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2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
CHAPTER 533. POWERS AND DUTIES

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL

RETARDATION

CHAPTER 533. POWERS AND DUTIES

SUBCHAPTER A. GENERAL POWERS AND DUTIES

Sec. 533.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND

HUMAN SERVICES. The commissioner of health and human services

has the powers and duties relating to the board and commissioner

as provided by Section 531.0055, Government Code. To the extent a

power or duty given to the board or commissioner by this title or

another law conflicts with Section 531.0055, Government Code,

Section 531.0055 controls.

Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.22, eff. Sept. 1,

1999.

Sec. 533.001. GIFTS AND GRANTS. (a) The department may

negotiate with a federal agency to obtain grants to assist in

expanding and improving mental health and mental retardation

services in this state.

(b) The department may accept gifts and grants of money,

personal property, and real property to expand and improve the

mental health and mental retardation services available to the

people of this state.

personal property, and real property on behalf of a department

facility to expand and improve the mental health or mental

retardation services available at the facility.

(d) The department shall use a gift or grant made for a specific

purpose in accordance with the purpose expressly prescribed by

the donor. The department may decline the gift or grant if the

department determines that it cannot be economically used for

that purpose.

(e) The department shall keep a record of each gift or grant in

the department's central office in the city of Austin.

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

1991.

Sec. 533.002. COMPETITIVE REVIEW REQUIREMENT. The department

shall establish procedures to:

(1) promote more efficient use of public funds;

(2) ensure periodic review of department management and support

activities in order to:

(A) improve department operations;

(B) improve the determination of costs;

(D) remain competitive with the private sector; and

(3) ensure that the state not provide a service that is

available through the private sector unless the state can provide

the service at a lower cost.

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

1991. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.13, eff.

Sept. 1, 1997.

Sec. 533.003. USE OF FUNDS FOR VOLUNTEER PROGRAMS IN LOCAL

AUTHORITIES AND COMMUNITY CENTERS. (a) To develop or expand a

volunteer program in a local mental health or mental retardation

authority or a community center, the department may allocate

available funds appropriated for providing volunteer services.

(b) The department shall develop formal policies that encourage

the growth and development of volunteer services in local mental

health or mental retardation authorities and community centers.

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

1991. Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 3, eff.

Sept. 1, 1999.

Sec. 533.004. LIENS. (a) The department and each community

center has a lien to secure reimbursement for the cost of

providing support, maintenance, and treatment to a patient with

mental illness or client with mental retardation in an amount

equal to the amount of reimbursement sought.

(b) The amount of the reimbursement sought may not exceed:

(1) the amount the department is authorized to charge under

Section 552.017 or under Subchapter D, Chapter 593, if the

patient or client received the services in a department facility;

(2) the amount the community center is authorized to charge

under Section 534.017 if the patient or client received the

services in a community center.

(1) all nonexempt real and personal property owned or later

acquired by the patient or client or by a person legally

responsible for the patient's or client's support;

(2) a judgment of a court in this state or a decision of a

public agency in a proceeding brought by or on behalf of the

patient or client to recover damages for an injury for which the

patient or client was admitted to a department facility or

community center; and

(3) the proceeds of a settlement of a cause of action or a claim

by the patient or client for an injury for which the patient or

client was admitted to a department facility or community center.

(d) To secure the lien, the department or community center must

file written notice of the lien with the county clerk of the

county in which:

(1) the patient or client, or the person legally responsible for

the patient's or client's support, owns property; or

(2) the patient or client received or is receiving services.

(e) The notice must contain:

(1) the name and address of the patient or client;

(2) the name and address of the person legally responsible for

the patient's or client's support, if applicable;

(3) the period during which the department facility or community

center provided services or a statement that services are

currently being provided; and

(4) the name and location of the department facility or

community center.

(f) Not later than the 31st day before the date on which the

department files the notice of the lien with the county clerk,

the department shall notify by certified mail the patient or

client and the person legally responsible for the patient's or

client's support. The notice must contain a copy of the charges,

the statutory procedures relating to filing a lien, and the

procedures to contest the charges. The board by rule shall

prescribe the procedures to contest the charges.

(g) The county clerk shall record on the written notice the name

of the patient or client, the name and address of the department

facility or community center, and, if requested by the person

filing the lien, the name of the person legally responsible for

the patient's or client's support. The clerk shall index the

notice record in the name of the patient or client and, if

requested by the person filing the lien, in the name of the

person legally responsible for the patient's or client's support.

(h) The notice record must include an attachment that contains

an account of the charges made by the department facility or

community center and the amount due to the facility or center.

The superintendent or director of the facility or center must

swear to the validity of the account. The account is presumed to

be correct, and in a suit to cancel the debt and discharge the

lien or to foreclose on the lien, the account is sufficient

evidence to authorize a court to render a judgment for the

facility or center.

(i) To discharge the lien, the superintendent or director of the

department facility or community center or a claims

representative of the facility or center must execute and file

with the county clerk of the county in which the lien notice is

filed a certificate stating that the debt covered by the lien has

been paid, settled, or released and authorizing the clerk to

discharge the lien. The county clerk shall record a memorandum of

the certificate and the date on which it is filed. The filing of

the certificate and recording of the memorandum discharge the

lien.

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

1991.

Sec. 533.005. EASEMENTS. The department may grant a temporary

or permanent easement or right-of-way on land held by the

department. The department must grant an easement or right-of-way

on terms and conditions the department considers to be in the

state's best interest.

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

1991. Amended by Acts 1999, 76th Leg., ch. 1175, Sec. 1, eff.

June 18, 1999.

Sec. 533.006. REPORTING OF ALLEGATIONS AGAINST PHYSICIAN. (a)

The department shall report to the Texas State Board of Medical

Examiners any allegation received by the department that a

physician employed by or under contract with the department has

committed an action that constitutes a ground for the denial or

revocation of the physician's license under Section 164.051,

Occupations Code. The report must be made in the manner provided

by Section 154.051, Occupations Code.

(b) The department shall provide to the Texas State Board of

Medical Examiners a copy of any report or finding relating to an

investigation of an allegation reported to that board.

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

1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.801,

eff. Sept. 1, 2001.

Sec. 533.007. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION;

CRIMINAL PENALTY FOR UNLAWFUL DISCLOSURE. (a) The department, a

local mental health or mental retardation authority, or a

community center may deny employment or volunteer status to an

applicant if:

(1) the department, authority, or community center determines

that the applicant's criminal history record information

indicates that the person is not qualified or suitable; or

(2) the applicant fails to provide a complete set of

fingerprints if the department establishes that method of

obtaining criminal history record information.

(b) The board shall adopt rules relating to the use of

information obtained under this section, including rules that

prohibit an adverse personnel action based on arrest warrant or

wanted persons information received by the department.

Sept. 1, 1993.

(d) Relettered as subsection (a) by Laws 1999, 76th Leg., ch.

1209, Sec. 4, eff. Sept. 1, 1999.

(e) to (h) Repealed by Acts 1993, 73rd Leg., ch. 790, Sec.

46(26), eff. Sept. 1, 1993.

(i) Relettered as subsection (b) by Laws 1999, 76th Leg., ch.

1209, eff. Sept. 1, 1999.

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

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.02, eff.

Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 790, Sec. 46(26), eff.

Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1209, Sec. 4, eff. Sept.

1, 1999.

Sec. 533.0075. EXCHANGE OF EMPLOYMENT RECORDS. The department,

a local mental health or mental retardation authority, or a

community center may exchange with one another the employment

records of an employee or former employee who applies for

employment at the department, authority, or community center.

Added by Acts 1993, 73rd Leg., ch. 646, Sec. 2, eff. Aug. 30,

1993. Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 5, eff.

Sept. 1, 1999.

Sec. 533.008. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

MENTAL ILLNESS AND MENTAL RETARDATION. (a) Each department

facility and community center shall annually assess the

feasibility of converting entry level support positions into

employment opportunities for individuals with mental illness and

mental retardation in the facility's or center's service area.

(b) In making the assessment, the department facility or

community center shall consider the feasibility of using an array

of job opportunities that may lead to competitive employment,

including sheltered employment and supported employment.

submit to the department a report showing that the facility or

center has complied with Subsection (a).

(d) The department shall compile information from the reports

and shall make the information available to each designated

provider in a service area.

(e) Each department facility and community center shall ensure

that designated staff are trained to:

(1) assist clients through the Social Security Administration

disability determination process;

(2) provide clients and their families information related to

the Social Security Administration Work Incentive Provisions; and

(3) assist clients in accessing and utilizing the Social

Security Administration Work Incentive Provisions to finance

training, services, and supports needed to obtain career goals.

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

1991. Amended by Acts 1995, 74th Leg., ch. 655, Sec. 6.04, eff.

Sept. 1, 1995.

Sec. 533.009. EXCHANGE OF PATIENT AND CLIENT RECORDS. (a)

Department facilities, local mental health or mental retardation

authorities, community centers, other designated providers, and

subcontractees of mental health and mental retardation services

are component parts of one service delivery system within which

patient or client records may be exchanged without the patient's

or client's consent.

(b) The board shall adopt rules to carry out the purposes of

this section.

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

1991. Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 6, eff.

Sept. 1, 1999.

Sec. 533.0095. COLLECTION AND MAINTENANCE OF INFORMATION

REGARDING PERSONS FOUND NOT GUILTY BY REASON OF INSANITY. (a)

The executive commissioner of the Health and Human Services

Commission by rule shall require the department to collect

information and maintain current records regarding a person found

not guilty of an offense by reason of insanity under Chapter 46C,

Code of Criminal Procedure, who is:

(1) ordered by a court to receive inpatient mental health

services under Chapter 574 or under Chapter 46C, Code of Criminal

Procedure;

(2) committed by a court for long-term placement in a

residential care facility under Chapter 593 or under Chapter 46C,

Code of Criminal Procedure; or

(3) ordered by a court to receive outpatient or community-based

treatment and supervision.

