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 534 - Community Services › Subchapter A. Community Centers › Section 534.0001. Definitions

Sec. 534.0001.  DEFINITIONS.  In this subchapter:
(1)  "Commissioner" means:
(A)  the commissioner of state health services in relation to:
(i)  a community mental health center; or
(ii)  the mental health services component of a community mental health and intellectual disability center; and
(B)  the commissioner of aging and disability services in relation to:
(i)  a community intellectual disability center; or
(ii)  the intellectual disability services component of a community mental health and intellectual disability center.
(2)  "Department" means:
(A)  the Department of State Health Services in relation to:
(i)  a community mental health center; or
(ii)  the mental health services component of a community mental health and intellectual disability center; and
(B)  the Department of Aging and Disability Services in relation to:
(i)  a community intellectual disability center; or
(ii)  the intellectual disability services component of a community mental health and intellectual disability center.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.0015. Purpose and Policy

Sec. 534.0015.  PURPOSE AND POLICY.  (a)  A community center created under this subchapter is intended to be a vital component in a continuum of services for persons in this state with mental illness or an intellectual disability.
(b)  It is the policy of this state that community centers strive to develop services for persons with mental illness or an intellectual disability, and may provide requested services to persons with developmental disabilities or with chemical dependencies, that are effective alternatives to treatment in a large residential facility.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.08, eff. Aug. 30, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1292 (H.B. 2303), Sec. 3, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.002. Board of Trustees for Center Established by One Local Agency

Sec. 534.002.  BOARD OF TRUSTEES FOR CENTER ESTABLISHED BY ONE LOCAL AGENCY.  (a)  The board of trustees of a community center established by one local agency is composed of:
(1)  the members of the local agency's governing body;
(2)  not fewer than five or more than nine qualified voters who reside in the region to be served by the center and who are appointed by the local agency's governing body; and
(3)  a sheriff or a representative of a sheriff of a county in the region served by the community center who is appointed by the local agency's governing body to serve as an ex officio nonvoting member.
(b)  If a qualified voter appointed to a community center under Subsection (a)(2) is the sheriff of the only county in the region served by a community center, Subsection (a)(3) does not apply.
(c)  If a qualified voter appointed to a community center under Subsection (a)(2) is a sheriff of a county in the region served by a community center and the region served by the community center consists of more than one county, under Subsection (a)(3) the local agency's governing body shall appoint a sheriff or a representative of a sheriff from a different county in the region served by the community center.
(d)  Subsection (a)(3) does not prevent a sheriff or representative of a sheriff from being included on the board of trustees of a community center as a voting member of the board.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.09, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 962 (S.B. 632), Sec. 3, eff. September 1, 2019.
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 534 - Community Services › Subchapter A. Community Centers › Section 534.003. Board of Trustees for Center Established by at Least Two Local Agencies

Sec. 534.003.  BOARD OF TRUSTEES FOR CENTER ESTABLISHED BY AT LEAST TWO LOCAL AGENCIES.  (a)  Except as provided by Subsection (a-1), the board of trustees of a community center established by an organizational combination of local agencies is composed of not fewer than five or more than 13 members.
(a-1)  In addition to the members described by Subsection (a), the board of trustees of a community center must include:
(1)  if the region served by the community center consists of only one county, the sheriff of that county or a representative of the sheriff to serve as an ex officio nonvoting member; or
(2)  if the region served by the community center consists of more than one county, sheriffs from at least two of the counties in the region served by the community center or representatives of the sheriffs to serve as ex officio nonvoting members.
(a-2)  Subsection (a-1) does not prevent a sheriff or representative of a sheriff from being included on the board of trustees of a community center as a voting member of the board.
(b)  The governing bodies of the local agencies shall appoint the board members either from among the membership of the governing bodies or from among the qualified voters who reside in the region to be served by the center.
(c)  When the center is established, the governing bodies shall enter into a contract that stipulates the number of board members and the group from which the members are chosen.  They may renegotiate or amend the contract as necessary to change the:
(1)  method of choosing the members; or
(2)  membership of the board of trustees to more accurately reflect the ethnic and geographic diversity of the local service area.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.10, eff. Aug. 30, 1993;  Acts 2003, 78th Leg., ch. 198, Sec. 2.200, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 962 (S.B. 632), Sec. 4, eff. September 1, 2019.
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 534 - Community Services › Subchapter A. Community Centers › Section 534.004. Procedures Relating to Board of Trustees Membership

