2005 Texas Health & Safety Code CHAPTER 532. ORGANIZATION OF TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION

HEALTH & SAFETY CODE

CHAPTER 532. ORGANIZATION OF TEXAS DEPARTMENT OF MENTAL HEALTH AND 
MENTAL RETARDATION


	§ 532.001. COMPOSITION OF DEPARTMENT.  (a) The Texas 
Department of Mental Health and Mental Retardation is composed of:
		(1)  the Texas Board of Mental Health and Mental 
Retardation;               
		(2)  the commissioner of mental health and mental 
retardation;  and         
		(3)  a staff under the direction of the commissioner.                         
	(b)  The department also includes community services 
operated by the department and the following facilities:
		(1)  the central office of the department;                                    
		(2)  the Austin State Hospital;                                               
		(3)  the Big Spring State Hospital;                                           
		(4)  the Kerrville State Hospital;                                            
		(5)  the Rusk State Hospital;                                                 
		(6)  the San Antonio State Hospital;                                          
		(7)  the Terrell State Hospital;                                              
		(8)  the North Texas State Hospital;                                          
		(9)  the Abilene State School;                                                
		(10)  the Austin State School;                                                
		(11)  the Brenham State School;                                               
		(12)  the Corpus Christi State School;                                        
		(13)  the Denton State School;                                                
		(14)  the Lubbock State School;                                               
		(15)  the Lufkin State School;                                                
		(16)  the Mexia State School;                                                 
		(17)  the Richmond State School;                                              
		(18)  the San Angelo State School;                                            
		(19)  the San Antonio State School;                                           
		(20)   the El Paso State Center;                                              
		(21)   the Rio Grande State Center;  and                                      
		(22)  the Waco Center for Youth.                                              

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1995, 74th Leg., ch. 821, § 3, eff. Sept. 1, 
1995;  Acts 1997, 75th Leg., ch. 500, § 1, eff. May 31, 1997;  
Acts 1999, 76th Leg., ch. 543, § 1, eff. June 18, 1999;  Acts 
2001, 77th Leg., ch. 893, § 1, eff. June 14, 2001.


	§ 532.002. SUNSET PROVISION.  The Texas Department of 
Mental Health and Mental Retardation is subject to Chapter 325, 
Government Code (Texas Sunset Act). Unless continued in existence 
as provided by that Act, the department is abolished and this 
chapter expires September 1, 2011.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 4.07, eff. 
Nov. 12, 1991;  Acts 1999, 76th Leg., ch. 1187, § 1, eff. Sept. 1, 
1999.


	§ 532.003. COMPOSITION OF BOARD.  (a) The board is 
composed of nine members appointed by the governor with the advice 
and consent of the senate.
	(b)  The members must be representatives of the public who 
have demonstrated interest in mental health, mental retardation, 
developmental disabilities, or the health and human services 
system.  At least one member must be a consumer of services for 
persons with mental illness or mental retardation or a family 
member of a consumer of those services.
	(c)  Appointments to the board shall be made without regard 
to the race, color, handicap, sex, religion, age, or national 
origin of the appointees.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1995, 74th Leg., ch. 208, § 1, eff. Aug. 28, 
1995;  Acts 1995, 74th Leg., ch. 821, § 4, eff. Sept. 1, 1995.


	§ 532.0035. BOARD TRAINING.  (a) A person who is 
appointed to and qualifies for office as a member of the board may 
not vote, deliberate, or be counted as a member in attendance at a 
meeting of the board until the person completes a training session 
that complies with this section.
	(b)  The training program must provide the person with 
information regarding:
		(1)  the legislation that created the department and 
board;                 
		(2)  the programs operated by the department;                                 
		(3)  the roles and functions of the department;                               
		(4)  the rules of the department with an emphasis on the 
rules that relate to disciplinary and investigatory authority;
		(5)  the current budget for the department;                                   
		(6)  the results of the most recent formal audit of the 
department;         
		(7)  the requirements of:                                                     
			(A)  the open meetings law, Chapter 551, 
Government Code;                  
			(B)  the public information law, Chapter 552, 
Government Code;             
			(C)  the administrative procedure law, Chapter 
2001, Government Code;  and 
			(D)  other laws relating to public officials, 
including conflict-of-interest laws;  and
		(8)  any applicable ethics policies adopted by the 
department or the Texas Ethics Commission.
	(c)  A person appointed to the board is entitled to 
reimbursement, as provided by the General Appropriations Act, for 
the travel expenses incurred in attending the training program 
regardless of whether the attendance at the program occurs before 
or after the person qualifies for office.

