reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter C. Powers and Duties Relating to Patient or Client Care › Section 551.041. Medical and Dental Treatment

Sec. 551.041.  MEDICAL AND DENTAL TREATMENT.  (a)  Each department shall provide or perform recognized medical and dental treatment or services to a person admitted or committed to that department's care.  Each department may perform this duty through an authorized agent.
(b)  Each department may contract for the support, maintenance, care, or medical or dental treatment or service with a municipal, county, or state hospital, a private physician, a licensed nursing facility or hospital, or a hospital district.  The authority to contract provided by this subsection is in addition to other contractual authority granted to the department.  A contract entered into under this subsection may not assign a lien accruing to this state.
(c)  If a department requests consent to perform medical or dental treatment or services from a person or the guardian of the person whose consent is considered necessary and a reply is not obtained immediately, or if there is no guardian or responsible relative of the person to whom a request can be made, the superintendent or director of a department facility shall order:
(1)  medical treatment or services for the person on the advice and consent of three primary care providers, at least two of whom are physicians licensed by the Texas Medical Board; or
(2)  dental treatment or services for the person on the advice and consent of two dentists licensed by the State Board of Dental Examiners and of one physician licensed by the Texas Medical Board.
(d)  This section does not authorize the performance of an operation involving sexual sterilization or a frontal lobotomy.
(e)  For purposes of this section, "primary care provider" means a health care professional who provides health care services to a defined population of residents.  The term includes a physician licensed by the Texas Medical Board, an advanced practice registered nurse licensed by the Texas Board of Nursing, and a physician assistant licensed by the Texas Physician Assistant Board.
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. 3.1337, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 437 (S.B. 1565), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter C. Powers and Duties Relating to Patient or Client Care › Section 551.042. Outpatient Clinics

Sec. 551.042.  OUTPATIENT CLINICS.  (a)  If funds are available, the Department of State Health Services may establish in locations the department considers necessary outpatient clinics to treat persons with mental illness.
(b)  As necessary to establish and operate the clinics:
(1)  the department may:
(A)  acquire facilities;
(B)  hire personnel; and
(C)  contract with persons, corporations, and local, state, and federal agencies; and
(2)  the executive commissioner may adopt rules.
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. 3.1337, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter C. Powers and Duties Relating to Patient or Client Care › Section 551.044. Occupational Therapy Programs

Sec. 551.044.  OCCUPATIONAL THERAPY PROGRAMS.  (a)  Each department may provide equipment, materials, and merchandise for occupational therapy programs at department facilities.
(b)  The superintendent or director of a department facility may, in accordance with rules of that department, contract for the provision of equipment, materials, and merchandise for occupational therapy programs.  If the contractor retains the finished or semi-finished product, the contract shall provide for a fair and reasonable rental payment to the applicable department by the contractor for the use of facility premises or equipment.  The rental payment is determined by the amount of time the facility premises or equipment is used in making the products.
(c)  The finished products made in an occupational therapy program may be sold and the proceeds placed in the patients' or clients' benefit fund, the patients' or clients' trust fund, or a revolving fund for use by the patients or clients.  A patient or client may keep the finished product if the patient or client purchases the material for the product from the state.
(d)  Each department may accept donations of money or materials for use in occupational therapy programs and may use a donation in the manner requested by the donor if not contrary to the policy of that department.
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. 3.1337, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter A. General Provisions › Section 552.001. Hospital Districts

Sec. 552.001.  HOSPITAL DISTRICTS.  (a)  The department shall divide the state into hospital districts.
(b)  The department may change the districts.
(c)  The department shall designate the state hospitals to which persons with mental illness from each district shall be admitted.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter A. General Provisions › Section 552.0011. Definitions

