Texas 2023 - 88th Regular

Texas Senate Bill SB332 Compare Versions

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1	1	88R262 EAS-D
2	2	By: Kolkhorst S.B. No. 332
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the terminology used in statute to refer to
8	8	intellectual disability and certain references to abolished health
9	9	and human services agencies.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. CIVIL PRACTICE AND REMEDIES CODE PROVISIONS
12	12	SECTION 1.01. Sections 74.001(a)(11) and (18), Civil
13	13	Practice and Remedies Code, are amended to read as follows:
14	14	(11) "Health care institution" includes:
15	15	(A) an ambulatory surgical center;
16	16	(B) an assisted living facility licensed under
17	17	Chapter 247, Health and Safety Code;
18	18	(C) an emergency medical services provider;
19	19	(D) a health services district created under
20	20	Chapter 287, Health and Safety Code;
21	21	(E) a home and community support services agency;
22	22	(F) a hospice;
23	23	(G) a hospital;
24	24	(H) a hospital system;
25	25	(I) an intermediate care facility for
26	26	individuals with an intellectual disability [the mentally
27	27	retarded] or a home and community-based services waiver program for
28	28	individuals [persons] with an intellectual disability [mental
29	29	retardation] adopted in accordance with Section 1915(c) of the
30	30	federal Social Security Act (42 U.S.C. Section 1396n), as amended;
31	31	(J) a nursing home; or
32	32	(K) an end stage renal disease facility licensed
33	33	under Section 251.011, Health and Safety Code.
34	34	(18) "Intermediate care facility for individuals with
35	35	an intellectual disability [the mentally retarded]" means a
36	36	licensed public or private institution to which Chapter 252, Health
37	37	and Safety Code, applies.
38	38	ARTICLE 2. CODE OF CRIMINAL PROCEDURE PROVISIONS
39	39	SECTION 2.01. Article 46C.001(4), Code of Criminal
40	40	Procedure, is amended to read as follows:
41	41	(4) "Intellectual disability [Mental retardation]"
42	42	has the meaning assigned by Section 591.003, Health and Safety
43	43	Code.
44	44	SECTION 2.02. Article 46C.105(c), Code of Criminal
45	45	Procedure, is amended to read as follows:
46	46	(c) The examiner shall submit a separate report stating the
47	47	examiner's observations and findings concerning:
48	48	(1) whether the defendant is presently a person with a
49	49	mental illness and requires court-ordered mental health services
50	50	under Subtitle C, Title 7, Health and Safety Code; or
51	51	(2) whether the defendant is presently a person with
52	52	an intellectual disability [mental retardation].
53	53	SECTION 2.03. Article 46C.201, Code of Criminal Procedure,
54	54	is amended to read as follows:
55	55	Art. 46C.201. DISPOSITION: NONDANGEROUS CONDUCT. (a) If
56	56	the court determines that the offense of which the person was
57	57	acquitted did not involve conduct that caused serious bodily injury
58	58	to another person, placed another person in imminent danger of
59	59	serious bodily injury, or consisted of a threat of serious bodily
60	60	injury to another person through the use of a deadly weapon, the
61	61	court shall determine whether there is evidence to support a
62	62	finding that the person is a person with a mental illness or an
63	63	intellectual disability [with mental retardation].
64	64	(b) If the court determines that there is evidence to
65	65	support a finding of mental illness or intellectual disability
66	66	[mental retardation], the court shall enter an order transferring
67	67	the person to the appropriate court for civil commitment
68	68	proceedings to determine whether the person should receive
69	69	court-ordered mental health services under Subtitle C, Title 7,
70	70	Health and Safety Code, or be committed to a residential care
71	71	facility to receive intellectual disability [mental retardation]
72	72	services under Subtitle D, Title 7, Health and Safety Code. The
73	73	court may also order the person:
74	74	(1) detained in jail or any other suitable place
75	75	pending the prompt initiation and prosecution of appropriate civil
76	76	proceedings by the attorney representing the state or other person
77	77	designated by the court; or
78	78	(2) placed in the care of a responsible person on
79	79	satisfactory security being given for the acquitted person's proper
80	80	care and protection.
