |
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(1) the directors appointed by the governing bodies of |
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the municipalities in Hidalgo County described by Subsection (a) |
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shall draw lots to determine which two directors serve a one-year |
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term, which director serves a two-year term, which director serves |
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a three-year term, and which director serves a four-year term; and |
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(2) the directors appointed by the Hidalgo County |
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Commissioners Court shall draw lots to determine which director |
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serves a one-year term, which director serves a two-year term, |
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which director serves a three-year term, and which director serves |
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a four-year term. |
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(c) A director may not serve more than two consecutive |
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four-year terms. |
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Sec. 1122.052. QUALIFICATIONS. The Hidalgo County |
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Commissioners Court shall by order provide for the qualifications |
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of appointees to the board. The qualifications must provide that a |
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person is not eligible for appointment to the board if the person |
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is: |
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(1) an employee of Hidalgo County; |
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(2) a district employee; or |
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(3) related within the third degree of consanguinity |
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or affinity, as determined under Subchapter B, Chapter 573, |
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Government Code, to a member of the commissioners court or to a |
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person described by Subdivision (1) or (2). |
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Sec. 1122.053. OFFICERS. (a) The board shall elect from |
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among the directors: |
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(1) a chairman; and |
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(2) a vice-chairman to preside in the chairman's |
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absence. |
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(b) The board shall elect a director or the district |
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administrator to serve as secretary. |
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Sec. 1122.054. COMPENSATION; REIMBURSEMENT. A director or |
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officer serves without compensation but may be reimbursed for |
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actual expenses incurred in the performance of official duties. |
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The expenses must be: |
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(1) reported in the district's records; and |
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(2) approved by the board. |
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Sec. 1122.055. DIRECTOR'S BOND. (a) Before assuming the |
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duties of office, each director must execute a bond in the amount of |
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$5,000 payable to the district and conditioned on the faithful |
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performance of the director's duties. |
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(b) The bond shall be kept in the permanent records of the |
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district. |
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(c) The board may pay for a director's bond with district |
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money. |
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Sec. 1122.056. BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the remainder of the unexpired term. |
|
Sec. 1122.057. VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in matters relating |
|
to district business. |
|
Sec. 1122.058. DISTRICT ADMINISTRATOR; ADMINISTRATOR'S |
|
BOND. (a) The board may appoint a qualified person as district |
|
administrator. |
|
(b) The district administrator serves at the will of the |
|
board. |
|
(c) The district administrator is entitled to compensation |
|
determined by the board. |
|
(d) Before assuming the duties of district administrator, |
|
the administrator must execute a bond payable to the district in an |
|
amount not less than $5,000, as determined by the board, |
|
conditioned on the faithful performance of the administrator's |
|
duties. |
|
(e) The board may pay for the bond with district money. |
|
Sec. 1122.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. |
|
Sec. 1122.060. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