Sec. 534.004.  PROCEDURES RELATING TO BOARD OF TRUSTEES MEMBERSHIP.  (a)  The local agency or organizational combination of local agencies that establishes a community center shall prescribe:
(1)  the application procedure for a position on the board of trustees;
(2)  the procedure and criteria for making appointments to the board of trustees;
(3)  the procedure for posting notice of and filling a vacancy on the board of trustees; and
(4)  the grounds and procedure for removing a member of the board of trustees.
(b)  The local agency or organizational combination of local agencies that appoints the board of trustees shall, in appointing the members, attempt to reflect the ethnic and geographic diversity of the local service area the community center serves.  The local agency or organizational combination shall include on the board of trustees one or more persons otherwise qualified under this chapter who are consumers of the types of services the center provides or who are family members of consumers of the types of services the center provides.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.11, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 1187, Sec. 12, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.005. Terms; Vacancies

Sec. 534.005.  TERMS; VACANCIES.  (a)  Appointed members of the board of trustees who are not members of a local agency's governing body serve staggered two-year terms.  In appointing the initial members, the appointing authority shall designate not less than one-third or more than one-half of the members to serve one-year terms and shall designate the remaining members to serve two-year terms.
(b)  A vacancy on a board of trustees composed of qualified voters is filled by appointment for the remainder of the unexpired term.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.12, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 1187, Sec. 13, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.006. Training

Sec. 534.006.  TRAINING.  (a)  The executive commissioner by rule shall establish:
(1)  an annual training program for members of a board of trustees administered by the professional staff of that community center, including the center's legal counsel; and
(2)  an advisory committee to develop training guidelines that includes representatives of advocates for persons with mental illness or an intellectual disability and representatives of boards of trustees.
(b)  Before a member of a board of trustees may assume office, the member shall attend at least one training session administered by that center's professional staff to receive information relating to:
(1)  the enabling legislation that created the community center;
(2)  the programs the community center operates;
(3)  the community center's budget for that program year;
(4)  the results of the most recent formal audit of the community center;
(5)  the requirements of Chapter 551, Government Code, and Chapter 552, Government Code;
(6)  the requirements of conflict of interest laws and other laws relating to public officials; and
(7)  any ethics policies adopted by the community center.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.13, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82), (88), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.007. Prohibited Activities by Former Officers or Employees; Offense

Sec. 534.007.  PROHIBITED ACTIVITIES BY FORMER OFFICERS OR EMPLOYEES; OFFENSE.  (a)  A former officer or employee of a community center who ceases service or employment with the center may not represent any person or receive compensation for services rendered on behalf of any person regarding a particular matter in which the former officer or employee participated during the period of employment, either through personal involvement or because the case or proceeding was a matter within the officer's or employee's official responsibility.
(b)  This section does not apply to:
(1)  a former employee who is compensated on the last date of service or employment below the amount prescribed by the General Appropriations Act for salary group 17, Schedule A, or salary group 9, Schedule B, of the position classification salary schedule; or
(2)  a former officer or employee who is employed by a state agency or another community center.
(c)  Subsection (a) does not apply to a proceeding related to policy development that was concluded before the officer's or employee's service or employment ceased.
(d)  A former officer or employee of a community center commits an offense if the former officer or employee violates this section.  An offense under this section is a Class A misdemeanor.
(e)  In this section:
(1)  "Participated" means to have taken action as an officer or employee through decision, approval, disapproval, recommendation, giving advice, investigation, or similar action.
(2)  "Particular matter" means a specific investigation, application, request for a ruling or determination, proceeding related to the development of policy, contract, claim, charge, accusation, arrest, or judicial or other proceeding.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 1187, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.008. Administration by Board

