BILL ANALYSIS
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Senate Research Center |
H.B. 446 |
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By: Craddick et al. (Kolkhorst) |
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Health & Human Services |
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4/17/2023 |
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Engrossed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Numerous codes include the term "mental retardation." Previously a commonly used descriptor, today this phrase is derogatory to individuals with intellectual and developmental disabilities.
Nationally, Congress enacted legislation similar to H.B. 446 in 2010. S. 2781, or Rosa's Law, altered the phrase "mentally retarded" in federal health, education, and labor laws. This was passed unanimously in both the House of Representatives and the Senate.
H.B. 446 would primarily amend state statutes to replace the terminology of mental retardation with "intellectual disability." Secondly, the bill eliminates references to outdated and nonexistent health and human services agencies.
The bill changes provisions to the Civil Practice and Remedies Code, Code of Criminal Procedure, Family Code, Finance Code, Government Code, Health and Safety Code, Human Resource Code, Insurance Code, Labor Code, Local Government Code, Occupations Code, Tax Code, and Transportation Code.
H.B. 446 removes references to the Department of Aging and Disability Services, Texas Department of Human Services, Texas Department of Mental Health and Mental Retardation, Department of Assistive and Rehabilitative Services, and the Texas Commission on Alcohol and Drug Abuse.
It substitutes these abolished agencies to represent the current delegation of responsibility.
The introduced version of this bill included the word "severe" with the term "intellectual disability," heightening the standard in the affected statute. A floor amendment in the House addressed this by removing the word "severe."
H.B. 446 amends current law relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.
RULEMAKING AUTHORITY
Rulemaking authority previously granted to the Texas Department of Mental Health and Mental Retardation is transferred to the Health and Human Services Commission in SECTION 5.14 (Section 501.093, Government Code) and SECTION 8.05 (Section 1355.058, Insurance Code) of this bill.
Rulemaking authority previously granted to the Texas Commission on Alcohol and Drug Abuse is transferred to the Health and Human Services Commission in SECTION 5.14 (Section 501.093, Government Code) of this bill.
SECTION BY SECTION ANALYSIS
ARTICLE 1. CIVIL PRACTICE AND REMEDIES CODE PROVISIONS
SECTION 1.01. Amends Sections 74.001(a)(11) and (18), Civil Practice and Remedies Code, to refer to an intellectual disability, rather than mental retardation, and to make nonsubstantive changes.
ARTICLE 2. CODE OF CRIMINAL PROCEDURE PROVISIONS
SECTION 2.01. Amends Article 46C.001(4), Code of Criminal Procedure, to refer to an intellectual disability, rather than mental retardation.
SECTION 2.02. Amends Article 46C.105(c), Code of Criminal Procedure, to make a conforming change.
SECTION 2.03. Amends Article 46C.201, Code of Criminal Procedure, as follows:
Art. 46C.201. DISPOSITION: NONDANGEROUS CONDUCT. (a)-(b) Makes conforming changes to these subsections.
SECTION 2.04. Amends Article 46C.252(c), Code of Criminal Procedure, to make conforming changes.
SECTION 2.05. Amends Article 46C.253(b), Code of Criminal Procedure, to make conforming changes.
SECTION 2.06. Amends Article 46C.255(c), Code of Criminal Procedure, to make a conforming change.
SECTION 2.07. Amends Article 46C.256(a), Code of Criminal Procedure, to make conforming changes.
SECTION 2.08. Amends Article 46C.257(a), Code of Criminal Procedure, to make conforming changes.
SECTION 2.09. Amends Article 46C.258(a) and (b), Code of Criminal Procedure, to make conforming changes.
SECTION 2.10. Amends Article 46C.260(d), Code of Criminal Procedure, to make conforming changes.
SECTION 2.11. Amends Article 46C.263(d), Code of Criminal Procedure, to make a conforming change.
SECTION 2.12. Amends Article 46C.268(f), Code of Criminal Procedure, to make conforming changes.
ARTICLE 3. FAMILY CODE PROVISIONS
SECTION 3.01. Amends Sections 51.20(a), (b), (c), and (d), Family Code, to refer to intellectual disability or intellectual and developmental disabilities, rather than mental retardation, and to make nonsubstantive changes.
SECTION 3.02. Amends Section 54.0408, Family Code, as follows:
Sec. 54.0408. New heading: REFERRAL OF CHILD EXITING PROBATION TO MENTAL HEALTH AUTHORITY OR INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITY. Makes conforming changes to this section.