(b) Information maintained by the department under this section

must include the name and address of any facility to which the

person is committed, the length of the person's commitment to the

facility, and any post-release outcome.

officer of each house of the legislature a written report

containing the name of each person described by Subsection (a),

the name and address of any facility to which the person is

committed, the length of the person's commitment to the facility,

and any post-release outcome.

Added by Acts 2005, 79th Leg., Ch.

831, Sec. 3, eff. September 1, 2005.

Sec. 533.010. INFORMATION RELATING TO PATIENT'S CONDITION. (a)

A person, including a hospital, sanitarium, nursing or rest home,

medical society, or other organization, may provide to the

department or a medical organization, hospital, or hospital

committee any information, including interviews, reports,

statements, or memoranda relating to a person's condition and

treatment for use in a study to reduce mental disorders and

mental disabilities.

(b) The department or a medical organization, hospital, or

hospital committee receiving the information may use or publish

the information only to advance mental health and mental

retardation research and education in order to reduce mental

disorders and mental disabilities. A summary of the study may be

released for general publication.

studied is confidential and may not be revealed under any

circumstances. Information provided under this section and any

finding or conclusion resulting from the study is privileged

information.

(d) A person is not liable for damages or other relief if the

person:

(1) provides information under this section;

(2) releases or publishes the findings and conclusions of the

person or organization to advance mental health and mental

retardation research and education; or

(3) releases or publishes generally a summary of a study.

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

1991.

Sec. 533.011. RETURN OF PERSON WITH MENTAL RETARDATION TO STATE

OF RESIDENCE. (a) The department may return a nonresident

person with mental retardation who is committed to a facility for

persons with mental retardation in this state to the proper

agency of the person's state of residence.

(b) The department may permit the return of a resident of this

state who is committed to a facility for persons with mental

retardation in another state.

proper agencies of other states to facilitate the return of

persons committed to facilities for persons with mental

retardation in this state or another state to the state of their

residence.

(d) The superintendent of a department facility for persons with

mental retardation may detain for not more than 96 hours pending

a court order in a commitment proceeding in this state a person

with mental retardation returned to this state.

(e) The state returning a person with mental retardation to

another state shall bear the expenses of returning the person.

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

1991.

Sec. 533.012. COOPERATION OF STATE AGENCIES. (a) At the

department's request, all state departments, agencies, officers,

and employees shall cooperate with the department in activities

that are consistent with their functions.

(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 268, Sec. 32(f),

eff. September 1, 2008.

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

1991. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.134, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 13.05, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 4.03, eff. June 14, 2005.

Acts 2007, 80th Leg., R.S., Ch.

268, Sec. 32(f), eff. September 1, 2008.

Sec. 533.013. DUPLICATION OF REHABILITATION SERVICES. The

department shall enter into an agreement with the Texas

Rehabilitation Commission that defines the roles and

responsibilities of the department and the commission regarding

the agencies' shared client populations. The agreement must

establish methods to prevent the duplication and fragmentation of

employment services provided by the agencies.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 4, eff. Sept. 1,

1999.

Sec. 533.014. RESPONSIBILITY OF LOCAL MENTAL HEALTH AUTHORITIES

IN MAKING TREATMENT RECOMMENDATIONS. (a) The board shall adopt

rules that:

(1) relate to the responsibility of the local mental health

authorities to make recommendations relating to the most

appropriate and available treatment alternatives for individuals

in need of mental health services, including individuals who are

in contact with the criminal justice system and individuals

detained in local jails and juvenile detention facilities;

(2) govern commitments to a local mental health authority;

(3) govern transfers of patients that involve a local mental

health authority; and

(4) provide for emergency admission to a department mental

health facility if obtaining approval from the authority could

result in a delay that might endanger the patient or others.

(b) The board's first consideration in developing rules under

this section must be to satisfy individual patient treatment

needs in the most appropriate setting. The board shall also

consider reducing patient inconvenience resulting from admissions

and transfers between providers.

jurisdiction in the service area and any other person the local

mental health authority considers necessary of the responsibility

of the local mental health authority to make recommendations

relating to the most appropriate and available treatment

alternatives and the procedures required in the area.

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

1991. Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 3, eff. Aug.

30, 1993; Acts 2001, 77th Leg., ch. 367, Sec. 2, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 1214, Sec. 1, eff. Sept. 1, 2003.

Sec. 533.015. UNANNOUNCED INSPECTIONS. The department may make

any inspection of a facility or program under the department's

jurisdiction without announcing the inspection.

Added by Acts 1995, 74th Leg., ch. 531, Sec. 2, eff. Aug. 28,

1995.

Sec. 533.016. CERTAIN PROCUREMENTS OF GOODS AND SERVICES BY

SERVICE PROVIDERS. (a) A state agency, local agency, local

mental health authority, or local mental retardation authority

that expends public money to acquire goods or services in

connection with providing or coordinating the provision of mental

health or mental retardation services may satisfy the

requirements of any state law requiring procurements by

competitive bidding or competitive sealed proposals by procuring

goods or services with the public money in accordance with

Section 533.017 or in accordance with:

(1) Section 2155.144, Government Code, if the entity is a state

agency subject to that law;

(2) Section 32.043 or 32.044, Human Resources Code, if the

entity is a public hospital subject to those laws; or

(3) this section, if the entity is not covered by Subdivision

(1) or (2).

(b) An agency or authority under Subsection (a)(3) may acquire

goods or services by any procurement method that provides the

best value to the agency or authority. The agency or authority

shall document that the agency or authority considered all

relevant factors under Subsection (c) in making the acquisition.

consider all relevant factors in determining the best value,

including:

(1) any installation costs;

(2) the delivery terms;

(3) the quality and reliability of the vendor's goods or

services;

(4) the extent to which the goods or services meet the agency's

or authority's needs;

(5) indicators of probable vendor performance under the contract

such as past vendor performance, the vendor's financial resources

and ability to perform, the vendor's experience and

responsibility, and the vendor's ability to provide reliable

maintenance agreements;

(6) the impact on the ability of the agency or authority to

comply with laws and rules relating to historically underutilized

businesses or relating to the procurement of goods and services

from persons with disabilities;

(7) the total long-term cost to the agency or authority of

acquiring the vendor's goods or services;

(8) the cost of any employee training associated with the

acquisition;

(9) the effect of an acquisition on the agency's or authority's

productivity;

(10) the acquisition price; and

(11) any other factor relevant to determining the best value for

the agency or authority in the context of a particular

acquisition.

(d) If a state agency to which this section applies acquires

goods or services with a value that exceeds $100,000, the state

agency shall consult with and receive approval from the Health

and Human Services Commission before considering factors other

than price and meeting specifications.

(e) The state auditor or the department may audit the agency's

or authority's acquisitions of goods and services under this

section to the extent state money or federal money appropriated

by the state is used to make the acquisitions.

(f) The agency or authority may adopt rules and procedures for

the acquisition of goods and services under this section.

Added by Acts 1997, 75th Leg., ch. 1045, Sec. 5, eff. Sept. 1,

1997.

Sec. 533.017. PARTICIPATION IN DEPARTMENT PURCHASING CONTRACTS

OR GROUP PURCHASING PROGRAM. The department may allow a state

agency, local agency, local mental health authority, or local

mental retardation authority that expends public money to

purchase goods or services in connection with providing or

coordinating the provision of mental health or mental retardation

services to purchase goods or services with the public money by

participating in:

(1) a contract the department has made to purchase goods or

services; or

(2) a group purchasing program established or designated by the

department that offers discounts to providers of mental health or

mental retardation services.

Added by Acts 1997, 75th Leg., ch. 1045, Sec. 5, eff. Sept. 1,

1997.

Sec. 533.018. SPECIAL OLYMPICS TEXAS ACCOUNT. (a) The Texas

Department of Mental Health and Mental Retardation Special

Olympics Texas account is a separate account in the general

revenue fund. The account is composed of money deposited to the

credit of the account under Section 502.2922, Transportation

Code. Money in the account may be used only for the purposes of

this section.

(b) The department administers the account. Annually, the

department shall distribute the money deposited to the credit of

the account to Special Olympics Texas to be used only to pay for

costs associated with training and with area and regional

competitions of the Special Olympics Texas.

Added by Acts 2001, 77th Leg., ch. 475, Sec. 1, eff. Sept. 1,

2001.

SUBCHAPTER B. POWERS AND DUTIES RELATING TO PROVISION OF SERVICES

Sec. 533.031. DEFINITIONS. In this subchapter:

(1) "Elderly resident" means a person 65 years of age or older

residing in a department facility.

(2) "Extended care unit" means a residential unit in a

department facility that contains patients with chronic mental

illness who require long-term care, maintenance, limited

programming, and constant supervision.

(3) "Transitional living unit" means a residential unit that is

designed for the primary purpose of facilitating the return of

hard-to-place psychiatric patients with chronic mental illness

from acute care units to the community through an array of

services appropriate for those patients.

(4) "Commission" means the Health and Human Services Commission.

(5) "Executive commissioner" means the executive commissioner of

the Health and Human Services Commission.

(6) "ICF-MR and related waiver programs" includes ICF-MR Section

1915(c) waiver programs, home and community-based services, Texas

home living waiver services, or another Medicaid program serving

persons with mental retardation.

(7) "Section 1915(c) waiver program" means a federally funded

Medicaid program of the state that is authorized under Section

1915(c) of the federal Social Security Act (42 U.S.C. Section

1396n(c)).

(8) "Qualified service provider" means an entity that meets

requirements for service providers established by the executive

commissioner.