Sec. 552.0011.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(104), eff. April 2, 2015.
(2)  "Department" means the Department of State Health Services.
(3)  "Direct care employee" means a state hospital employee who provides direct delivery of services to a patient.
(4)  "Direct supervision" means supervision of the employee by the employee's supervisor with the supervisor physically present and providing the employee with direction and assistance while the employee performs his or her duties.
(5)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(104), eff. April 2, 2015.
(6)  "Inspector general" means the Health and Human Services Commission's office of inspector general.
(7)  "Patient" means an individual who is receiving voluntary or involuntary mental health services at a state hospital.
(8)  "State hospital" means a hospital operated by the department primarily to provide inpatient care and treatment for persons with mental illness.
Added by Acts 2013, 83rd Leg., R.S., Ch. 395 (S.B. 152), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(104), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter A. General Provisions › Section 552.002. Carrying of Handgun by License Holder in State Hospital

Sec. 552.002.  CARRYING OF HANDGUN BY LICENSE HOLDER IN STATE HOSPITAL.  (a)  In this section:
(1)  "License holder" has the meaning assigned by Section 46.03, Penal Code.
(2)  "State hospital" means the following facilities:
(A)  the Austin State Hospital;
(B)  the Big Spring State Hospital;
(C)  the El Paso Psychiatric Center;
(D)  the Kerrville State Hospital;
(E)  the North Texas State Hospital;
(F)  the Rio Grande State Center;
(G)  the Rusk State Hospital;
(H)  the San Antonio State Hospital;
(I)  the Terrell State Hospital; and
(J)  the Waco Center for Youth.
(3)  "Written notice" means a sign that is posted on property and that:
(A)  includes in both English and Spanish written language identical to the following: "Pursuant to Section 552.002, Health and Safety Code (carrying of handgun by license holder in state hospital), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun";
(B)  appears in contrasting colors with block letters at least one inch in height; and
(C)  is displayed in a conspicuous manner clearly visible to the public at each entrance to the property.
(b)  A state hospital may prohibit a license holder from carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code, on the property of the hospital by providing written notice.
(c)  A license holder who carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on the property of a state hospital at which written notice is provided is liable for a civil penalty in the amount of:
(1)  $100 for the first violation; or
(2)  $500 for the second or subsequent violation.
(d)  The attorney general or an appropriate prosecuting attorney may sue to collect a civil penalty under this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 7, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 12, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter B. Indigent and Nonindigent Patients › Section 552.012. Classification and Definition of Patients

Sec. 552.012.  CLASSIFICATION AND DEFINITION OF PATIENTS.  (a)  A patient is classified as either indigent or nonindigent.
(b)  An indigent patient is a patient who:
(1)  possesses no property;
(2)  has no person legally responsible for the patient's support;  and
(3)  is unable to reimburse the state for the costs of the patient's support, maintenance, and treatment.
(c)  A nonindigent patient is a patient who:
(1)  possesses property from which the state may be reimbursed for the costs of the patient's support, maintenance, and treatment;  or
(2)  has a person legally responsible for the patient's support.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter B. Indigent and Nonindigent Patients › Section 552.013. Support of Indigent and Nonindigent Patients

Sec. 552.013.  SUPPORT OF INDIGENT AND NONINDIGENT PATIENTS.  (a)  A person may not be denied services under this subtitle because of an inability to pay for the services.
(b)  The state shall support, maintain, and treat indigent and nonindigent patients at the expense of the state.
(c)  The state is entitled to reimbursement for the support, maintenance, and treatment of a nonindigent patient.
(d)  A patient who does not own a sufficient estate shall be maintained at the expense:
(1)  of the patient's spouse, if able to do so;  or
(2)  if the patient is younger than 18 years of age, of the patient's father or mother, if able to do so.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter B. Indigent and Nonindigent Patients › Section 552.014. Child Support Payments for Benefit of Patient

