2005 Texas Health & Safety Code CHAPTER 531. PROVISIONS GENERALLY APPLICABLE TO THE TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION

HEALTH & SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL 
RETARDATION

CHAPTER 531. PROVISIONS GENERALLY APPLICABLE TO THE TEXAS 
DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION


	§ 531.001. PURPOSE;  POLICY.  (a) It is the purpose of 
this subtitle to provide for the effective administration and 
coordination of mental health and mental retardation services at 
the state and local levels.
	(b)  Recognizing that a variety of alternatives for serving 
the mentally disabled exists, it is the purpose of this subtitle to 
ensure that a continuum of services is provided.  The continuum of 
services includes facilities operated by the Texas Department of 
Mental Health and Mental Retardation and community services 
provided by the department and other entities through contracts 
with the department.
	(c)  It is the goal of this state to provide a comprehensive 
range of services for persons with mental illness or mental 
retardation who need publicly supported care, treatment, or 
habilitation.  In providing those services, efforts will be made to 
coordinate services and programs with services and programs 
provided by other governmental entities to minimize duplication and 
to share with other governmental entities in financing those 
services and programs.
	(d)  It is the policy of this state that, when appropriate 
and feasible, persons with mental illness or mental retardation 
shall be afforded treatment in their own communities.
	(e)  It is the public policy of this state that mental health 
and mental retardation services be the responsibility of local 
agencies and organizations to the greatest extent possible.  The 
department shall assist the local agencies and organizations by 
coordinating the implementation of a statewide system of services.  
The department shall ensure that mental health and mental 
retardation services are provided.  The department shall provide 
technical assistance for and regulation of the programs that 
receive funding through contracts with the department.
	(f)  It is the public policy of this state to offer services 
first to those persons who are most in need.  Therefore, funds 
appropriated by the legislature for mental health and mental 
retardation services may be spent only to provide services to the 
priority populations identified in the department's long-range 
plan.
	(g)  It is the goal of this state to establish at least one 
special officer for mental health assignment in each county.  To 
achieve this goal, the department shall assist a local law 
enforcement agency that desires to have an officer certified under 
Section 1701.404, Occupations Code.
	(h)  It is the policy of this state that the board serves as 
the state's mental health and mental retardation authority and is 
responsible for the planning, policy development, and resource 
development and allocation for and oversight of mental health and 
mental retardation services in this state.  It is the policy of this 
state that, when appropriate and feasible, the board may delegate 
the board's authority to a single entity in each region of the state 
that may function as the local mental health or mental retardation 
authority for one or more service areas in the region.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1993, 73rd Leg., ch. 60, § 19, eff. Sept. 1, 
1993;  Acts 1995, 74th Leg., ch. 821, § 1, eff. Sept. 1, 1995;  
Acts 2001, 77th Leg., ch. 1420, § 14.800, eff. Sept. 1, 2001.


	§ 531.002. DEFINITIONS.  In this subtitle:                                  
		(1)  "Board" means the Texas Board of Mental Health and 
Mental Retardation. 
		(2)  "Business entity" means a sole proprietorship, 
partnership, firm, corporation, holding company, joint-stock 
company, receivership, trust, or any other entity recognized by 
law.
		(3)  "Chemical dependency" has the meaning assigned by 
Section 461.002.     
		(4)  "Commissioner" means the commissioner of mental 
health and mental retardation.
		(5)  "Community center" means a center established 
under Subchapter A, Chapter 534.
		(6)  "Department" means the Texas Department of Mental 
Health and Mental Retardation.
		(7)  "Effective administration" includes continuous 
planning and evaluation within the system that result in more 
efficient fulfillment of the purposes and policies of this 
subtitle.
		(8)  "ICF-MR" means the medical assistance program 
serving persons with mental retardation who receive care in 
intermediate care facilities.
		(9)  "Local agency" means:                                                    
			(A)  a municipality, county, hospital district, 
rehabilitation district, school district, state-supported 
institution of higher education, or state-supported medical 
school;  or
			(B)  any organizational combination of two or more 
of those entities.      
		(10)  "Local mental health authority" means an entity 
to which the board delegates its authority and responsibility 
within a specified region for planning, policy development, 
coordination, including coordination with criminal justice 
entities, and resource development and allocation and for 
supervising and ensuring the provision of mental health services to 
persons with mental illness in the most appropriate and available 
setting to meet individual needs in one or more local service areas.
		(11)  "Local mental retardation authority" means an 
entity to which the board delegates its authority and 
responsibility within a specified region for planning, policy 
development, coordination, including coordination with criminal 
justice entities, and resource development and allocation and for 
supervising and ensuring the provision of mental retardation 
services to persons with mental retardation in the most appropriate 
and available setting to meet individual needs in one or more local 
service areas.
		(12)  "Mental health services" includes all services 
concerned with research, prevention, and detection of mental 
disorders and disabilities, and all services necessary to treat, 
care for, control, supervise, and rehabilitate persons who have a 
mental disorder or disability, including persons whose mental 
disorders or disabilities result from alcoholism or drug addiction.
		(13)  "Mental retardation services" includes all 
services concerned with research, prevention, and detection of 
mental retardation, and all services related to the education, 
training, habilitation, care, treatment, supervision, and control 
of persons with mental retardation, but does not include the 
education of school-age persons that the public educational system 
is authorized to provide.
		(14)  "Person with mental retardation" means a person, 
other than a person with a mental disorder, whose mental deficit 
requires the person to have special training, education, 
supervision, treatment, care, or control in the person's home or 
community or in a state school.
		(15)  "Priority population" means those groups of 
persons with mental illness or mental retardation identified by the 
department as being most in need of mental health or mental 
retardation services.
		(16)  "Region" means the area within the boundaries of 
the local agencies participating in the operation of community 
centers established under Subchapter A, Chapter 534.
		(17)  "State school" means a state-supported and 
structured residential facility operated by the department to 
provide to clients with mental retardation a variety of services, 
including medical treatment, specialized therapy, and training in 
the acquisition of personal, social, and vocational skills.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1993, 73rd Leg., ch. 107, § 6.01, eff. Aug. 30, 
1993;  Acts 1995, 74th Leg., ch. 821, § 2, eff. Sept. 1, 1995;  
Acts 2001, 77th Leg., ch. 367, § 1, eff. Sept. 1, 2001.