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

1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 1, eff. June 16, 2007.

Sec. 533.032. LONG-RANGE PLANNING. (a) The department shall

have a long-range plan covering at least six years that includes

at least the provisions required by Sections 531.022 and 531.023,

Government Code, and Chapter 2056, Government Code. The plan must

cover the provision of services in and policies for

state-operated institutions and ensure that the medical needs of

the most medically fragile persons the department serves are met.

(b) In developing the plan, the department shall:

(1) solicit input from:

(A) local authorities for mental health and mental retardation;

(B) community representatives;

including consumers of campus-based and community-based services,

and family members of consumers of those services; and

(D) other interested persons; and

(2) consider the report developed under Subsection (c).

and recommendations regarding the most efficient long-term use

and management of the department's campus-based facilities. The

report must:

(1) project future bed requirements for state schools and state

hospitals;

(2) document the methodology used to develop the projection of

future bed requirements;

(3) project maintenance costs for institutional facilities;

(4) recommend strategies to maximize the use of institutional

facilities; and

(5) specify how each state school and state hospital will:

(A) serve and support the communities and consumers in its

service area; and

(B) fulfill statewide needs for specialized services.

(d) In developing the report under Subsection (c), the

department shall:

(1) conduct two public meetings, one meeting to be held at the

beginning of the process and the second meeting to be held at the

end of the process, to receive comments from interested parties;

and

(2) consider:

(A) the medical needs of the most medically fragile of its

clients;

(B) the provision of services to clients with severe and

profound mental retardation and to persons with mental

retardation who are medically fragile or have behavioral

problems;

under Section 533.038; and

(D) input solicited from consumers of services of state schools

and state hospitals.

(e) The department shall develop a report analyzing state and

federally funded residential services for persons with mental

retardation. The report shall:

(1) determine any disparity in cost and quality outcomes

achieved between services provided in state-operated programs,

including but not limited to ICFs-MR and HCS, and the same or

comparable services provided by private sector providers; and

(2) identify and quantify the reasons for any disparity that

exists.

(f) The department, in preparing the report under Subsection

(e), shall obtain ongoing input from stakeholders, including

department staff, private providers, advocates, consumers, and

family members of consumers.

(g) The department shall:

(1) attach the reports required by Subsections (c) and (e) to

the department's legislative appropriations request for each

biennium;

(2) at the time the department presents its legislative

appropriations request, present the reports to the:

(A) governor;

(B) governor's budget office;

(D) speaker of the house of representatives;

(E) Legislative Budget Board; and

(F) Health and Human Services Commission; and

(3) update the department's long-range plan biennially and

include the reports in the plan.

(h) The department shall, in coordination with the Health and

Human Services Commission, evaluate the current and long-term

costs associated with serving inpatient psychiatric needs of

persons living in counties now served by at least three state

hospitals within 120 miles of one another. This evaluation shall

take into consideration the condition of the physical plants and

other long-term asset management issues associated with the

operation of the hospitals, as well as other issues associated

with quality psychiatric care. After such determination is made,

the Health and Human Services Commission shall begin to take

action to influence the utilization of these state hospitals in

order to ensure efficient service delivery.

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

1991. Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 4, eff. Aug.

30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(103), eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1187, Sec. 5, eff. Sept.

1, 1999.

Sec. 533.0325. CONTINUUM OF SERVICES IN CAMPUS FACILITIES. The

board by rule shall establish criteria regarding the uses of the

department's campus-based facilities as part of a full continuum

of services.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 6, eff. Sept. 1,

1999.

Sec. 533.033. DETERMINATION OF REQUIRED RANGE OF MENTAL HEALTH

SERVICES. (a) Consistent with the purposes and policies of this

subtitle, the commissioner biennially shall determine:

(1) the types of mental health services that can be most

economically and effectively provided at the community level for

persons exhibiting various forms of mental disability; and

(2) the types of mental health services that can be most

economically and effectively provided by department facilities.

(b) In the determination, the commissioner shall assess the

limits, if any, that should be placed on the duration of mental

health services provided at the community level or at a

department facility.

the department provides and shall determine if a community

provider can provide services of a comparable quality at a lower

cost than the department's costs.

(d) The commissioner's findings shall guide the department in

planning and administering services for persons with mental

illness.

(e) The commissioner shall report the commissioner's findings to

the legislature, the Legislative Budget Board, and the governor's

budget office with the department's biennial appropriations

request.

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

1991.

Sec. 533.034. AUTHORITY TO CONTRACT FOR COMMUNITY-BASED

SERVICES. (a) The department may cooperate, negotiate, and

contract with local agencies, hospitals, private organizations

and foundations, community centers, physicians, and other persons

to plan, develop, and provide community-based mental health and

mental retardation services.

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

1991. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.73, eff.

Sept. 1, 2003.

Sec. 533.0345. STATE AGENCY SERVICES STANDARDS. (a) The

department by rule shall develop model program standards for

mental health and mental retardation services for use by each

state agency that provides or pays for mental health or mental

retardation services. The department shall provide the model

standards to each agency that provides mental health or mental

retardation services as identified by the Health and Human

Services Commission.

(b) Model standards developed under Subsection (a) must be

designed to improve the consistency of mental health and mental

retardation services provided by or through a state agency.

developed under Subsection (a) and determine whether each

standard contributes effectively to the consistency of service

delivery by state agencies.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 7, eff. Sept. 1,

1999.

Sec. 533.0346. AUTHORITY TO TRANSFER SERVICES TO COMMUNITY

CENTERS. (a) The department may transfer operations of and

services provided at the Amarillo State Center, Beaumont State

Center, and Laredo State Center to a community center established

under Chapter 534, including a newly established center providing

mental retardation services or mental health and mental

retardation services.

(b) The transfer may occur only on the department's approval of

a plan submitted in accordance with Section 534.001(d) or of an

amendment to a previously approved plan. In developing the plan

or plan amendment, the center or proposed center proposing to

accept the state center operation and service responsibilities

shall consider input from consumers of mental health and mental

retardation services and family members of and advocates for

those consumers, organizations that represent affected employees,

and other providers of mental health and mental retardation

services.

center operation and service responsibilities shall publish

notice of the initial planning meeting regarding the content of

the plan or plan amendment and of the meeting to review the

content of the proposed plan or plan amendment before it is

submitted under Section 534.001(d). The notices must include the

time and location of the meeting. The notice of the meeting to

review the content of the plan or amendment must include

information regarding how to obtain a copy of the proposed plan

or amendment. The notices must be published not fewer than 30

days and not more than 90 days before the date set for the

meeting in a newspaper of general circulation in each county

containing any part of the proposed service area. If a county in

which notice is required to be published does not have a

newspaper of general circulation, the notices shall be published

in a newspaper of general circulation in the nearest county in

which a newspaper of general circulation is published.

(d) At the time the operations and services are transferred to

the community center, money supporting the cost of providing

operations and services at a state center shall be transferred to

the community center to ensure continuity of services.

(e) The Amarillo State Center is exempt from the requirements

listed in Subsections (b) and (c).

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 7, eff. Sept. 1,

1999.

Sec. 533.035. LOCAL MENTAL HEALTH AND MENTAL RETARDATION

AUTHORITIES. (a) The executive commissioner shall designate a

local mental health authority and a local mental retardation

authority in one or more local service areas. The executive

commissioner may delegate to the local authorities the authority

and responsibility of the executive commissioner, the commission,

or a department of the commission related to planning, policy

development, coordination, including coordination with criminal

justice entities, resource allocation, and resource development

for and oversight of mental health and mental retardation

services in the most appropriate and available setting to meet

individual needs in that service area. The executive

commissioner may designate a single entity as the local mental

health authority and the local mental retardation authority for a

service area.

(b) The department by contract or other method of allocation,

including a case-rate or capitated arrangement, may disburse to a

local mental health and mental retardation authority department

federal and department state funds to be spent in the local

service area for:

(1) community mental health and mental retardation services; and

(2) chemical dependency services for persons who are dually

diagnosed as having both chemical dependency and mental illness

or mental retardation.

the approval of the Department of State Health Services or the

Department of Aging and Disability Services, or both, as

applicable, shall use the funds received under Subsection (b) to

ensure mental health, mental retardation, and chemical dependency

services are provided in the local service area. The local

authority shall consider public input, ultimate cost-benefit, and

client care issues to ensure consumer choice and the best use of

public money in:

(1) assembling a network of service providers;

(2) making recommendations relating to the most appropriate and

available treatment alternatives for individuals in need of

mental health or mental retardation services; and

(3) procuring services for a local service area, including a

request for proposal or open-enrollment procurement method.

(d) A local mental health and mental retardation authority shall

demonstrate to the department that the services that the

authority provides directly or through subcontractors and that

involve state funds comply with relevant state standards.

(e) Subject to Section 533.0358, in assembling a network of

service providers, a local mental health authority may serve as a

provider of services only as a provider of last resort and only

if the local authority demonstrates to the department in the

local authority's local network development plan that:

(1) the local authority has made every reasonable attempt to

solicit the development of an available and appropriate provider

base that is sufficient to meet the needs of consumers in its

service area; and

(2) there is not a willing provider of the relevant services in

the local authority's service area or in the county where the

provision of the services is needed.

(e-1) A local mental retardation authority may serve as a

provider of ICF-MR and related waiver programs only if:

(1) the local authority complies with the limitations prescribed

by Section 533.0355(d); or

(2) the ICF-MR and related waiver programs are necessary to

ensure the availability of services and the local authority

demonstrates to the commission that there is not a willing ICF-MR

and related waiver program qualified service provider in the

local authority's service area where the service is needed.

(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 478, Sec. 7,

eff. June 16, 2007.