Sec. 552.014.  CHILD SUPPORT PAYMENTS FOR BENEFIT OF PATIENT.  (a)  Child support payments for the benefit of a patient paid or owed by a parent under court order are considered the property and estate of the patient, and the state may be reimbursed for the costs of a patient's support, maintenance, and treatment from those amounts.
(b)  The state shall credit the amount of child support a parent actually pays for a patient against charges for which the parent is liable, based on ability to pay.
(c)  A parent who receives child support payments for a patient is liable for the charges based on the amount of child support payments actually received in addition to the liability of that parent based on ability to pay.
(d)  The department may file a motion to modify a court order that establishes a child support obligation for a patient to require payment of the child support directly to the state hospital or facility in which the patient resides for the patient's support, maintenance, and treatment if:
(1)  the patient's parent fails to pay child support as required by the order;  or
(2)  the patient's parent who receives child support fails to pay charges based on the amount of child support payments received.
(e)  In addition to modification of an order under Subsection (d), the court may order all past due child support for the benefit of a patient paid directly to the patient's state hospital or facility to the extent that the state is entitled to reimbursement of the patient's charges from the child support obligation.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter B. Indigent and Nonindigent Patients › Section 552.015. Investigation to Determine Means of Support

Sec. 552.015.  INVESTIGATION TO DETERMINE MEANS OF SUPPORT.  (a)  The department may demand and conduct an investigation in a county court to determine whether a patient possesses or is entitled to property or whether a person other than the patient is liable for the payment of the costs of the patient's support, maintenance, and treatment.
(b)  The department may have citation issued and witnesses summoned to be heard on the investigation.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter B. Indigent and Nonindigent Patients › Section 552.016. Fees

Sec. 552.016.  FEES.  (a)  Except as provided by this section, the department may not charge a fee that exceeds the cost to the state to support, maintain, and treat a patient.
(b)  The executive commissioner may use the projected cost of providing inpatient services to establish by rule the maximum fee that may be charged to a payer.
(c)  The executive commissioner by rule may establish the maximum fee according to one or a combination of the following:
(1)  a statewide per capita;
(2)  an individual facility per capita; or
(3)  the type of service provided.
(d)  Notwithstanding Subsection (b), the executive commissioner by rule may establish a fee in excess of the department's projected cost of providing inpatient services that may be charged to a payer:
(1)  who is not an individual; and
(2)  whose method of determining the rate of reimbursement to a provider results in the excess.
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. 3.1338, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter B. Indigent and Nonindigent Patients › Section 552.017. Sliding Fee Schedule

Sec. 552.017.  SLIDING FEE SCHEDULE.  (a)  The executive commissioner by rule shall establish a sliding fee schedule for the payment by the patient's parents of the state's total costs for the support, maintenance, and treatment of a patient younger than 18 years of age.
(b)  The executive commissioner shall set the fee according to the parents' net taxable income and ability to pay.
(c)  The parents may elect to have their net taxable income determined by their current financial statement or most recent federal income tax return.
(d)  In determining the portion of the costs of the patient's support, maintenance, and treatment that the parents are required to pay, the department, in accordance with rules adopted by the executive commissioner, shall adjust, when appropriate, the payment required under the fee schedule to allow for consideration of other factors affecting the ability of the parents to pay.
(e)  The executive commissioner shall evaluate and, if necessary, revise the fee schedule at least once every five years.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 278, Sec. 1, eff. June 5, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1339, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter B. Indigent and Nonindigent Patients › Section 552.018. Trust Principals

Sec. 552.018.  TRUST PRINCIPALS.  (a)  If a patient 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 the patient's estate and is not liable for the patient'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 the patient's estate and are liable for the patient's support.
(b)  To qualify for the exemption provided by Subsection (a), the trust must be created by a written instrument, and a copy of the trust instrument must be provided to the department.
(c)  A trustee of the trust shall, on the department's request, provide to the department a financial statement that shows the value of the trust estate.
(d)  The department may petition a district court to order the trustee to provide a financial statement if the trustee does not provide the statement before the 31st day after the date on which the department makes the request.  The court shall hold a hearing on the department's petition not later than the 45th day after the date on which the petition is filed.  The court shall order the trustee to provide to the department a financial statement if the court finds that the trustee has failed to provide the statement.
(e)  For the purposes of this section, the following are not considered to be trusts and are not entitled to the exemption provided by this section:
(1)  a guardianship administered under the Estates Code;
(2)  a trust established under Chapter 142, Property Code;
(3)  a facility custodial account established under Section 551.003;
(4)  the provisions of a divorce decree or other court order relating to child support obligations;
(5)  an administration of a decedent's estate; or
(6)  an arrangement in which funds are held in the registry or by the clerk of a court.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 1020, Sec. 2, eff. June 15, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1340, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter B. Indigent and Nonindigent Patients › Section 552.019. Filing of Claims