81	81	SECTION 2.04. Article 46C.252(c), Code of Criminal
82	82	Procedure, is amended to read as follows:
83	83	(c) The report must address:
84	84	(1) whether the acquitted person has a mental illness
85	85	or an intellectual disability [mental retardation] and, if so,
86	86	whether the mental illness or intellectual disability [mental
87	87	retardation] is severe;
88	88	(2) whether as a result of any severe mental illness or
89	89	intellectual disability [mental retardation] the acquitted person
90	90	is likely to cause serious harm to another;
91	91	(3) whether as a result of any impairment the
92	92	acquitted person is subject to commitment under Subtitle C or D,
93	93	Title 7, Health and Safety Code;
94	94	(4) prospective treatment and supervision options, if
95	95	any, appropriate for the acquitted person; and
96	96	(5) whether any required treatment and supervision can
97	97	be safely and effectively provided as outpatient or community-based
98	98	treatment and supervision.
99	99	SECTION 2.05. Article 46C.253(b), Code of Criminal
100	100	Procedure, is amended to read as follows:
101	101	(b) At the hearing, the court shall address:
102	102	(1) whether the person acquitted by reason of insanity
103	103	has a severe mental illness or a severe intellectual disability
104	104	[mental retardation];
105	105	(2) whether as a result of any mental illness or
106	106	intellectual disability [mental retardation] the person is likely
107	107	to cause serious harm to another; and
108	108	(3) whether appropriate treatment and supervision for
109	109	any mental illness or intellectual disability [mental retardation]
110	110	rendering the person dangerous to another can be safely and
111	111	effectively provided as outpatient or community-based treatment
112	112	and supervision.
113	113	SECTION 2.06. Article 46C.255(c), Code of Criminal
114	114	Procedure, is amended to read as follows:
115	115	(c) If a hearing is held before a jury and the jury
116	116	determines that the person has a mental illness or an intellectual
117	117	disability [mental retardation] and is likely to cause serious harm
118	118	to another, the court shall determine whether inpatient treatment
119	119	or residential care is necessary to protect the safety of others.
120	120	SECTION 2.07. Article 46C.256(a), Code of Criminal
121	121	Procedure, is amended to read as follows:
122	122	(a) The court shall order the acquitted person committed to
123	123	a mental hospital or other appropriate facility for inpatient
124	124	treatment or residential care if the state establishes by clear and
125	125	convincing evidence that:
126	126	(1) the person has a severe mental illness or a severe
127	127	intellectual disability [mental retardation];
128	128	(2) the person, as a result of that mental illness or
129	129	intellectual disability [mental retardation], is likely to cause
130	130	serious bodily injury to another if the person is not provided with
131	131	treatment and supervision; and
132	132	(3) inpatient treatment or residential care is
133	133	necessary to protect the safety of others.
134	134	SECTION 2.08. Article 46C.257(a), Code of Criminal
135	135	Procedure, is amended to read as follows:
136	136	(a) The court shall order the acquitted person to receive
137	137	outpatient or community-based treatment and supervision if:
138	138	(1) the state establishes by clear and convincing
139	139	evidence that the person:
140	140	(A) has a severe mental illness or a severe
141	141	intellectual disability [mental retardation]; and
142	142	(B) as a result of that mental illness or
143	143	intellectual disability [mental retardation] is likely to cause
144	144	serious bodily injury to another if the person is not provided with
145	145	treatment and supervision; and
146	146	(2) the state fails to establish by clear and
147	147	convincing evidence that inpatient treatment or residential care is
148	148	necessary to protect the safety of others.
149	149	SECTION 2.09. Articles 46C.258(a) and (b), Code of Criminal
150	150	Procedure, are amended to read as follows:
151	151	(a) The head of the facility to which an acquitted person is
152	152	committed has, during the commitment period, a continuing
153	153	responsibility to determine:
154	154	(1) whether the acquitted person continues to have a
155	155	severe mental illness or a severe intellectual disability [mental
156	156	retardation] and is likely to cause serious harm to another because
157	157	of any severe mental illness or severe intellectual disability
158	158	[mental retardation]; and
159	159	(2) if so, whether treatment and supervision cannot be
160	160	safely and effectively provided as outpatient or community-based
161	161	treatment and supervision.
