reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 507 - Nonmanufacturing Facilities Community Right-to-Know Act › Section 507.006. Facility Chemical List

Sec. 507.006.  FACILITY CHEMICAL LIST.  (a)  For the purpose of community right-to-know, a facility operator covered by this chapter shall compile and maintain a tier two form that contains information on hazardous chemicals present in the facility in quantities that meet or exceed thresholds determined by the EPA in 40 CFR Part 370, or at any other reporting thresholds as determined by commission rule for certain highly toxic or extremely hazardous substances.
(b)  Multiple facilities may be reported on the same tier two form, with appropriate facility identifiers, if the hazardous chemicals or hazardous chemical categories present at the multiple facilities are in the same ranges.  In multiple facility reporting, the reporting thresholds must be applied to each facility rather than to the total quantities present at all facilities.
(c)  Each tier two form shall be filed annually with the commission, along with the appropriate fee, according to the procedures specified by commission rules.
(d)  The tier two form shall be used to comply with the updating requirements in EPCRA, Section 311, but a fee may not be associated with filing the report.
(e)  Except as provided by Section 507.0061(c), a facility operator shall file the tier two form with the commission not later than the 90th day after the date on which the operator begins operation or has a reportable addition, at the appropriate threshold, of a previously unreported hazardous chemical or extremely hazardous substance.
(e-1)  Except as provided by Section 507.0061(c), a facility operator shall file an updated tier two form with the commission:
(1)  not later than the 90th day after the date on which the operator has a change in the chemical weight range, as listed in 40 C.F.R. Part 370, of a previously reported hazardous chemical or extremely hazardous substance; and
(2)  as otherwise required by commission rule.
(e-2)  A facility operator shall furnish a copy of each tier two form and updated tier two form filed with the commission under this section to the fire chief of the fire department having jurisdiction over the facility and to the appropriate local emergency planning committee.
(f)  A facility operator shall file a safety data sheet with the commission on the commission's request.
(g)  The commission shall maintain records of the tier two forms and other documents filed under this chapter or EPCRA for at least 30 years.
(h)  Except as provided by Section 507.012, documents filed under this chapter are subject to Chapter 552, Government Code.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1322, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 26, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 507 - Nonmanufacturing Facilities Community Right-to-Know Act › Section 507.0061. Reporting for Facilities Storing Ammonium Nitrate Used in Fertilizer

Sec. 507.0061.  REPORTING FOR FACILITIES STORING AMMONIUM NITRATE USED IN FERTILIZER.  (a)  In this section, "ammonium nitrate" and "ammonium nitrate storage facility" have the meanings assigned by Section 63.151, Agriculture Code.
(b)  As soon as practicable but not later than 72 hours after the commission receives a tier two form reporting the presence of ammonium nitrate at an ammonium nitrate storage facility, the commission shall furnish a copy of the form to the state fire marshal and the Texas Division of Emergency Management.  The state fire marshal shall furnish a copy of the form to the chief of the fire department having jurisdiction over the facility. The Texas Division of Emergency Management shall furnish a copy of the form to the appropriate local emergency planning committee.
(c)  The operator of an ammonium nitrate storage facility shall file:
(1)  a tier two form with the commission not later than 72 hours after the operator:
(A)  begins operation; or
(B)  has a reportable addition, at the appropriate threshold, of previously unreported ammonium nitrate; and
(2)  an updated tier two form with the commission not later than 72 hours after the operator has a change in the chemical weight range, as listed in 40 C.F.R. Part 370, of previously reported ammonium nitrate.
Added by Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 507 - Nonmanufacturing Facilities Community Right-to-Know Act › Section 507.007. Emergency Planning Information

