HBA-JEK, CCH, MSH C.S.H.B. 1497 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1497
By: Farabee
Public Health
4/30/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Mental Health Code consists of definitions and concepts that no
longer meet the needs of mental health care providers and their patients.
Past legislatures granted  the Texas Department of Mental Health and Mental
Retardation the authority, with the approval of local courts, to designate
community centers as single portal authorities responsible for determining
the best placement for mentally ill and mentally retarded patients.  Today,
however, every local mental health authority is designated as a single
portal authority thereby creating confusion related to the powers and
duties of a single portal authority.  C.S.H.B. 1497 removes the term
"single portal authority" and clarifies the authority of state and local
mental health authorities. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Mental Health and
Mental Retardation in SECTION 2 (Section 533.014, Health and Safety Code)
of this bill. 

ANALYSIS

C.S.H.B. 1497 amends the Health and Safety Code to replace references to a
"single portal authority" and "county health authority" with a "local
mental health authority" and replaces references to "state mental hospital"
with "inpatient facility operated by the Texas Department of Mental Health
and Mental Retardation (MHMR)." 

C.S.H.B. 1497 requires the Texas Board of Mental Health and Mental
Retardation (board) to adopt rules relating to the responsibility of local
mental health authorities to make recommendations relating to the most
appropriate and available treatment alternatives for individuals in need of
mental health services (Secs. 533.014, 533.035, and 574.012).  The bill
requires local mental health authorities and local mental retardation
authorities to consider public input, ultimate cost benefit, and client
care issues to ensure consumer choice and the best use of money in making
such recommendations.  The bill authorizes the board to delegate local
mental health authorities the authority and responsibility to coordinate
with criminal justice entities (Sec. 533.035).  On the request of the local
mental health authority, the judge may order that a person admitted for
emergency detention be detained in an inpatient mental health facility
operated by MHMR (Secs. 573.022, 574.023, 574.027, and 574.041). 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1497 differs from the original bill by placing references to a
"local mental health and  mental retardation authority" with a "local
mental health authority."  The substitute removes the definitions added in
the original of "facility" and "department facility," and no longer deletes
the definition of "state mental  hospital."  The substitute replaces
references to "state mental hospital" with references to an "inpatient
mental health facility operated by MHMR" instead of a "department mental
health facility."