(a) The board may appoint qualified persons as assistant district |
|
administrator and attorney for the district. |
|
(b) The assistant district administrator and attorney for |
|
the district serve at the will of the board. |
|
(c) The assistant district administrator and attorney for |
|
the district are entitled to compensation determined by the board. |
|
Sec. 1122.061. EMPLOYEES. (a) The district may employ |
|
nurses, technicians, fiscal agents, accountants, architects, |
|
additional attorneys, and other necessary employees. |
|
(b) The board may delegate to the district administrator the |
|
authority to employ persons for the district. |
|
Sec. 1122.062. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. |
|
The board may spend district money, enter into agreements, and take |
|
other necessary actions to recruit physicians and other persons to |
|
serve as medical staff members or district employees. The actions |
|
may include: |
|
(1) advertising and marketing; |
|
(2) paying travel, recruitment, and relocation |
|
expenses; |
|
(3) providing a loan or scholarship to a physician or a |
|
person currently enrolled in health care education courses at an |
|
institution of higher education who contracts to become a medical |
|
staff member or district employee; or |
|
(4) contracting with a full-time medical student or |
|
other student in a health occupation who is enrolled in and in good |
|
standing at an accredited medical school, college, or university to |
|
pay the student's tuition or other expenses for the consideration |
|
of the student agreeing to serve as an employee or independent |
|
contractor for the district. |
|
Sec. 1122.063. APPOINTMENT AND REMOVAL OF MEDICAL STAFF. |
|
The board may: |
|
(1) appoint to the medical staff any doctor the board |
|
considers necessary for the efficient operation of the district; |
|
(2) remove any doctor from the medical staff, after |
|
due process, if the board considers the doctor's removal necessary |
|
for the efficient operation of the district; and |
|
(3) make temporary appointments to the medical staff |
|
as the board considers necessary. |
|
Sec. 1122.064. RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1122.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating hospital facilities and |
|
providing medical and hospital care for the district's needy |
|
residents. |
|
Sec. 1122.102. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the money and resources of the district. |
|
Sec. 1122.103. RULES. The board may adopt rules governing: |
|
(1) the operation of the hospital and hospital system; |
|
and |
|
(2) the duties, functions, and responsibilities of |
|
district staff and employees. |
|
Sec. 1122.104. PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. |
|
Sec. 1122.105. PROVISION OF CERTAIN HEALTH SERVICES. (a) |
|
The district may operate or provide for the operation of a mobile |
|
emergency medical service. |
|
(b) The district may operate or provide for home health |
|
services, long-term care, skilled nursing care, intermediate |
|
nursing care, or hospice care. |
|
Sec. 1122.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The board may: |
|
(1) acquire property, facilities, and equipment for |
|
the district for use in the hospital system; |
|
(2) mortgage or pledge the property, facilities, or |
|
equipment as security for payment of the purchase price; |
|
(3) sell or otherwise dispose of property, facilities, |
|
or equipment for the district; or |
|
(4) lease hospital facilities for the district. |
|
Sec. 1122.107. OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into operating or management contracts relating to |
|
hospital facilities for the district. |
|
Sec. 1122.108. SERVICE CONTRACTS. (a) The board may |
|
contract with a public or private hospital, a political subdivision |
|
of the state, or a state or federal agency for the district to |
|
provide a mobile emergency medical service or other health care |
|
services needed to provide for the investigatory or welfare needs |
|
of residents of the district. |
|
(b) The board may contract with a person to receive or |
|
supply the services the board considers necessary for the effective |
|
operation of the district. |
|
Sec. 1122.109. EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in property located in district territory if the |
|
interest is necessary for the district to exercise the rights or |
|
authority conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except that the |
|
district is not required to deposit with the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide bond or other security |
|
for costs in the trial court; |
|
(2) provide bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. |
|
Sec. 1122.110. COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade, or |
|
altering the construction of any railroad, highway, pipeline, or |
|
electric transmission and electric distribution, telegraph, or |
|
telephone line, conduit, pole, or facility, the district shall pay |
|
the actual cost of that activity to provide a comparable |
|
replacement, without enhancement of facilities, after deducting |
|
the net salvage value derived from the old facility. |
|
Sec. 1122.111. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any direction, limitation, or provision in |
|
writing by the donor that is consistent with the proper management |
|
of the district. |
|