Sec. 507.007.  EMERGENCY PLANNING INFORMATION.  (a)  The fire chief or the fire chief's representative, on request, may conduct on-site inspections of the chemicals on the tier two form for the sole purpose of planning fire department activities in case of an emergency.
(b)  A facility operator, on request, shall give the fire chief or the local emergency planning committee such additional information on types and amounts of hazardous chemicals present at a facility as the requestor may need for emergency planning purposes.  A facility operator, on request, shall give the executive director, the fire chief, or the local emergency planning committee a copy of the SDS for any chemical on the tier two form furnished under Section 507.006 or for any chemical present at the facility.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 515 , Sec. 36(6), eff. September 1, 2015.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1323, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 28, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 36(6), eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 507 - Nonmanufacturing Facilities Community Right-to-Know Act › Section 507.008. Complaints and Investigations

Sec. 507.008.  COMPLAINTS AND INVESTIGATIONS.  On presentation of appropriate credentials, a commission representative may enter a facility at reasonable times to inspect and investigate complaints.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1324, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 29, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 507 - Nonmanufacturing Facilities Community Right-to-Know Act › Section 507.012. Trade Secrets

Sec. 507.012.  TRADE SECRETS.  Facility operators must substantiate trade secret claims to the administrator of the EPA in accordance with EPCRA, Section 322.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 507 - Nonmanufacturing Facilities Community Right-to-Know Act › Section 507.013. Rules; Fees

Sec. 507.013.  RULES; FEES.  (a)  The commission may adopt rules and administrative procedures reasonably necessary to carry out the purposes of this chapter.
(b)  The commission by rule may authorize the collection of annual fees from facility operators for the filing of tier two forms required by this chapter.  Except as provided by Subsection (d), fees may be used only to fund activities under this chapter.  The fee may not exceed:
(1)  $50 for each required submission having no more than 75 hazardous chemicals or hazardous chemical categories; or
(2)  $100 for each required submission having more than 75 hazardous chemicals or chemical categories.
(c)  To minimize the fees, the commission by rule shall provide for consolidated filings of multiple tier two forms for facility operators covered by Subsection (b) if each of the tier two forms contains fewer than 25 items.
(d)  The commission may use up to 20 percent of the fees collected under this section as grants to local emergency planning committees to assist them to fulfill their responsibilities under EPCRA.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1328, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 30, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 507 - Nonmanufacturing Facilities Community Right-to-Know Act › Section 507.014. Enforcement

Sec. 507.014.  ENFORCEMENT.  (a)  A facility operator may not violate this chapter, commission rules adopted under this chapter, or an order issued under this chapter.
(b)  The commission may enforce this chapter under Chapter 7, Water Code, including by issuing an administrative order that assesses a penalty or orders a corrective action.
Added by Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 31, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 508 - Area Quarantine for Environmental or Toxic Agent › Section 508.001. Definitions

Sec. 508.001.  DEFINITIONS.  In this chapter:
(1)  "Environmental or toxic agent" means any bacterium or other disease-producing organism, toxic substance, radioactive substance, or other hazardous substance capable of causing widespread human illness, death, or substantial negative economic impact.
(2)  "Health authority" means a physician appointed as a health authority or a regional director under Chapter 121.
Added by Acts 2003, 78th Leg., ch. 1022, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 508 - Area Quarantine for Environmental or Toxic Agent › Section 508.002. Applicability

Sec. 508.002.  APPLICABILITY.  This chapter applies to any circumstance in which an environmental or toxic agent is introduced into the environment, including an act of terrorism.
Added by Acts 2003, 78th Leg., ch. 1022, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 508 - Area Quarantine for Environmental or Toxic Agent › Section 508.003. Area Quarantine