(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 478, Sec. 7,

eff. June 16, 2007.

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

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.03, eff.

Aug. 30, 1993; Acts 1995, 74th Leg., ch. 821, Sec. 8, eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 869, Sec. 1, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 1209, Sec. 14, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 367, Sec. 3, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 198, Sec. 2.74, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 2, eff. June 16, 2007.

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 7, eff. June 16, 2007.

Sec. 533.0351. LOCAL AUTHORITY NETWORK ADVISORY COMMITTEE. (a)

The executive commissioner shall establish a local authority

network advisory committee to advise the executive commissioner

and the Department of State Health Services on technical and

administrative issues that directly affect local mental health

authority responsibilities.

(b) The committee is composed of equal numbers of

representatives of local mental health authorities, community

mental health service providers, private mental health service

providers, local government officials, advocates for individuals

with mental health needs, consumers of mental health services,

family members of individuals with mental health needs, and other

individuals with expertise in the field of mental health

appointed by the executive commissioner. In addition, the

executive commissioner may appoint facilitators to the committee

as necessary. In appointing the members, the executive

commissioner shall also ensure a balanced representation of:

(1) different regions of this state;

(2) rural and urban counties; and

(3) single-county and multicounty local mental health

authorities.

knowledge of, familiarity with, or understanding of the

day-to-day operations of a local mental health authority.

(d) The advisory committee shall:

(1) review rules and proposed rules and participate in any

negotiated rulemaking process related to local mental health

authority operations;

(2) advise the executive commissioner and the Department of

State Health Services regarding evaluation and coordination of

initiatives related to local mental health authority operations;

(3) advise the executive commissioner and the Department of

State Health Services in developing a method of contracting with

local mental health authorities that will result in contracts

that are flexible and responsive to:

(A) the needs and services of local communities; and

(B) the department's performance expectations;

(4) coordinate with work groups whose actions may affect local

mental health authority operations;

(5) report to the executive commissioner and the Department of

State Health Services on the committee's activities and

recommendations at least once each fiscal quarter; and

(6) work with the executive commissioner or the Department of

State Health Services as the executive commissioner directs.

(e) For any written recommendation the committee makes to the

Department of State Health Services, the department shall provide

to the committee a written response regarding any action taken on

the recommendation or the reasons for the department's inaction

on the subject of the recommendation.

(f) The committee is subject to Chapter 2110, Government Code,

except that the committee is not subject to Section 2110.004 or

2110.008, Government Code. The committee is abolished on

September 1, 2017, unless the executive commissioner adopts a

rule continuing the committee in existence beyond that date.

(g) The Department of State Health Services may reimburse

consumers of mental health services and family members of

individuals with mental health needs appointed to the committee

for travel costs incurred in performing their duties as provided

in the General Appropriations Act.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 8, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 79, eff.

Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 3, eff. June 16, 2007.

Sec. 533.0352. LOCAL AUTHORITY PLANNING FOR LOCAL SERVICE AREA.

(a) Each local mental health or mental retardation authority

shall develop a local service area plan to maximize the

authority's services by using the best and most cost-effective

means of using federal, state, and local resources to meet the

needs of the local community according to the relative priority

of those needs. Each local mental health or mental retardation

authority shall undertake to maximize federal funding.

(b) A local service area plan must be consistent with the

purposes, goals, and policies stated in Section 531.001 and the

department's long-range plan developed under Section 533.032.

retardation authority shall use the local authority's local

service plan as the basis for contracts between the department

and the local authority and for establishing the local

authority's responsibility for achieving outcomes related to the

needs and characteristics of the authority's local service area.

(d) In developing the local service area plan, the local mental

health or mental retardation authority shall:

(1) solicit information regarding community needs from:

(A) representatives of the local community;

(B) consumers of community-based mental health and mental

retardation services and members of the families of those

consumers;

mental retardation, members of families of those consumers, and

members of state school volunteer services councils, if a state

school is located in the local service area of the local

authority; and

(D) other interested persons; and

(2) consider:

(A) criteria for assuring accountability for, cost-effectiveness

of, and relative value of service delivery options;

(B) goals to minimize the need for state hospital and community

hospital care;

in the least restrictive environment appropriate to the person's

care;

(D) opportunities for innovation to ensure that the local

authority is communicating to all potential and incoming

consumers about the availability of services of state schools for

persons with mental retardation in the local service area of the

local authority;

(E) goals to divert consumers of services from the criminal

justice system;

(F) goals to ensure that a child with mental illness remains

with the child's parent or guardian as appropriate to the child's

care; and

(G) opportunities for innovation in services and service

delivery.

(e) The department and the local mental health or mental

retardation authority by contract shall enter into a performance

agreement that specifies required standard outcomes for the

programs administered by the local authority. Performance related

to the specified outcomes must be verifiable by the department.

The performance agreement must include measures related to the

outputs, costs, and units of service delivered. Information

regarding the outputs, costs, and units of service delivered

shall be recorded in the local authority's automated data

systems, and reports regarding the outputs, costs, and units of

service delivered shall be submitted to the department at least

annually as provided by department rule.

(f) The department and the local mental health or mental

retardation authority shall provide an opportunity for community

centers and advocacy groups to provide information or assistance

in developing the specified performance outcomes under Subsection

(e).

Added by Acts 2003, 78th Leg., ch. 358, Sec. 1, eff. June 18,

2003.

Renumbered from Health and Safety Code, Section 533.0354 by Acts

2005, 79th Leg., Ch.

728, Sec. 23.001(52), eff. September 1, 2005.

Sec. 533.03521. LOCAL NETWORK DEVELOPMENT PLAN CREATION AND

APPROVAL. (a) A local mental health authority shall develop a

local network development plan regarding the configuration and

development of the local mental health authority's provider

network. The plan must reflect local needs and priorities and

maximize consumer choice and access to qualified service

providers.

(b) The local mental health authority shall submit the local

network development plan to the Department of State Health

Services for approval.

section, the department shall review the plan to ensure that the

plan:

(1) complies with the criteria established by Section 533.0358

if the local mental health authority is providing services under

that section; and

(2) indicates that the local mental health authority is

reasonably attempting to solicit the development of a provider

base that is:

(A) available and appropriate; and

(B) sufficient to meet the needs of consumers in the local

authority's local service area.

(d) If the department determines that the local network

development plan complies with Subsection (c), the department

shall approve the plan.

(e) At least biennially, the department shall review a local

mental health authority's local network development plan and

determine whether the plan complies with Subsection (c).

(f) As part of a local network development plan, a local mental

health authority annually shall post on the local authority's

website a list of persons with whom the local authority had a

contract or agreement in effect during all or part of the

previous year, or on the date the list is posted, related to the

provision of mental health services.

Added by Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 4, eff. June 16, 2007.

Sec. 533.0354. DISEASE MANAGEMENT PRACTICES AND JAIL DIVERSION

MEASURES OF LOCAL MENTAL HEALTH AUTHORITIES. (a) A local mental

health authority shall ensure the provision of assessment

services, crisis services, and intensive and comprehensive

services using disease management practices for adults with

bipolar disorder, schizophrenia, or clinically severe depression

and for children with serious emotional illnesses. The local

mental health authority shall ensure that individuals are engaged

with treatment services that are:

(1) ongoing and matched to the needs of the individual in type,

duration, and intensity;

(2) focused on a process of recovery designed to allow the

individual to progress through levels of service;

(3) guided by evidence-based protocols and a strength-based

paradigm of service; and

(4) monitored by a system that holds the local authority

accountable for specific outcomes, while allowing flexibility to

maximize local resources.

(b) The department shall require each local mental health

authority to incorporate jail diversion strategies into the

authority's disease management practices for managing adults with

schizophrenia and bipolar disorder to reduce the involvement of

those client populations with the criminal justice system.

between the department and each local mental health authority for

the fiscal years ending August 31, 2004, and August 31, 2005,

that specify measurable outcomes related to their success in

using disease management practices to meet the needs of the

target populations.

(d) The department shall study the implementation of disease

management practices, including the jail diversion measures, and

shall submit to the governor, the lieutenant governor, and the

speaker of the house of representatives a report on the progress

in implementing disease management practices and jail diversion

measures by local mental health authorities. The report must be

delivered not later than December 31, 2004, and must include

specific information on:

(1) the implementation of jail diversion measures undertaken;

and

(2) the effect of disparities in per capita funding levels among

local mental health authorities on the implementation and

effectiveness of disease management practices and jail diversion

measures.

(e) The department may use the fiscal year ending August 31,

2004, as a transition period for implementing the requirements of

Subsections (a)-(c).

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.75, eff. Sept. 1,

2003.

Sec. 533.0355. LOCAL MENTAL RETARDATION AUTHORITY

RESPONSIBILITIES. (a) The executive commissioner shall adopt

rules establishing the roles and responsibilities of local mental

retardation authorities.

(b) In adopting rules under this section, the executive

commissioner must include rules regarding the following local

mental retardation authority responsibilities:

(1) access;

(2) intake;

(3) eligibility functions;

(4) enrollment, initial person-centered assessment, and service

authorization;

(5) utilization management;

(6) safety net functions, including crisis management services

and assistance in accessing facility-based care;

(7) service coordination functions;

(8) provision and oversight of state general revenue services;

(9) local planning functions, including stakeholder involvement,

technical assistance and training, and provider complaint and

resolution processes; and

(10) processes to assure accountability in performance,

compliance, and monitoring.

mental retardation authority must offer a state school as an

option among the residential services and other community living

options available to an individual who is eligible for those

services and who meets the department's criteria for state school

admission, regardless of whether other residential services are

available to the individual.