Added by Acts 1999, 76th Leg., ch. 1187, § 2, eff. Sept. 1, 1999.          


	§ 532.004. RESTRICTIONS ON BOARD APPOINTMENT AND 
MEMBERSHIP AND ON DEPARTMENT EMPLOYMENT.  (a) A person is not 
eligible for appointment as a board member if the person or the 
person's spouse:
		(1)  owns or controls, directly or indirectly, more 
than a 10 percent interest in a business entity or other 
organization regulated by the department or receiving funds from 
the department;  or
		(2)  uses or receives a substantial amount of tangible 
goods, services, or funds from the department, other than:
			(A)  compensation or reimbursement authorized by 
law for board membership, attendance, or expenses;  or
			(B)  as a parent or guardian of a client or patient 
receiving services from the department.
	(b)  An officer, employee, or paid consultant of a trade 
association in the field of mental health or mental retardation may 
not be a member of the board or an employee of the department.
	(c)  A person who is the spouse of an officer, employee, or 
paid consultant of a trade association in the field of mental health 
or mental retardation may not be a board member or a department 
employee grade 17 or over, including exempt employees, according to 
the position classification schedule under the General 
Appropriations Act.
	(d)  A person may not serve as a member of the board or act as 
the general counsel to the department if the person is required to 
register as a lobbyist under Chapter 305, Government Code, because 
of the person's activities for compensation on behalf of a 
profession related to the operation of the department.
	(e)  For purposes of this section, a trade association is a 
nonprofit, cooperative, voluntarily joined association of business 
or professional competitors designed to assist its members and its 
industry or profession in dealing with mutual business or 
professional problems and in promoting their common interest.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.            


	§ 532.005. TERMS.  Board members serve six-year terms.                      

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.            


	§ 532.006. CHAIRMAN.  The governor shall designate a 
board member as chairman.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.            


	§ 532.007. REMOVAL OF BOARD MEMBERS.  (a) It is a ground 
for removal from the board if a member:
		(1)  is not eligible for appointment to the board at the 
time of appointment as provided by Section 532.004(a);
		(2)  does not maintain during service on the board the 
qualifications required by Section 532.004(a);
		(3)  violates a prohibition established by Section 
532.004(b), (c), or (d); 
		(4)  cannot discharge the member's duties for a 
substantial part of the term for which the member is appointed 
because of illness or disability;  or
		(5)  is absent from more than half of the regularly 
scheduled board meetings that the member is eligible to attend 
during a calendar year unless the absence is excused by majority 
vote of the board.
	(b)  The validity of an action of the board is not affected by 
the fact that it is taken when a ground for removal of a board member 
exists.
	(c)  If the commissioner has knowledge that a potential 
ground for removal exists, the commissioner shall notify the 
chairman of the board of the ground.  The chairman shall then notify 
the governor that a potential ground for removal exists.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.            


	§ 532.009. REIMBURSEMENT FOR EXPENSES;  PER DIEM.  A 
board member is entitled to receive:
		(1)  reimbursement for actual and necessary expenses 
incurred in discharging the member's duties;  and
		(2)  the per diem compensation as provided by 
appropriation for each day the member actually performs official 
duties.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.            


	§ 532.010. BOARD MEETINGS.  (a) The board shall hold at 
least four regular meetings each year in the city of Austin on dates 
set by board rule.  The board shall adopt rules that provide for 
holding special meetings.
	(b)  A board meeting, other than a meeting to deliberate the 
appointment of the commissioner, is open to the public.
	(c)  The board shall adopt policies that provide the public 
with a reasonable opportunity to appear before the board and to 
speak on any issue under the board's jurisdiction.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.            