SECTION 3.03. Amends Section 58.0051(a)(2), Family Code, to make a conforming change.
ARTICLE 4. FINANCE CODE PROVISIONS
SECTION 4.01. Amends Section 393.624(a), Finance Code, as follows:
(a) Prohibits a credit access business from advertising on the premises of a nursing facility, assisted living facility, group home, intermediate care facility for persons with an intellectual disability, rather than persons with mental retardation, or other similar facility subject to regulation by the Health and Human Services Commission (HHSC), rather than the Department of Aging and Disability Services (DADS).
ARTICLE 5. GOVERNMENT CODE PROVISIONS
SECTION 5.02. Amends Section 76.003(c), Government Code, as follows:
(c) Authorizes the community justice task force to consist of any number of members, but the task force is required to include, rather than is recommended to include, certain members.
SECTION 5.03. Amends Section 125.001(a), Government Code, to make conforming changes.
SECTION 5.04. Amends Section 125.002, Government Code, as follows:
Sec. 125.002 AUTHORITY TO ESTABLISH PROGRAM. Makes a conforming change to this section.
SECTION 5.05. Amends Section 403.252, Government Code, as follows:
Sec. 403.252. EXCEPTIONS. Provides that Subchapter K (Petty Cash Accounts) does not apply to:
(1) makes no changes to this subdivision;
(2) the petty cash accounts maintained by the Department of State Health Services (DSHS) under Section 533.037(d) (relating to requiring that money derived from gifts or grants received for sheltered workshop purposes be deposited to the credit of the operating fund), Health and Safety Code, rather than the petty cash accounts maintained by the Texas Department of Health and Mental Retardation (TXMHMR) under Section 2.17(b)(3), Texas Mental Health and Mental Retardation Act (Article 5547-202, Vernon's Texas Civil Statutes); or
(3) makes no changes to this subdivision.
SECTION 5.06. Amends Section 411.052(a), Government Code, to make a conforming change.
SECTION 5.07. Amends Section 411.0521(a), Government Code, to make a conforming change.
SECTION 5.08. Amends Sections 411.126(a)(2) and (3), Government Code, to make conforming changes.
SECTION 5.09. Amends Section 495.023(a), Government Code, to make conforming and nonsubstantive changes
SECTION 5.10. Amends Section 499.102(a), Government Code, to make conforming and nonsubstantive changes.
SECTION 5.11. Amends Section 501.006(a), Government Code, as follows:
(a) Authorizes the institutional division of the Texas Department of Criminal Justice (TDCJ) to grant an emergency absence under escort to an inmate so that the inmate may:
(1) makes no changes to this subdivision;
(2) obtain treatment and supervision at a facility operated by HHSC, rather than TXMHMR; or
(3) makes no changes to this subdivision.
SECTION 5.12. Amends Section 501.056, Government Code, as follows:
Sec. 501.056. New heading: CONTRACT FOR CARE OF INMATES WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. Makes conforming changes to this section.
SECTION 5.13. Amends Section 501.058, Government Code, as follows:
Sec. 501.058. COMPENSATION OF PSYCHIATRISTS. Makes conforming changes to this section.
SECTION 5.14. Amends Sections 501.093(a) and (c), Government Code, as follows:
(a) Requires TDCJ and HHSC, rather than TDCJ, TXMHMR, and the Texas Commission on Alcohol and Drug Abuse, to by rule adopt a memorandum of understanding that establishes their respective responsibilities to establish a continuity of care program for inmates with a history of drug or alcohol abuse.
(c) Makes a conforming change to this subsection.
SECTION 5.15. Amends Section 501.113(b), Government Code, to make a conforming change.
SECTION 5.16. Amends Section 507.031(a), Government Code, to make a conforming change.
SECTION 5.17. Amends Section 508.223, Government Code, as follows:
Sec. 508.223. PSYCHOLOGICAL COUNSELING. Makes a conforming change to this section.
SECTION 5.18. Amends Section 508.316(a), Government Code, to make a conforming change.
SECTION 5.19. Amends Section 659.015(j), Government Code, to make a conforming and nonsubstantive change.
SECTION 5.20. Amends Section 659.016(j), Government Code, to make a conforming and nonsubstantive change.