Sec. 1122.112. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a person who resides in the district is admitted as a patient |
|
to a district facility, the district administrator may have an |
|
inquiry made into the financial circumstances of: |
|
(1) the patient; and |
|
(2) a relative of the patient who is legally |
|
responsible for the patient's support. |
|
(b) To the extent that the patient or a relative of the |
|
patient who is legally responsible for the patient's support cannot |
|
pay for care and treatment provided by the district, the district |
|
shall supply the care and treatment without charging the patient or |
|
the patient's relative. |
|
(c) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or part of the |
|
care and treatment provided by the district, the district |
|
administrator shall report that determination to the board, and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the person's ability to pay. |
|
(d) The district administrator may collect money owed to the |
|
district from the patient's estate or from that of a relative |
|
legally responsible for the patient's support in the manner |
|
provided by law for the collection of expenses in the last illness |
|
of a deceased person. |
|
(e) If there is a dispute relating to a person's ability to |
|
pay or if the district administrator has any doubt concerning a |
|
person's ability to pay, the board shall call witnesses, hear and |
|
resolve the question, and issue a final order. The order may be |
|
appealed to a district court in any county in which the district is |
|
located. The substantial evidence rule applies to an appeal under |
|
this subsection. |
|
Sec. 1122.113. REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require a county, municipality, or public hospital located |
|
outside of the district to reimburse the district for the |
|
district's care and treatment of a sick or injured person of that |
|
county, municipality, or hospital, as provided by Chapter 61, |
|
Health and Safety Code. |
|
(b) The board shall require the sheriff of Hidalgo County to |
|
reimburse the district for the district's care and treatment of a |
|
person who is confined in a jail facility of Hidalgo County and is |
|
not a resident of the district. |
|
(c) On behalf of the district, the board may contract with |
|
the state or federal government for that government to reimburse |
|
the district for treatment of a sick or injured person. |
|
Sec. 1122.114. NONPROFIT CORPORATION. (a) The district |
|
may create and sponsor a nonprofit corporation under the Business |
|
Organizations Code and may contribute money to or solicit money for |
|
the corporation. |
|
(b) A corporation created under this section may use money |
|
contributed by the district only to provide health care or other |
|
services the district is authorized to provide under this chapter. |
|
(c) The corporation may invest the corporation's money in |
|
any manner in which the district may invest the district's money, |
|
including investing money as authorized by Chapter 2256, Government |
|
Code. |
|
(d) The board shall establish controls to ensure that the |
|
corporation uses its money as required by this section. |
|
Sec. 1122.115. LOANS AND GRANTS FOR ECONOMIC DEVELOPMENT |
|
PURPOSES. Under the authority granted by Section 52-a, Article |
|
III, Texas Constitution, the district may loan or grant money to any |
|
person for the development of medical education and research in the |
|
district. |
|
Sec. 1122.116. AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued on behalf of the district. |
|
Sec. 1122.117. CONSTRUCTION CONTRACTS; ADVERTISING FOR |
|
CERTAIN CONSTRUCTION CONTRACTS. (a) The board may enter into a |
|
construction contract on the district's behalf. |
|
(b) The board may enter into a construction contract only |
|
after competitive bidding as provided by Subchapter B, Chapter 271, |
|
Local Government Code, if the amount of the contract is greater than |
|
the amount provided by Section 271.024 of that code. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1122.151. BUDGET. (a) The district administrator |
|
shall prepare a proposed annual budget for the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand to the credit of each |
|
fund of the district; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenues and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. |
|
Sec. 1122.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper with general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make a change in the proposed budget |
|
that the board determines to be in the interests of the taxpayers. |
|
(e) The budget is effective only after adoption by the |
|
board. |
|
Sec. 1122.153. AMENDMENT OF BUDGET. After the budget is |
|
adopted, the budget may be amended on the board's approval. |
|
Sec. 1122.154. FISCAL YEAR. (a) The district operates |
|
according to a fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period in which revenue bonds of the |
|
district are outstanding; or |
|
(2) more than once in a 24-month period. |
|
Sec. 1122.155. ANNUAL AUDIT. The board shall have an annual |
|
audit made of the financial condition of the district. |
|
Sec. 1122.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records are open to |
|
inspection during regular business hours at the principal office of |
|
the district. |
|
Sec. 1122.157. FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board a sworn statement of the amount of |
|
district money and an account of the disbursement of that money. |