	§ 532.011. COMMISSIONER.  (a) The commissioner of health 
and human services shall employ a commissioner in accordance with 
Section 531.0056, Government Code.
	(b)  To be qualified for employment as commissioner, a person 
must have:     
		(1)  professional training and experience in the 
administration or management of comprehensive health care or human 
service operations;  and
		(2)  proven administrative and management ability, 
preferably in the health care area.
	(c)  Repealed by Acts 1999, 76th Leg., ch. 1460, § 
13.01(3), eff. Sept. 1, 1999.
	(d)  The commissioner:                                                         
		(1)  has the administrative and decisional powers 
granted under this subtitle;  and
		(2)  shall administer the department and this subtitle 
and ensure the effective administration of the department and its 
programs and services.
	(e)  The commissioner shall:                                                   
		(1)  establish qualifications for department personnel 
that balance clinical and programmatic knowledge and management 
experience;  and
		(2)  standardize qualifications for personnel 
positions throughout the department.
	(f)  The commissioner shall:                                                   
		(1)  establish an organizational structure within the 
department that will promote the effective administration of this 
subtitle;  and
		(2)  establish the duties and functions of the 
department's staff.          
	(g)  The commissioner is responsible for implementation of 
the board's planning, policy, resource development and allocation, 
and oversight related to mental health and mental retardation 
services.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1995, 74th Leg., ch. 76, § 8.150, eff. Sept. 1, 
1995;  Acts 1995, 74th Leg., ch. 821, § 5, eff. Sept. 1, 1995;  
Acts 1999, 76th Leg., ch. 1460, § 2.21, 13.01(3) eff. Sept. 1, 
1999.


	§ 532.012. MEDICAL DIRECTOR.  (a) The commissioner shall 
appoint a medical director.
	(b)  To be qualified for appointment as medical director, a 
person must:     
		(1)  be a physician licensed to practice in this state;  
and                
		(2)  have proven administrative experience and ability 
in comprehensive health care or human service operations.
	(c)  The medical director reports to the commissioner and is 
responsible for:
		(1)  oversight of the quality and appropriateness of 
clinical services delivered in department facilities or under 
contract to the department;  and
		(2)  leadership in physician recruitment and retention 
and peer review.     

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1995, 74th Leg., ch. 821, § 6, eff. Sept. 1, 
1995.


	§ 532.014. HEADS OF DEPARTMENTAL FACILITIES.  (a) The 
commissioner shall appoint the head of each facility the department 
administers.
	(b)  The head of a facility serves at the will of the 
commissioner.          

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1995, 74th Leg., ch. 821, § 7, eff. Sept. 1, 
1995.


	§ 532.015. RULES AND POLICIES.  (a) The board shall adopt 
rules and develop basic and general policies to guide the 
department in administering this subtitle.  The rules and policies 
must be consistent with the purposes, policies, principles, and 
standards stated in this subtitle.
	(b)  The board shall adopt policies that clearly define the 
respective responsibilities of the board and the staff of the 
department.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.            


	§ 532.016. PERSONNEL.  (a) The commissioner shall develop 
an intra-agency career ladder program.  The program shall require 
intra-agency posting of all nonentry level positions concurrently 
with any public posting.
	(b)  The commissioner shall develop a system of annual job 
performance evaluations.  All merit pay for department employees 
must be based on the system established under this subsection.
	(c)  The department shall provide to its members and 
employees, as often as necessary, information regarding their 
qualifications under this subtitle and their responsibilities 
under applicable laws relating to standards of conduct for state 
officers or employees.
	(d)  The commissioner or the commissioner's designee shall 
prepare and maintain a written policy statement that implements a 
program of equal employment opportunity to ensure that all 
personnel decisions are made without regard to race, color, 
disability, sex, religion, age, or national origin.  The policy 
statement must include:
		(1)  personnel policies, including policies relating 
to recruitment, evaluation, selection, training, and promotion of 
personnel, that show the intent of the department to avoid the 
unlawful employment practices described by Chapter 21, Labor Code;
		(2)  an analysis of the extent to which the composition 
of the department's personnel is in accordance with state and 
federal law and a description of reasonable methods to achieve 
compliance with state and federal law;  and
		(3)  procedures by which a determination can be made of 
significant underutilization in the department work force of all 
persons for whom federal or state guidelines encourage a more 
equitable balance and reasonable methods to appropriately address 
those areas of significant underutilization.
	(e)  The policy statement must:                                                
		(1)  be updated annually;                                                     
		(2)  be reviewed by the Commission on Human Rights for 
compliance with Subsection (d)(1);  and
		(3)  be filed with the governor's office.                                     
	(f)  The governor shall deliver a biennial report to the 
legislature based on the information received under Subsection 
(e)(3). The report may be made separately or as a part of other 
biennial reports made to the legislature.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1999, 76th Leg., ch. 1187, § 3, eff. Sept. 1, 
1999.