Sec. 552.019.  FILING OF CLAIMS.
(a)  A county or district attorney shall, on the written request of the department, represent the state in filing a claim in probate court or a petition in a court of competent jurisdiction  to require the person responsible for a patient to appear in court and show cause why the state should not have judgment against the person for the costs of the patient's support, maintenance, and treatment.
(b)  On a sufficient showing, the court may enter judgment against  the person responsible for the patient for the costs of the patient's support, maintenance, and treatment.
(c)  Sufficient evidence to authorize the court to enter judgment is  a verified account, sworn to by the superintendent of the hospital in which the patient is being treated, or has been treated, as to the amount due.
(d)  The judgment may be enforced as in other cases.
(e)  The county or district attorney representing the state is entitled to a commission of 10 percent of the amount collected.
(f)  The attorney general shall represent the state if the county and district attorney refuse or are unable to act on the department's request.
(g)  In this section, "person responsible for a patient" means the guardian of a patient, a person liable for the support of the patient, or both.
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. 3.1341, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter B. Indigent and Nonindigent Patients › Section 552.020. Application

Sec. 552.020.  APPLICATION.  Except as provided by Subchapter C, Chapter 73, Education Code, this subchapter does not apply to The University of Texas M. D. Anderson Cancer Center.
Added by Acts 1995, 74th Leg., ch. 3, Sec. 4, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter C. Powers and Duties of Department Relating to State › Section 552.051. Reports of Illegal Drug Use; Policy

Sec. 552.051.  REPORTS OF ILLEGAL DRUG USE; POLICY.  The executive commissioner shall adopt a policy requiring a state hospital employee who knows or reasonably suspects that another state hospital employee is illegally using or under the influence of a controlled substance, as defined by Section 481.002, to report that knowledge or reasonable suspicion to the superintendent of the state hospital.
Added by Acts 2013, 83rd Leg., R.S., Ch. 395 (S.B. 152), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter C. Powers and Duties of Department Relating to State › Section 552.053. Information Management, Reporting, and Tracking System

Sec. 552.053.  INFORMATION MANAGEMENT, REPORTING, AND TRACKING SYSTEM.  The department shall develop an information management, reporting, and tracking system for each state hospital to provide the department with information necessary to monitor serious allegations of abuse, neglect, or exploitation.
Added by Acts 2013, 83rd Leg., R.S., Ch. 395 (S.B. 152), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter C. Powers and Duties of Department Relating to State › Section 552.054. Risk Assessment Protocols

Sec. 552.054.  RISK ASSESSMENT PROTOCOLS.  The department shall develop risk assessment protocols for state hospital employees for use in identifying and assessing possible instances of abuse or neglect.
Added by Acts 2013, 83rd Leg., R.S., Ch. 395 (S.B. 152), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter D. Inspector General Duties › Section 552.101. Assisting Law Enforcement Agencies With Certain Investigations

Text of section effective until January 01, 2025
Sec. 552.101.  ASSISTING LAW ENFORCEMENT AGENCIES WITH CERTAIN INVESTIGATIONS.  The inspector general shall employ and commission peace officers for the purpose of assisting a state or local law enforcement agency in the investigation of an alleged criminal offense involving a patient of a state hospital.  A peace officer employed and commissioned by the inspector general is a peace officer for purposes of Article 2.12, Code of Criminal Procedure.
Added by Acts 2013, 83rd Leg., R.S., Ch. 395 (S.B. 152), Sec. 3, eff. June 14, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.124, eff. January 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter D. Inspector General Duties › Section 552.101. Assisting Law Enforcement Agencies With Certain Investigations