162	162	(b) The head of the facility must notify the committing
163	163	court and seek modification of the order of commitment if the head
164	164	of the facility determines that an acquitted person no longer has a
165	165	severe mental illness or a severe intellectual disability [mental
166	166	retardation], is no longer likely to cause serious harm to another,
167	167	or that treatment and supervision can be safely and effectively
168	168	provided as outpatient or community-based treatment and
169	169	supervision.
170	170	SECTION 2.10. Article 46C.260(d), Code of Criminal
171	171	Procedure, is amended to read as follows:
172	172	(d) The executive commissioner shall appoint a review board
173	173	of five members, including one psychiatrist licensed to practice
174	174	medicine in this state and two persons who work directly with
175	175	persons with mental illnesses or persons with intellectual
176	176	disabilities [mental retardation], to determine whether the person
177	177	is manifestly dangerous and, as a result of the danger the person
178	178	presents, requires continued placement in a maximum security unit.
179	179	SECTION 2.11. Article 46C.263(d), Code of Criminal
180	180	Procedure, is amended to read as follows:
181	181	(d) The court may order that supervision of the acquitted
182	182	person be provided by the appropriate community supervision and
183	183	corrections department or the facility administrator of a community
184	184	center that provides mental health or intellectual disability
185	185	[mental retardation] services.
186	186	SECTION 2.12. Article 46C.268(f), Code of Criminal
187	187	Procedure, is amended to read as follows:
188	188	(f) The court shall discharge the acquitted person from all
189	189	court-ordered commitment and treatment and supervision and
190	190	terminate the court's jurisdiction over the person if the court
191	191	finds that the acquitted person has established by a preponderance
192	192	of the evidence that:
193	193	(1) the acquitted person does not have a severe mental
194	194	illness or a severe intellectual disability [mental retardation];
195	195	or
196	196	(2) the acquitted person is not likely to cause
197	197	serious harm to another because of any severe mental illness or
198	198	intellectual disability [mental retardation].
199	199	ARTICLE 3. FAMILY CODE PROVISIONS
200	200	SECTION 3.01. Sections 51.20(a), (b), (c), and (d), Family
201	201	Code, are amended to read as follows:
202	202	(a) At any stage of the proceedings under this title,
203	203	including when a child is initially detained in a pre-adjudication
204	204	secure detention facility or a post-adjudication secure
205	205	correctional facility, the juvenile court may, at its discretion or
206	206	at the request of the child's parent or guardian, order a child who
207	207	is referred to the juvenile court or who is alleged by a petition or
208	208	found to have engaged in delinquent conduct or conduct indicating a
209	209	need for supervision to be examined by a disinterested expert,
210	210	including a physician, psychiatrist, or psychologist, qualified by
211	211	education and clinical training in mental health or intellectual
212	212	and developmental disabilities [mental retardation] and
213	213	experienced in forensic evaluation, to determine whether the child
214	214	has a mental illness as defined by Section 571.003, Health and
215	215	Safety Code, is a person with an intellectual disability [mental
216	216	retardation] as defined by Section 591.003, Health and Safety Code,
217	217	or suffers from chemical dependency as defined by Section 464.001,
218	218	Health and Safety Code. If the examination is to include a
219	219	determination of the child's fitness to proceed, an expert may be
220	220	appointed to conduct the examination only if the expert is
221	221	qualified under Subchapter B, Chapter 46B, Code of Criminal
222	222	Procedure, to examine a defendant in a criminal case, and the
223	223	examination and the report resulting from an examination under this
224	224	subsection must comply with the requirements under Subchapter B,
225	225	Chapter 46B, Code of Criminal Procedure, for the examination and
226	226	resulting report of a defendant in a criminal case.
227	227	(b) If, after conducting an examination of a child ordered
228	228	under Subsection (a) and reviewing any other relevant information,
229	229	there is reason to believe that the child has a mental illness or an
230	230	intellectual disability [mental retardation] or suffers from
231	231	chemical dependency, the probation department shall refer the child
232	232	to the local mental health authority or local intellectual and
233	233	developmental disability [mental retardation] authority or to
234	234	another appropriate and legally authorized agency or provider for
235	235	evaluation and services, unless the prosecuting attorney has filed
236	236	a petition under Section 53.04.
