BILL ANALYSIS

 

 

Senate Research Center

S.B. 1923

 

By: Schwertner

 

Finance

 

3/30/2017

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The rundown and dilapidated condition of many state mental hospitals presents a substantial challenge to the State of Texas with regard to how to approach the treatment of mental illness. In total, the campuses of the state hospital system include over 500 buildings with construction dates ranging from 1857 to 1996. In 2014, the state contracted with CannonDesign to develop a comprehensive plan to address critical infrastructure needs in the state hospital system. This plan estimated that it would cost nearly $1 billion to make the necessary repairs and renovations to the state hospital system, and with every year that passes, these cost estimates continue to grow.

Inadequate infrastructure has led to the closure of entire buildings on the campuses of several state hospitals, the loss of critical inpatient capacity, and a legal finding by the Centers for Medicare and Medicaid Services (CMS) that could lead to the closure of entire hospitals. The failure to adequately address the critical infrastructure needs of these facilities has had a profoundly negative impact on state mental health efforts, as well as the justice system, law enforcement resources, and hospital emergency rooms across the state.

 

S.B. 1923 creates a state hospital fund (SHF) for the purpose of funding infrastructure needs in the state's system of inpatient mental hospitals. Money in the SHF can be spent to ensure:

 

         the safety and security of patients, system employees, and visitors;

         that care for patients is provided in a setting that represents the standard of mental health care;

         collaboration with the state's health-related institutions of higher education to educate and expand our mental health workforce; and

         the reduction of recidivism and waiting lists in the state hospital system.

 

As proposed, S.B. 1923 amends current law relating to infrastructure funding for state hospital facilities and other state facilities, including the creation of the state hospital fund.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 552 (State Hospitals), Health and Safety Code, by adding Subchapter E, as follows:

 

SUBCHAPTER E. STATE HOSPITAL FUND

 

Sec. 552.201. PURPOSE; INTENT. (a) Provides that the legislature recognizes the importance of providing funding for this state's infrastructure needs at state hospitals and other state facilities. Provides that the purpose of this Act is to ensure:

 

(1) the safety and security of patients, system employees, and visitors;

 

(2) that care for patients is provided in a setting that represents the standard of mental health care;

 

(3) collaboration with the state's health-related institutions of higher education to educate and expand our mental health workforce; and

 

(4) the reduction of recidivism and waiting lists in the state hospital system.

 

(b) Provides that, to accomplish this purpose, this Act creates the state hospital fund.

 

Sec. 552.202. FUND. (a) Provides that the state hospital fund is in an account in the state treasury.

 

(b) Provides that the fund consists of any amount deposited, paid, or appropriated by the legislature, all amounts paid lawfully into the fund from any other source, and all interest or other earnings on money credited to the fund.

 

(c) Authorizes money deposited to the credit of the fund to be used only as provided by this subchapter.

 

Sec. 552.203. USE OF FUND. Requires that money appropriated from the state hospital fund be used for the purposes described by Section 552.201.

 

SECTION 2. Effective date: September 1, 2017.