Text of section effective on January 01, 2025
Sec. 552.101.  ASSISTING LAW ENFORCEMENT AGENCIES WITH CERTAIN INVESTIGATIONS.  The inspector general shall employ and commission peace officers for the purpose of assisting a state or local law enforcement agency in the investigation of an alleged criminal offense involving a patient of a state hospital.  A peace officer employed and commissioned by the inspector general is a peace officer for purposes of Article 2A.001, Code of Criminal Procedure.
Added by Acts 2013, 83rd Leg., R.S., Ch. 395 (S.B. 152), Sec. 3, eff. June 14, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.124, eff. January 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter D. Inspector General Duties › Section 552.102. Summary Report

Sec. 552.102.  SUMMARY REPORT.  (a)  The inspector general shall prepare a summary report for each investigation conducted with the assistance of the inspector general under this subchapter.  The inspector general shall ensure that the report does not contain personally identifiable information of an individual mentioned in the report.
(b)  The summary report must include:
(1)  a summary of the activities performed during an investigation for which the inspector general provided assistance;
(2)  a statement regarding whether the investigation resulted in a finding that an alleged criminal offense was committed; and
(3)  a description of the alleged criminal offense that was committed.
(c)  The inspector general shall deliver the summary report to the:
(1)  executive commissioner;
(2)  commissioner of state health services;
(3)  commissioner of the Department of Family and Protective Services;
(4)  State Health Services Council;
(5)  governor;
(6)  lieutenant governor;
(7)  speaker of the house of representatives;
(8)  standing committees of the senate and house of representatives with primary jurisdiction over state hospitals;
(9)  state auditor; and
(10)  alleged victim or the alleged victim's legally authorized representative.
(d)  A summary report regarding an investigation is subject to required disclosure under Chapter 552, Government Code.  All information and materials compiled by the inspector general in connection with an investigation are confidential, not subject to disclosure under Chapter 552, Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the inspector general or the inspector general's employees or agents involved in the investigation, except that this information may be disclosed to the Department of Family and Protective Services, the office of the attorney general, the state auditor's office, and law enforcement agencies.
Added by Acts 2013, 83rd Leg., R.S., Ch. 395 (S.B. 152), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter D. Inspector General Duties › Section 552.103. Annual Status Report

Sec. 552.103.  ANNUAL STATUS REPORT.  (a)  The inspector general shall prepare an annual status report of the inspector general's activities under this subchapter.  The annual report may not contain personally identifiable information of an individual mentioned in the report.
(b)  The annual status report must include information that is aggregated and disaggregated by individual state hospital regarding:
(1)  the number and type of investigations conducted with the assistance of the inspector general;
(2)  the number and type of investigations involving a state hospital employee;
(3)  the relationship of an alleged victim to an alleged perpetrator, if any;
(4)  the number of investigations conducted that involve the suicide, death, or hospitalization of an alleged victim; and
(5)  the number of completed investigations in which commission of an alleged offense was confirmed or unsubstantiated or in which the investigation was inconclusive, and a description of the reason that allegations were unsubstantiated or the investigation was inconclusive.
(c)  The inspector general shall submit the annual status report to the:
(1)  executive commissioner;
(2)  commissioner of state health services;
(3)  commissioner of the Department of Family and Protective Services;
(4)  State Health Services Council;
(5)  Family and Protective Services Council;
(6)  governor;
(7)  lieutenant governor;
(8)  speaker of the house of representatives;
(9)  standing committees of the senate and house of representatives with primary jurisdiction over state hospitals;
(10)  state auditor; and
(11)  comptroller.
(d)  An annual status report submitted under this section is public information under Chapter 552, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 395 (S.B. 152), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter D. Inspector General Duties › Section 552.104. Retaliation Prohibited

Sec. 552.104.  RETALIATION PROHIBITED.  The department or a state hospital may not retaliate against a department employee, a state hospital employee, or any other person who in good faith cooperates with the inspector general under this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 395 (S.B. 152), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter E. State Hospital Operations › Section 552.151. Transition Planning for Contracted Operations of a Certain State Hospital