237	237	(c) If, while a child is under deferred prosecution
238	238	supervision or court-ordered probation, a qualified professional
239	239	determines that the child has a mental illness or an intellectual
240	240	disability [mental retardation] or suffers from chemical
241	241	dependency and the child is not currently receiving treatment
242	242	services for the mental illness, intellectual disability [mental
243	243	retardation], or chemical dependency, the probation department
244	244	shall refer the child to the local mental health authority or local
245	245	intellectual and developmental disability [mental retardation]
246	246	authority or to another appropriate and legally authorized agency
247	247	or provider for evaluation and services.
248	248	(d) A probation department shall report each referral of a
249	249	child to a local mental health authority or local intellectual and
250	250	developmental disability [mental retardation] authority or another
251	251	agency or provider made under Subsection (b) or (c) to the Texas
252	252	Juvenile Justice Department in a format specified by the
253	253	department.
254	254	SECTION 3.02. Section 54.0408, Family Code, is amended to
255	255	read as follows:
256	256	Sec. 54.0408. REFERRAL OF CHILD EXITING PROBATION TO MENTAL
257	257	HEALTH AUTHORITY OR INTELLECTUAL AND DEVELOPMENTAL DISABILITY
258	258	[MENTAL RETARDATION] AUTHORITY. A juvenile probation officer shall
259	259	refer a child who has been determined to have a mental illness or an
260	260	intellectual disability [mental retardation] to an appropriate
261	261	local mental health authority or local intellectual and
262	262	developmental disability [mental retardation] authority at least
263	263	three months before the child is to complete the child's juvenile
264	264	probation term unless the child is currently receiving treatment
265	265	from the local mental health authority or local intellectual and
266	266	developmental disability [mental retardation] authority of the
267	267	county in which the child resides.
268	268	SECTION 3.03. Section 58.0051(a)(2), Family Code, is
269	269	amended to read as follows:
270	270	(2) "Juvenile service provider" means a governmental
271	271	entity that provides juvenile justice or prevention, medical,
272	272	educational, or other support services to a juvenile. The term
273	273	includes:
274	274	(A) a state or local juvenile justice agency as
275	275	defined by Section 58.101;
276	276	(B) health and human services agencies, as
277	277	defined by Section 531.001, Government Code, and the Health and
278	278	Human Services Commission;
279	279	(C) the Department of Family and Protective
280	280	Services;
281	281	(D) the Department of Public Safety;
282	282	(E) the Texas Education Agency;
283	283	(F) an independent school district;
284	284	(G) a juvenile justice alternative education
285	285	program;
286	286	(H) a charter school;
287	287	(I) a local mental health authority or local
288	288	intellectual and developmental disability [mental retardation]
289	289	authority;
290	290	(J) a court with jurisdiction over juveniles;
291	291	(K) a district attorney's office;
292	292	(L) a county attorney's office; and
293	293	(M) a children's advocacy center established
294	294	under Section 264.402.
295	295	ARTICLE 4. FINANCE CODE PROVISIONS
296	296	SECTION 4.01. Section 393.624(a), Finance Code, is amended
297	297	to read as follows:
298	298	(a) A credit access business may not advertise on the
299	299	premises of a nursing facility, assisted living facility, group
300	300	home, intermediate care facility for persons with an intellectual
301	301	disability [mental retardation], or other similar facility subject
302	302	to regulation by the Health and Human Services Commission
303	303	[Department of Aging and Disability Services].