Sec. 508.003.  AREA QUARANTINE.  (a)  If the commissioner of state health services or one or more health authorities determine that the introduction of an environmental or toxic agent into the environment has occurred, the commissioner or authorities may impose an area quarantine in the manner and subject to the procedures provided for an area quarantine imposed under Section 81.085.  The commissioner of state health services or a health authority may, with respect to an area quarantine imposed under this chapter, exercise any power for a response to the introduction of an environmental or toxic agent into the environment under this section that is authorized by Section 81.085 for a response to an outbreak of a communicable disease.  The area quarantine must be accomplished by the least restrictive means necessary to protect public health considering the availability of resources.
(b)  A quarantine imposed by a health authority under this section expires at the earlier of:
(1)  the 24th hour after the time the quarantine is imposed; or
(2)  the time that appropriate action to terminate the quarantine or impose superseding requirements is taken under Chapter 418, Government Code, or is taken by the commissioner of state health services under this section.
Added by Acts 2003, 78th Leg., ch. 1022, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1329, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 508 - Area Quarantine for Environmental or Toxic Agent › Section 508.004. Criminal Penalty

Sec. 508.004.  CRIMINAL PENALTY.  A person commits an offense if the person knowingly fails or refuses to obey an order or instruction of the commissioner of state health services or a health authority issued under this chapter and published during an area quarantine under this section.  An offense under this subsection is a felony of the third degree.
Added by Acts 2003, 78th Leg., ch. 1022, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1330, 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 531 - Provisions Generally Applicable to Mental Health and Intellectual Disability Services › Section 531.0021. Reference to State School or Superintendent

Sec. 531.0021.  REFERENCE TO STATE SCHOOL OR SUPERINTENDENT.  (a)  A reference in law to a "state school" means a state supported living center.
(b)  A reference in law to a "superintendent," to the extent the term is intended to refer to the person in charge of a state supported living center, means the director of a state supported living center.
(c)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 14.01(1), eff. September 1, 2023.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 18, eff. June 11, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1333, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 6.05, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 14.01(1), eff. September 1, 2023.
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 532 - General Provisions Relating to Department of State Health Services › Section 532.001. Definitions; Mental Health Components of Department

Sec. 532.001.  DEFINITIONS; MENTAL HEALTH COMPONENTS OF DEPARTMENT.  (a) In this chapter:
(1)  "Commissioner" means the commissioner of state health services.
(2)  "Department" means the Department of State Health Services.
(b)  The department includes community services operated by the department and the following facilities:
(1)  the central office of the department;
(2)  the Austin State Hospital;
(3)  the Big Spring State Hospital;
(4)  the Kerrville State Hospital;
(5)  the Rusk State Hospital;
(6)  the San Antonio State Hospital;
(7)  the Terrell State Hospital;
(8)  the North Texas State Hospital;
(9)   the Rio Grande State Center;
(10)  the Waco Center for Youth; and
(11)  the El Paso Psychiatric Center.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 821, Sec. 3, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 500, Sec. 1, eff. May 31, 1997;  Acts 1999, 76th Leg., ch. 543, Sec. 1, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 893, Sec. 1, eff. June 14, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 19, eff. June 11, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 395 (S.B. 152), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1334, 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 532 - General Provisions Relating to Department of State Health Services › Section 532.002. Medical Director

Sec. 532.002.   MEDICAL DIRECTOR.  (a)  The commissioner shall appoint a medical director.
(b)  To be qualified for appointment as the medical director under this section, a person must:
(1)  be a physician licensed to practice in this state; and
(2)  have proven administrative experience and ability in comprehensive health care or human service operations.
(c)  The medical director reports to the commissioner and is responsible for the following duties under this title:
(1)  oversight of the quality and appropriateness of clinical services delivered in department mental health facilities or under contract to the department in relation to mental health services; and
(2)  leadership in physician recruitment and retention and peer review.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 4.07, eff. Nov. 12, 1991;  Acts 1999, 76th Leg., ch. 1187, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 2.10, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1334, 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 532 - General Provisions Relating to Department of State Health Services › Section 532.003. Heads of Departmental Mental Health Facilities

