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."