Sec. 534.008.  ADMINISTRATION BY BOARD.  (a)  The board of trustees is responsible for the effective administration of the community center.
(b)  The board of trustees shall make policies that are consistent with the applicable rules and standards of each appropriate department.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.14, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.009. Meetings

Sec. 534.009.  MEETINGS.  (a)  The board of trustees shall adopt rules for the holding of regular and special meetings.
(b)  Board meetings are open to the public to the extent required by and in accordance with Chapter 551, Government Code.
(c)  The board of trustees shall keep a record of its proceedings in accordance with Chapter 551, Government Code.  The record is open for public inspection in accordance with that law.
(d)  The board of trustees shall send to each appropriate department and each local agency that appoints the members a copy of the approved minutes of board of trustees meetings by:
(1)  mailing a copy appropriately addressed and with the necessary postage paid using the United States Postal Service; or
(2)  another method agreed to by the board of trustees and the local agency.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.15, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(84), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.010. Executive Director

Sec. 534.010.  EXECUTIVE DIRECTOR.  (a)  The board of trustees shall appoint an executive director for the community center.
(b)  The board of trustees shall:
(1)  adopt a written policy governing the powers that may be delegated to the executive director; and
(2)  annually report to each local agency that appoints the members the executive director's total compensation and benefits.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.16, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.011. Personnel

Sec. 534.011.  PERSONNEL.  (a)  The executive director, in accordance with the policies of the board of trustees, shall employ and train personnel to administer the community center's programs and services.  The community center may recruit those personnel and contract for recruiting and training purposes.
(b)  The board of trustees shall provide employees of the community center with appropriate rights, privileges, and benefits.
(c)  The board of trustees may provide workers' compensation benefits.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.17, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.0115. Nepotism

Sec. 534.0115.  NEPOTISM.  (a)  The board of trustees or executive director may not hire as a paid officer or employee of the community center a person who is related to a member of the board of trustees by affinity within the second degree or by consanguinity within the third degree.
(b)  An officer or employee who is related to a member of the board of trustees in a prohibited manner may continue to be employed if the person began the employment not later than the 31st day before the date on which the member was appointed.
(c)  The officer or employee or the member of the board of trustees shall resign if the officer or employee began the employment later than the 31st day before the date on which the member was appointed.
(d)  If an officer or employee is permitted to remain in employment under Subsection (b), the related member of the board of trustees may not participate in the deliberation of or voting on an issue that is specifically applicable to the officer or employee unless the issue affects an entire class or category of employees.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.18, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.012. Advisory Committees

Sec. 534.012.  ADVISORY COMMITTEES.  (a)  The board of trustees may appoint committees, including medical committees, to advise the board of trustees on matters relating to mental health and intellectual disability services.
(b)  Each committee must be composed of at least three members.
(c)  The appointment of a committee does not relieve the board of trustees of the final responsibility and accountability as provided by this subtitle.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.19, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.013. Cooperation of Departments

Sec. 534.013.  COOPERATION OF DEPARTMENTS.  Each appropriate department shall provide assistance, advice, and consultation to local agencies, boards of trustees, and executive directors in the planning, development, and operation of a community center.
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. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.014. Budget; Request for Funds

Sec. 534.014.  BUDGET; REQUEST FOR FUNDS.  (a)  Each community center shall annually provide to each local agency that appoints members to the board of trustees a copy of the center's:
(1)  approved fiscal year operating budget;
(2)  most recent annual financial audit; and
(3)  staff salaries by position.
(b)  The board of trustees shall annually submit to each local agency that appoints the members a request for funds or in-kind assistance to support the center.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.20, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.015. Provision of Services