SECTION 5.21. Amends the heading to Chapter 1401, Government Code, to read as follows:
CHAPTER 1401. BONDS FOR CERTAIN CRIMINAL JUSTICE, MENTAL HEALTH, OR INTELLECTUAL DISABILITY FACILITIES
SECTION 5.22. Amends Sections 1401.041(b) and (c), Government Code, to make conforming and nonsubstantive changes.
SECTION 5.23. Amends Section 1401.061(a), Government Code, to make a conforming change.
SECTION 5.24. Amends Section 2052.003(b), Government Code, to make a conforming change.
SECTION 5.25. Amends Section 2155.202, Government Code, as follows:
Sec. 2155.202. New heading: COMMUNITY CENTERS; ASSISTANCE ORGANIZATIONS; CHILD-CARE PROVIDERS. Makes a conforming and nonsubstantive change.
SECTION 5.26. Amends the heading to Section 2155.441, Government Code, to read as follows:
Sec. 2155.441 PREFERENCE FOR PRODUCTS OF PERSONS WITH INTELLECTUAL OR PHYSICAL DISABILITIES.
SECTION 5.27. Amends Section 2155.441(a), Government Code, to make a conforming change.
SECTION 5.28. Amends Section 2167.001(b), Government Code, to make a conforming change.
SECTION 5.29. Amends Section 2171.055(k), Government Code, to make a conforming change.
SECTION 5.30. Amends Section 2171.104(b), Government Code, to delete existing text requiring TXMHMR to assist the office of vehicle fleet management in preparing the management plan for the state's vehicle fleet.
ARTICLE 6. HEALTH AND SAFETY CODE PROVISIONS
SECTION 6.01. Amends Sections 33.001(1-b), (2), and (4), Health and Safety Code, to refer to intellectual disability, rather than mental retardation, and to make nonsubstantive changes.
SECTION 6.02. Amends Section 33.002(a), Health and Safety Code, to make a conforming change.
SECTION 6.03. Amends Section 281.094(a), Health and Safety Code, to make a conforming change.
SECTION 6.04. Amends Section 431.4031(b), Health and Safety Code, to make conforming and nonsubstantive changes.
SECTION 6.05. Amends the heading to Section 531.0021, Health and Safety Code, to read as follows:
Sec. 531.0021. REFERENCE TO STATE SCHOOL OR SUPERINTENDENT.
SECTION 6.06. Amends the heading to Subtitle E, Title 7, Health and Safety Code, to read as follows:
SUBTITLE E. SPECIAL PROVISIONS RELATING TO MENTAL ILLNESS AND INTELLECTUAL DISABILITY
SECTION 6.07. Amends the heading to Chapter 613, Health and Safety Code, to read as follows:
CHAPTER 613. KIDNEY DONATION BY WARD WITH INTELLECTUAL DISABILITY
SECTION 6.08. Amends Section 613.001, Health and Safety Code, as follows:
Sec. 613.001. DEFINITION. Makes conforming changes to this section.
SECTION 6.09. Amends Section 613.002, Health and Safety Code, as follows:
Sec. 613.002. COURT ORDER AUTHORIZING KIDNEY DONATION. Makes conforming changes to this section.
SECTION 6.10. Amends Section 613.003, Health and Safety Code, as follows:
Sec. 613.003. PETITION FOR COURT ORDER. Makes a conforming change to this section.
SECTION 6.11. Amends Section 613.004(c), Health and Safety Code, to make a conforming change.
SECTION 6.12. Amends Section 613.005, Health and Safety Code, as follows:
Sec. 613.005. INTERVIEW AND EVALUATION ORDER BY COURT. (a)-(b) Makes conforming changes to these subsections.
ARTICLE 7. HUMAN RESOURCES CODE PROVISIONS
SECTION 7.01. Amends Section 221.056(a), Human Resources Code, to refer to intellectual disability or intellectual and developmental disability, rather than mental retardation, and to make nonsubstantive changes.
SECTION 7.02. Amends the heading to Section 244.011, Human Resources Code, to read as follows:
Sec. 244.011. CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY.
SECTION 7.03. Amends Sections 244.011(a), (b), (e), (f), and (g), Human Resources Code, to make conforming and nonsubstantive changes
SECTION 7.04. Amends Sections 244.012(a) and (c), Human Resources Code, to make conforming and nonsubstantive changes.
ARTICLE 8. INSURANCE CODE PROVISIONS
SECTION 8.01. Amends Sections 843.002(18) and (21), Insurance Code, to refer to intellectual disability, rather than mental retardation.