Sec. 552.151.  TRANSITION PLANNING FOR CONTRACTED OPERATIONS OF A CERTAIN STATE HOSPITAL.  The commission shall establish a plan under which the commission may contract with a local public institution of higher education to transfer the operations of Austin State Hospital from the commission to a local public institution of higher education.
Added by Acts 2019, 86th Leg., R.S., Ch. 676 (S.B. 2111), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter E. State Hospital Operations › Section 552.152. Plan Requirements

Sec. 552.152.  PLAN REQUIREMENTS.  (a)  In developing the plan, the commission shall:
(1)  consult with local public institutions of higher education;
(2)  establish procedures and policies to ensure that a local public institution of higher education that contracts with the commission to operate Austin State Hospital operates the hospital at a quality level at least equal to the quality level achieved by the commission; and
(3)  establish procedures and policies to monitor the care of affected state hospital patients.
(b)  The procedures and policies required to be established under Subsection (a) must ensure that the commission is able to obtain and maintain information on activities carried out under the contract without violating privacy or confidentiality rules.  The procedures and policies must account for the commission obtaining and maintaining information on:
(1)  client outcomes;
(2)  individual and average lengths of stay, including computation of lengths of stay according to the number of days a patient is in the facility during each calendar year, regardless of discharge and readmission;
(3)  the number of incidents in which patients were restrained or secluded;
(4)  the number of incidents of serious assaults in the hospital setting; and
(5)  the number of occurrences in the hospital setting involving contacts with law enforcement personnel.
Added by Acts 2019, 86th Leg., R.S., Ch. 676 (S.B. 2111), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter E. State Hospital Operations › Section 552.153. Report

Sec. 552.153.  REPORT.  Not later than September 1, 2020, the commission shall prepare and deliver to the governor, the lieutenant governor, the speaker of the house of representatives, and the legislature a written report containing the plan and any recommendations for legislation or other actions necessary.
Added by Acts 2019, 86th Leg., R.S., Ch. 676 (S.B. 2111), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter F. Right to Essential Caregiver Visits › Section 552.201. Definition

Sec. 552.201.  DEFINITION.  In this chapter, "essential caregiver" means a family member, friend, guardian, or other individual a patient, patient's guardian, or patient's legally authorized representative selects for in-person visits.
Added by Acts 2023, 88th Leg., R.S., Ch. 1038 (S.B. 52), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter F. Right to Essential Caregiver Visits › Section 552.202. Patient's Right to Essential Caregiver Visits

Sec. 552.202.  PATIENT'S RIGHT TO ESSENTIAL CAREGIVER VISITS.  (a)  A patient, the patient's guardian, or the patient's legally authorized representative has the right to designate an essential caregiver with whom a state hospital may not prohibit in-person visitation.
(b)  If a patient is a minor, the patient's parent, guardian, or managing conservator may designate both of the minor patient's parents as essential caregivers under Subsection (a).
Added by Acts 2023, 88th Leg., R.S., Ch. 1038 (S.B. 52), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter F. Right to Essential Caregiver Visits › Section 552.203. Essential Caregiver Policies, Procedures, and Safety Protocols

Sec. 552.203.  ESSENTIAL CAREGIVER POLICIES, PROCEDURES, AND SAFETY PROTOCOLS. (a)  Notwithstanding Section 552.202, the executive commissioner by rule shall develop guidelines to assist state hospitals in establishing essential caregiver visitation policies and procedures. The guidelines must require the hospitals to:
(1)  allow a patient, patient's guardian, or patient's legally authorized representative or, for a minor patient, the patient's parent, guardian, or managing conservator, to designate for in-person visitation an essential caregiver;
(2)  establish a visitation schedule allowing the essential caregiver to visit the patient for at least two hours each day;
(3)  establish procedures to enable physical contact between the patient and essential caregiver; and
(4)  obtain the signature of the essential caregiver certifying the caregiver will follow the hospital's safety protocols and any other policies, procedures, or rules established  under this section.
(b)  A state hospital may not establish safety protocols under this section that are more stringent than the safety protocols the hospital establishes for hospital staff.
Added by Acts 2023, 88th Leg., R.S., Ch. 1038 (S.B. 52), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter F. Right to Essential Caregiver Visits › Section 552.204. Revocation of Essential Caregiver Designation