(d) In establishing a local mental retardation authority's role

as a qualified service provider of ICF-MR and related waiver

programs under Section 533.035(e-1), the executive commissioner

shall require the local mental retardation authority to:

(1) base the local authority's provider capacity on the local

authority's August 2004 enrollment levels for the waiver programs

the local authority operates and, if the local authority's

enrollment levels exceed those levels, to reduce the levels by

attrition; and

(2) base any increase in the local authority's provider capacity

on:

(A) the local authority's state-mandated conversion from an

ICF-MR program to a Section 1915(c) waiver program allowing for a

permanent increase in the local authority's provider capacity in

accordance with the number of persons who choose the local

authority as their provider;

(B) the local authority's voluntary conversion from an ICF-MR

program to a Section 1915(c) waiver program allowing for a

temporary increase in the local authority's provider capacity, to

be reduced by attrition, in accordance with the number of persons

who choose the local authority as their provider;

solely by state general revenue to a Medicaid program allowing

for a temporary increase in the local authority's provider

capacity, to be reduced by attrition, in accordance with the

number of persons who choose the local authority as their

provider; or

(D) other extenuating circumstances that:

(i) are monitored and approved by the Department of Aging and

Disability Services;

(ii) do not include increases that unnecessarily promote the

local authority's provider role over its role as a local mental

retardation authority; and

(iii) may include increases necessary to accommodate a

family-specific or consumer-specific circumstance and choice.

(e) Any increase based on extenuating circumstances under

Subsection (d)(2)(D) is considered a temporary increase in the

local mental retardation authority's provider capacity, to be

reduced by attrition.

(f) At least biennially, the Department of Aging and Disability

Services shall review and determine the local mental retardation

authority's status as a qualified service provider in accordance

with criteria that includes the consideration of the local

authority's ability to assure the availability of services in its

area, including:

(1) program stability and viability;

(2) the number of other qualified service providers in the area;

and

(3) the geographical area in which the local authority is

located.

(g) The Department of Aging and Disability Services shall ensure

that local services delivered further the following goals:

(1) to provide individuals with the information, opportunities,

and support to make informed decisions regarding the services for

which the individual is eligible;

(2) to respect the rights, needs, and preferences of an

individual receiving services; and

(3) to integrate individuals with mental retardation and

developmental disabilities into the community in accordance with

relevant independence initiatives and permanency planning laws.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.76, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 5, eff. June 16, 2007.

Sec. 533.0356. LOCAL BEHAVIORAL HEALTH AUTHORITIES. (a) In

this section, "commission" means the Texas Commission on Alcohol

and Drug Abuse.

(b) The department and the commission jointly may designate a

local behavioral health authority in a local service area to

provide mental health and chemical dependency services in that

area. The board and the commission may delegate to an authority

designated under this section the authority and responsibility

for planning, policy development, coordination, resource

allocation, and resource development for and oversight of mental

health and chemical dependency services in that service area. An

authority designated under this section has:

(1) all the responsibilities and duties of a local mental health

authority provided by Section 533.035 and by Subchapter B,

Chapter 534; and

(2) the responsibility and duty to ensure that chemical

dependency services are provided in the service area as described

by the statewide service delivery plan adopted under Section

461.0124.

authority shall give proportionate priority to mental health

services and chemical dependency services that ensures that funds

purchasing services are used in accordance with specific

regulatory and statutory requirements that govern the respective

funds.

(d) A local mental health authority may apply to the department

and commission for designation as a local behavioral health

authority.

(e) The department and commission, by contract or by a case-rate

or capitated arrangement or another method of allocation, may

disburse money, including federal money, to a local behavioral

health authority for services.

(f) A local behavioral health authority, with the approval of

the department or the commission as provided by contract, shall

use money received under Subsection (e) to ensure that mental

health and chemical dependency services are provided in the local

service area at the same level as the level of services

previously provided through:

(1) the local mental health authority; and

(2) the commission.

(g) In determining whether to designate a local behavioral

health authority for a service area and in determining the

functions of the authority if designated, the department and

commission shall solicit and consider written comments from any

interested person including community representatives, persons

who are consumers of the proposed services of the authority, and

family members of those consumers.

(h) An authority designated under this section shall demonstrate

to the department and the commission that services involving

state funds that the authority oversees comply with relevant

state standards.

(i) The board and the commission jointly may adopt rules to

govern the operations of local behavioral health authorities. The

department and the commission jointly may assign the local

behavioral health authority the duty of providing a single point

of entry for mental health and chemical dependency services.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 9, eff. Sept. 1,

1999.

Sec. 533.0357. BEST PRACTICES CLEARINGHOUSE FOR LOCAL MENTAL

HEALTH AUTHORITIES. (a) In coordination with local mental

health authorities, the department shall establish an online

clearinghouse of information relating to best practices of local

mental health authorities regarding the provision of mental

health services, development of a local provider network, and

achievement of the best return on public investment in mental

health services.

(b) The department shall solicit and collect from local mental

health authorities that meet established outcome and performance

measures, community centers, consumers and advocates with

expertise in mental health or in the provision of mental health

services, and other local entities concerned with mental health

issues examples of best practices related to:

(1) developing and implementing a local network development

plan;

(2) assembling and expanding a local provider network to

increase consumer choice;

(3) creating and enforcing performance standards for providers;

(4) managing limited resources;

(5) maximizing available funding;

(6) producing the best client outcomes;

(7) ensuring consumers of mental health services have control

over decisions regarding their health;

(8) developing procurement processes to protect public funds;

(9) achieving the best mental health consumer outcomes possible;

and

(10) implementing strategies that effectively incorporate

consumer and family involvement to develop and evaluate the

provider network.

contractors to develop, implement, and maintain a system of

collecting and evaluating the best practices of local mental

health authorities as provided by this section.

(d) The department shall encourage local mental health

authorities that successfully implement best practices in

accordance with this section to mentor local mental health

authorities that have service deficiencies.

(e) Before the executive commissioner may remove a local mental

health authority's designation under Section 533.035(a) as a

local mental health authority, the executive commissioner shall:

(1) assist the local mental health authority in attaining

training and mentorship in using the best practices established

in accordance with this section; and

(2) track and document the local mental health authority's

improvements in the provision of service or continued service

deficiencies.

(f) Subsection (e) does not apply to the removal of a local

mental health authority's designation initiated at the request of

a local government official who has responsibility for the

provision of mental health services.

(g) The department shall implement this section using only

existing resources.

(h) The Department of State Health Services shall ensure that a

local mental health authority providing best practices

information to the department or mentoring another local mental

health authority complies with Section 533.03521(f).

Added by Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 6, eff. June 16, 2007.

Sec. 533.0358. LOCAL MENTAL HEALTH AUTHORITY'S PROVISION OF

SERVICES AS PROVIDER OF LAST RESORT. (a) A local mental health

authority may serve as a provider of services under Section

533.035(e) only if, through the local network development plan

process, the local authority determines that at least one of the

following applies:

(1) interested qualified service providers are not available to

provide services or no service provider meets the local

authority's procurement requirements;

(2) the local authority's network of providers does not provide

a minimum level of consumer choice by:

(A) presenting consumers with two or more qualified service

providers in the local authority's network for service packages;

and

(B) presenting consumers with two or more qualified service

providers in the local authority's network for specific services

within a service package;

(3) the local authority's provider network does not provide

consumers in the local service area with access to services at

least equal to the level of access provided as of a date the

executive commissioner specifies;

(4) the combined volume of services delivered by qualified

service providers in the local network does not meet all of the

local authority's service capacity for each service package

identified in the local network development plan;

(5) the performance of the services by the local authority is

necessary to preserve critical infrastructure and ensure

continuous provision of services; or

(6) existing contracts or other agreements restrict the local

authority from contracting with qualified service providers for

services in the local network development plan.

(b) If a local mental health authority continues to provide

services in accordance with this section, the local authority

shall identify in the local authority's local network development

plan:

(1) the proportion of its local network services that the local

authority will provide; and

(2) the local authority's basis for its determination that the

local authority must continue to provide services.

Added by Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 6, eff. June 16, 2007.

Sec. 533.0359. RULEMAKING FOR LOCAL MENTAL HEALTH AUTHORITIES.

(a) In developing rules governing local mental health

authorities under Sections 533.035, 533.0351, 533.03521,

533.0357, and 533.0358, the executive commissioner shall use

rulemaking procedures under Subchapter B, Chapter 2001,

Government Code.

(b) The executive commissioner by rule shall prohibit a trustee

or employee of a local mental health authority from soliciting or

accepting from another person a benefit, including a security or

stock, a gift, or another item of value, that is intended to

influence the person's conduct of authority business.

Added by Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 6, eff. June 16, 2007.

Sec. 533.036. REPORT ON APPLICATION FOR SERVICES. (a) The

department shall collect information relating to each application

for residential and nonresidential services provided by the

department or a mental retardation authority and the department's

or authority's response to the application.

(b) The information must include:

(1) the applicant's age, diagnosis, and legal status;

(2) the date on which the department or authority receives the

application; and

(3) the date on which the department or authority acts on the

application.

board an annual report on the applications and their disposition.

The department may not include information in the report that

would disclose an applicant's identity.

(d) The board shall submit copies of the report to the

legislature not later than October 1 of each year.

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

1991.

Sec. 533.037. SERVICE PROGRAMS AND SHELTERED WORKSHOPS. (a)

The department may provide mental health and mental retardation

services through halfway houses, sheltered workshops, community

centers, and other mental health and mental retardation services

programs.

(b) The department may operate or contract for the provision of

part or all of the sheltered workshop services and may contract

for the sale of goods produced and services provided by a

sheltered workshop program. The goods and services may be sold

for cash or on credit.

workshop the department operates. Each operating fund must be in

a national or state bank that is a member of the Federal Deposit

Insurance Corporation.

