reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 534.033 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability|Chapter 534 - Community Services|Subchapter A. Community Centers|Section 534.033. Limitation on Department Control and Review

Sec. 534.033.  LIMITATION ON DEPARTMENT CONTROL AND REVIEW.  (a)  It is the intent of the legislature that each department limit its control over, and routine reviews of, community center programs to those programs that:(1)  use funds from that department or use required local funds that are matched with funds from that department;(2)  provide core or required services;(3)  provide services to former clients or patients of a facility of that department; or(4)  are affected by litigation in which that department is a defendant.(b)  Each appropriate department may review any community center program if the department has reason to suspect that a violation of a department rule has occurred or if the department receives an allegation of patient or client abuse.(c)  Each appropriate department may determine whether a particular program uses funds from that department or uses required local matching funds.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.27, eff. Aug. 30, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.|
TX Health & Safety Code § 534.035 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability|Chapter 534 - Community Services|Subchapter A. Community Centers|Section 534.035. Review, Audit, and Appeal Procedures

Sec. 534.035.  REVIEW, AUDIT, AND APPEAL PROCEDURES.  (a)  The executive commissioner by rule shall establish review, audit, and appeal procedures for community centers.  The procedures must ensure that reviews and audits are conducted in sufficient quantity and type to provide reasonable assurance that a community center has adequate and appropriate fiscal controls.(b)  In a community center plan approved under Section 534.001, the center must agree to comply with the review and audit procedures established under this section.(c)  If, by a date prescribed by each appropriate commissioner, the community center fails to respond to a deficiency identified in a review or audit to the satisfaction of that commissioner, that department may sanction the center in accordance with department rules.|Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.28, eff. Aug. 30, 1993.  Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 8, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.|
TX Health & Safety Code § 534.036 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability|Chapter 534 - Community Services|Subchapter A. Community Centers|Section 534.036. Financial Audit

Sec. 534.036.  FINANCIAL AUDIT.  (a)  The executive commissioner shall prescribe procedures for financial audits of community centers.  The executive commissioner shall develop the procedures with the assistance of the state agencies and departments that contract with community centers.  The executive commissioner shall coordinate with each of those state agencies and departments to incorporate each agency's financial and compliance requirements for a community center into a single audit that meets the requirements of Section 534.068 or 534.121, as appropriate.  Before prescribing or amending the procedures, the executive commissioner shall set a deadline for those state agencies and departments to submit to the executive commissioner proposals relating to the financial audit procedures.  The procedures must be consistent with any requirements connected with federal funding received by the community center.(b)  Each state agency or department that contracts with a community center shall comply with the procedures developed under this section.(c)  The executive commissioner shall develop protocols for a state agency or department to conduct additional financial audit activities of a community center. |Added by Acts 1997, 75th Leg., ch. 869, Sec. 2, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.|
TX Health & Safety Code § 534.037 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability|Chapter 534 - Community Services|Subchapter A. Community Centers|Section 534.037. Program Audit

Sec. 534.037.  PROGRAM AUDIT.  (a)  The executive commissioner shall coordinate with each state agency or department that contracts with a community center to prescribe procedures based on risk assessment for coordinated program audits of the activities of a community center.   The procedures must be consistent with any requirements connected with federal funding received by the community center.(b)  A program audit of a community center must be performed in accordance with procedures developed under this section.(c)  This section does not prohibit a state agency or department or an entity providing funding to a community center from investigating a complaint against or performing additional contract monitoring of a community center.(d)  A program audit under this section must evaluate:(1)  the extent to which the community center is achieving the desired results or benefits established by the legislature or by a state agency or department;(2)  the effectiveness of the community center's organizations, programs, activities, or functions; and(3)  whether the community center is in compliance with applicable laws.|Added by Acts 1997, 75th Leg., ch. 869, Sec. 3, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.|
TX Health & Safety Code § 534.038 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability|Chapter 534 - Community Services|Subchapter A. Community Centers|Section 534.038. Appointment of Manager or Management Team

Sec. 534.038.  APPOINTMENT OF MANAGER OR MANAGEMENT TEAM.  (a)  Each appropriate commissioner may appoint a manager or management team to manage and operate a community center if the commissioner finds that the center or an officer or employee of the center:(1)  intentionally, recklessly, or negligently failed to discharge the center's duties under a contract with that department;(2)  misused state or federal money;(3)  engaged in a fraudulent act, transaction, practice, or course of business;(4)  endangers or may endanger the life, health, or safety of a person served by the center;(5)  failed to keep fiscal records or maintain proper control over center assets as prescribed by Chapter 783, Government Code;(6)  failed to respond to a deficiency in a review or audit;(7)  substantially failed to operate within the functions and purposes defined in the center's plan; or(8)  otherwise substantially failed to comply with this subchapter or rules of that department.(b)  Each appropriate department shall give written notification to the center and local agency or combination of agencies responsible for making appointments to the local board of trustees regarding:(1)  the appointment of the manager or management team; and(2)  the circumstances on which the appointment is based.(c)  Each appropriate commissioner may require the center to pay costs incurred by the manager or management team.(d)  The center may appeal a commissioner's decision to appoint a manager or management team as prescribed by rules of that department.  The filing of a notice of appeal stays the appointment unless the commissioner based the appointment on a finding under Subsection (a)(2) or (4).|Added by Acts 1999, 76th Leg., ch. 1520, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 839, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.|
TX Health & Safety Code § 534.039 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability|Chapter 534 - Community Services|Subchapter A. Community Centers|Section 534.039. Powers and Duties of Management Team