304	304	ARTICLE 5. GOVERNMENT CODE PROVISIONS
305	305	SECTION 5.01. Section 54A.209(a), Government Code, is
306	306	amended to read as follows:
307	307	(a) Except as limited by an order of referral, an associate
308	308	judge may:
309	309	(1) conduct a hearing;
310	310	(2) hear evidence;
311	311	(3) compel production of relevant evidence;
312	312	(4) rule on the admissibility of evidence;
313	313	(5) issue a summons for the appearance of witnesses;
314	314	(6) examine a witness;
315	315	(7) swear a witness for a hearing;
316	316	(8) make findings of fact on evidence;
317	317	(9) formulate conclusions of law;
318	318	(10) rule on pretrial motions;
319	319	(11) recommend the rulings, orders, or judgment to be
320	320	made in a case;
321	321	(12) regulate all proceedings in a hearing before the
322	322	associate judge;
323	323	(13) take action as necessary and proper for the
324	324	efficient performance of the duties required by the order of
325	325	referral;
326	326	(14) order the attachment of a witness or party who
327	327	fails to obey a subpoena;
328	328	(15) order the detention of a witness or party found
329	329	guilty of contempt, pending approval by the referring court as
330	330	provided by Section 54A.214;
331	331	(16) without prejudice to the right to a de novo
332	332	hearing under Section 54A.216, render and sign:
333	333	(A) a final order agreed to in writing as to both
334	334	form and substance by all parties;
335	335	(B) a final default order;
336	336	(C) a temporary order;
337	337	(D) a final order in a case in which a party files
338	338	an unrevoked waiver made in accordance with Rule 119, Texas Rules of
339	339	Civil Procedure, that waives notice to the party of the final
340	340	hearing or waives the party's appearance at the final hearing;
341	341	(E) an order specifying that the court clerk
342	342	shall issue:
343	343	(i) letters testamentary or of
344	344	administration; or
345	345	(ii) letters of guardianship; or
346	346	(F) an order for inpatient or outpatient mental
347	347	health, intellectual disability [mental retardation], or chemical
348	348	dependency services or an order authorizing psychoactive
349	349	medications; and
350	350	(17) sign a final order that includes a waiver of the
351	351	right to a de novo hearing in accordance with Section 54A.216.
352	352	SECTION 5.02. Section 76.003(c), Government Code, is
353	353	amended to read as follows:
354	354	(c) The community justice council shall appoint a community
355	355	justice task force to provide support staff for the development of a
356	356	community justice plan. The task force may consist of any number of
357	357	members, but must [should] include:
358	358	(1) the county or regional director of the Health and
359	359	Human Services Commission, or the division of the commission
360	360	performing the functions previously performed by the Texas
361	361	Department of Human Services, with responsibility for the area
362	362	served by the department;
363	363	(2) the chief of police of the most populous
364	364	municipality served by the department;
365	365	(3) the chief juvenile probation officer of the
366	366	juvenile probation office serving the most populous area served by
367	367	the department;
368	368	(4) the superintendent of the most populous school
369	369	district served by the department;
370	370	(5) the supervisor of the Department of Public Safety
371	371	region closest to the department, or the supervisor's designee;
372	372	(6) the county or regional director of the Health and
373	373	Human Services Commission, or the division of the commission
374	374	performing the functions previously performed by the Texas
375	375	Department of Mental Health and Mental Retardation, with
376	376	responsibility for the area served by the department;
377	377	(7) a substance abuse treatment professional
378	378	appointed by the Council of Governments serving the area served by
379	379	the department;
380	380	(8) the department director;
381	381	(9) the local or regional representative of the parole
382	382	division of the Texas Department of Criminal Justice with
383	383	responsibility for the area served by the department;
384	384	(10) the representative of the Texas Workforce
385	385	Commission with responsibility for the area served by the
386	386	department;
387	387	(11) the representative of the Health and Human
388	388	Services Commission, or the division of the commission performing
389	389	the functions previously performed by the Department of Assistive
390	390	and Rehabilitative Services, with responsibility for the area
391	391	served by the department;
392	392	(12) a licensed attorney who practices in the area
393	393	served by the department and whose practice consists primarily of
394	394	criminal law;
395	395	(13) a court administrator, if one serves the area
396	396	served by the department;
397	397	(14) a representative of a community service
398	398	organization that provides adult treatment, educational, or
399	399	vocational services to the area served by the department;
400	400	(15) a representative of an organization in the area
401	401	served by the department that is actively involved in issues
402	402	relating to defendants' rights, chosen by the county commissioners
403	403	and county judges of the counties served by the department; and
404	404	(16) an advocate for rights of victims of crime and
405	405	awareness of issues affecting victims.