Sec. 532.003.  HEADS OF DEPARTMENTAL MENTAL HEALTH FACILITIES.  (a)  The commissioner shall appoint the head of each mental health facility the department administers.
(b)  The head of a facility serves at the will of the commissioner.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 208, Sec. 1, eff. Aug. 28, 1995;  Acts 1995, 74th Leg., ch. 821, Sec. 4, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1334, 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 532 - General Provisions Relating to Department of State Health Services › Section 532.004. Advisory Committees

Sec. 532.004.  ADVISORY COMMITTEES.  (a)  The executive commissioner shall appoint any advisory committees the executive commissioner considers necessary to assist in the effective administration of the department's mental health programs.
(b)  The department may reimburse committee members for travel costs incurred in performing their duties as provided by Section 2110.004, Government Code.
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. 3.1334, 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 532A - General Provisions Relating to Department of Aging and Disability Services › Section 532A.001. Definitions; Intellectual Disability Components of Department

Sec. 532A.001.  DEFINITIONS; INTELLECTUAL DISABILITY COMPONENTS OF DEPARTMENT.  (a)  In this chapter:
(1)  "Commissioner" means the commissioner of aging and disability services.
(2)  "Department" means the Department of Aging and Disability Services.
(b)  The department includes community services operated by the department and the following facilities:
(1)  the central office of the department;
(2)  the Abilene State Supported Living Center;
(3)  the Austin State Supported Living Center;
(4)  the Brenham State Supported Living Center;
(5)  the Corpus Christi State Supported Living Center;
(6)  the Denton State Supported Living Center;
(7)  the Lubbock State Supported Living Center;
(8)  the Lufkin State Supported Living Center;
(9)  the Mexia State Supported Living Center;
(10)  the Richmond State Supported Living Center;
(11)  the San Angelo State Supported Living Center;
(12)  the San Antonio State Supported Living Center; and
(13)  the El Paso State Supported Living Center.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1334, 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 532A - General Provisions Relating to Department of Aging and Disability Services › Section 532A.002. Medical Director

Sec. 532A.002.  MEDICAL DIRECTOR.  (a)  The commissioner shall appoint a medical director.
(b)  To be qualified for appointment as the medical director under this section, a person must:
(1)  be a physician licensed to practice in this state;  and
(2)  have proven administrative experience and ability in comprehensive health care or human service operations.
(c)  The medical director reports to the commissioner and is responsible for the following duties under this title:
(1)  oversight of the quality and appropriateness of clinical services delivered in state supported living centers or under contract to the department in relation to intellectual disability services;  and
(2)  leadership in physician recruitment and retention and peer review.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1334, 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 532A - General Provisions Relating to Department of Aging and Disability Services › Section 532A.003. Heads of State Supported Living Centers

Sec. 532A.003.  HEADS OF STATE SUPPORTED LIVING CENTERS.  (a)  The commissioner shall appoint the head of each state supported living center the department administers.
(b)  The head of a state supported living center serves at the will of the commissioner.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1334, 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 532A - General Provisions Relating to Department of Aging and Disability Services › Section 532A.004. Advisory Committees

Sec. 532A.004.  ADVISORY COMMITTEES.  (a)  The executive commissioner shall appoint any advisory committees the executive commissioner considers necessary to assist in the effective administration of the department's intellectual disability programs.
(b)  The department may reimburse committee members for travel costs incurred in performing their duties as provided by Section 2110.004, Government Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1334, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 533.0001. Definitions

Sec. 533.0001.  DEFINITIONS.  In this chapter:
(1)  "Commissioner" means the commissioner of state health services.
(2)  "Department" means the Department of State Health Services.
(3)  "Department facility" means a facility listed in Section 532.001(b).
Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.22, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 533.0002. Commissioner's Powers and Duties; Effect of Conflict With Other Law

Text of section effective on April 01, 2025
Sec. 533.0002.  COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW.  To the extent a power or duty given to the commissioner by this title or another law conflicts with any of the following provisions of the Government Code, the Government Code provision controls:
(1)  Subchapter A, Chapter 524;
(2)  Section 524.0101;
(3)  Sections 524.0151(a)(2) and (b);
(4)  Section 524.0202; and
(5)  Section 525.0254.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.53, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 533.0002. Commissioner's Powers and Duties; Effect of Conflict With Other Law