Sec. 534.039.  POWERS AND DUTIES OF MANAGEMENT TEAM.  (a)  As each appropriate commissioner determines for each appointment, a manager or management team appointed under Section 534.038 may:(1)  evaluate, redesign, modify, administer, supervise, or monitor a procedure, operation, or the management of a community center;(2)  hire, supervise, discipline, reassign, or terminate the employment of a center employee;(3)  reallocate a resource and manage an asset of the center;(4)  provide technical assistance to an officer or employee of the center;(5)  require or provide staff development;(6)  require that a financial transaction, expenditure, or contract for goods and services must be approved by the manager or management team;(7)  redesign, modify, or terminate a center program or service;(8)  direct the executive director, local board of trustees, chief financial officer, or a fiscal or program officer of the center to take an action;(9)  exercise a power or duty of an officer or employee of the center; or(10)  make a recommendation to the local agency or combination of agencies responsible for appointments to the local board of trustees regarding the removal of a center trustee.(b)  The manager or management team shall supervise the exercise of a power or duty by the local board of trustees.(c)  The manager or management team shall report monthly to each appropriate commissioner and local board of trustees on actions taken.(d)  A manager or management team appointed under this section may not use an asset or money contributed by a county, municipality, or other local funding entity without the approval of the county, municipality, or entity.|Added by Acts 1999, 76th Leg., ch. 1520, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.|
TX Health & Safety Code § 534.040 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability|Chapter 534 - Community Services|Subchapter A. Community Centers|Section 534.040. Restoring Management to Center

Sec. 534.040.  RESTORING MANAGEMENT TO CENTER.  (a)  Each month, each appropriate commissioner shall evaluate the performance of a community center managed by a manager or team appointed under Section 534.038 to determine the feasibility of restoring the center's management and operation to a local board of trustees.(b)  The authority of the manager or management team continues until each appropriate commissioner determines that the relevant factors listed under Section 534.038(a) no longer apply.(c)  Following a determination under Subsection (b), each appropriate commissioner shall terminate the authority of the manager or management team and restore authority to manage and operate the center to the center's authorized officers and employees.|Added by Acts 1999, 76th Leg., ch. 1520, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 839, Sec. 2, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.|
TX Health & Safety Code § 534.051 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability|Chapter 534 - Community Services|Subchapter B. Community-Based Mental Health Services|Section 534.051. Definitions

Sec. 534.051.  DEFINITIONS.  In this subchapter:(1)  "Commissioner" means the commissioner of state health services.(2)  "Department" means the Department of State Health Services.|Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.|
TX Health & Safety Code § 534.052 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability|Chapter 534 - Community Services|Subchapter B. Community-Based Mental Health Services|Section 534.052. Rules and Standards

Sec. 534.052.  RULES AND STANDARDS.  (a)  The executive commissioner shall adopt rules, including standards, the executive commissioner considers necessary and appropriate to ensure the adequate provision of community-based mental health services through a local mental health authority under this subchapter.(b)  The department shall send a copy of the rules to each local mental health authority or other provider receiving contract funds as a local mental health authority or designated provider.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.29, eff. Aug. 30, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.|
TX Health & Safety Code § 534.053 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability|Chapter 534 - Community Services|Subchapter B. Community-Based Mental Health Services|Section 534.053. Required Community-Based Mental Health Services

Sec. 534.053.  REQUIRED COMMUNITY-BASED MENTAL HEALTH SERVICES.  (a)  The department shall ensure that, at a minimum, the following services are available in each service area:(1)  24-hour emergency screening and rapid crisis stabilization services;(2)  community-based crisis residential services or hospitalization;(3)  community-based assessments, including the development of interdisciplinary treatment plans and diagnosis and evaluation services;(4)   medication-related services, including medication clinics, laboratory monitoring, medication education, mental health maintenance education, and the provision of medication; and(5)  psychosocial rehabilitation programs, including social support activities, independent living skills, and vocational training.(b)  The department shall arrange for appropriate community-based services to be available in each service area for each person discharged from a department facility who is in need of care.(c)  To the extent that resources are available, the department shall:(1)  ensure that the services listed in this section are available for children, including adolescents, as well as adults, in each service area;(2)  emphasize early intervention services for children, including adolescents, who meet the department's definition of being at high risk of developing severe emotional disturbances or severe mental illnesses; and(3)  ensure that services listed in this section are available for defendants required to submit to mental health treatment under Article 17.032, 42A.104, or 42A.506, Code of Criminal Procedure.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 4.021, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.69, eff. January 1, 2017.|
TX Health & Safety Code § 534.0535 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability|Chapter 534 - Community Services|Subchapter B. Community-Based Mental Health Services|Section 534.0535. Joint Discharge Planning