406	406	SECTION 5.03. Section 125.001(a), Government Code, is
407	407	amended to read as follows:
408	408	(a) In this chapter, "mental health court program" means a
409	409	program that has the following essential characteristics:
410	410	(1) the integration of mental illness treatment
411	411	services and intellectual disability [mental retardation] services
412	412	in the processing of cases in the judicial system;
413	413	(2) the use of a nonadversarial approach involving
414	414	prosecutors and defense attorneys to promote public safety and to
415	415	protect the due process rights of program participants;
416	416	(3) early identification and prompt placement of
417	417	eligible participants in the program;
418	418	(4) access to mental illness treatment services and
419	419	intellectual disability [mental retardation] services;
420	420	(5) ongoing judicial interaction with program
421	421	participants;
422	422	(6) diversion of defendants who potentially have a
423	423	mental illness [mentally ill] or an intellectual disability
424	424	[mentally retarded defendants] to needed services as an alternative
425	425	to subjecting those defendants to the criminal justice system;
426	426	(7) monitoring and evaluation of program goals and
427	427	effectiveness;
428	428	(8) continuing interdisciplinary education to promote
429	429	effective program planning, implementation, and operations; and
430	430	(9) development of partnerships with public agencies
431	431	and community organizations, including local intellectual and
432	432	developmental disability [mental retardation] authorities.
433	433	SECTION 5.04. Section 125.002, Government Code, is amended
434	434	to read as follows:
435	435	Sec. 125.002. AUTHORITY TO ESTABLISH PROGRAM. The
436	436	commissioners court of a county may establish a mental health court
437	437	program for persons who:
438	438	(1) have been arrested for or charged with a
439	439	misdemeanor or felony; and
440	440	(2) are suspected by a law enforcement agency or a
441	441	court of having a mental illness or an intellectual disability
442	442	[mental retardation].
443	443	SECTION 5.05. Section 403.252, Government Code, is amended
444	444	to read as follows:
445	445	Sec. 403.252. EXCEPTIONS. This subchapter does not apply
446	446	to:
447	447	(1) state agency funds located completely outside the
448	448	state treasury;
449	449	(2) the petty cash accounts maintained by the [Texas]
450	450	Department of State Health Services [Mental Health and Mental
451	451	Retardation] under Section 533.037(d), Health and Safety Code
452	452	[2.17(b)(3), Texas Mental Health and Mental Retardation Act
453	453	(Article 5547-202, Vernon's Texas Civil Statutes)]; or
454	454	(3) imprest funds kept by enforcement agencies for the
455	455	purchase of evidence or other enforcement purposes.
456	456	SECTION 5.06. Section 411.052(a), Government Code, is
457	457	amended to read as follows:
458	458	(a) In this section, "federal prohibited person
459	459	information" means information that identifies an individual as:
460	460	(1) a person ordered by a court to receive inpatient
461	461	mental health services under Chapter 574, Health and Safety Code;
462	462	(2) a person acquitted in a criminal case by reason of
463	463	insanity or lack of mental responsibility, regardless of whether
464	464	the person is ordered by a court to receive inpatient treatment or
465	465	residential care under Chapter 46C, Code of Criminal Procedure;
466	466	(3) a person determined to have an intellectual
467	467	disability [mental retardation] and committed by a court for
468	468	long-term placement in a residential care facility under Chapter
469	469	593, Health and Safety Code;
470	470	(4) an incapacitated adult individual for whom a court
471	471	has appointed a guardian of the individual under Title 3, Estates
472	472	Code, based on the determination that the person lacks the mental
473	473	capacity to manage the person's affairs; or
474	474	(5) a person determined to be incompetent to stand
475	475	trial under Chapter 46B, Code of Criminal Procedure.