Sec. 552.204.  REVOCATION OF ESSENTIAL CAREGIVER DESIGNATION.  (a)  A state hospital may revoke an individual's designation as an essential caregiver if the individual violates the hospital's policies, procedures, or safety protocols established under Section 552.203.
(b)  If a state hospital revokes an individual's designation as an essential caregiver under this section, the patient, patient's guardian, or patient's legally authorized representative or, for a minor patient, the patient's parent, guardian, or managing conservator, has the right to immediately designate another individual as the patient's essential caregiver.
(c)  The commission by rule shall establish an appeals process to evaluate the revocation of an individual's designation as an essential caregiver under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 1038 (S.B. 52), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter F. Right to Essential Caregiver Visits › Section 552.205. Temporary Suspension of Essential Caregiver Visits

Sec. 552.205.  TEMPORARY SUSPENSION OF ESSENTIAL CAREGIVER VISITS.  (a)  A state hospital may petition the commission to suspend in-person essential caregiver visits for not more than seven days if in-person visitation poses a serious community health risk.  The commission may deny the hospital's request to suspend in-person essential caregiver visitation if the commission determines that in-person visitation does not pose a serious community health risk.
(b)  A state hospital may request an extension from the commission to suspend in-person essential caregiver visitation for more than seven days.  The commission may not approve an extension for a period that exceeds seven days, and the hospital must separately request each extension.
(c)  A state hospital may not suspend in-person essential caregiver visitation in any year for more than 14 consecutive days or 45 days total.
Added by Acts 2023, 88th Leg., R.S., Ch. 1038 (S.B. 52), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 552 - State Hospitals › Subchapter F. Right to Essential Caregiver Visits › Section 552.206. Provision of Necessary Patient Care by Essential Caregiver

Sec. 552.206.  PROVISION OF NECESSARY PATIENT CARE BY ESSENTIAL CAREGIVER.   This subchapter may not be construed as requiring an essential caregiver to provide necessary care to a patient, and a state hospital may not require an essential caregiver to provide the necessary care.
Added by Acts 2023, 88th Leg., R.S., Ch. 1038 (S.B. 52), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 553 - San Antonio State Supported Living Center › Section 553.022. San Antonio State Supported Living Center

Sec. 553.022.  SAN ANTONIO STATE SUPPORTED LIVING CENTER.  (a)  The San Antonio State Supported Living Center is for the education, care, and treatment of persons with an intellectual disability.
(b)  The Department of Aging and Disability Services may enter into agreements with the Department of State Health Services for use of the excess facilities of a public health hospital as defined by Section 13.033 in the operation of the state supported living center.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 107, Sec. 8, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1344, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 554 - State Centers and Homes › Section 554.0001. Definition

Sec. 554.0001.  DEFINITION.  In this chapter, "department" means the Department of State Health Services.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1345, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 554 - State Centers and Homes › Section 554.001. Admission of Certain Juveniles

Sec. 554.001.  ADMISSION OF CERTAIN JUVENILES.  (a)  The department shall use the Waco Center for Youth as a residential treatment facility for emotionally disturbed juveniles who:
(1)  have been admitted under Subtitle C to a facility of the department; or
(2)  are under the managing conservatorship of the Department of Family and Protective Services and have been admitted under Subtitle C to the Waco Center for Youth.
(b)  An emotionally disturbed juvenile who has been found to have engaged in delinquent conduct or conduct indicating a need for supervision under Title 3, Family Code, may not be admitted to the Waco Center for Youth.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.077, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 427 (S.B. 957), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 554 - State Centers and Homes › Section 554.002. Services