(d) Money derived from gifts or grants received for sheltered

workshop purposes and the proceeds from the sale of sheltered

workshop goods and services shall be deposited to the credit of

the operating fund. The money in the fund may be spent only in

the operation of the sheltered workshop to:

(1) purchase supplies, materials, services, and equipment;

(2) pay salaries of and wages to participants and employees;

(3) construct, maintain, repair, and renovate facilities and

equipment; and

(4) establish and maintain a petty cash fund of not more than

$100.

(e) Money in an operating fund that is used to pay salaries of

and wages to participants in the sheltered workshop program is

money the department holds in trust for the participants'

benefit.

(f) This section does not affect the authority or jurisdiction

of a community center as prescribed by Chapter 534.

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

1991.

Sec. 533.038. FACILITIES AND SERVICES FOR CLIENTS WITH MENTAL

RETARDATION. (a) The department may designate all or any part

of a department facility as a special facility for the diagnosis,

special training, education, supervision, treatment, care, or

control of clients with mental retardation.

(b) The department may specify the facility in which a client

with mental retardation under the department's jurisdiction is

placed.

facility for the convenience and benefit of clients with mental

retardation of the community in which the facility is located and

who are not capable of enrollment in a public school system's

regular or special classes.

(d) A person with mental retardation, or a person's legally

authorized representative, seeking residential services shall

receive a clear explanation of programs and services for which

the person is determined to be eligible, including state schools,

community ICF-MR programs, waiver services under Section 1915(c)

of the federal Social Security Act (42 U.S.C. Section 1396n(c)),

or other services. The preferred programs and services chosen by

the person or the person's legally authorized representative

shall be documented in the person's record. If the preferred

programs or services are not available, the person or the

person's legally authorized representative shall be given

assistance in gaining access to alternative services and the

selected waiting list.

(e) The department shall ensure that the information regarding

program and service preferences collected under Subsection (d) is

documented and maintained in a manner that permits the department

to access and use the information for planning activities

conducted under Section 533.032.

(f) The department may spend money appropriated for the state

school system only in accordance with limitations imposed by the

General Appropriations Act.

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

1991. Amended by Acts 1999, 76th Leg., ch. 1187, Sec. 10, eff.

Sept. 1, 1999.

Sec. 533.039. CLIENT SERVICES OMBUDSMAN. (a) The commissioner

shall employ an ombudsman responsible for assisting a person, or

a parent or guardian of a person, who has been denied service by

the department, a department program or facility, or a local

mental health or mental retardation authority.

(b) The ombudsman shall:

(1) explain and provide information on department and local

mental health or mental retardation authority services,

facilities, and programs and the rules, procedures, and

guidelines applicable to the person denied services; and

(2) assist the person in gaining access to an appropriate

program or in placing the person on an appropriate waiting list.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 11, eff. Sept. 1,

1999.

Sec. 533.040. SERVICES FOR CHILDREN AND YOUTH. (a) The

department shall ensure the development of programs and the

expansion of services at the community level for children with

mental illness or mental retardation, or both, and for their

families. The department shall:

(1) prepare and review budgets for services for children;

(2) develop departmental policies relating to children's

programs and service delivery; and

(3) increase interagency coordination activities to enhance the

provision of services for children.

(b) The department shall designate an employee authorized in the

department's schedule of exempt positions to be responsible for

planning and coordinating services and programs for children and

youth. The employee shall perform budget and policy review and

provide interagency coordination of services for children and

youth.

suicide prevention officer. The officer shall serve as a liaison

to the Texas Education Agency and public schools on matters

relating to the prevention of and response to suicide or

attempted suicide by public school students.

(d) The department and the Interagency Council on Early

Childhood Intervention shall:

(1) jointly develop:

(A) a continuum of care for children younger than seven years of

age who have mental illness; and

(B) a plan to increase the expertise of the department's service

providers in mental health issues involving children younger than

seven years of age; and

(2) coordinate, if practicable, department and council

activities and services involving children with mental illness

and their families.

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

1991. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.46, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 57, Sec. 1, eff. May 15,

2003.

Sec. 533.041. SERVICES FOR EMOTIONALLY DISTURBED CHILDREN AND

YOUTH. (a) At each department mental health facility, the

department shall make short-term evaluation and diagnostic

services available for emotionally disturbed children and youth

who are referred to the department by the Texas Department of

Human Services if evaluation and diagnostic services for the

children and youth are not immediately available through a local

mental health authority.

(b) The Texas Department of Human Services may pay for the

services according to fees jointly agreed to by both agencies.

The department may use payments received under the agreement to

contract for community-based residential placements for

emotionally disturbed children and youth.

emotionally disturbed children and youth that contains both

individual and aggregate information. The purpose of the

information is to allow the department to track services and

placements and to conduct research on the treatment of the

children and youth. The department may coordinate activities with

the Texas Department of Human Services in developing the

information. The department shall make the information available

to the department's mental health facilities and to community

centers.

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

1991.

Sec. 533.0415. MEMORANDUM OF UNDERSTANDING ON INTERAGENCY

TRAINING. (a) The department, the Texas Department of Human

Services, the Texas Youth Commission, the Texas Juvenile

Probation Commission, and the Texas Education Agency by rule

shall adopt a joint memorandum of understanding to develop

interagency training for the staffs of the agencies involved in

the functions of assessment, case planning, case management, and

in-home or direct delivery of services to children, youth, and

their families. The memorandum must:

(1) outline the responsibility of each agency in coordinating

and developing a plan for interagency training on individualized

assessment and effective intervention and treatment services for

children and dysfunctional families; and

(2) provide for the establishment of an interagency task force

to:

(A) develop a training program to include identified

competencies, content, and hours for completion of the training

with at least 20 hours of training required each year until the

program is completed;

(B) design a plan for implementing the program, including

regional site selection, frequency of training, and selection of

experienced clinical public and private professionals or

consultants to lead the training;

including the development of additional curricula based on future

training needs identified by staff and professionals; and

(D) submit a report to the governor, lieutenant governor, and

speaker of the house of representatives by October 15 of each

even-numbered year.

(b) The task force consists of:

(1) one clinical professional and one training staff member from

each agency, appointed by that agency; and

(2) 10 private sector clinical professionals with expertise in

dealing with troubled children, youth, and dysfunctional

families, two of whom are appointed by each agency.

(d) The department shall act as the lead agency in coordinating

the development and implementation of the memorandum.

(e) The agencies shall review and by rule revise the memorandum

not later than August each year.

Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.04, eff. Aug. 30,

1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.47, eff.

Sept. 1, 1997.

Sec. 533.042. EVALUATION OF ELDERLY RESIDENTS. (a) The

department shall evaluate each elderly resident at least annually

to determine if the resident can be appropriately served in a

less restrictive setting.

(b) The department shall consider the proximity to the resident

of family, friends, and advocates concerned with the resident's

well-being in determining whether the resident should be moved

from a department facility or to a different department facility.

The department shall recognize that a nursing home may not be

able to meet the special needs of an elderly resident.

ensure appropriate placement, the department shall identify the

special needs of the resident, the types of services that will

best meet those needs, and the type of facility that will best

provide those services.

(d) The treating physician shall conduct the evaluation of an

elderly resident of a department mental health facility. The

appropriate interdisciplinary team shall conduct the evaluation

of an elderly resident of a department mental retardation

facility.

(e) The department shall attempt to place an elderly resident in

a less restrictive setting if the department determines that the

resident can be appropriately served in that setting. The

department shall coordinate the attempt with the local mental

health and mental retardation authority.

(f) A local mental health or mental retardation authority shall

provide continuing care for an elderly resident placed in the

authority's service area under this section.

(g) The local mental health or mental retardation authority

shall have the right of access to all residents and records of

residents who request continuing care services.

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

1991. Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 5, eff. Aug.

30, 1993.

Sec. 533.043. PROPOSALS FOR GERIATRIC, EXTENDED, AND

TRANSITIONAL CARE. (a) The department shall solicit proposals

from community providers to operate:

(1) community residential programs that will provide at least

the same services that an extended care unit provides for the

population the provider proposes to serve; or

(2) transitional living units that will provide at least the

same services that the department traditionally provides in

facility-based transitional care units.

(b) The department shall solicit proposals from community

providers to operate community residential programs for elderly

residents at least every two years.

serve all or part of an extended care unit's population.

(d) A proposal to operate transitional living units may provide

that the community provider operate the transitional living unit

in a community setting or on the grounds of a department

facility.

(e) The department shall require each provider to:

(1) offer adequate assurances of ability to:

(A) provide the required services;

(B) meet department standards; and

(2) sign a memorandum of agreement with the local mental health

or mental retardation authority, as appropriate, outlining the

responsibilities for continuity of care and monitoring, if the

provider is not the local authority.

(f) The department may fund a proposal through a contract if the

provider agrees to meet the requirements prescribed by Subsection

(e) and agrees to provide the services at a cost that is equal to

or less than the cost to the department to provide the services.

(g) The appropriate local mental health or mental retardation

authority shall monitor the services provided to a resident

placed in a program funded under this section. The department may

monitor any service for which it contracts.

(h) The department is responsible for the care of a patient in

an extended care program funded under this section. The

department may terminate a contract for extended care services if

the program ends or does not provide the required services. The

department shall provide the services or find another program to

provide the services if the department terminates a contract.

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

1991.

Sec. 533.044. MEMORANDUM OF UNDERSTANDING ON ASSESSMENT TOOLS.

(a) The department and Texas Department of Human Services by

rule shall adopt a joint memorandum of understanding that

requires the use of a uniform assessment tool to assess whether

an elderly person, a person with mental retardation, a person

with a developmental disability, or a person who is suspected of

being a person with mental retardation or a developmental

disability and who is receiving services in a facility regulated

or operated by the department or Texas Department of Human

Services needs a guardian of the person or estate, or both.