Sec. 534.0535.  JOINT DISCHARGE PLANNING.  (a)  The executive commissioner shall adopt, and the department shall enforce, rules that require continuity of services and planning for patient care between department facilities and local mental health authorities.(b)  At a minimum, the rules must require joint discharge planning between a department facility and a local mental health authority before a facility discharges a patient or places the patient on an extended furlough with an intent to discharge.(c)  The local mental health authority shall plan with the department facility and determine the appropriate community services for the patient.(d)  The local mental health authority shall arrange for the provision of the services if department funds are to be used and may subcontract with or make a referral to a local agency or entity.|Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.30, eff. Aug. 30, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.|
TX Health & Safety Code § 534.054 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability|Chapter 534 - Community Services|Subchapter B. Community-Based Mental Health Services|Section 534.054. Designation of Provider

Sec. 534.054.  DESIGNATION OF PROVIDER.  (a)  The department shall identify and contract with a local mental health authority for each service area to ensure that services are provided to patient populations determined by the department.  A local mental health authority shall ensure that services to address the needs of priority populations are provided as required by the department and shall comply with the rules and standards adopted under Section 534.052.(c)  The department may contract with a local agency or a private provider or organization to act as a designated provider of a service if the department:(1)  cannot negotiate a contract with a local mental health authority to ensure that a specific required service for priority populations is available in that service area; or(2)  determines that a local mental health authority does not have the capacity to ensure the availability of that service.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.31, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 821, Sec. 12, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 869, Sec. 5, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.|
TX Health & Safety Code § 534.055 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability|Chapter 534 - Community Services|Subchapter B. Community-Based Mental Health Services|Section 534.055. Contracts for Certain Community Services

Sec. 534.055.  CONTRACTS FOR CERTAIN COMMUNITY SERVICES.  (a)   The executive commissioner shall design a competitive procurement or similar system that a mental health authority shall use in awarding an initial contract for the provision of services at the community level for persons with mental illness, including residential services, if the contract involves the use of state money or money for which the state has oversight responsibility.(b)  The system must require that each local mental health authority:(1)  ensure public participation in the authority's decisions regarding whether to provide or to contract for a service;(2)  make a reasonable effort to give notice of the intent to contract for services to each potential private provider in the local service area of the authority; and(3)  review each submitted proposal and award the contract to the applicant that the authority determines has made the lowest and best bid to provide the needed services.(c)  Each local mental health authority, in determining the lowest and best bid, shall consider any relevant information included in the authority's request for bid proposals, including:(1)  price;(2)  the ability of the bidder to perform the contract and to provide the required services;(3)  whether the bidder can perform the contract or provide the services within the period required, without delay or interference;(4)  the bidder's history of compliance with the laws relating to the bidder's business operations and the affected services and whether the bidder is currently in compliance;(5)  whether the bidder's financial resources are sufficient to perform the contract and to provide the services;(6)  whether necessary or desirable support and ancillary services are available to the bidder;(7)  the character, responsibility, integrity, reputation, and experience of the bidder;(8)  the quality of the facilities and equipment available to or proposed by the bidder;(9)  the ability of the bidder to provide continuity of services; and(10)  the ability of the bidder to meet all applicable written departmental policies, principles, and regulations.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.32, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 821, Sec. 13, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.|
TX Health & Safety Code § 534.056 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability|Chapter 534 - Community Services|Subchapter B. Community-Based Mental Health Services|Section 534.056. Coordination of Activities

Sec. 534.056.  COORDINATION OF ACTIVITIES.  A local mental health authority shall coordinate its activities with the activities of other appropriate agencies that provide care and treatment for persons with drug or alcohol problems.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.33, eff. Aug. 30, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.|
TX Health & Safety Code § 534.058 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability|Chapter 534 - Community Services|Subchapter B. Community-Based Mental Health Services|Section 534.058. Standards of Care

Sec. 534.058.  STANDARDS OF CARE.  (a)  The executive commissioner shall develop standards of care for the services provided by a local mental health authority and its subcontractors under this subchapter.(b)  The standards must be designed to ensure that the quality of the community-based mental health services is consistent with the quality of care available in department facilities.(c)  In conjunction with local mental health authorities, the executive commissioner shall review the standards biennially to determine if each standard is necessary to ensure the quality of care.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.34, eff. Aug. 30, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.|