Text of section effective until April 01, 2025
Sec. 533.0002.  COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW.  To the extent a power or duty given to the commissioner by this title or another law conflicts with Section 531.0055, Government Code, Section 531.0055 controls.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.53, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 533.001. Gifts and Grants

Sec. 533.001.  GIFTS AND GRANTS.  (a)  The department may negotiate with a federal agency to obtain grants to assist in expanding and improving mental health services in this state.
(b)  The department may accept gifts and grants of money, personal property, and real property to expand and improve the mental health services available to the people of this state.
(c)  The department may accept gifts and grants of money, personal property, and real property on behalf of a department facility to expand and improve the mental health services available at the facility.
(d)  The department shall use a gift or grant made for a specific purpose in accordance with the purpose expressly prescribed by the donor.  The department may decline the gift or grant if the department determines that it cannot be economically used for that purpose.
(e)  The department shall keep a record of each gift or grant in the department's central office in the city of Austin.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 533.003. Use of Funds for Volunteer Programs in Local Authorities and Community Centers

Sec. 533.003.  USE OF FUNDS FOR VOLUNTEER PROGRAMS IN LOCAL AUTHORITIES AND COMMUNITY CENTERS.  (a)  To develop or expand a volunteer mental health program in a local mental health authority or a community center, the department may allocate available funds appropriated for providing volunteer mental health services.
(b)  The department shall develop formal policies that encourage the growth and development of volunteer mental health services in local mental health authorities and community centers.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 533.005. Easements

Sec. 533.005.  EASEMENTS.  The department, in coordination with the executive commissioner, may grant a temporary or permanent easement or right-of-way on land held by the department that relates to services provided under this title.  The department, in coordination with the executive commissioner, must grant an easement or right-of-way on terms and conditions the executive commissioner considers to be in the state's best interest.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 1175, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 533.007. Use of Criminal History Record Information

Sec. 533.007.  USE OF CRIMINAL HISTORY RECORD INFORMATION.  (a)  Subject to the requirements of Chapter 250, the department, in relation to services provided under this title, or a local mental health authority or community center, may deny employment or volunteer status to an applicant if:
(1)  the department, authority, or community center determines that the applicant's criminal history record information indicates that the person is not qualified or suitable; or
(2)  the applicant fails to provide a complete set of fingerprints if the department establishes that method of obtaining criminal history record information.
(b)  The executive commissioner shall adopt rules relating to the use of information obtained under this section, including rules that prohibit an adverse personnel action based on arrest warrant or wanted persons information received by the department.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.02, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 790, Sec. 46(26), eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 1209, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 533.0075. Exchange of Employment Records

Sec. 533.0075.  EXCHANGE OF EMPLOYMENT RECORDS.  The department, in relation to services provided under this title, or a local mental health authority or community center, may exchange with one another the employment records of an employee or former employee who applies for employment at the department, authority, or community center.
Added by Acts 1993, 73rd Leg., ch. 646, Sec. 2, eff. Aug. 30, 1993.  Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 533.008. Employment Opportunities for Individuals With Mental Illness or an Intellectual Disability

Sec. 533.008.  EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY.  (a)  Each department facility and community center shall annually assess the feasibility of converting entry level support positions into employment opportunities for individuals with mental illness or an intellectual disability in the facility's or center's service area.
(b)  In making the assessment, the department facility or community center shall consider the feasibility of using an array of job opportunities that may lead to competitive employment, including sheltered employment and supported employment.
(c)  Each department facility and community center shall annually submit to the department a report showing that the facility or center has complied with Subsection (a).
(d)  The department shall compile information from the reports and shall make the information available to each designated provider in a service area.
(e)  Each department facility and community center shall ensure that designated staff are trained to:
(1)  assist clients through the Social Security Administration disability determination process;
(2)  provide clients and their families information related to the Social Security Administration Work Incentive Provisions; and
(3)  assist clients in accessing and utilizing the Social Security Administration Work Incentive Provisions to finance training, services, and supports needed to obtain career goals.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 6.04, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 533.009. Exchange of Patient Records