Sec. 554.002.  SERVICES.  (a)  The department shall provide without charge appropriate education services for all clients residing at the Waco Center for Youth.
(b)  The department shall pay for those services from funds appropriated to the center for that purpose.
(c)  A client of the center who is not a resident of the Waco Independent School District may receive education services from the Waco Independent School District only with the prior approval of the superintendent of the district.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter A. General Provisions › Section 555.003. Determination of High-Risk Alleged Offender Status

Sec. 555.003.  DETERMINATION OF HIGH-RISK ALLEGED OFFENDER STATUS.  (a)  Not later than the 30th day after the date an alleged offender resident is first committed to a state supported living center and, if the resident is classified as a high-risk alleged offender resident, annually on the anniversary of that date, an interdisciplinary team shall determine whether the alleged offender resident is at risk of inflicting substantial physical harm to another and should be classified or remain classified as a high-risk alleged offender resident.
(b)  In making a determination under Subsection (a), the interdisciplinary team shall document and collect evidence regarding the reason the alleged offender resident is determined to be at risk of inflicting substantial physical harm to another.
(c)  The interdisciplinary team shall provide the team's findings regarding whether the alleged offender resident is at risk of inflicting substantial physical harm to another and the documentation and evidence collected under this section to:
(1)  the department;
(2)  the director of the state supported living center;
(3)  the independent ombudsman;
(4)  the alleged offender resident or the alleged offender resident's parent if the resident is a minor; and
(5)  the alleged offender resident's legally authorized representative.
(d)  An alleged offender resident who is determined to be at risk of inflicting substantial physical harm to another and is classified as a high-risk alleged offender resident is entitled to an administrative hearing with the department to contest that determination and classification.
(e)  An individual who has exhausted the administrative remedies provided by Subsection (d) may bring a suit to appeal the determination and classification in district court in Travis County.  The suit must be filed not later than the 30th day after the date the final order in the administrative hearing is provided to the individual.  An appeal under this section is by trial de novo.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter B. Powers and Duties › Section 555.021. Required Criminal History Checks for Employees, Contractors, and Volunteers

Sec. 555.021.  REQUIRED CRIMINAL HISTORY CHECKS FOR EMPLOYEES, CONTRACTORS, AND VOLUNTEERS.  (a)  The department, the Department of State Health Services, and the Health and Human Services Commission shall perform a state and federal criminal history background check on a person:
(1)  who is:
(A)  an applicant for employment with the agency;
(B)  an employee of the agency;
(C)  a volunteer with the agency;
(D)  an applicant for a volunteer position with the agency;
(E)  an applicant for a contract with the agency; or
(F)  a contractor of the agency; and
(2)  who would be placed in direct contact with a resident or client.
(b)  The department, the Department of State Health Services, and the Health and Human Services Commission shall require a person described by Subsection (a) to submit fingerprints in a form and of a quality acceptable to the Department of Public Safety and the Federal Bureau of Investigation for use in conducting a criminal history background check.
(c)  Each agency shall obtain electronic updates from the Department of Public Safety of arrests and convictions of a person:
(1)  for whom the agency performs a background check under Subsection (a); and
(2)  who remains an employee, contractor, or volunteer of the agency and continues to have direct contact with a resident or client.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1027 (H.B. 2673), Sec. 10, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter B. Powers and Duties › Section 555.022. Drug Testing; Policy

Sec. 555.022.  DRUG TESTING; POLICY.  (a)  The executive commissioner shall adopt a policy regarding random testing and reasonable suspicion testing for the illegal use of drugs by a center employee.
(b)  The policy adopted under Subsection (a) must provide that a center employee may be terminated solely on the basis of a single positive test for illegal use of a controlled substance.  The policy must establish an appeals process for a center employee who tests positively for illegal use of a controlled substance.
(c)  The director of a state supported living center or the superintendent of the Rio Grande State Center shall enforce the policy adopted under Subsection (a) by performing necessary drug testing of the center employees for the use of a controlled substance as defined by Section 481.002.
(d)  Testing under this section may be performed on a random basis or on reasonable suspicion of the use of a controlled substance.
(e)  For purposes of this section, a report made under Section 555.023 is considered reasonable suspicion of the use of a controlled substance.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 22, eff. June 11, 2009.