reglab/statecodes huggingface dataset:
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties Relating to Provision of Mental Health Services › Section 533.034. Authority to Contract for Community-Based Services

Sec. 533.034.  AUTHORITY TO CONTRACT FOR COMMUNITY-BASED SERVICES.   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 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties Relating to Provision of Mental Health Services › Section 533.0345. State Agency Services Standards

Sec. 533.0345.  STATE AGENCY SERVICES STANDARDS.  (a)  The executive commissioner by rule shall develop model program standards for mental health services for use by each state agency that provides or pays for mental health services.  The department shall provide the model standards to each agency that provides mental health services as identified by the commission.
(b)  Model standards developed under Subsection (a) must be designed to improve the consistency of mental health services provided by or through a state agency.
(c)  Biennially the department shall review the model standards 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties Relating to Provision of Mental Health Services › Section 533.03521. Local Network Development Plan Creation and Approval

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 for approval.
(c)  On receipt of a local network development plan under this 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 (H.B. 2439), Sec. 4, eff. June 16, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties Relating to Provision of Mental Health Services › Section 533.0358. Local Mental Health Authority's Provision of Services as Provider of Last Resort

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 (H.B. 2439), Sec. 6, eff. June 16, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties Relating to Provision of Mental Health Services › Section 533.0359. Rulemaking for Local Mental Health Authorities

Sec. 533.0359.  RULEMAKING FOR LOCAL MENTAL HEALTH AUTHORITIES.  (a)  In developing rules governing local mental health authorities under Sections 533.035, 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 (H.B. 2439), Sec. 6, eff. June 16, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.05(b), eff. September 1, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties Relating to Provision of Mental Health Services › Section 533.037. Service Programs and Sheltered Workshops

Sec. 533.037.  SERVICE PROGRAMS AND SHELTERED WORKSHOPS.  (a)  The department may provide mental health services through halfway houses, sheltered workshops, community centers, and other mental health 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.
(c)  An operating fund may be established for each sheltered 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties Relating to Provision of Mental Health Services › Section 533.040. Services for Children and Youth

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 with a dual diagnosis of mental illness and an intellectual disability, 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.
(c)  The department shall designate an employee as a 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 Department of Assistive and Rehabilitative Services 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, the departments' 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties Relating to Provision of Mental Health Services › Section 533.0415. Memorandum of Understanding on Interagency Training

Sec. 533.0415.  MEMORANDUM OF UNDERSTANDING ON INTERAGENCY TRAINING.  (a)  The executive commissioner, the Texas Juvenile Justice Department, and the Texas Education Agency by rule shall adopt a joint memorandum of understanding to develop interagency training for the staffs of the department, the Texas Juvenile Justice Department, the Department of Family and Protective Services, and the Texas Education Agency who are involved in the functions of assessment, case planning, case management, and in-home or direct delivery of services to children, youth, and their families under this title.  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; and
(C)  monitor, evaluate, and revise the training program, including the development of additional curricula based on future training needs identified by staff and professionals.
(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.
(c)  The task force shall meet at the call of the department.
(d)  The commission shall act as the lead agency in coordinating the development and implementation of the memorandum.
(e)  The executive commissioner and 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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 13, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 15, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties Relating to Provision of Mental Health Services › Section 533.042. Evaluation of Elderly Residents

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 facility may not be able to meet the special needs of an elderly resident.
(c)  In evaluating an elderly resident under this section and to 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 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 authority.
(f)  A local mental health authority shall provide continuing care for an elderly resident placed in the authority's service area under this section.
(g)  The local mental health 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties Relating to Provision of Mental Health Services › Section 533.043. Proposals for Geriatric, Extended, and Transitional Care

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.
(c)  A proposal for extended care services may be designed to 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
(C)  safeguard the safety and well-being of each resident; and
(2)  sign a memorandum of agreement with the local mental health authority 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 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties Relating to Provision of Mental Health Services › Section 533.052. Contracting With Certain Mental Health Service Providers and Facilities to Provide Services and Beds for Certain Persons

Sec. 533.052.  CONTRACTING WITH CERTAIN MENTAL HEALTH SERVICE PROVIDERS AND FACILITIES TO PROVIDE SERVICES AND BEDS FOR CERTAIN PERSONS.  The department shall make every effort, through collaboration and contractual arrangements with local mental health authorities, to contract with and use a broad base of local community outpatient mental health service providers and inpatient mental health facilities, as appropriate, to make available a sufficient and appropriately located amount of outpatient mental health services and a sufficient and appropriately located number of beds in inpatient mental health facilities, as specified in the plan developed by the department under Section 533.051, to ensure the appropriate and timely provision of mental health services to the two groups of patients described by Section 533.051(a).
Added by Acts 2013, 83rd Leg., R.S., Ch. 1306 (H.B. 3793), Sec. 3, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties Relating to Provision of Mental Health Services › Section 533.053. Informing Courts of Commitment Options

Sec. 533.053.  INFORMING COURTS OF COMMITMENT OPTIONS.  The department shall develop and implement a procedure through which a court that has the authority to commit a person who is incompetent to stand trial or who has been acquitted by reason of insanity under Chapters 46B and 46C, Code of Criminal Procedure, is aware of all of the commitment options for the person, including jail diversion and community-based programs.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1306 (H.B. 3793), Sec. 3, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter D. Powers and Duties Relating to Department Facilities › Section 533.081. Development of Facility Budgets

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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter D. Powers and Duties Relating to Department Facilities › Section 533.082. Determination of Savings in Facilities

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 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.
(c)  The department shall allocate to community-based mental health programs any savings realized in operating department facilities for persons with mental illness.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter D. Powers and Duties Relating to Department Facilities › Section 533.083. Criteria for Expansion, Closure, or Consolidation of Facility

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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter D. Powers and Duties Relating to Department Facilities › Section 533.084. Management of Surplus Real Property

Sec. 533.084.  MANAGEMENT OF SURPLUS REAL PROPERTY.  (a)  To the extent provided by this subtitle, the department, in coordination with the executive commissioner, may lease, transfer, or otherwise dispose of any surplus real property related to the provision of services under this title, including any improvements under its management and control, or authorize the lease, transfer, or disposal of the property.  Surplus property is property the executive commissioner 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 may be appropriated only for improvements to the department's system of mental health facilities.
(c)  A lease proposal shall be advertised at least once a week 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 executive commissioner shall adopt forms, rules, and contracts that, in the executive commissioner's best judgment, will protect the state's interests.  The executive commissioner may reject any or all bids.
(d)  This section does not authorize the executive commissioner or department to close or consolidate a facility used to provide mental health services without first obtaining legislative approval.
(e)  Notwithstanding Subsection (c), the executive commissioner, in coordination with 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter D. Powers and Duties Relating to Department Facilities › Section 533.0844. Mental Health Community Services Account

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.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.80, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter D. Powers and Duties Relating to Department Facilities › Section 533.085. Facilities for Inmate and Parolee Care

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 the Texas Department of Criminal Justice or otherwise provide facilities for:
(1)  inmates with mental illness in the custody of the Texas Department of Criminal Justice; or
(2)  persons with mental illness paroled or released under the supervision of the Texas Department of Criminal Justice.
(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 (S.B. 1969), Sec. 25.107, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter D. Powers and Duties Relating to Department Facilities › Section 533.087. Lease of Real Property

Sec. 533.087.  LEASE OF REAL PROPERTY.  (a)  The department, in coordination with the executive commissioner, may lease real property related to the provision of services under this title, 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, in coordination with the executive commissioner, may award a lease of real property only:
(1)  at the prevailing market rate; and
(2)  by competitive bid.
(b)  The commission 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.
(c)  The department, in coordination with the executive commissioner, may lease real property related to the provision of services under this title or an improvement for less than the prevailing market rate, without advertisement or without competitive bidding, if:
(1)  the executive commissioner 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;
(C)  a not-for-profit organization; or
(D)  an entity related to the department by a service contract.
(d)  The executive commissioner shall adopt leasing rules, forms, and contracts that will protect the state's interests.
(e)  The executive commissioner may reject any bid.
(f)  This section does not authorize the executive commissioner or department to close or consolidate a facility used to provide mental health services without legislative approval.
(g)  Notwithstanding Subsections (a) and (b), the executive commissioner, in coordination with 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533 - Powers and Duties of Department of State Health Services › Subchapter E. Jail Diversion Program › Section 533.108. Prioritization of Funding for Diversion of Persons From Incarceration in Certain Counties

Sec. 533.108.  PRIORITIZATION OF FUNDING FOR DIVERSION OF PERSONS FROM INCARCERATION IN CERTAIN COUNTIES.  (a)  A local mental health 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 Correctional Office on Offenders with Medical or 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 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.
(c)  A local mental health authority may 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.001. Definitions

Sec. 533A.001.  DEFINITIONS.  In this chapter:
(1)  "Commissioner" means the commissioner of aging and disability services.
(2)  "Department" means the Department of Aging and Disability Services.
(3)  "Department facility" means a facility listed in Section 532A.001(b).
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.002. Commissioner's Powers and Duties; Effect of Conflict With Other Law

Text of section effective until April 01, 2025
Sec. 533A.002.  COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW.  To the extent a power or duty given to the commissioner by this title or another law conflicts with Section 531.0055, Government Code, Section 531.0055 controls.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.57, eff. April 1, 2025.
2023 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 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.002. Commissioner's Powers and Duties; Effect of Conflict With Other Law

Text of section effective on April 01, 2025
Sec. 533A.002.  COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW.  To the extent a power or duty given to the commissioner by this title or another law conflicts with any of the following provisions of the Government Code, the Government Code provision controls:
(1)  Subchapter A, Chapter 524;
(2)  Section 524.0101;
(3)  Sections 524.0151(a)(2) and (b);
(4)  Section 524.0202; and
(5)  Section 525.0254.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.57, eff. April 1, 2025.
2023 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 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.003. Use of Funds for Volunteer Programs in Local Authorities and Community Centers

Sec. 533A.003.  USE OF FUNDS FOR VOLUNTEER PROGRAMS IN LOCAL AUTHORITIES AND COMMUNITY CENTERS.  (a)  To develop or expand a volunteer intellectual disability program in a local intellectual and developmental disability authority or a community center, the department may allocate available funds appropriated for providing volunteer intellectual disability services.
(b)  The department shall develop formal policies that encourage the growth and development of volunteer intellectual disability services in local intellectual and developmental disability authorities and community centers.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.005. Easements

Sec. 533A.005.  EASEMENTS.  The department, in coordination with the executive commissioner, may grant a temporary or permanent easement or right-of-way on land held by the department that relates to services provided under this title.  The department, in coordination with the executive commissioner, must grant an easement or right-of-way on terms and conditions the executive commissioner considers to be in the state's best interest.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.006. Reporting of Allegations Against Physician

Sec. 533A.006.  REPORTING OF ALLEGATIONS AGAINST PHYSICIAN.  (a)  The executive commissioner shall submit a report to the Texas Medical Board not later than 30 days after the last day of a month during which any allegation is received by the commission that a physician employed by or under contract with the commission in relation to services provided under this title 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 Medical Board a printed and electronic copy of any report or finding relating to an investigation of an allegation reported to that board.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.31, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 15, eff. September 1, 2021.
2023 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 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.007. Use of Criminal History Record Information

Sec. 533A.007.  USE OF CRIMINAL HISTORY RECORD INFORMATION.  (a)  Subject to any applicable requirements of Chapter 250, the department, in relation to services provided under this title, or a local intellectual and developmental disability authority or 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 executive commissioner 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.0075. Exchange of Employment Records

Sec. 533A.0075.  EXCHANGE OF EMPLOYMENT RECORDS.  The department, in relation to services provided under this title, or a local intellectual and developmental disability authority or 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 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.008. Employment Opportunities for Individuals With Mental Illness or an Intellectual Disability

Sec. 533A.008.  EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY.  (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 or an intellectual disability 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.
(c)  Each department facility and community center shall annually 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 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 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 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.009. Exchange of Client Records

Sec. 533A.009.  EXCHANGE OF CLIENT RECORDS.  (a)  Department facilities, local intellectual and developmental disability authorities, community centers, other designated providers, and subcontractors of intellectual disability services are component parts of one service delivery system within which client records may be exchanged without the client's consent.
(b)  The executive commissioner shall adopt rules to carry out the purposes of this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.