Sec. 533.009.  EXCHANGE OF PATIENT RECORDS.  (a)  Department facilities, local mental health authorities, community centers, other designated providers, and subcontractors of mental health services are component parts of one service delivery system within which patient records may be exchanged without the patient's consent.
(b)  The executive commissioner shall adopt rules to carry out the purposes of this section.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 533.0095. Collection and Maintenance of Information Regarding Persons Found Not Guilty by Reason of Insanity

Sec. 533.0095.  COLLECTION AND MAINTENANCE OF INFORMATION REGARDING PERSONS FOUND NOT GUILTY BY REASON OF INSANITY.  (a)  The executive commissioner by rule shall require the department to collect information and maintain current records regarding a person found not guilty of an offense by reason of insanity under Chapter 46C, Code of Criminal Procedure, who is:
(1)  ordered by a court to receive inpatient mental health services under Chapter 574 or under Chapter 46C, Code of Criminal Procedure; or
(2)   ordered by a court to receive outpatient or community-based treatment and supervision.
(b)  Information maintained by the department under this section must include the name and address of any facility to which the person is committed, the length of the person's commitment to the facility, and any post-release outcome.
(c)  The department shall file annually with the presiding officer of each house of the legislature a written report containing the name of each person described by Subsection (a), the name and address of any facility to which the person is committed, the length of the person's commitment to the facility, and any post-release outcome.
Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 3, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 533.010. Information Relating to Condition

Sec. 533.010.  INFORMATION RELATING TO CONDITION.  (a)  A person, including a hospital, nursing facility, medical society, or other organization, may provide to the department or a medical organization, hospital, or hospital committee any information, including interviews, reports, statements, or memoranda relating to a person's condition and treatment for use in a study to reduce mental illness and intellectual disabilities.
(b)  The department or a medical organization, hospital, or hospital committee receiving the information may use or publish the information only to advance mental health and intellectual disability research and education in order to reduce mental illness and intellectual disabilities.  A summary of the study may be released for general publication.
(c)  The identity of a person whose condition or treatment is studied is confidential and may not be revealed under any circumstances.  Information provided under this section and any finding or conclusion resulting from the study is privileged information.
(d)  A person is not liable for damages or other relief if the person:
(1)  provides information under this section;
(2)  releases or publishes the findings and conclusions of the person or organization to advance mental health and intellectual disability research and education; or
(3)  releases or publishes generally a summary of a study.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 533.012. Cooperation of State Agencies

Sec. 533.012.  COOPERATION OF STATE AGENCIES.   At the department's request and in coordination with the executive commissioner, all state departments, agencies, officers, and employees shall cooperate with the department in activities that are consistent with their functions and that relate to services provided under this title.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.134, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 13.05, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 4.03, eff. June 14, 2005.
Acts 2007, 80th Leg., R.S., Ch. 268 (S.B. 10), Sec. 32(f), eff. September 1, 2008.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 533.014. Responsibility of Local Mental Health Authorities in Making Treatment Recommendations