(b) The memorandum must prescribe:

(1) the facilities that must use the assessment; and

(2) the circumstances in which the facilities must use the

assessment.

necessary not later than the last month of each state fiscal

year.

Added by Acts 1993, 73rd Leg., ch. 905, Sec. 4, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 798, Sec. 4, eff. Aug.

28, 1995.

Sec. 533.045. USE OF CERTAIN DRUGS FOR CERTAIN PATIENTS. (a)

The department may place on a clozapine treatment plan each

patient in a state hospital for whom the treatment is medically

feasible and appropriate. The department may place a patient on a

treatment plan using a drug other than clozapine if the drug

produces results that are similar to or better than clozapine in

treating schizophrenics.

(b) If a patient in a state hospital responds to a treatment

plan required or authorized by Subsection (a) to the extent that

the patient can be discharged from the hospital, the department

may:

(1) assist the patient in applying for disability benefits and

for Medicaid if the patient is potentially eligible;

(2) place the patient in a community setting with continuing

drug treatments and with medical monitoring;

(3) provide or ensure that the patient is provided supportive

housing, rehabilitation services, and job placement, as

appropriate; and

(4) provide outpatient care at state hospitals or require a

local mental health authority to provide outpatient care, as

appropriate.

discharged through the use of a treatment plan allowed by

Subsection (a) for other appropriate uses.

Added by Acts 1993, 73rd Leg., ch. 973, Sec. 1, eff. Sept. 1,

1993. Renumbered from Health & Safety Code Sec. 533.044 by

Acts 1995, 74th Leg., ch. 76, Sec. 17.01(31), eff. Sept. 1, 1995.

Sec. 533.046. FEDERAL FUNDING FOR MENTAL HEALTH SERVICES FOR

CHILDREN AND FAMILIES. (a) The department shall enter into an

interagency agreement with the Texas Department of Human Services

to:

(1) amend the eligibility requirements of the state's emergency

assistance plan under Title IV-A, Social Security Act (42 U.S.C.

Section 601 et seq.), to include mental health emergencies; and

(2) prescribe the procedures the agencies will use to delegate

to the department and to local mental health and mental

retardation authorities the administration of mental health

emergency assistance.

(b) The interagency agreement must provide that:

(1) the department certify to the Texas Department of Human

Services the nonfederal expenditures for which the state will

claim federal matching funds; and

(2) the Texas Department of Human Services retain responsibility

for making final eligibility decisions.

mental retardation authorities 66 percent of the federal funds

received under this section.

Added by Acts 1995, 74th Leg., ch. 373, Sec. 1, eff. Aug. 28,

1995; Acts 1995, 74th Leg., ch. 655, Sec. 6.07, eff. Sept. 1,

1995.

Sec. 533.047. MANAGED CARE ORGANIZATIONS: MEDICAID PROGRAM. The

department shall develop performance, operation, quality of care,

marketing, and financial standards for the provision by managed

care organizations of mental health and mental retardation

services to Medicaid clients.

Added by Acts 1995, 74th Leg., ch. 574, Sec. 2, eff. Sept. 1,

1995. Renumbered from Health and Safety Code Sec. 533.045 by Acts

1997, 75th Leg., ch. 165, Sec. 31.01(59), eff. Sept. 1, 1997.

Sec. 533.048. GUARDIANSHIP ADVISORY COMMITTEE. (a) In this

section, "institution" means:

(1) an ICF-MR; or

(2) a state hospital, state school, or state center maintained

and managed by the department.

(b) The commissioner shall appoint a guardianship advisory

committee composed of nine members, five of whom must be parents

of residents of institutions.

committee to serve as presiding officer. The members of the

advisory committee shall elect any other necessary officers.

(d) The advisory committee shall meet at the call of the

presiding officer.

(e) A member of the advisory committee serves at the will of the

commissioner.

(f) A member of the advisory committee may not receive

compensation for serving on the advisory committee but is

entitled to reimbursement for travel expenses incurred by the

member while conducting the business of the advisory committee as

provided by the General Appropriations Act.

(g) The advisory committee shall develop a plan and make

specific recommendations to the department regarding methods to

facilitate the appointment of relatives of residents of

institutions as guardians of those residents to make decisions

regarding appropriate care settings for the residents.

Added by Acts 2001, 77th Leg., ch. 1239, Sec. 5, eff. Sept. 1,

2001.

Sec. 533.049. PRIVATIZATION OF STATE SCHOOL. (a) After August

31, 2004, and before September 1, 2005, the department may

contract with a private service provider to operate a state

school only if:

(1) the Health and Human Services Commission determines that the

private service provider will operate the state school at a cost

that is at least 25 percent less than the cost to the department

to operate the state school;

(2) the Health and Human Services Commission approves the

contract;

(3) the private service provider is required under the contract

to operate the school at a quality level at least equal to the

quality level achieved by the department when the department

operated the school, as measured by the school's most recent

applicable ICF-MR survey; and

(4) the state school, when operated under the contract, treats a

population with the same characteristics and need levels as the

population treated by the state school when operated by the

department.

(b) On or before April 1, 2004, the department shall report to

the commissioner of health and human services whether the

department has received a proposal by a private service provider

to operate a state school. The report must include an evaluation

of the private service provider's qualifications, experience, and

financial strength, a determination of whether the provider can

operate the state school under the same standard of care as the

department, and an analysis of the projected savings under a

proposed contract with the provider. The savings analysis must

include all department costs to operate the state school,

including costs, such as employee benefits, that are not

appropriated to the department.

to operate a state school, the department, the Governor's Office

of Budget and Planning, and the Legislative Budget Board shall

identify sources of funding that must be transferred to the

department to fund the contract.

(d) The department may renew a contract under this section. The

conditions listed in Subsections (a)(1)-(3) apply to the renewal

of the contract.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.77(a), eff. Sept.

1, 2004.

Sec. 533.050. PRIVATIZATION OF STATE MENTAL HOSPITAL. (a)

After August 31, 2004, and before September 1, 2005, the

department may contract with a private service provider to

operate a state mental hospital owned by the department only if:

(1) the Health and Human Services Commission determines that the

private service provider will operate the hospital at a cost that

is at least 25 percent less than the cost to the department to

operate the hospital;

(2) the Health and Human Services Commission approves the

contract;

(3) the hospital, when operated under the contract, treats a

population with the same characteristics and acuity levels as the

population treated at the hospital when operated by the

department; and

(4) the private service provider is required under the contract

to operate the hospital at a quality level at least equal to the

quality level achieved by the department when the department

operated the hospital, as measured by the hospital's most recent

applicable accreditation determination from the Joint Commission

on Accreditation of Healthcare Organizations (JCAHO).

(b) On or before April 1, 2004, the department shall report to

the commissioner of health and human services whether the

department has received a proposal by a private service provider

to operate a state mental hospital. The report must include an

evaluation of the private service provider's qualifications,

experience, and financial strength, a determination of whether

the provider can operate the hospital under the same standard of

care as the department, and an analysis of the projected savings

under a proposed contract with the provider. The savings analysis

must include all department costs to operate the hospital,

including costs, such as employee benefits, that are not

appropriated to the department.

to operate a state mental hospital, the department, the

Governor's Office of Budget and Planning, and the Legislative

Budget Board shall identify sources of funding that must be

transferred to the department to fund the contract.

(d) The department may renew a contract under this section. The

conditions listed in Subsections (a)(1)-(3) apply to the renewal

of the contract.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.78(a), eff. Sept.

1, 2004.

SUBCHAPTER C. POWERS AND DUTIES RELATING TO ICF-MR PROGRAM

Sec. 533.062. PLAN ON LONG-TERM CARE FOR PERSONS WITH MENTAL

RETARDATION. (a) The department shall biennially develop a

proposed plan on long-term care for persons with mental

retardation.

(b) The proposed plan must specify the capacity of the HCS

waiver program for persons with mental retardation and the number

and levels of new ICF-MR beds to be authorized in each region. In

developing the proposed plan, the department shall consider:

(1) the needs of the population to be served;

(2) projected appropriation amounts for the biennium; and

(3) the requirements of applicable federal law.

biennium. The department shall conduct a public hearing on the

proposed plan. Not later than July 1 of each even-numbered year,

the department shall submit the plan to the Health and Human

Services Commission for approval.

(d) The Health and Human Services Commission may modify the

proposed plan as necessary before its final approval. In

determining the appropriate number of ICF-MR facilities for

persons with a related condition, the department and the Health

and Human Services Commission shall consult with the Texas

Department of Human Services.

(e) The Health and Human Services Commission shall submit the

proposed plan as part of the consolidated health and human

services budget recommendation required under Section 13, Article

4413(502), Revised Statutes.

(f) After legislative action on the appropriation for long-term

care services for persons with mental retardation, the Health and

Human Services Commission shall adjust the plan to ensure that

the number of ICF-MR beds licensed or approved as meeting license

requirements and the capacity of the HCS waiver program are

within appropriated funding amounts.

(g) After any necessary adjustments, the Health and Human

Services Commission shall approve the final biennial plan and

publish the plan in the Texas Register.

(h) The department may submit proposed amendments to the plan to

the Health and Human Services Commission.

(i) In this section, "HCS waiver program" means services under

the state Medicaid home and community-based services waiver

program for persons with mental retardation adopted in accordance

with 42 U.S.C. Section 1396n(c).

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

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.06, eff.

Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 646, Sec. 6, eff. Aug.

30, 1993; Acts 1993, 73rd Leg., ch. 747, Sec. 27, eff. Sept. 1,

1993.

Sec. 533.063. REVIEW OF ICF-MR RULES. (a) The department and

the Texas Department of Human Services shall meet as necessary to

discuss proposed changes in the rules or the interpretation of

the rules that govern the ICF-MR program.