|
Sec. 1122.158. SHORT-TERM FINANCING. The district may |
|
borrow money through short-term financing. |
|
Sec. 1122.159. DEBT LIMITATION. Except as provided by this |
|
chapter and Chapter 1207, Government Code, the district may not |
|
incur a debt payable from district revenue other than revenue |
|
available in the current fiscal year and the immediately following |
|
fiscal year of the district. |
|
Sec. 1122.160. DEPOSITORY. (a) The board shall select at |
|
least one bank to serve as a depository for district money. |
|
(b) The board may solicit bids from local financial |
|
institutions to determine which institution may serve as a |
|
depository for district money. |
|
(c) District money, other than money invested as provided by |
|
Section 1122.161 and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. This subsection does not limit the board's power to place |
|
part of the district's money on time deposit or to purchase |
|
certificates of deposit. |
|
Sec. 1122.161. RESTRICTION ON INVESTMENT. The board may |
|
invest operating, depreciation, or building reserves only in funds |
|
or securities specified by Chapter 2256, Government Code. |
|
SUBCHAPTER E. BONDS |
|
Sec. 1122.201. GENERAL OBLIGATION BONDS. If authorized by |
|
an election, the board may issue and sell general obligation bonds |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for hospital |
|
purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service. |
|
Sec. 1122.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1122.201, the board shall impose an ad valorem tax in an |
|
amount sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
tax the district imposes in any year may not exceed the limit |
|
approved by the voters at the election authorizing the imposition |
|
of taxes. |
|
Sec. 1122.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the voters voting in an election held |
|
for that purpose. |
|
(b) The board may order a bond election. The order calling |
|
the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of polling places; |
|
(4) the amounts of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(c) Notice of a bond election must be given as provided by |
|
Chapter 1251, Government Code. |
|
(d) The board shall declare the results of the election. |
|
Sec. 1122.204. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) acquire, purchase, construct, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; |
|
(2) acquire sites to be used for hospital purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service to assist the district in carrying out its hospital |
|
purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenues derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of the district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, |
|
Health and Safety Code, for issuance of revenue bonds by county |
|
hospital authorities. |
|
Sec. 1122.205. MATURITY. District bonds must mature not |
|
later than 40 years after the date of their issuance. |
|
Sec. 1122.206. EXECUTION OF BONDS. (a) The board president |
|
shall execute district bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. |
|
Sec. 1122.207. BONDS NOT SUBJECT TO TAXATION. The |
|
following are not subject to taxation by the state or by a political |
|
subdivision of the state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. |
|
SUBCHAPTER F. AD VALOREM TAX |
|
Sec. 1122.251. IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
hospital district taxation. |
|
(b) The tax may be used to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. |
|
Sec. 1122.252. TAX RATE. (a) The tax rate on all taxable |
|
property in the district for all purposes may not exceed 75 cents on |
|
each $100 valuation of the property according to the most recent |
|
certified tax appraisal roll of the district. |
|
(b) In setting the tax rate, the board shall consider |
|
district income from sources other than taxation. |
|
Sec. 1122.253. TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1122.301. DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only on approval of a majority of the voters voting |
|
in an election held for that purpose. |
|
(b) The board may order an election on the question of |
|
dissolving the district and disposing of the district's assets and |
|
obligations. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 15 |
|
percent of the district's registered voters. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition that is to appear on the ballot; |
|
(2) the date of the election; |
|
(3) the hours during which the polls will be open; and |
|
(4) the location of the polling places. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. |
|
Sec. 1122.302. NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing a |
|
substantial copy of the election order in a newspaper with general |
|
circulation in the district once a week for two consecutive weeks. |
|
(b) The first publication must appear not later than the |
|
30th day before the date set for the election. |
|
Sec. 1122.303. BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Hidalgo County Hospital |
|
District." |
|
Sec. 1122.304. ELECTION RESULTS. (a) If a majority of the |
|
votes in an election under this subchapter favor dissolution, the |
|
board shall order that the district be dissolved. |
|
(b) If a majority of the votes in an election under this |
|
subchapter do not favor dissolution, the board shall continue to |
|