	§ 532.017. ANNUAL REPORTS.  (a) The department shall file 
annually with the governor and the presiding officer of each house 
of the legislature a complete and detailed written report 
accounting for all funds received and disbursed by the department 
during the preceding fiscal year.  The report must be in the form 
and reported in the time provided by the General Appropriations 
Act.
	(b)  The report must include the activities of the Interstate 
Compact on Mental Health, the amount and types of transfers by the 
department in and out of the state using the compact, and an 
accounting of any funds received and disbursed by the office of the 
Interstate Compact on Mental Health Administrator for Texas.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.            


	§ 532.018. AUDITS.  (a) The financial transactions of the 
department are subject to audit by the state auditor in accordance 
with Chapter 321, Government Code.
	(b)  The director of the internal audit unit shall report 
directly to the commissioner.
	(c)  Each audit report shall be submitted directly to the 
board.             

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.            


	§ 532.019. PUBLIC INTEREST INFORMATION AND 
COMPLAINTS.  (a) The department shall prepare information of 
public interest describing the functions of the department and the 
procedures by which complaints are filed with and resolved by the 
department.  The department shall make the information available to 
the public and appropriate state agencies.
	(b)  The board by rule shall establish methods by which 
consumers and service recipients are notified of the name, mailing 
address, and telephone number of the department for the purpose of 
directing complaints to the department.  The board may provide for 
that notification:
		(1)  on each registration form, application, or written 
contract for services of an entity regulated under this subtitle or 
of an entity the creation of which is authorized by this subtitle;
		(2)  on a sign that is prominently displayed in the 
place of business of each entity regulated under this subtitle or of 
each entity the creation of which is authorized by this subtitle;  
or
		(3)  in a bill for service provided by an entity 
regulated under this subtitle or by an entity the creation of which 
is authorized by this subtitle.
	(c)  If a written complaint is filed with the department 
relating to an entity regulated by the department, the department, 
at least quarterly and until final disposition of the complaint, 
shall notify the complainant and the entity regulated by the 
department of the status of the complaint unless notice would 
jeopardize an undercover investigation.
	(d)  The department shall keep an information file about each 
complaint filed with the department relating to an entity regulated 
by the department.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.            


	§ 532.020. ADVISORY COMMITTEES.  (a) The board shall 
appoint a medical advisory committee and any other advisory 
committees the board considers necessary to assist in the effective 
administration of the department's mental health and mental 
retardation programs.
	(b)  The department may reimburse committee members for 
travel costs incurred in performing their duties at the rates 
authorized for state officers and employees under the General 
Appropriations Act.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.            


	§ 532.021. CITIZENS' PLANNING ADVISORY COMMITTEE.  (a) 
The board shall appoint a citizens' planning advisory committee 
that is composed of:
		(1)  three persons who have demonstrated an interest in 
and knowledge of the department system and the legal, political, 
and economic environment in which the department operates;
		(2)  three persons who have expertise in the 
development and implementation of long-range plans;  and
		(3)  three members of the public.                                             
	(b)  In addition to the requirements of Subsection (a), at 
least one member must be a consumer of services for persons with 
mental illness or a family member of a consumer of those services, 
and at least one member must be a consumer of services for persons 
with mental retardation or a family member of a consumer of those 
services.
	(c)  The committee shall:                                                      
		(1)  advise the department on all stages of the 
development and implementation of the long-range plan required by 
Section 533.032;
		(2)  review the development, implementation, and any 
necessary revisions of the long-range plan;
		(3)  review the department's biennial budget request 
and assess the degree to which the request allows for 
implementation of the long-range plan;  and
		(4)  advise the board on:                                                     
			(A)  the appropriateness of the long-range plan;                             
			(B)  any identified problems related to the 
implementation of the plan;    
			(C)  any necessary revisions to the plan;  and                               
			(D)  the adequacy of the department's budget 
request.                      
	(d)  The board shall review the committee's reports in 
conjunction with information provided by the department on the 
long-range plan or the biennial budget request.
	(e)  The board shall allow the committee opportunities to 
appear before the board as needed.
	(f)  Before a board meeting relating to the development, 
implementation, or revision of the department's long-range plan, 
the department shall, in a timely manner, provide the committee 
with any information that will be presented to the board.
	(g)  Before submitting the department's biennial budget 
request to the board for discussion or approval, the department 
shall, in a timely manner, provide the committee with a copy of the 
budget request.
	(h)  The department shall provide the committee with the 
staff support necessary to allow the committee to fulfill its 
duties.
	(i)  The committee shall provide copies of its reports to the 
board, governor, lieutenant governor, speaker of the house of 
representatives, and appropriate legislative committees.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.