Sec. 533.014.  RESPONSIBILITY OF LOCAL MENTAL HEALTH AUTHORITIES IN MAKING TREATMENT RECOMMENDATIONS.  (a)  The executive commissioner shall adopt rules that:
(1)  relate to the responsibility of the local mental health authorities to make recommendations relating to the most appropriate and available treatment alternatives for individuals in need of mental health services, including individuals who are in contact with the criminal justice system and individuals detained in local jails and juvenile detention facilities;
(2)  govern commitments to a local mental health authority;
(3)  govern transfers of patients that involve a local mental health authority; and
(4)  provide for emergency admission to a department mental health facility if obtaining approval from the authority could result in a delay that might endanger the patient or others.
(b)  The executive commissioner's first consideration in developing rules under this section must be to satisfy individual patient treatment needs in the most appropriate setting.  The executive commissioner shall also consider reducing patient inconvenience resulting from admissions and transfers between providers.
(c)  The department shall notify each judge who has probate jurisdiction in the service area and any other person the local mental health authority considers necessary of the responsibility of the local mental health authority to make recommendations relating to the most appropriate and available treatment alternatives and the procedures required in the area.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 3, eff. Aug. 30, 1993;  Acts 2001, 77th Leg., ch. 367, Sec. 2, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1214, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 533.015. Unannounced Inspections

Sec. 533.015.  UNANNOUNCED INSPECTIONS.  The department may make any inspection of a department facility or program under the department's jurisdiction under this title without announcing the inspection.
Added by Acts 1995, 74th Leg., ch. 531, Sec. 2, eff. Aug. 28, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 533.017. Participation in Purchasing Contracts or Group Purchasing Program

Sec. 533.017.  PARTICIPATION IN PURCHASING CONTRACTS OR GROUP PURCHASING PROGRAM.
Text of subsection effective until April 01, 2025
(a)  This section does not apply to a "health and human services agency," as that term is defined by Section 531.001, Government Code.
Text of subsection effective on April 01, 2025
(a)  This section does not apply to a "health and human services agency," as that term is defined by Section 521.0001, Government Code.
(b)  The executive commissioner may allow a state agency, local agency, or local mental health authority that expends public money to purchase goods or services in connection with providing or coordinating the provision of mental health services to purchase goods or services with the public money by participating in:
(1)  a contract the executive commissioner has made to purchase goods or services; or
(2)  a group purchasing program established or designated by the executive commissioner that offers discounts to providers of mental health services.
Added by Acts 1997, 75th Leg., ch. 1045, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.55, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties Relating to Provision of Mental Health Services › Section 533.031. Definitions

Sec. 533.031.  DEFINITIONS.  In this subchapter:
(1)  "Elderly resident" means a person 65 years of age or older residing in a department facility.
(2)  "Extended care unit" means a residential unit in a department facility that contains patients with chronic mental illness who require long-term care, maintenance, limited programming, and constant supervision.
(3)  "Transitional living unit" means a residential unit that is designed for the primary purpose of facilitating the return of hard-to-place psychiatric patients with chronic mental illness from acute care units to the community through an array of services appropriate for those patients.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 478 (H.B. 2439), Sec. 1, eff. June 16, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties Relating to Provision of Mental Health Services › Section 533.0325. Continuum of Services in Campus Facilities

Sec. 533.0325.  CONTINUUM OF SERVICES IN CAMPUS FACILITIES.  The executive commissioner by rule shall establish criteria regarding the uses of the department's campus-based facilities as part of a full continuum of services under this title.
Added by Acts 1999, 76th Leg., ch. 1187, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties Relating to Provision of Mental Health Services › Section 533.033. Determination of Required Range of Mental Health Services

Sec. 533.033.  DETERMINATION OF REQUIRED RANGE OF MENTAL HEALTH SERVICES.  (a)  Consistent with the purposes and policies of this subtitle, the commissioner biennially shall determine:
(1)  the types of mental health services that can be most economically and effectively provided at the community level for persons exhibiting various forms of mental disability; and
(2)  the types of mental health services that can be most economically and effectively provided by department facilities.
(b)  In the determination, the commissioner shall assess the limits, if any, that should be placed on the duration of mental health services provided at the community level or at a department facility.
(c)  The department biennially shall review the types of services the department provides and shall determine if a community provider can provide services of a comparable quality at a lower cost than the department's costs.
(d)  The commissioner's findings shall guide the department in planning and administering services for persons with mental illness.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 22(9), eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(92), eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.