administer the district, and another election on the question of |
|
dissolution may not be held before the first anniversary of the date |
|
of the most recent election to dissolve the district. |
|
Sec. 1122.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
|
If a majority of the votes in an election under this subchapter |
|
favor dissolution, the board shall: |
|
(1) transfer the land, buildings, improvements, |
|
equipment, and other assets belonging to the district to Hidalgo |
|
County or another governmental entity in Hidalgo County; or |
|
(2) administer the property, assets, and debts of the |
|
district until all money has been disposed of and all district debts |
|
have been paid or settled. |
|
(b) If the board makes the transfer under Subsection (a)(1), |
|
the county or entity assumes all debts and obligations of the |
|
district at the time of the transfer and the district is dissolved. |
|
(c) If Subsection (a)(1) does not apply and the board |
|
administers the property, assets, and debts of the district under |
|
Subsection (a)(2), the district is dissolved when all money has |
|
been disposed of and all district debts have been paid or settled. |
|
Sec. 1122.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) After the board determines that the district is |
|
dissolved, the board shall: |
|
(1) determine the debt owed by the district; and |
|
(2) impose on the property included in the district's |
|
tax rolls a tax that is in proportion of the debt to the property |
|
value. |
|
(b) On the payment of all outstanding debts and obligations |
|
of the district, the board shall order the secretary to return to |
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
tax money. |
|
(c) A taxpayer may request that the taxpayer's share of |
|
surplus tax money be credited to the taxpayer's county taxes. If a |
|
taxpayer requests the credit, the board shall direct the secretary |
|
to transmit the funds to the tax assessor-collector for Hidalgo |
|
County. |
|
Sec. 1122.307. REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all its debts and has disposed of all its money |
|
and other assets as prescribed by this subchapter, the board shall |
|
file a written report with the Hidalgo County Commissioners Court |
|
summarizing the board's actions in dissolving the district. |
|
(b) Not later than the 10th day after the date the Hidalgo |
|
County Commissioners Court receives the report and determines that |
|
the requirements of this subchapter have been fulfilled, the |
|
commissioners court shall enter an order dissolving the district |
|
and releasing the board from any further duty or obligation. |
|
SECTION 6. (a) Section 1001.206, Health and Safety Code, as |
|
added by this Act, applies only to a cause of action that accrues on |
|
or after the effective date of this Act. A cause of action that |
|
accrues before the effective date of this Act is governed by the law |
|
in effect immediately before that date, and that law is continued in |
|
effect for that purpose. |
|
(b) Not later than May 1, 2014, the executive commissioner |
|
of the Health and Human Services Commission shall adopt any rules |
|
necessary to implement Section 533.051, Health and Safety Code, as |
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added by this Act, and the rules required by Section 533.053, Health |
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and Safety Code, as added by this Act. |
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SECTION 7. Proof of publication of the notice required to |
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enact Chapter 1122, Special District Local Laws Code, as added by |
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this Act, under the provisions of Section 9, Article IX, Texas |
|
Constitution, has been made in the manner and form provided by law |
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pertaining to the enactment of local and special laws, and the |
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notice is found and declared proper and sufficient to satisfy the |
|
requirement. |
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SECTION 8. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2013. |
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(b) Section 533.0354, Health and Safety Code, as amended by |
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this Act, takes effect January 1, 2014. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3793 was passed by the House on May |
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10, 2013, by the following vote: Yeas 138, Nays 5, 2 present, not |
|
voting; that the House refused to concur in Senate amendments to |
|
H.B. No. 3793 on May 24, 2013, and requested the appointment of a |
|
conference committee to consider the differences between the two |
|
houses; and that the House adopted the conference committee report |
|
on H.B. No. 3793 on May 26, 2013, by the following vote: Yeas 113, |
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Nays 26, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3793 was passed by the Senate, with |
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amendments, on May 22, 2013, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
|
committee to consider the differences between the two houses; and |
|
that the Senate adopted the conference committee report on H.B. No. |
|
3793 on May 26, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |