Texas 2023 - 88th Regular

Texas House Bill HB446 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 446
2	2
3	3
4	4	AN ACT
5	5	relating to the terminology used in statute to refer to
6	6	intellectual disability and certain references to abolished health
7	7	and human services agencies.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	ARTICLE 1. CIVIL PRACTICE AND REMEDIES CODE PROVISIONS
10	10	SECTION 1.01. Sections 74.001(a)(11) and (18), Civil
11	11	Practice and Remedies Code, are amended to read as follows:
12	12	(11) "Health care institution" includes:
13	13	(A) an ambulatory surgical center;
14	14	(B) an assisted living facility licensed under
15	15	Chapter 247, Health and Safety Code;
16	16	(C) an emergency medical services provider;
17	17	(D) a health services district created under
18	18	Chapter 287, Health and Safety Code;
19	19	(E) a home and community support services agency;
20	20	(F) a hospice;
21	21	(G) a hospital;
22	22	(H) a hospital system;
23	23	(I) an intermediate care facility for
24	24	individuals with an intellectual disability [the mentally
25	25	retarded] or a home and community-based services waiver program for
26	26	individuals [persons] with an intellectual disability [mental
27	27	retardation] adopted in accordance with Section 1915(c) of the
28	28	federal Social Security Act (42 U.S.C. Section 1396n), as amended;
29	29	(J) a nursing home; or
30	30	(K) an end stage renal disease facility licensed
31	31	under Section 251.011, Health and Safety Code.
32	32	(18) "Intermediate care facility for individuals with
33	33	an intellectual disability [the mentally retarded]" means a
34	34	licensed public or private institution to which Chapter 252, Health
35	35	and Safety Code, applies.
36	36	ARTICLE 2. CODE OF CRIMINAL PROCEDURE PROVISIONS
37	37	SECTION 2.01. Article 46C.001(4), Code of Criminal
38	38	Procedure, is amended to read as follows:
39	39	(4) "Intellectual disability [Mental retardation]"
40	40	has the meaning assigned by Section 591.003, Health and Safety
41	41	Code.
42	42	SECTION 2.02. Article 46C.105(c), Code of Criminal
43	43	Procedure, is amended to read as follows:
44	44	(c) The examiner shall submit a separate report stating the
45	45	examiner's observations and findings concerning:
46	46	(1) whether the defendant is presently a person with a
47	47	mental illness and requires court-ordered mental health services
48	48	under Subtitle C, Title 7, Health and Safety Code; or
49	49	(2) whether the defendant is presently a person with
50	50	an intellectual disability [mental retardation].
51	51	SECTION 2.03. Article 46C.201, Code of Criminal Procedure,
52	52	is amended to read as follows:
53	53	Art. 46C.201. DISPOSITION: NONDANGEROUS CONDUCT. (a) If
54	54	the court determines that the offense of which the person was
55	55	acquitted did not involve conduct that caused serious bodily injury
56	56	to another person, placed another person in imminent danger of
57	57	serious bodily injury, or consisted of a threat of serious bodily
58	58	injury to another person through the use of a deadly weapon, the
59	59	court shall determine whether there is evidence to support a
60	60	finding that the person is a person with a mental illness or an
61	61	intellectual disability [with mental retardation].
62	62	(b) If the court determines that there is evidence to
63	63	support a finding of mental illness or intellectual disability
64	64	[mental retardation], the court shall enter an order transferring
65	65	the person to the appropriate court for civil commitment
66	66	proceedings to determine whether the person should receive
67	67	court-ordered mental health services under Subtitle C, Title 7,
68	68	Health and Safety Code, or be committed to a residential care
69	69	facility to receive intellectual disability [mental retardation]
70	70	services under Subtitle D, Title 7, Health and Safety Code. The
71	71	court may also order the person:
72	72	(1) detained in jail or any other suitable place
73	73	pending the prompt initiation and prosecution of appropriate civil
74	74	proceedings by the attorney representing the state or other person
75	75	designated by the court; or
76	76	(2) placed in the care of a responsible person on
77	77	satisfactory security being given for the acquitted person's proper
78	78	care and protection.
79	79	SECTION 2.04. Article 46C.252(c), Code of Criminal
80	80	Procedure, is amended to read as follows:
81	81	(c) The report must address:
82	82	(1) whether the acquitted person has a mental illness
83	83	or an intellectual disability [mental retardation] and, if so,
84	84	whether the mental illness or intellectual disability [mental
85	85	retardation] is severe;
86	86	(2) whether as a result of any severe mental illness or
87	87	intellectual disability [mental retardation] the acquitted person
88	88	is likely to cause serious harm to another;
89	89	(3) whether as a result of any impairment the
90	90	acquitted person is subject to commitment under Subtitle C or D,
91	91	Title 7, Health and Safety Code;
92	92	(4) prospective treatment and supervision options, if
93	93	any, appropriate for the acquitted person; and
94	94	(5) whether any required treatment and supervision can
95	95	be safely and effectively provided as outpatient or community-based
96	96	treatment and supervision.
97	97	SECTION 2.05. Article 46C.253(b), Code of Criminal
98	98	Procedure, is amended to read as follows:
99	99	(b) At the hearing, the court shall address:
100	100	(1) whether the person acquitted by reason of insanity
101	101	has a severe mental illness or an intellectual disability [mental
102	102	retardation];
103	103	(2) whether as a result of any mental illness or
104	104	intellectual disability [mental retardation] the person is likely
105	105	to cause serious harm to another; and
106	106	(3) whether appropriate treatment and supervision for
107	107	any mental illness or intellectual disability [mental retardation]
108	108	rendering the person dangerous to another can be safely and
109	109	effectively provided as outpatient or community-based treatment
110	110	and supervision.
111	111	SECTION 2.06. Article 46C.255(c), Code of Criminal
112	112	Procedure, is amended to read as follows:
113	113	(c) If a hearing is held before a jury and the jury
114	114	determines that the person has a mental illness or an intellectual
115	115	disability [mental retardation] and is likely to cause serious harm
116	116	to another, the court shall determine whether inpatient treatment
117	117	or residential care is necessary to protect the safety of others.
118	118	SECTION 2.07. Article 46C.256(a), Code of Criminal
119	119	Procedure, is amended to read as follows:
120	120	(a) The court shall order the acquitted person committed to
121	121	a mental hospital or other appropriate facility for inpatient
122	122	treatment or residential care if the state establishes by clear and
123	123	convincing evidence that:
124	124	(1) the person has a severe mental illness or an
125	125	intellectual disability [mental retardation];
126	126	(2) the person, as a result of that mental illness or
127	127	intellectual disability [mental retardation], is likely to cause
128	128	serious bodily injury to another if the person is not provided with
129	129	treatment and supervision; and
130	130	(3) inpatient treatment or residential care is
131	131	necessary to protect the safety of others.
132	132	SECTION 2.08. Article 46C.257(a), Code of Criminal
133	133	Procedure, is amended to read as follows:
134	134	(a) The court shall order the acquitted person to receive
135	135	outpatient or community-based treatment and supervision if:
136	136	(1) the state establishes by clear and convincing
137	137	evidence that the person:
138	138	(A) has a severe mental illness or an
139	139	intellectual disability [mental retardation]; and
140	140	(B) as a result of that mental illness or
141	141	intellectual disability [mental retardation] is likely to cause
142	142	serious bodily injury to another if the person is not provided with
143	143	treatment and supervision; and
144	144	(2) the state fails to establish by clear and
145	145	convincing evidence that inpatient treatment or residential care is
146	146	necessary to protect the safety of others.
147	147	SECTION 2.09. Articles 46C.258(a) and (b), Code of Criminal
148	148	Procedure, are amended to read as follows:
149	149	(a) The head of the facility to which an acquitted person is
150	150	committed has, during the commitment period, a continuing
151	151	responsibility to determine:
152	152	(1) whether the acquitted person continues to have a
153	153	severe mental illness or an intellectual disability [mental
154	154	retardation] and is likely to cause serious harm to another because
155	155	of any severe mental illness or intellectual disability [mental
156	156	retardation]; and
157	157	(2) if so, whether treatment and supervision cannot be
158	158	safely and effectively provided as outpatient or community-based
159	159	treatment and supervision.
160	160	(b) The head of the facility must notify the committing
161	161	court and seek modification of the order of commitment if the head
162	162	of the facility determines that an acquitted person no longer has a
163	163	severe mental illness or an intellectual disability [mental
164	164	retardation], is no longer likely to cause serious harm to another,
165	165	or that treatment and supervision can be safely and effectively
166	166	provided as outpatient or community-based treatment and
167	167	supervision.
168	168	SECTION 2.10. Article 46C.260(d), Code of Criminal
169	169	Procedure, is amended to read as follows:
170	170	(d) The executive commissioner shall appoint a review board
171	171	of five members, including one psychiatrist licensed to practice
172	172	medicine in this state and two persons who work directly with
173	173	persons with mental illnesses or persons with intellectual
174	174	disabilities [mental retardation], to determine whether the person
175	175	is manifestly dangerous and, as a result of the danger the person
176	176	presents, requires continued placement in a maximum security unit.
177	177	SECTION 2.11. Article 46C.263(d), Code of Criminal
178	178	Procedure, is amended to read as follows:
179	179	(d) The court may order that supervision of the acquitted
180	180	person be provided by the appropriate community supervision and
181	181	corrections department or the facility administrator of a community
182	182	center that provides mental health or intellectual disability
183	183	[mental retardation] services.
184	184	SECTION 2.12. Article 46C.268(f), Code of Criminal
185	185	Procedure, is amended to read as follows:
186	186	(f) The court shall discharge the acquitted person from all
187	187	court-ordered commitment and treatment and supervision and
188	188	terminate the court's jurisdiction over the person if the court
189	189	finds that the acquitted person has established by a preponderance
190	190	of the evidence that:
191	191	(1) the acquitted person does not have a severe mental
192	192	illness or an intellectual disability [mental retardation]; or
193	193	(2) the acquitted person is not likely to cause
194	194	serious harm to another because of any severe mental illness or
195	195	intellectual disability [mental retardation].
196	196	ARTICLE 3. FAMILY CODE PROVISIONS
197	197	SECTION 3.01. Sections 51.20(a), (b), (c), and (d), Family
198	198	Code, are amended to read as follows:
199	199	(a) At any stage of the proceedings under this title,
200	200	including when a child is initially detained in a pre-adjudication
201	201	secure detention facility or a post-adjudication secure
202	202	correctional facility, the juvenile court may, at its discretion or
203	203	at the request of the child's parent or guardian, order a child who
204	204	is referred to the juvenile court or who is alleged by a petition or
205	205	found to have engaged in delinquent conduct or conduct indicating a
206	206	need for supervision to be examined by a disinterested expert,
207	207	including a physician, psychiatrist, or psychologist, qualified by
208	208	education and clinical training in mental health or intellectual
209	209	and developmental disabilities [mental retardation] and
210	210	experienced in forensic evaluation, to determine whether the child
211	211	has a mental illness as defined by Section 571.003, Health and
212	212	Safety Code, is a person with an intellectual disability [mental
213	213	retardation] as defined by Section 591.003, Health and Safety Code,
214	214	or suffers from chemical dependency as defined by Section 464.001,
215	215	Health and Safety Code. If the examination is to include a
216	216	determination of the child's fitness to proceed, an expert may be
217	217	appointed to conduct the examination only if the expert is
218	218	qualified under Subchapter B, Chapter 46B, Code of Criminal
219	219	Procedure, to examine a defendant in a criminal case, and the
220	220	examination and the report resulting from an examination under this
221	221	subsection must comply with the requirements under Subchapter B,
222	222	Chapter 46B, Code of Criminal Procedure, for the examination and
223	223	resulting report of a defendant in a criminal case.
224	224	(b) If, after conducting an examination of a child ordered
225	225	under Subsection (a) and reviewing any other relevant information,
226	226	there is reason to believe that the child has a mental illness or an
227	227	intellectual disability [mental retardation] or suffers from
228	228	chemical dependency, the probation department shall refer the child
229	229	to the local mental health authority or local intellectual and
230	230	developmental disability [mental retardation] authority or to
231	231	another appropriate and legally authorized agency or provider for
232	232	evaluation and services, unless the prosecuting attorney has filed
233	233	a petition under Section 53.04.
234	234	(c) If, while a child is under deferred prosecution
235	235	supervision or court-ordered probation, a qualified professional
236	236	determines that the child has a mental illness or an intellectual
237	237	disability [mental retardation] or suffers from chemical
238	238	dependency and the child is not currently receiving treatment
239	239	services for the mental illness, intellectual disability [mental
240	240	retardation], or chemical dependency, the probation department
241	241	shall refer the child to the local mental health authority or local
242	242	intellectual and developmental disability [mental retardation]
243	243	authority or to another appropriate and legally authorized agency
244	244	or provider for evaluation and services.
245	245	(d) A probation department shall report each referral of a
246	246	child to a local mental health authority or local intellectual and
247	247	developmental disability [mental retardation] authority or another
248	248	agency or provider made under Subsection (b) or (c) to the Texas
249	249	Juvenile Justice Department in a format specified by the
250	250	department.
251	251	SECTION 3.02. Section 54.0408, Family Code, is amended to
252	252	read as follows:
253	253	Sec. 54.0408. REFERRAL OF CHILD EXITING PROBATION TO MENTAL
254	254	HEALTH AUTHORITY OR INTELLECTUAL AND DEVELOPMENTAL DISABILITY
255	255	[MENTAL RETARDATION] AUTHORITY. A juvenile probation officer shall
256	256	refer a child who has been determined to have a mental illness or an
257	257	intellectual disability [mental retardation] to an appropriate
258	258	local mental health authority or local intellectual and
259	259	developmental disability [mental retardation] authority at least
260	260	three months before the child is to complete the child's juvenile
261	261	probation term unless the child is currently receiving treatment
262	262	from the local mental health authority or local intellectual and
263	263	developmental disability [mental retardation] authority of the
264	264	county in which the child resides.
265	265	SECTION 3.03. Section 58.0051(a)(2), Family Code, is
266	266	amended to read as follows:
267	267	(2) "Juvenile service provider" means a governmental
268	268	entity that provides juvenile justice or prevention, medical,
269	269	educational, or other support services to a juvenile. The term
270	270	includes:
271	271	(A) a state or local juvenile justice agency as
272	272	defined by Section 58.101;
273	273	(B) health and human services agencies, as
274	274	defined by Section 531.001, Government Code, and the Health and
275	275	Human Services Commission;
276	276	(C) the Department of Family and Protective
277	277	Services;
278	278	(D) the Department of Public Safety;
279	279	(E) the Texas Education Agency;
280	280	(F) an independent school district;
281	281	(G) a juvenile justice alternative education
282	282	program;
283	283	(H) a charter school;
284	284	(I) a local mental health authority or local
285	285	intellectual and developmental disability [mental retardation]
286	286	authority;
287	287	(J) a court with jurisdiction over juveniles;
288	288	(K) a district attorney's office;
289	289	(L) a county attorney's office; and
290	290	(M) a children's advocacy center established
291	291	under Section 264.402.
292	292	ARTICLE 4. FINANCE CODE PROVISIONS
293	293	SECTION 4.01. Section 393.624(a), Finance Code, is amended
294	294	to read as follows:
295	295	(a) A credit access business may not advertise on the
296	296	premises of a nursing facility, assisted living facility, group
297	297	home, intermediate care facility for persons with an intellectual
298	298	disability [mental retardation], or other similar facility subject
299	299	to regulation by the Health and Human Services Commission
300	300	[Department of Aging and Disability Services].
301	301	ARTICLE 5. GOVERNMENT CODE PROVISIONS
302	302	SECTION 5.01. Section 54A.209(a), Government Code, is
303	303	amended to read as follows:
304	304	(a) Except as limited by an order of referral, an associate
305	305	judge may:
306	306	(1) conduct a hearing;
307	307	(2) hear evidence;
308	308	(3) compel production of relevant evidence;
309	309	(4) rule on the admissibility of evidence;
310	310	(5) issue a summons for the appearance of witnesses;
311	311	(6) examine a witness;
312	312	(7) swear a witness for a hearing;
313	313	(8) make findings of fact on evidence;
314	314	(9) formulate conclusions of law;
315	315	(10) rule on pretrial motions;
316	316	(11) recommend the rulings, orders, or judgment to be
317	317	made in a case;
318	318	(12) regulate all proceedings in a hearing before the
319	319	associate judge;
320	320	(13) take action as necessary and proper for the
321	321	efficient performance of the duties required by the order of
322	322	referral;
323	323	(14) order the attachment of a witness or party who
324	324	fails to obey a subpoena;
325	325	(15) order the detention of a witness or party found
326	326	guilty of contempt, pending approval by the referring court as
327	327	provided by Section 54A.214;
328	328	(16) without prejudice to the right to a de novo
329	329	hearing under Section 54A.216, render and sign:
330	330	(A) a final order agreed to in writing as to both
331	331	form and substance by all parties;
332	332	(B) a final default order;
333	333	(C) a temporary order;
334	334	(D) a final order in a case in which a party files
335	335	an unrevoked waiver made in accordance with Rule 119, Texas Rules of
336	336	Civil Procedure, that waives notice to the party of the final
337	337	hearing or waives the party's appearance at the final hearing;
338	338	(E) an order specifying that the court clerk
339	339	shall issue:
340	340	(i) letters testamentary or of
341	341	administration; or
342	342	(ii) letters of guardianship; or
343	343	(F) an order for inpatient or outpatient mental
344	344	health, intellectual disability [mental retardation], or chemical
345	345	dependency services or an order authorizing psychoactive
346	346	medications; and
347	347	(17) sign a final order that includes a waiver of the
348	348	right to a de novo hearing in accordance with Section 54A.216.
349	349	SECTION 5.02. Section 76.003(c), Government Code, is
350	350	amended to read as follows:
351	351	(c) The community justice council shall appoint a community
352	352	justice task force to provide support staff for the development of a
353	353	community justice plan. The task force may consist of any number of
354	354	members, but must [should] include:
355	355	(1) the county or regional director of the Health and
356	356	Human Services Commission, or the division of the commission
357	357	performing the functions previously performed by the Texas
358	358	Department of Human Services, with responsibility for the area
359	359	served by the department;
360	360	(2) the chief of police of the most populous
361	361	municipality served by the department;
362	362	(3) the chief juvenile probation officer of the
363	363	juvenile probation office serving the most populous area served by
364	364	the department;
365	365	(4) the superintendent of the most populous school
366	366	district served by the department;
367	367	(5) the supervisor of the Department of Public Safety
368	368	region closest to the department, or the supervisor's designee;
369	369	(6) the county or regional director of the Health and
370	370	Human Services Commission, or the division of the commission
371	371	performing the functions previously performed by the Texas
372	372	Department of Mental Health and Mental Retardation, with
373	373	responsibility for the area served by the department;
374	374	(7) a substance abuse treatment professional
375	375	appointed by the Council of Governments serving the area served by
376	376	the department;
377	377	(8) the department director;
378	378	(9) the local or regional representative of the parole
379	379	division of the Texas Department of Criminal Justice with
380	380	responsibility for the area served by the department;
381	381	(10) the representative of the Texas Workforce
382	382	Commission with responsibility for the area served by the
383	383	department;
384	384	(11) the representative of the Health and Human
385	385	Services Commission, or the division of the commission performing
386	386	the functions previously performed by the Department of Assistive
387	387	and Rehabilitative Services, with responsibility for the area
388	388	served by the department;
389	389	(12) a licensed attorney who practices in the area
390	390	served by the department and whose practice consists primarily of
391	391	criminal law;
392	392	(13) a court administrator, if one serves the area
393	393	served by the department;
394	394	(14) a representative of a community service
395	395	organization that provides adult treatment, educational, or
396	396	vocational services to the area served by the department;
397	397	(15) a representative of an organization in the area
398	398	served by the department that is actively involved in issues
399	399	relating to defendants' rights, chosen by the county commissioners
400	400	and county judges of the counties served by the department; and
401	401	(16) an advocate for rights of victims of crime and
402	402	awareness of issues affecting victims.
403	403	SECTION 5.03. Section 125.001(a), Government Code, is
404	404	amended to read as follows:
405	405	(a) In this chapter, "mental health court program" means a
406	406	program that has the following essential characteristics:
407	407	(1) the integration of mental illness treatment
408	408	services and intellectual disability [mental retardation] services
409	409	in the processing of cases in the judicial system;
410	410	(2) the use of a nonadversarial approach involving
411	411	prosecutors and defense attorneys to promote public safety and to
412	412	protect the due process rights of program participants;
413	413	(3) early identification and prompt placement of
414	414	eligible participants in the program;
415	415	(4) access to mental illness treatment services and
416	416	intellectual disability [mental retardation] services;
417	417	(5) ongoing judicial interaction with program
418	418	participants;
419	419	(6) diversion of defendants who potentially have a
420	420	mental illness [mentally ill] or an intellectual disability
421	421	[mentally retarded defendants] to needed services as an alternative
422	422	to subjecting those defendants to the criminal justice system;
423	423	(7) monitoring and evaluation of program goals and
424	424	effectiveness;
425	425	(8) continuing interdisciplinary education to promote
426	426	effective program planning, implementation, and operations; and
427	427	(9) development of partnerships with public agencies
428	428	and community organizations, including local intellectual and
429	429	developmental disability [mental retardation] authorities.
430	430	SECTION 5.04. Section 125.002, Government Code, is amended
431	431	to read as follows:
432	432	Sec. 125.002. AUTHORITY TO ESTABLISH PROGRAM. The
433	433	commissioners court of a county may establish a mental health court
434	434	program for persons who:
435	435	(1) have been arrested for or charged with a
436	436	misdemeanor or felony; and
437	437	(2) are suspected by a law enforcement agency or a
438	438	court of having a mental illness or an intellectual disability
439	439	[mental retardation].
440	440	SECTION 5.05. Section 403.252, Government Code, is amended
441	441	to read as follows:
442	442	Sec. 403.252. EXCEPTIONS. This subchapter does not apply
443	443	to:
444	444	(1) state agency funds located completely outside the
445	445	state treasury;
446	446	(2) the petty cash accounts maintained by the [Texas]
447	447	Department of State Health Services [Mental Health and Mental
448	448	Retardation] under Section 533.037(d), Health and Safety Code
449	449	[2.17(b)(3), Texas Mental Health and Mental Retardation Act
450	450	(Article 5547-202, Vernon's Texas Civil Statutes)]; or
451	451	(3) imprest funds kept by enforcement agencies for the
452	452	purchase of evidence or other enforcement purposes.
453	453	SECTION 5.06. Section 411.052(a), Government Code, is
454	454	amended to read as follows:
455	455	(a) In this section, "federal prohibited person
456	456	information" means information that identifies an individual as:
457	457	(1) a person ordered by a court to receive inpatient
458	458	mental health services under Chapter 574, Health and Safety Code;
459	459	(2) a person acquitted in a criminal case by reason of
460	460	insanity or lack of mental responsibility, regardless of whether
461	461	the person is ordered by a court to receive inpatient treatment or
462	462	residential care under Chapter 46C, Code of Criminal Procedure;
463	463	(3) a person determined to have an intellectual
464	464	disability [mental retardation] and committed by a court for
465	465	long-term placement in a residential care facility under Chapter
466	466	593, Health and Safety Code;
467	467	(4) an incapacitated adult individual for whom a court
468	468	has appointed a guardian of the individual under Title 3, Estates
469	469	Code, based on the determination that the person lacks the mental
470	470	capacity to manage the person's affairs; or
471	471	(5) a person determined to be incompetent to stand
472	472	trial under Chapter 46B, Code of Criminal Procedure.
473	473	SECTION 5.07. Section 411.0521(a), Government Code, is
474	474	amended to read as follows:
475	475	(a) The clerk of the court shall prepare and forward to the
476	476	department the information described by Subsection (b) not later
477	477	than the 30th day after the date the court:
478	478	(1) orders a person to receive inpatient mental health
479	479	services under Chapter 574, Health and Safety Code;
480	480	(2) acquits a person in a criminal case by reason of
481	481	insanity or lack of mental responsibility, regardless of whether
482	482	the person is ordered to receive inpatient treatment or residential
483	483	care under Chapter 46C, Code of Criminal Procedure;
484	484	(3) commits a person determined to have an
485	485	intellectual disability [mental retardation] for long-term
486	486	placement in a residential care facility under Chapter 593, Health
487	487	and Safety Code;
488	488	(4) appoints a guardian of the incapacitated adult
489	489	individual under Title 3, Estates Code, based on the determination
490	490	that the person lacks the mental capacity to manage the person's
491	491	affairs;
492	492	(5) determines a person is incompetent to stand trial
493	493	under Chapter 46B, Code of Criminal Procedure; or
494	494	(6) finds a person is entitled to relief from
495	495	disabilities under Section 574.088, Health and Safety Code.
496	496	SECTION 5.08. Sections 411.126(a)(2) and (3), Government
497	497	Code, are amended to read as follows:
498	498	(2) "Volunteer" or "volunteer applicant" means a
499	499	person who will perform one or more of the following services
500	500	without remuneration:
501	501	(A) any service performed in a residence;
502	502	(B) any service that requires the access to or
503	503	the handling of money or confidential or privileged information; or
504	504	(C) any service that involves the care of or
505	505	access to:
506	506	(i) a child;
507	507	(ii) an elderly person; or
508	508	(iii) a person who is mentally incompetent,
509	509	[mentally retarded,] physically disabled, ill, or incapacitated,
510	510	or who has an intellectual disability.
511	511	(3) "Employee" or "employee applicant" means a person
512	512	who will perform one or more of the following services or functions
513	513	for remuneration:
514	514	(A) any service performed in a residence;
515	515	(B) any service that requires the access to or
516	516	the handling of money or confidential or privileged information; or
517	517	(C) any service that involves the care of or
518	518	access to:
519	519	(i) a child;
520	520	(ii) an elderly person; or
521	521	(iii) a person who is mentally incompetent,
522	522	[mentally retarded,] physically disabled, ill, or incapacitated,
523	523	or who has an intellectual disability;
524	524	(D) coordination or referral of volunteers; or
525	525	(E) executive administrative responsibilities.
526	526	SECTION 5.09. Section 495.023(a), Government Code, is
527	527	amended to read as follows:
528	528	(a) The institutional division shall request proposals and
529	529	may award one contract to a private vendor or community supervision
530	530	and corrections department to screen and diagnose, either before or
531	531	after adjudications of guilt, persons who may be transferred to the
532	532	division. The term of the contract may not be for more than two
533	533	years. The institutional division shall award the contract if the
534	534	division determines that:
535	535	(1) the person proposing to enter into the contract
536	536	can provide psychiatric, psychological, or social evaluations of
537	537	persons who are to be transferred to the division;
538	538	(2) the services provided will reduce the chances of
539	539	misdiagnosis of [mentally ill and mentally retarded] persons with
540	540	mental illness or persons with intellectual disabilities who are to
541	541	be transferred to the division, expedite the diagnostic process,
542	542	and offer savings to the division;
543	543	(3) the quality of services offered equals or exceeds
544	544	the quality of the same services provided by the division; and
545	545	(4) the state will assume no additional liability by
546	546	entering into a contract for the services.
547	547	SECTION 5.10. Section 499.102(a), Government Code, is
548	548	amended to read as follows:
549	549	(a) The staff of the institutional division, on its own
550	550	initiative or as directed by the governor or the board, may
551	551	recommend to the administration of the institutional division that
552	552	the maximum capacity established under Section 499.101 for a unit
553	553	be increased if the staff determines through written findings that
554	554	the division can increase the maximum capacity and provide:
555	555	(1) proper inmate classification and housing within
556	556	the unit that is consistent with the classification system;
557	557	(2) housing flexibility to allow necessary repairs and
558	558	routine and preventive maintenance to be performed without
559	559	compromising the classification system;
560	560	(3) adequate space in dayrooms;
561	561	(4) all meals within a reasonable time, allowing each
562	562	inmate a reasonable time within which to eat;
563	563	(5) operable hygiene facilities that ensure the
564	564	availability of a sufficient number of fixtures to serve the inmate
565	565	population;
566	566	(6) adequate laundry services;
567	567	(7) sufficient staff to:
568	568	(A) meet operational and security needs;
569	569	(B) meet health care needs, including the needs
570	570	of inmates requiring psychiatric care, [mentally retarded] inmates
571	571	with an intellectual disability, and inmates with a physical
572	572	disability [physically handicapped inmates];
573	573	(C) provide a safe environment for inmates and
574	574	staff; and
575	575	(D) provide adequate internal affairs
576	576	investigation and review;
577	577	(8) medical, dental, and psychiatric care adequate to
578	578	ensure:
579	579	(A) minimal delays in delivery of service from
580	580	the time sick call requests are made until the service is performed;
581	581	(B) access to regional medical facilities;
582	582	(C) access to the institutional division
583	583	hospital at Galveston or contract facilities performing the same
584	584	services;
585	585	(D) access to specialty clinics; and
586	586	(E) a sufficient number of psychiatric inpatient
587	587	beds and sheltered beds for [mentally retarded] inmates with an
588	588	intellectual disability;
589	589	(9) a fair disciplinary system that ensures due
590	590	process and is adequate to ensure safety and order in the unit;
591	591	(10) work, vocational, academic, and on-the-job
592	592	training programs that afford all eligible inmates with an
593	593	opportunity to learn job skills or work habits that can be applied
594	594	on release, appropriately staffed and of sufficient quality;
595	595	(11) a sufficient number and quality of
596	596	nonprogrammatic and recreational activities for all eligible
597	597	inmates who choose to participate;
598	598	(12) adequate assistance from persons trained in the
599	599	law or a law library with a collection containing necessary
600	600	materials and space adequate for inmates to use the law library for
601	601	study related to legal matters;
602	602	(13) adequate space and staffing to permit contact and
603	603	noncontact visitation of all eligible inmates;
604	604	(14) adequate maintenance programs to repair and
605	605	prevent breakdowns caused by increased use of facilities and
606	606	fixtures; and
607	607	(15) space and staff sufficient to provide all the
608	608	services and facilities required by this section.
609	609	SECTION 5.11. Section 501.006(a), Government Code, is
610	610	amended to read as follows:
611	611	(a) The institutional division may grant an emergency
612	612	absence under escort to an inmate so that the inmate may:
613	613	(1) obtain a medical diagnosis or medical treatment;
614	614	(2) obtain treatment and supervision at a [Texas
615	615	Department of Mental Health and Mental Retardation] facility
616	616	operated by the Health and Human Services Commission; or
617	617	(3) attend a funeral or visit a critically ill
618	618	relative.
619	619	SECTION 5.12. Section 501.056, Government Code, is amended
620	620	to read as follows:
621	621	Sec. 501.056. CONTRACT FOR CARE OF [MENTALLY ILL AND
622	622	MENTALLY RETARDED] INMATES WITH MENTAL ILLNESS OR INTELLECTUAL
623	623	DISABILITY. The department shall contract with the Health and
624	624	Human Services Commission [Texas Department of Mental Health and
625	625	Mental Retardation] for provision of commission [Texas Department
626	626	of Mental Health and Mental Retardation] facilities, treatment, and
627	627	habilitation for [mentally ill and mentally retarded] inmates with
628	628	mental illness or an intellectual disability in the custody of the
629	629	department. The contract must provide:
630	630	(1) detailed characteristics of the [mentally ill]
631	631	inmate population with mental illness and the [mentally retarded]
632	632	inmate population with intellectual disabilities to be affected
633	633	under the contract;
634	634	(2) for the respective responsibilities of the
635	635	commission [Texas Department of Mental Health and Mental
636	636	Retardation] and the department with regard to the care and
637	637	supervision of the affected inmates; and
638	638	(3) that the department remains responsible for
639	639	security.
640	640	SECTION 5.13. Section 501.058, Government Code, is amended
641	641	to read as follows:
642	642	Sec. 501.058. COMPENSATION OF PSYCHIATRISTS. The amount of
643	643	compensation paid by the institutional division to psychiatrists
644	644	employed by the division should be similar to the amount of
645	645	compensation authorized for the Health and Human Services
646	646	Commission [Texas Department of Mental Health and Mental
647	647	Retardation] to pay to psychiatrists [employed by the Texas
648	648	Department of Mental Health and Mental Retardation].
649	649	SECTION 5.14. Sections 501.093(a) and (c), Government Code,
650	650	are amended to read as follows:
651	651	(a) The department and[,] the Health and Human Services
652	652	Commission [Texas Department of Mental Health and Mental
653	653	Retardation, and the Texas Commission on Alcohol and Drug Abuse]
654	654	shall by rule adopt a memorandum of understanding that establishes
655	655	their respective responsibilities to establish a continuity of care
656	656	program for inmates with a history of drug or alcohol abuse.
657	657	(c) The memorandum of understanding must establish methods
658	658	for:
659	659	(1) identifying inmates with a history of drug or
660	660	alcohol abuse;
661	661	(2) notifying the pardons and paroles division and the
662	662	Health and Human Services Commission[, the Texas Department of
663	663	Mental Health and Mental Retardation, and the commission] as to
664	664	when an inmate with a history of drug or alcohol abuse is to be
665	665	released and as to the inmate's release destination;
666	666	(3) identifying the services needed by inmates with a
667	667	history of drug or alcohol abuse to reenter the community
668	668	successfully; and
669	669	(4) determining the manner in which each agency that
670	670	participates in the establishment of the memorandum can share
671	671	information about inmates and use that information to provide
672	672	continuity of care.
673	673	SECTION 5.15. Section 501.113(b), Government Code, is
674	674	amended to read as follows:
675	675	(b) The institutional division shall house the following
676	676	classes of inmates in single occupancy cells:
677	677	(1) inmates confined in death row segregation;
678	678	(2) inmates confined in administrative segregation;
679	679	(3) inmates assessed as having intellectual
680	680	disabilities [mentally retarded] and whose habilitation plans
681	681	recommend housing in a single occupancy cell;
682	682	(4) inmates with a diagnosed psychiatric illness being
683	683	treated on an inpatient or outpatient basis whose individual
684	684	treatment plans recommend housing in single occupancy cells; and
685	685	(5) inmates whose medical treatment plans recommend
686	686	housing in a single occupancy cell.
687	687	SECTION 5.16. Section 507.031(a), Government Code, is
688	688	amended to read as follows:
689	689	(a) The director of a state jail felony facility may grant a
690	690	furlough to a defendant so that the defendant may:
691	691	(1) obtain a medical diagnosis or medical treatment;
692	692	(2) obtain treatment and supervision at a [Texas
693	693	Department of Mental Health and Mental Retardation] facility
694	694	operated by the Health and Human Services Commission;
695	695	(3) attend a funeral or visit a critically ill
696	696	relative; or
697	697	(4) participate in a programmatic activity sanctioned
698	698	by the state jail division.
699	699	SECTION 5.17. Section 508.223, Government Code, is amended
700	700	to read as follows:
701	701	Sec. 508.223. PSYCHOLOGICAL COUNSELING. A parole panel may
702	702	require as a condition of parole or mandatory supervision that a
703	703	releasee serving a sentence for an offense under Section 42.072,
704	704	Penal Code, attend psychological counseling sessions of a type and
705	705	for a duration as specified by the parole panel, if the parole panel
706	706	determines in consultation with a local mental health services
707	707	provider that appropriate mental health services are available
708	708	through the [Texas] Department of State Health Services [Mental
709	709	Health and Mental Retardation] in accordance with Section 534.053,
710	710	Health and Safety Code, or through another mental health services
711	711	provider.
712	712	SECTION 5.18. Section 508.316(a), Government Code, is
713	713	amended to read as follows:
714	714	(a) The department may contract for services for releasees
715	715	if funds are appropriated to the department for the services,
716	716	including services for releasees who have a history of:
717	717	(1) mental impairment or intellectual disability
718	718	[mental retardation];
719	719	(2) substance abuse; or
720	720	(3) sexual offenses.
721	721	SECTION 5.19. Section 659.015(j), Government Code, is
722	722	amended to read as follows:
723	723	(j) With authorization from the administrative head of the
724	724	agency for which an employee works, or that person's designee, an
725	725	employee employed by a state mental health facility or an
726	726	intellectual disability [mental retardation] facility may be paid
727	727	for any unused compensatory time if the employing agency determines
728	728	that taking the compensatory time off would disrupt the normal
729	729	business functions of the agency.
730	730	SECTION 5.20. Section 659.016(j), Government Code, is
731	731	amended to read as follows:
732	732	(j) With authorization from the administrative head of the
733	733	agency for which an employee works, or that person's designee, an
734	734	employee employed by a state mental health facility or an
735	735	intellectual disability [mental retardation] facility may be paid
736	736	for any unused compensatory time if the employing agency determines
737	737	that taking the compensatory time off would disrupt the normal
738	738	business functions of the agency.
739	739	SECTION 5.21. The heading to Chapter 1401, Government Code,
740	740	is amended to read as follows:
741	741	CHAPTER 1401. BONDS FOR CERTAIN CRIMINAL JUSTICE, [OR] MENTAL
742	742	HEALTH, OR INTELLECTUAL DISABILITY [AND MENTAL RETARDATION]
743	743	FACILITIES
744	744	SECTION 5.22. Sections 1401.041(b) and (c), Government
745	745	Code, are amended to read as follows:
746	746	(b) As provided by Section 49-h(c), Article III, Texas
747	747	Constitution, as that section existed September 1, 1999, the
748	748	authority may:
749	749	(1) issue general obligation bonds in an amount not to
750	750	exceed $400 million; and
751	751	(2) distribute the bond proceeds to any appropriate
752	752	agency to:
753	753	(A) acquire, construct, or equip a new facility;
754	754	or
755	755	(B) make a major repair of or renovate a
756	756	facility, corrections institution, youth corrections institution,
757	757	[or] mental health institution, or intellectual disability [and
758	758	mental retardation] institution.
759	759	(c) As provided by Section 49-h(d), Article III, Texas
760	760	Constitution, as that section existed September 1, 1999, the
761	761	authority may:
762	762	(1) issue general obligation bonds in an amount not to
763	763	exceed $1.055 billion and distribute the bond proceeds to any
764	764	appropriate agency to:
765	765	(A) acquire, construct, or equip a:
766	766	(i) new prison or substance abuse felony
767	767	punishment facility to confine criminals; or
768	768	(ii) youth corrections institution;
769	769	(B) make a major repair of or renovate a prison
770	770	facility or youth corrections institution; or
771	771	(C) acquire, make a major repair of, or renovate
772	772	a facility for use as a state prison, a substance abuse felony
773	773	punishment facility, or a facility in which a pilot program
774	774	established as provided by Section 614.011, Health and Safety Code,
775	775	is conducted;
776	776	(2) issue general obligation bonds in an amount not to
777	777	exceed $45 million and distribute the bond proceeds to any
778	778	appropriate agency to:
779	779	(A) acquire, construct, or equip a new mental
780	780	health facility or intellectual disability [mental retardation]
781	781	facility, including a community-based mental health facility or
782	782	community-based intellectual disability [mental retardation]
783	783	facility; or
784	784	(B) make a major repair of or renovate a mental
785	785	health facility or intellectual disability [mental retardation]
786	786	facility; and
787	787	(3) issue general obligation bonds in an amount not to
788	788	exceed $50 million and distribute the bond proceeds to any
789	789	appropriate agency to:
790	790	(A) acquire, construct, or equip a new youth
791	791	corrections facility; or
792	792	(B) make a major repair of or renovate a youth
793	793	corrections facility.
794	794	SECTION 5.23. Section 1401.061(a), Government Code, is
795	795	amended to read as follows:
796	796	(a) The authority may:
797	797	(1) issue revenue bonds; and
798	798	(2) distribute the bond proceeds to any appropriate
799	799	agency to:
800	800	(A) acquire, construct, or equip a new facility;
801	801	or
802	802	(B) make a major repair of or renovate a:
803	803	(i) facility;
804	804	(ii) corrections institution, including a
805	805	facility authorized by Section 495.001(a) or 495.021(a);
806	806	(iii) criminal justice facility for the
807	807	Texas Department of Criminal Justice;
808	808	(iv) youth corrections institution; or
809	809	(v) mental health institution or
810	810	intellectual disability [and mental retardation] institution.
811	811	SECTION 5.24. Section 2052.003(b), Government Code, is
812	812	amended to read as follows:
813	813	(b) In this section, "individual with a disability" means an
814	814	individual who has:
815	815	(1) a mental disability or impairment, including an
816	816	intellectual disability [mental retardation]; or
817	817	(2) a physical disability or impairment, including:
818	818	(A) an impairment of hearing, speech, or vision;
819	819	(B) blindness;
820	820	(C) deafness; or
821	821	(D) a crippling condition that requires special
822	822	ambulatory devices or services.
823	823	SECTION 5.25. Section 2155.202, Government Code, is amended
824	824	to read as follows:
825	825	Sec. 2155.202. [MENTAL HEALTH AND MENTAL RETARDATION]
826	826	COMMUNITY CENTERS; ASSISTANCE ORGANIZATIONS; CHILD-CARE PROVIDERS.
827	827	The following entities may purchase goods and services through the
828	828	comptroller:
829	829	(1) a community center for mental health services or
830	830	intellectual disability [and mental retardation] services that
831	831	receives state grants-in-aid under Subchapter B, Chapter 534,
832	832	Health and Safety Code;
833	833	(2) an assistance organization as defined by Section
834	834	2175.001 that receives state funds; and
835	835	(3) a child-care provider that meets Texas Rising Star
836	836	Program certification criteria.
837	837	SECTION 5.26. The heading to Section 2155.441, Government
838	838	Code, is amended to read as follows:
839	839	Sec. 2155.441. PREFERENCE FOR PRODUCTS OF PERSONS WITH
840	840	INTELLECTUAL [MENTAL RETARDATION] OR PHYSICAL DISABILITIES.
841	841	SECTION 5.27. Section 2155.441(a), Government Code, is
842	842	amended to read as follows:
843	843	(a) The products of workshops, organizations, or
844	844	corporations whose primary purpose is training and employing
845	845	individuals having an intellectual disability [mental retardation]
846	846	or a physical disability shall be given preference if they meet
847	847	state specifications regarding quantity, quality, delivery, life
848	848	cycle costs, and price.
849	849	SECTION 5.28. Section 2167.001(b), Government Code, is
850	850	amended to read as follows:
851	851	(b) This chapter does not apply to:
852	852	(1) radio antenna space;
853	853	(2) residential space for a [Texas] Department of
854	854	State Health Services or Health and Human Services Commission
855	855	[Mental Health and Mental Retardation] program;
856	856	(3) residential space for a Texas Juvenile Justice
857	857	Department program;
858	858	(4) space to be used for less than one month for
859	859	meetings, conferences, conventions, seminars, displays,
860	860	examinations, auctions, or similar purposes;
861	861	(5) district office space for members of the
862	862	legislature;
863	863	(6) space used by the Texas Workforce Commission;
864	864	(7) residential property acquired by the Texas
865	865	Department of Housing and Community Affairs or the Texas State
866	866	Affordable Housing Corporation that is offered for sale or rental
867	867	to individuals and families of low or very low income or families of
868	868	moderate income;
869	869	(8) except as provided by Section 2167.007, space for
870	870	a university system or institution of higher education;
871	871	(9) space leased by the Texas Veterans Commission to
872	872	administer the veterans employment services program; or
873	873	(10) space for the Texas Department of Motor Vehicles.
874	874	SECTION 5.29. Section 2171.055(k), Government Code, is
875	875	amended to read as follows:
876	876	(k) An officer or employee of a qualified cooperative entity
877	877	who is engaged in official business of the qualified cooperative
878	878	entity may participate in the comptroller's contracts for travel
879	879	services. The comptroller shall adopt rules and make or amend
880	880	contracts as necessary to administer this subsection. For purposes
881	881	of this subsection, a "qualified cooperative entity" includes:
882	882	(1) a local government, as defined by Section 271.081,
883	883	Local Government Code;
884	884	(2) a community center for mental health services or
885	885	intellectual disability [and mental retardation] services
886	886	described by Section 2155.202(1);
887	887	(3) an assistance organization, as defined by Section
888	888	2175.001, that receives any state funds; and
889	889	(4) a political subdivision, as defined by Section
890	890	791.003.
891	891	SECTION 5.30. Section 2171.104(b), Government Code, is
892	892	amended to read as follows:
893	893	(b) The Texas Department of Transportation, Department of
894	894	Public Safety of the State of Texas, [Texas Department of Mental
895	895	Health and Mental Retardation,] Parks and Wildlife Department, and
896	896	Texas Department of Criminal Justice shall assist the office of
897	897	vehicle fleet management in preparing the management plan for the
898	898	state's vehicle fleet.
899	899	ARTICLE 6. HEALTH AND SAFETY CODE PROVISIONS
900	900	SECTION 6.01. Sections 33.001(1-b), (2), and (4), Health
901	901	and Safety Code, are amended to read as follows:
902	902	(1-b) "Heritable disease" means an inherited disease
903	903	that may result in a [mental or] physical or intellectual
904	904	disability [retardation] or death.
905	905	(2) "Hypothyroidism" means a condition that may cause
906	906	a severe intellectual disability [mental retardation] if not
907	907	treated.
908	908	(4) "Phenylketonuria" means an inherited condition
909	909	that may cause a severe intellectual disability [mental
910	910	retardation] if not treated.
911	911	SECTION 6.02. Section 33.002(a), Health and Safety Code, is
912	912	amended to read as follows:
913	913	(a) The department shall carry out a program to combat
914	914	morbidity, including intellectual disability [mental retardation],
915	915	and mortality in persons who have phenylketonuria, other heritable
916	916	diseases, or hypothyroidism.
917	917	SECTION 6.03. Section 281.094(a), Health and Safety Code,
918	918	is amended to read as follows:
919	919	(a) With the approval of the Nueces County Commissioners
920	920	Court, the board of the Nueces County Hospital District may use
921	921	funds made available to the district from sources other than a tax
922	922	levy to fund health care services, including public health
923	923	services, mental health services, intellectual disability [and
924	924	mental retardation] services, emergency medical services, health
925	925	services provided to persons confined in jail facilities, and for
926	926	other health related purposes.
927	927	SECTION 6.04. Section 431.4031(b), Health and Safety Code,
928	928	is amended to read as follows:
929	929	(b) A state agency or a political subdivision of this state
930	930	that distributes prescription drugs using federal or state funding
931	931	to nonprofit health care facilities, [or] local mental health
932	932	authorities, or local intellectual and developmental disability
933	933	[mental retardation] authorities for distribution to a pharmacy,
934	934	practitioner, or patient is exempt from Sections 431.405(b),
935	935	431.407, 431.412, and 431.413.
936	936	SECTION 6.05. The heading to Section 531.0021, Health and
937	937	Safety Code, is amended to read as follows:
938	938	Sec. 531.0021. REFERENCE TO STATE SCHOOL OR [,]
939	939	SUPERINTENDENT [, OR LOCAL MENTAL RETARDATION AUTHORITY].
940	940	SECTION 6.06. The heading to Subtitle E, Title 7, Health and
941	941	Safety Code, is amended to read as follows:
942	942	SUBTITLE E. SPECIAL PROVISIONS RELATING TO MENTAL ILLNESS AND
943	943	INTELLECTUAL DISABILITY [MENTAL RETARDATION]
944	944	SECTION 6.07. The heading to Chapter 613, Health and Safety
945	945	Code, is amended to read as follows:
946	946	CHAPTER 613. KIDNEY DONATION BY WARD WITH INTELLECTUAL DISABILITY
947	947	[MENTAL RETARDATION]
948	948	SECTION 6.08. Section 613.001, Health and Safety Code, is
949	949	amended to read as follows:
950	950	Sec. 613.001. DEFINITION. In this chapter, "ward with an
951	951	intellectual disability [mental retardation]" means a ward who is a
952	952	person with an intellectual disability [mental retardation], as
953	953	defined by Subtitle D.
954	954	SECTION 6.09. Section 613.002, Health and Safety Code, is
955	955	amended to read as follows:
956	956	Sec. 613.002. COURT ORDER AUTHORIZING KIDNEY DONATION. A
957	957	district court may authorize the donation of a kidney of a ward with
958	958	an intellectual disability [mental retardation] to a father,
959	959	mother, son, daughter, brother, or sister of the ward if:
960	960	(1) the guardian of the ward with an intellectual
961	961	disability [mental retardation] consents to the donation;
962	962	(2) the ward is 12 years of age or older;
963	963	(3) the ward assents to the kidney transplant;
964	964	(4) the ward has two kidneys;
965	965	(5) without the transplant the donee will soon die or
966	966	suffer severe and progressive deterioration, and with the
967	967	transplant the donee will probably benefit substantially;
968	968	(6) there are no medically preferable alternatives to
969	969	a kidney transplant for the donee;
970	970	(7) the risks of the operation and the long-term risks
971	971	to the ward are minimal;
972	972	(8) the ward will not likely suffer psychological
973	973	harm; and
974	974	(9) the transplant will promote the ward's best
975	975	interests.
976	976	SECTION 6.10. Section 613.003, Health and Safety Code, is
977	977	amended to read as follows:
978	978	Sec. 613.003. PETITION FOR COURT ORDER. The guardian of the
979	979	person of a ward with an intellectual disability [mental
980	980	retardation] may petition a district court having jurisdiction of
981	981	the guardian for an order authorizing the ward to donate a kidney
982	982	under Section 613.002.
983	983	SECTION 6.11. Section 613.004(c), Health and Safety Code,
984	984	is amended to read as follows:
985	985	(c) The court shall appoint an attorney ad litem and a
986	986	guardian ad litem to represent the interest of the ward with an
987	987	intellectual disability [mental retardation]. Neither person
988	988	appointed may be related to the ward within the second degree by
989	989	consanguinity.
990	990	SECTION 6.12. Section 613.005, Health and Safety Code, is
991	991	amended to read as follows:
992	992	Sec. 613.005. INTERVIEW AND EVALUATION ORDER BY COURT. (a)
993	993	Before the eighth day after the date of the hearing, the court shall
994	994	interview the ward with an intellectual disability [mental
995	995	retardation] to determine if the ward assents to the donation. The
996	996	interview shall be conducted in chambers and out of the presence of
997	997	the guardian.
998	998	(b) If the court considers it necessary, the court may order
999	999	the performance of a determination of intellectual disability
1000	1000	[mental retardation], as provided by Section 593.005, to help the
1001	1001	court evaluate the ward's capacity to agree to the donation.
1002	1002	ARTICLE 7. HUMAN RESOURCES CODE PROVISIONS
1003	1003	SECTION 7.01. Section 221.056(a), Human Resources Code, is
1004	1004	amended to read as follows:
1005	1005	(a) The department may contract with a local mental health
1006	1006	authority and local intellectual and developmental disability [and
1007	1007	mental retardation] authority for the establishment of a
1008	1008	residential treatment facility for juveniles with mental illness or
1009	1009	emotional injury who, as a condition of juvenile probation, are
1010	1010	ordered by a court to reside at the facility and receive education
1011	1011	services at the facility. The department may work in cooperation
1012	1012	with the local mental health authority and local intellectual and
1013	1013	developmental disability [and mental retardation] authority to
1014	1014	provide mental health residential treatment services for juveniles
1015	1015	residing at a facility established under this section.
1016	1016	SECTION 7.02. The heading to Section 244.011, Human
1017	1017	Resources Code, is amended to read as follows:
1018	1018	Sec. 244.011. CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL
1019	1019	DISABILITY [MENTAL RETARDATION].
1020	1020	SECTION 7.03. Sections 244.011(a), (b), (e), (f), and (g),
1021	1021	Human Resources Code, are amended to read as follows:
1022	1022	(a) The department shall accept a child committed to the
1023	1023	department who is a person with a mental illness or a person with an
1024	1024	intellectual disability [mentally ill or mentally retarded].
1025	1025	(b) Unless a child is committed to the department under a
1026	1026	determinate sentence under Section 54.04(d)(3), 54.04(m), or
1027	1027	54.05(f), Family Code, the department shall discharge a child who
1028	1028	is a person with a mental illness or a person with an intellectual
1029	1029	disability [mentally ill or mentally retarded] from its custody if:
1030	1030	(1) the child has completed the minimum length of stay
1031	1031	for the child's committing offense; and
1032	1032	(2) the department determines that the child is unable
1033	1033	to progress in the department's rehabilitation programs because of
1034	1034	the child's mental illness or intellectual disability [mental
1035	1035	retardation].
1036	1036	(e) If a child who is discharged from the department under
1037	1037	Subsection (b) as a result of an intellectual disability [mental
1038	1038	retardation] is not receiving intellectual disability [mental
1039	1039	retardation] services, the child's discharge is effective on the
1040	1040	earlier of:
1041	1041	(1) the date the court enters an order regarding an
1042	1042	application for intellectual disability [mental retardation]
1043	1043	services filed under Section 244.012(b); or
1044	1044	(2) the 30th day after the date that the application is
1045	1045	filed.
1046	1046	(f) If a child who is discharged from the department under
1047	1047	Subsection (b) as a result of an intellectual disability [mental
1048	1048	retardation] is receiving intellectual disability [mental
1049	1049	retardation] services, the child's discharge from the department is
1050	1050	effective immediately.
1051	1051	(g) If a child who is a person with a mental illness or a
1052	1052	person with an intellectual disability [mentally ill or mentally
1053	1053	retarded] is discharged from the department under Subsection (b),
1054	1054	the child is eligible to receive continuity of care services from
1055	1055	the Texas Correctional Office on Offenders with Medical or Mental
1056	1056	Impairments under Chapter 614, Health and Safety Code.
1057	1057	SECTION 7.04. Sections 244.012(a) and (c), Human Resources
1058	1058	Code, are amended to read as follows:
1059	1059	(a) The department shall establish a system that identifies
1060	1060	children in the department's custody who have a mental illness or an
1061	1061	intellectual disability [are mentally ill or mentally retarded].
1062	1062	(c) Before a child who is identified as a person with an
1063	1063	intellectual disability [mentally retarded] under Chapter 593,
1064	1064	Health and Safety Code, is discharged from the department's custody
1065	1065	under Section 244.011(b), the department shall refer the child for
1066	1066	intellectual disability [mental retardation] services if the child
1067	1067	is not receiving those [mental retardation] services.
1068	1068	ARTICLE 8. INSURANCE CODE PROVISIONS
1069	1069	SECTION 8.01. Sections 843.002(18) and (21), Insurance
1070	1070	Code, are amended to read as follows:
1071	1071	(18) "Limited health care services" means:
1072	1072	(A) services for mental health, chemical
1073	1073	dependency, or intellectual disability [mental retardation], or
1074	1074	any combination of those services; or
1075	1075	(B) an organized long-term care service delivery
1076	1076	system that provides for diagnostic, preventive, therapeutic,
1077	1077	rehabilitative, and personal care services required by an
1078	1078	individual with a loss in functional capacity on a long-term basis.
1079	1079	(21) "Person" means any natural or artificial person,
1080	1080	including an individual, partnership, association, corporation,
1081	1081	organization, trust, hospital district, community mental health
1082	1082	center, intellectual disability [mental retardation] center,
1083	1083	mental health [and mental retardation] center, limited liability
1084	1084	company, or limited liability partnership or the statewide rural
1085	1085	health care system under Chapter 845.
1086	1086	SECTION 8.02. Section 1201.059(a), Insurance Code, is
1087	1087	amended to read as follows:
1088	1088	(a) An accident and health insurance policy, including an
1089	1089	individual, blanket, or group policy, and including a policy issued
1090	1090	by a corporation operating under Chapter 842, that provides that
1091	1091	coverage of a child terminates when the child attains a limiting age
1092	1092	specified in the policy must provide in substance that the child's
1093	1093	attainment of that age does not terminate coverage while the child
1094	1094	is:
1095	1095	(1) incapable of self-sustaining employment because
1096	1096	of an intellectual [mental retardation] or physical disability; and
1097	1097	(2) chiefly dependent on the insured or group member
1098	1098	for support and maintenance.
1099	1099	SECTION 8.03. Section 1305.004(a)(18), Insurance Code, is
1100	1100	amended to read as follows:
1101	1101	(18) "Person" means any natural or artificial person,
1102	1102	including an individual, partnership, association, corporation,
1103	1103	organization, trust, hospital district, community mental health
1104	1104	center, intellectual disability [mental retardation] center,
1105	1105	mental health [and mental retardation] center, limited liability
1106	1106	company, or limited liability partnership.
1107	1107	SECTION 8.04. Section 1355.056(c), Insurance Code, is
1108	1108	amended to read as follows:
1109	1109	(c) Treatment provided to an individual by a crisis
1110	1110	stabilization unit licensed or certified by the Health and Human
1111	1111	Services Commission [Texas Department of Mental Health and Mental
1112	1112	Retardation] shall be reimbursed.
1113	1113	SECTION 8.05. Section 1355.058, Insurance Code, is amended
1114	1114	to read as follows:
1115	1115	Sec. 1355.058. HEALTH AND HUMAN SERVICES COMMISSION
1116	1116	ASSISTANCE [OF THE TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL
1117	1117	RETARDATION]. (a) The Health and Human Services Commission [Texas
1118	1118	Department of Mental Health and Mental Retardation] shall assist
1119	1119	the department in carrying out the department's responsibilities
1120	1120	under this subchapter.
1121	1121	(b) The department and the Health and Human Services
1122	1122	Commission [Texas Department of Mental Health and Mental
1123	1123	Retardation] by rule may adopt a memorandum of understanding to
1124	1124	carry out this subchapter.
1125	1125	SECTION 8.06. Section 1355.202, Insurance Code, is amended
1126	1126	to read as follows:
1127	1127	Sec. 1355.202. PROHIBITION OF EXCLUSION OF MENTAL HEALTH OR
1128	1128	INTELLECTUAL DISABILITY [MENTAL RETARDATION] BENEFITS FOR
1129	1129	TREATMENT BY TAX-SUPPORTED INSTITUTION. (a) An individual or
1130	1130	group accident and health insurance policy delivered or issued for
1131	1131	delivery to a person in this state that provides coverage for mental
1132	1132	illness or intellectual disability [mental retardation] may not
1133	1133	exclude benefits under that coverage for support, maintenance, and
1134	1134	treatment provided by a tax-supported institution of this state, or
1135	1135	by a community center for mental health services or intellectual
1136	1136	disability [mental retardation] services, that regularly and
1137	1137	customarily charges patients who are not indigent for those
1138	1138	services.
1139	1139	(b) In determining whether a patient is not indigent, as
1140	1140	provided by Subchapter B, Chapter 552, Health and Safety Code, a
1141	1141	tax-supported institution of this state or a community center for
1142	1142	mental health services or intellectual disability [mental
1143	1143	retardation] services shall consider any insurance policy or
1144	1144	policies that provide coverage to the patient for mental illness or
1145	1145	intellectual disability [mental retardation].
1146	1146	SECTION 8.07. Section 1359.001, Insurance Code, is amended
1147	1147	to read as follows:
1148	1148	Sec. 1359.001. DEFINITIONS. In this chapter:
1149	1149	(1) "Heritable disease" means an inherited disease
1150	1150	that may result in a [mental or] physical or intellectual
1151	1151	disability [retardation] or death.
1152	1152	(2) "Phenylketonuria" means an inherited condition
1153	1153	that, if not treated, may cause a severe intellectual disability
1154	1154	[mental retardation].
1155	1155	SECTION 8.08. Section 1601.004(a), Insurance Code, is
1156	1156	amended to read as follows:
1157	1157	(a) In this chapter, "dependent," with respect to an
1158	1158	individual eligible to participate in the uniform program under
1159	1159	Section 1601.101 or 1601.102, means the individual's:
1160	1160	(1) spouse;
1161	1161	(2) unmarried child younger than 25 years of age; and
1162	1162	(3) child of any age who lives with or has the child's
1163	1163	care provided by the individual on a regular basis if the child is a
1164	1164	person with an intellectual disability [is mentally retarded] or is
1165	1165	physically incapacitated to the extent that the child is dependent
1166	1166	on the individual for care or support, as determined by the system.
1167	1167	ARTICLE 9. LABOR CODE PROVISIONS
1168	1168	SECTION 9.01. The heading to Section 62.057, Labor Code, is
1169	1169	amended to read as follows:
1170	1170	Sec. 62.057. PATIENTS AND CLIENTS OF [TEXAS] DEPARTMENT OF
1171	1171	STATE [MENTAL] HEALTH SERVICES [AND MENTAL RETARDATION].
1172	1172	SECTION 9.02. Section 62.057(a), Labor Code, is amended to
1173	1173	read as follows:
1174	1174	(a) A person may be compensated for services rendered to the
1175	1175	[Texas] Department of State [Mental] Health Services [and Mental
1176	1176	Retardation] or a department facility at a percentage of the base
1177	1177	wage adopted under this section if:
1178	1178	(1) the person is a patient or client of a department
1179	1179	facility;
1180	1180	(2) the person's productive capacity is impaired;
1181	1181	(3) the person:
1182	1182	(A) assists in the operation of the facility as
1183	1183	part of the person's therapy; or
1184	1184	(B) receives occupational training in a
1185	1185	sheltered workshop or other program operated by the department; and
1186	1186	(4) the facility or department derives an economic
1187	1187	benefit from the person's services.
1188	1188	SECTION 9.03. Section 406.098(b)(4), Labor Code, is amended
1189	1189	to read as follows:
1190	1190	(4) "Political subdivision" means a county,
1191	1191	municipality, special district, school district, junior college
1192	1192	district, housing authority, community center [for mental health
1193	1193	and mental retardation services] established under Subchapter A,
1194	1194	Chapter 534, Health and Safety Code, or any other legally
1195	1195	constituted political subdivision of the state.
1196	1196	SECTION 9.04. Section 504.001(3), Labor Code, is amended to
1197	1197	read as follows:
1198	1198	(3) "Political subdivision" means a county,
1199	1199	municipality, special district, school district, junior college
1200	1200	district, housing authority, community center [for mental health
1201	1201	and mental retardation services] established under Subchapter A,
1202	1202	Chapter 534, Health and Safety Code, or any other legally
1203	1203	constituted political subdivision of the state.
1204	1204	ARTICLE 10. LOCAL GOVERNMENT CODE PROVISIONS
1205	1205	SECTION 10.01. Section 244.006, Local Government Code, is
1206	1206	amended to read as follows:
1207	1207	Sec. 244.006. EXEMPTIONS. This subchapter does not apply
1208	1208	to the operation of a correctional or rehabilitation facility at a
1209	1209	location subject to this subchapter if:
1210	1210	(1) on September 1, 1997, the correctional or
1211	1211	rehabilitation facility was in operation, under construction,
1212	1212	under contract for operation or construction, or planned for
1213	1213	construction at the location on land owned or leased by an agency or
1214	1214	political subdivision of the state and designated for use as a
1215	1215	correctional or rehabilitation facility;
1216	1216	(2) the correctional or rehabilitation facility was in
1217	1217	operation or under construction before the establishment of a
1218	1218	residential area the location of which makes the facility subject
1219	1219	to this subchapter;
1220	1220	(3) the correctional or rehabilitation facility is a
1221	1221	temporary correctional or rehabilitation facility that will be
1222	1222	operated at the location for less than one year;
1223	1223	(4) the correctional or rehabilitation facility is
1224	1224	required to obtain a special use permit or a conditional use permit
1225	1225	from the municipality in which the facility is located before
1226	1226	beginning operation;
1227	1227	(5) the correctional or rehabilitation facility is an
1228	1228	expansion of a facility operated by the correctional institutions
1229	1229	division of the Texas Department of Criminal Justice for the
1230	1230	imprisonment of individuals convicted of felonies other than state
1231	1231	jail felonies or by the Texas Juvenile Justice Department;
1232	1232	(6) the correctional or rehabilitation facility is a
1233	1233	county jail or a pre-adjudication or post-adjudication juvenile
1234	1234	detention facility operated by a county or county juvenile board;
1235	1235	(7) the facility is:
1236	1236	(A) a juvenile probation office located at, and
1237	1237	operated in conjunction with, a juvenile justice alternative
1238	1238	education center; and
1239	1239	(B) used exclusively by students attending the
1240	1240	juvenile justice alternative education center;
1241	1241	(8) the facility is a public or private institution of
1242	1242	higher education or vocational training to which admission is open
1243	1243	to the general public;
1244	1244	(9) the facility is operated primarily as a treatment
1245	1245	facility for juveniles under contract with the Health and Human
1246	1246	[Department of Aging and Disability] Services Commission, [or] the
1247	1247	Department of State Health Services, [or] a local mental health
1248	1248	authority, or a local intellectual and developmental disability
1249	1249	[mental retardation] authority;
1250	1250	(10) the facility is operated as a juvenile justice
1251	1251	alternative education program;
1252	1252	(11) the facility:
1253	1253	(A) is not operated primarily as a correctional
1254	1254	or rehabilitation facility; and
1255	1255	(B) only houses persons or children described by
1256	1256	Section 244.001(1)(B) for a purpose related to treatment or
1257	1257	education; or
1258	1258	(12) the facility is a probation or parole office
1259	1259	located in a commercial use area.
1260	1260	ARTICLE 11. OCCUPATIONS CODE PROVISIONS
1261	1261	SECTION 11.01. Section 1701.404(b), Occupations Code, is
1262	1262	amended to read as follows:
1263	1263	(b) The commission may certify a sheriff, sheriff's deputy,
1264	1264	constable, other peace officer, county jailer, or justice of the
1265	1265	peace as a special officer for offenders with mental impairments if
1266	1266	the person:
1267	1267	(1) completes a training course in emergency first aid
1268	1268	and lifesaving techniques approved by the commission;
1269	1269	(2) completes a training course administered by the
1270	1270	commission on mental health issues and offenders with mental
1271	1271	impairments; and
1272	1272	(3) passes an examination administered by the
1273	1273	commission that is designed to test the person's:
1274	1274	(A) knowledge and recognition of the
1275	1275	characteristics and symptoms of mental illness [, mental
1276	1276	retardation,] and intellectual disability [mental disabilities];
1277	1277	and
1278	1278	(B) knowledge of mental health crisis
1279	1279	intervention strategies for people with mental impairments.
1280	1280	ARTICLE 12. TRANSPORTATION CODE PROVISIONS
1281	1281	SECTION 12.01. Section 201.603, Transportation Code, is
1282	1282	amended to read as follows:
1283	1283	Sec. 201.603. AGREEMENT WITH OTHER AGENCIES FOR ROADS. (a)
1284	1284	On request of the Health and Human Services Commission [Texas
1285	1285	Department of Mental Health and Mental Retardation] or the Texas
1286	1286	Juvenile Justice Department, the department may enter into
1287	1287	agreements with either agency [department] for the construction,
1288	1288	maintenance, or repair of roads in an institution, hospital, or
1289	1289	school under the control, management, or supervision of that agency
1290	1290	[department].
1291	1291	(b) The Health and Human Services Commission [Texas
1292	1292	Department of Mental Health and Mental Retardation] or the Texas
1293	1293	Juvenile Justice Department may reimburse the appropriate fund of
1294	1294	the department for the cost of construction or maintenance
1295	1295	performed under Subsection (a). Before a transfer of an amount
1296	1296	under this subsection, the reimbursing agency shall notify in
1297	1297	writing the comptroller of the amount to be transferred and the fund
1298	1298	from which the amount is to be taken.
1299	1299	ARTICLE 13. TAX CODE PROVISIONS
1300	1300	SECTION 13.01. Section 171.1011(p)(2), Tax Code, is amended
1301	1301	to read as follows:
1302	1302	(2) "Health care institution" means:
1303	1303	(A) an ambulatory surgical center;
1304	1304	(B) an assisted living facility licensed under
1305	1305	Chapter 247, Health and Safety Code;
1306	1306	(C) an emergency medical services provider;
1307	1307	(D) a home and community support services agency;
1308	1308	(E) a hospice;
1309	1309	(F) a hospital;
1310	1310	(G) a hospital system;
1311	1311	(H) an intermediate care facility for
1312	1312	individuals with an intellectual disability [the mentally
1313	1313	retarded] or a home and community-based services waiver program for
1314	1314	individuals [persons] with an intellectual disability [mental
1315	1315	retardation] adopted in accordance with Section 1915(c) of the
1316	1316	federal Social Security Act (42 U.S.C. Section 1396n);
1317	1317	(I) a birthing center;
1318	1318	(J) a nursing home;
1319	1319	(K) an end stage renal disease facility licensed
1320	1320	under Section 251.011, Health and Safety Code; or
1321	1321	(L) a pharmacy.
1322	1322	ARTICLE 14. REPEALERS
1323	1323	SECTION 14.01. The following provisions of the Health and
1324	1324	Safety Code are repealed:
1325	1325	(1) Section 531.0021(c); and
1326	1326	(2) Sections 591.003(13) and (16).
1327	1327	ARTICLE 15. EFFECTIVE DATE
1328	1328	SECTION 15.01. This Act takes effect September 1, 2023.
1329	1329	______________________________ ______________________________
1330	1330	President of the Senate Speaker of the House
1331	1331	I certify that H.B. No. 446 was passed by the House on March
1332	1332	29, 2023, by the following vote: Yeas 146, Nays 0, 1 present, not
1333	1333	voting.
1334	1334	______________________________
1335	1335	Chief Clerk of the House
1336	1336	I certify that H.B. No. 446 was passed by the Senate on May 3,
1337	1337	2023, by the following vote: Yeas 31, Nays 0.
1338	1338	______________________________
1339	1339	Secretary of the Senate
1340	1340	APPROVED: _____________________
1341	1341	Date
1342	1342	_____________________
1343	1343	Governor