Sec. 534.015.  PROVISION OF SERVICES.  (a)  The board of trustees may adopt rules to regulate the administration of mental health or intellectual disability services by a community center.  The rules must be consistent with the purposes, policies, principles, and standards prescribed by this subtitle.
(b)  The board of trustees may contract with a local agency or a qualified person or organization to provide a portion of the mental health or intellectual disability services.
(c)  With the approval of each appropriate commissioner, the board of trustees may contract with the governing body of another county or municipality to provide mental health and intellectual disability services to residents of that county or municipality.
(d)  A community center may provide services to a person who voluntarily seeks assistance or who has been committed to that center.
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. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.0155. For Whom Services May Be Provided

Sec. 534.0155.  FOR WHOM SERVICES MAY BE PROVIDED.  (a)  This subtitle does not prevent a community center from providing services to:
(1)  a person with a chemical dependency;
(2)  a person with a developmental disability; or
(3)  a person younger than four years of age who is eligible for early childhood intervention services.
(b)  A community center may provide those services by contracting with a public or private agency in addition to the appropriate department.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.21, eff. Aug. 30, 1993.  Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 7(a), eff. Aug. 30, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1292 (H.B. 2303), Sec. 4, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.016. Screening and Continuing Care Services

Sec. 534.016.  SCREENING AND CONTINUING CARE SERVICES.  (a)  A community center shall provide screening services for:
(1)  a person who requests voluntary admission to a Department of State Health Services facility for persons with mental illness; and
(2)  a person for whom proceedings for involuntary commitment to a Department of State Health Services or Department of Aging and Disability Services facility for persons with mental illness or an intellectual disability have been initiated.
(b)  A community center shall provide continuing mental health and physical care services for a person referred to the center by a Department of State Health Services facility and for whom the facility superintendent has recommended a continuing care plan.
(c)  Services provided under this section must be consistent with the applicable rules and standards of each appropriate department.
(d)  The appropriate commissioner may designate a facility other than the community center to provide the screening or continuing care services if:
(1)  local conditions indicate that the other facility can provide the services more economically and effectively; or
(2)  the commissioner determines that local conditions may impose an undue burden on the community center.
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. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.017. Fees for Services

Sec. 534.017.  FEES FOR SERVICES.  (a)  A community center shall charge reasonable fees for services the center provides, unless prohibited by other service contracts or law.
(b)  The community center may not deny services to a person because of inability to pay for the services.
(c)  The community center has the same rights, privileges, and powers for collecting fees for treating patients or clients that each appropriate department has by law.
(d)  The county or district attorney of the county in which the community center is located shall represent the center in collecting fees when the center's executive director requests the assistance.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.22, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.0175. Trust Exemption

Sec. 534.0175.  TRUST EXEMPTION.  (a)  If a patient or client is the beneficiary of a trust that has an aggregate principal of $250,000 or less, the corpus or income of the trust is not considered to be the property of the patient or client or the patient's or client's estate and is not liable for the patient's or client's support.  If the aggregate principal of the trust exceeds $250,000, only the portion of the corpus of the trust that exceeds that amount and the income attributable to that portion are considered to be the property of the patient or client or the patient's or client's estate and are liable for the patient's or client's support.
(b)  To qualify for the exemption provided by Subsection (a), the trust and the trustee must comply with the requirements prescribed by Sections 552.018 and 593.081.
Added by Acts 1993, 73rd Leg., ch. 166, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1020, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.018. Gifts and Grants

Sec. 534.018.  GIFTS AND GRANTS.  A community center may accept gifts and grants of money, personal property, and real property to use in providing the center's programs and services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.23, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.019. Contribution by Local Agency

Sec. 534.019.  CONTRIBUTION BY LOCAL AGENCY.  A participating local agency may contribute land, buildings, facilities, other real and personal property, personnel, and funds to administer the community center's programs and services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.23, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.020. Acquisition and Construction of Property and Facilities by Community Center