SECTION 8.02. Amends Section 1201.059(a), Insurance Code, to make a conforming change.
SECTION 8.03. Amends Section 1305.004(a)(18), Insurance Code, to make conforming changes.
SECTION 8.04. Amends Section 1355.056(c), Insurance Code, to make a conforming change.
SECTION 8.05. Amends Section 1355.058, Insurance Code, as follows:
Sec. 1355.058. New heading: HEALTH AND HUMAN SERVICES COMMISSION ASSISTANCE. (a) Requires HHSC, rather than TXMHMR, to assist the Texas Department of Insurance (TDI) in carrying out TDI's responsibilities under Subchapter B (Alternative Mental Health Treatment Benefits).
(b) Makes conforming changes to these subdivisions.
SECTION 8.06. Amends Section 1355.202, Insurance Code, as follows:
Sec. 1355.202. New heading: PROHIBITION OF EXCLUSION OF MENTAL HEALTH OR INTELLECTUAL DISABILITY BENEFITS FOR TREATMENT BY TAX-SUPPORTED INSTITUTION. (a)-(b) Makes conforming and nonsubstantive changes to these subsections.
SECTION 8.07. Amends Section 1359.001, Insurance Code, as follows:
Sec. 1359.001. DEFINITIONS. Makes conforming and nonsubstantive changes to this section.
SECTION 8.08. Amends Section 1601.004(a), Insurance Code, to make a conforming and nonsubstantive change.
ARTICLE 9. LABOR CODE PROVISIONS
SECTION 9.01. Amends the heading to Section 62.057, Labor Code, to read as follows:
Sec. 62.057. PATIENTS AND CLIENTS OF DEPARTMENT OF STATE HEALTH SERVICES.
SECTION 9.02. Amends Section 62.057(a), Labor Code, as follows:
(a) Authorizes a person to be compensated for services rendered to DSHS, rather than TXMHMR, or a DSHS facility at a percentage of the base wage adopted under this section, if:
(1)-(4) makes no changes to these subdivisions.
SECTION 9.03. Amends Section 406.098(b)(4), Labor Code, to redefine "political subdivision."
SECTION 9.04. Amends Section 504.001(3), Labor Code, to redefine "political subdivision."
ARTICLE 10. LOCAL GOVERNMENT CODE PROVISIONS
SECTION 10.01. Amends Section 244.006, Local Government Code, as follows:
Sec. 244.006. EXEMPTIONS. Provides that Subchapter A (Correctional or Rehabilitation Facility) does not apply to the operation of certain correctional or rehabilitation facilities at a location subject to this subchapter, including a facility that is operated primarily as a treatment facility for juveniles under contract with HHSC, DSHS, a local mental health authority, or a local intellectual and developmental disability authority, rather than DADS, DSHS, or a local mental health or mental retardation authority. Makes nonsubstantive changes.
ARTICLE 11. OCCUPATIONS CODE PROVISIONS
SECTION 11.01. Amends Section 1701.404(b), Occupations Code, to refer to intellectual disabilities, rather than mental retardation and mental disabilities.
ARTICLE 12. TRANSPORTATION CODE PROVISIONS
SECTION 12.01. Amends Section 201.603, Transportation Code, as follows:
Sec. 201.603. AGREEMENT WITH OTHER AGENCIES FOR ROADS. (a) Authorizes the Texas Department of Transportation, on request of HHSC or the Texas Juvenile Justice Department (TJJD), rather than TXMHMR or TJJD, to enter into agreements with either agency for the construction, maintenance, or repair of roads in an institution, hospital, or school under the control, management, or supervision of that agency. Makes nonsubstantive changes.
(b) Makes a conforming change to this subsection.
ARTICLE 13. TAX CODE PROVISIONS
SECTION 13.01. Amends Section 171.1011(p)(2), Tax Code, to refer to intellectual disability, rather than mental retardation, and to make nonsubstantive changes.
ARTICLE 14. REPEALERS
SECTION 14.01. Repealer: Section 531.0021(c) (relating to a reference in law to "local mental retardation authority"), Health and Safety Code.
Repealers: Sections 591.003(13) (relating to the definition of "mental retardation") and (16) (relating to the definition of "person with mental retardation"), Health and Safety Code.
ARTICLE 15. EFFECTIVE DATE
SECTION 15.01. Effective date: September 1, 2023.