(b) The departments shall jointly adopt a written policy

interpretation letter that describes the proposed change and

shall make a copy of the letter available to providers.

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

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.097, eff.

Sept. 1, 1995.

Sec. 533.065. ICF-MR APPLICATION CONSOLIDATION LIST. (a) The

department shall maintain a consolidated list of applications for

certification for participation in the ICF-MR program.

(b) The department shall list the applications in descending

order using the date on which the department received the

completed application.

which the applications are listed.

(d) The department shall notify the Texas Department of Human

Services of each application for a license or for compliance with

licensing standards the department approves.

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

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.098, eff.

Sept. 1, 1995.

Sec. 533.066. INFORMATION RELATING TO ICF-MR PROGRAM. (a) At

least annually, the department and the Texas Department of Human

Services shall jointly sponsor a conference on the ICF-MR program

to:

(1) assist providers in understanding survey rules;

(2) review deficiencies commonly found in ICF-MR facilities; and

(3) inform providers of any recent changes in the rules or in

the interpretation of the rules relating to the ICF-MR program.

(b) The departments also may use any other method to provide

necessary information to providers, including publications.

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

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.099, eff.

Sept. 1, 1995.

SUBCHAPTER D. POWERS AND DUTIES RELATING TO DEPARTMENT FACILITIES

Sec. 533.081. DEVELOPMENT OF FACILITY BUDGETS. The department,

in budgeting for a facility, shall use uniform costs for specific

types of services a facility provides unless a legitimate reason

exists and is documented for the use of other costs.

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

1991.

Sec. 533.082. DETERMINATION OF SAVINGS IN FACILITIES. (a) The

department shall determine the degree to which the costs of

operating department facilities for persons with mental illness

or mental retardation in compliance with applicable standards are

affected as populations in the facilities fluctuate.

(b) In making the determination, the department shall:

(1) assume that the current level of services and necessary

state of repair of the facilities will be maintained; and

(2) include sufficient funds to allow the department to comply

with the requirements of litigation and applicable standards.

health programs any savings realized in operating department

facilities for persons with mental illness.

(d) The department shall allocate to community-based mental

retardation programs any savings realized in operating department

facilities for persons with mental retardation.

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

1991.

Sec. 533.083. CRITERIA FOR EXPANSION, CLOSURE, OR CONSOLIDATION

OF FACILITY. The department shall establish objective criteria

for determining when a new facility may be needed and when a

facility may be expanded, closed, or consolidated.

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

1991.

Sec. 533.084. MANAGEMENT OF SURPLUS REAL PROPERTY. (a) To the

extent provided by this subtitle, the department may lease,

transfer, or otherwise dispose of any surplus real property,

including any improvements under its management and control, or

authorize the lease, transfer, or disposal of the property.

Surplus property is property the board designates as having

minimal value to the present service delivery system and projects

to have minimal value to the service delivery system as described

in the department's long-range plan.

(b) The proceeds from the lease, transfer, or disposal of

surplus real property, including any improvements, shall be

deposited to the credit of the department in the Texas capital

trust fund established under Chapter 2201, Government Code. The

proceeds and any interest from the proceeds may be appropriated

only for improvements to the department's system of facilities.

for four consecutive weeks in at least two newspapers. One

newspaper must be a newspaper published in the municipality in

which the property is located or the daily newspaper published

nearest to the property's location. The other newspaper must have

statewide circulation. Each lease is subject to the attorney

general's approval as to substance and form. The board shall

adopt forms, rules, and contracts that, in the board's best

judgment, will protect the state's interests. The board may

reject any or all bids.

(d) This section does not authorize the department to close or

consolidate a facility used to provide mental health or mental

retardation services without first obtaining legislative

approval.

(e) Notwithstanding Subsection (c), the department may enter

into a written agreement with the General Land Office to

administer lease proposals. If the General Land Office

administers a lease proposal under the agreement, notice that the

property is offered for lease must be published in accordance

with Section 32.107, Natural Resources Code.

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

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(5), eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1175, Sec. 2, eff. June

18, 1999; Acts 2003, 78th Leg., ch. 198, Sec. 2.79, eff. Sept. 1,

2003.

Sec. 533.0844. MENTAL HEALTH COMMUNITY SERVICES ACCOUNT. (a)

The mental health community services account is an account in the

general revenue fund that may be appropriated only for the

provision of mental health services by or under contract with the

department.

(b) The department shall deposit to the credit of the mental

health community services account any money donated to the state

for inclusion in the account, including life insurance proceeds

designated for deposit to the account.

account shall be credited to the account. The account is exempt

from the application of Section 403.095, Government Code.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.80, eff. Sept. 1,

2003.

Sec. 533.0846. MENTAL RETARDATION COMMUNITY SERVICES ACCOUNT.

(a) The mental retardation community services account is an

account in the general revenue fund that may be appropriated only

for the provision of mental retardation services by or under

contract with the department.

(b) The department shall deposit to the credit of the mental

retardation community services account any money donated to the

state for inclusion in the account, including life insurance

proceeds designated for deposit to the account.

account shall be credited to the account. The account is exempt

from the application of Section 403.095, Government Code.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.81, eff. Sept. 1,

2003.

Sec. 533.085. FACILITIES FOR INMATE AND PAROLEE CARE. (a) With

the written approval of the governor, the department may contract

with the Texas Department of Criminal Justice to transfer

facilities to that department or otherwise provide facilities

for:

(1) inmates with mental illness or mental retardation in the

custody of that department; or

(2) persons with mental illness or mental retardation paroled or

released under that department's supervision.

(b) An agency must report to the governor the agency's reasons

for proposing to enter into a contract under this section and

request the governor's approval.

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

1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.107, eff. September 1, 2009.

Sec. 533.086. USE OF DEPARTMENT FACILITIES BY SUBSTANCE ABUSERS.

(a) The department shall annually provide the Texas Commission

on Alcohol and Drug Abuse with an analysis by county of the

hospitalization rates of persons with substance abuse problems.

The analysis must include information indicating which admissions

were for persons with only substance abuse problems and which

admissions were for persons with substance abuse problems but

whose primary diagnoses were other types of mental health

problems.

(b) Not later than September 1 of each even-numbered year, the

department and the Texas Commission on Alcohol and Drug Abuse

shall jointly estimate the number of facility beds that should be

maintained for persons with substance abuse problems who cannot

be treated in the community.

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

1991.

Sec. 533.087. LEASE OF REAL PROPERTY. (a) The department may

lease real property, including any improvements under the

department's management and control, regardless of whether the

property is surplus property. Except as provided by Subsection

(c), the department may award a lease of real property only:

(1) at the prevailing market rate; and

(2) by competitive bid.

(b) The department shall advertise a proposal for lease at least

once a week for four consecutive weeks in:

(1) a newspaper published in the municipality in which the

property is located or the daily newspaper published nearest to

the property's location; and

(2) a newspaper of statewide circulation.

less than the prevailing market rate, without advertisement or

without competitive bidding, if:

(1) the board determines that sufficient public benefit will be

derived from the lease; and

(2) the property is leased to:

(A) a federal or state agency;

(B) a unit of local government;

(D) an entity related to the department by a service contract.

(d) The board shall adopt leasing rules, forms, and contracts

that will protect the state's interests.

(e) The board may reject any bid.

(f) This section does not authorize the department to close or

consolidate a facility used to provide mental health or mental

retardation services without legislative approval.

(g) Notwithstanding Subsections (a) and (b), the department may

enter into a written agreement with the General Land Office to

administer lease proposals. If the General Land Office

administers a lease proposal under the agreement, notice that the

property is offered for lease must be published in accordance

with Section 32.107, Natural Resources Code.

Added by Acts 1995, 74th Leg., ch. 821, Sec. 10, eff. Sept. 1,

1995. Amended by Acts 1999, 76th Leg., ch. 1175, Sec. 3, eff.

June 18, 1999.

SUBCHAPTER E. JAIL DIVERSION PROGRAM

Sec. 533.108. PRIORITIZATION OF FUNDING FOR DIVERSION OF PERSONS

FROM INCARCERATION IN CERTAIN COUNTIES. (a) A local mental

health or mental retardation authority may develop and may

prioritize its available funding for:

(1) a system to divert members of the priority population,

including those members with co-occurring substance abuse

disorders, before their incarceration or other contact with the

criminal justice system, to services appropriate to their needs,

including:

(A) screening and assessment services; and

(B) treatment services, including:

(i) assertive community treatment services;

(ii) inpatient crisis respite services;

(iii) medication management services;

(iv) short-term residential services;

(v) shelter care services;

(vi) crisis respite residential services;

(vii) outpatient integrated mental health services;

(viii) co-occurring substance abuse treatment services;

(ix) psychiatric rehabilitation and service coordination

services;

(x) continuity of care services; and

(xi) services consistent with the Texas Council on Offenders

with Mental Impairments model;

(2) specialized training of local law enforcement and court

personnel to identify and manage offenders or suspects who may be

members of the priority population; and

(3) other model programs for offenders and suspects who may be

members of the priority population, including crisis intervention

training for law enforcement personnel.

(b) A local mental health or mental retardation authority

developing a system, training, or a model program under

Subsection (a) shall collaborate with other local resources,

including local law enforcement and judicial systems and local

personnel.

not implement a system, training, or a model program developed

under this section until the system, training, or program is

approved by the department.

Added by Acts 2003, 78th Leg., ch. 1214, Sec. 3, eff. Sept. 1,

2003.

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2009 Texas Code HEALTH AND SAFETY CODE TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION CHAPTER 533. POWERS AND DUTIES

2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
CHAPTER 533. POWERS AND DUTIES