Sec. 534.020.  ACQUISITION AND CONSTRUCTION OF PROPERTY AND FACILITIES BY COMMUNITY CENTER.  (a)  A community center may purchase or lease-purchase real and personal property and may construct buildings and facilities.
(b)  The board of trustees shall require that an appraiser certified by the Texas Appraiser Licensing and Certification Board conduct an independent appraisal of real estate the community center intends to purchase.  The board of trustees may waive this requirement if the purchase price is less than the value listed for the property by the local appraisal district and the property has been appraised by the local appraisal district within the preceding two years.  A community center may not purchase or lease-purchase property for an amount that is greater than the property's appraised value unless:
(1)  the purchase or lease-purchase of that property at that price is necessary;
(2)  the board of trustees documents in the official minutes the reasons why the purchase or lease-purchase is necessary at that price; and
(3)  a majority of the board approves the transaction.
(c)  The board of trustees shall establish in accordance with relevant rules of each appropriate department competitive bidding procedures and practices for capital purchases and for purchases involving department funds or 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. 6.23, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 646, Sec. 8, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.021. Approval and Notification Requirements

Sec. 534.021.  APPROVAL AND NOTIFICATION REQUIREMENTS.  (a)  A community center must receive from each appropriate department prior written approval to acquire real property, including a building, if the acquisition involves the use of funds of that department or local funds required to match funds of that department.  In addition, for acquisition of nonresidential property, the community center must notify each local agency that appoints members to the board of trustees not later than the 31st day before it enters into a binding obligation to acquire the property.
(b)  A community center must notify each appropriate department and each local agency that appoints members to the board of trustees not later than the 31st day before it enters into a binding obligation to acquire real property, including a building, if the acquisition does not involve the use of funds of that department or local funds required to match funds of that department.  Each appropriate commissioner, on request, may waive the 30-day requirement on a case-by-case basis.
(c)  The executive commissioner shall adopt rules relating to the approval and notification process.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 9(a), eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.023. Sale of Real Property Acquired Solely Through Private Gift or Grant

Sec. 534.023.  SALE OF REAL PROPERTY ACQUIRED SOLELY THROUGH PRIVATE GIFT OR GRANT.  (a)  Except as provided by Subsection (d), a community center may sell center real property, including a building, without the approval of each appropriate department or any local agency that appoints members to the board of trustees, only if the real property was acquired solely through a gift or grant of money or real property from a private entity, including an individual.
(b)  A community center that acquires real property by gift or grant shall, on the date the center acquires the gift or grant, notify the private entity providing the gift or grant that:
(1)  the center may subsequently sell the real property; and
(2)  the sale is subject to the provisions of this section.
(c)  Except as provided by Subsection (d), real property sold under Subsection (a) must be sold for the property's fair market value.
(d)  Real property sold under Subsection (a) may be sold for less than fair market value only if the board of trustees adopts a resolution stating:
(1)  the public purpose that will be achieved by the sale; and
(2)  the conditions and circumstances for the sale, including conditions to accomplish and maintain the public purpose.
(e)  A community center must notify each appropriate department and each local agency that appoints members to the board of trustees not later than the 31st day before the date the center enters into a binding obligation to sell real property under this section.  Each appropriate commissioner, on request, may waive the 30-day notice requirement on a case-by-case basis.
(f)  The executive commissioner shall adopt rules relating to the notification process.
(g)  A community center may use proceeds received from a sale of real property under this section only for a purpose authorized by this subchapter or for a public purpose authorized for a community center by state or federal law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 231 (H.B. 243), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.031. Surplus Personal Property

Sec. 534.031.  SURPLUS PERSONAL PROPERTY.  The executive commissioner, in coordination with the appropriate department, may transfer, with or without reimbursement, ownership and possession of surplus personal property under that department's control or jurisdiction to a community center for use in providing mental health or intellectual disability services, as appropriate.
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. 3.1336, 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 534 - Community Services › Subchapter A. Community Centers › Section 534.032. Research

Sec. 534.032.  RESEARCH.  A community center may engage in research and may contract for that purpose.
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. 3.1336, 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 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.
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 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.
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 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.
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 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.
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 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.
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 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.