476	476	SECTION 5.07. Section 411.0521(a), Government Code, is
477	477	amended to read as follows:
478	478	(a) The clerk of the court shall prepare and forward to the
479	479	department the information described by Subsection (b) not later
480	480	than the 30th day after the date the court:
481	481	(1) orders a person to receive inpatient mental health
482	482	services under Chapter 574, Health and Safety Code;
483	483	(2) acquits a person in a criminal case by reason of
484	484	insanity or lack of mental responsibility, regardless of whether
485	485	the person is ordered to receive inpatient treatment or residential
486	486	care under Chapter 46C, Code of Criminal Procedure;
487	487	(3) commits a person determined to have an
488	488	intellectual disability [mental retardation] for long-term
489	489	placement in a residential care facility under Chapter 593, Health
490	490	and Safety Code;
491	491	(4) appoints a guardian of the incapacitated adult
492	492	individual under Title 3, Estates Code, based on the determination
493	493	that the person lacks the mental capacity to manage the person's
494	494	affairs;
495	495	(5) determines a person is incompetent to stand trial
496	496	under Chapter 46B, Code of Criminal Procedure; or
497	497	(6) finds a person is entitled to relief from
498	498	disabilities under Section 574.088, Health and Safety Code.
499	499	SECTION 5.08. Sections 411.126(a)(2) and (3), Government
500	500	Code, are amended to read as follows:
501	501	(2) "Volunteer" or "volunteer applicant" means a
502	502	person who will perform one or more of the following services
503	503	without remuneration:
504	504	(A) any service performed in a residence;
505	505	(B) any service that requires the access to or
506	506	the handling of money or confidential or privileged information; or
507	507	(C) any service that involves the care of or
508	508	access to:
509	509	(i) a child;
510	510	(ii) an elderly person; or
511	511	(iii) a person who is mentally incompetent,
512	512	[mentally retarded,] physically disabled, ill, or incapacitated,
513	513	or who has an intellectual disability.
514	514	(3) "Employee" or "employee applicant" means a person
515	515	who will perform one or more of the following services or functions
516	516	for remuneration:
517	517	(A) any service performed in a residence;
518	518	(B) any service that requires the access to or
519	519	the handling of money or confidential or privileged information; or
520	520	(C) any service that involves the care of or
521	521	access to:
522	522	(i) a child;
523	523	(ii) an elderly person; or
524	524	(iii) a person who is mentally incompetent,
525	525	[mentally retarded,] physically disabled, ill, or incapacitated,
526	526	or who has an intellectual disability;
527	527	(D) coordination or referral of volunteers; or
528	528	(E) executive administrative responsibilities.
529	529	SECTION 5.09. Section 495.023(a), Government Code, is
530	530	amended to read as follows:
531	531	(a) The institutional division shall request proposals and
532	532	may award one contract to a private vendor or community supervision
533	533	and corrections department to screen and diagnose, either before or
534	534	after adjudications of guilt, persons who may be transferred to the
535	535	division. The term of the contract may not be for more than two
536	536	years. The institutional division shall award the contract if the
537	537	division determines that:
538	538	(1) the person proposing to enter into the contract
539	539	can provide psychiatric, psychological, or social evaluations of
540	540	persons who are to be transferred to the division;
541	541	(2) the services provided will reduce the chances of
542	542	misdiagnosis of [mentally ill and mentally retarded] persons with
543	543	mental illness or persons with intellectual disabilities who are to
544	544	be transferred to the division, expedite the diagnostic process,
545	545	and offer savings to the division;
546	546	(3) the quality of services offered equals or exceeds
547	547	the quality of the same services provided by the division; and
548	548	(4) the state will assume no additional liability by
549	549	entering into a contract for the services.
550	550	SECTION 5.10. Section 499.102(a), Government Code, is
551	551	amended to read as follows:
552	552	(a) The staff of the institutional division, on its own
553	553	initiative or as directed by the governor or the board, may
554	554	recommend to the administration of the institutional division that
555	555	the maximum capacity established under Section 499.101 for a unit
556	556	be increased if the staff determines through written findings that
557	557	the division can increase the maximum capacity and provide:
558	558	(1) proper inmate classification and housing within
559	559	the unit that is consistent with the classification system;
560	560	(2) housing flexibility to allow necessary repairs and
561	561	routine and preventive maintenance to be performed without
562	562	compromising the classification system;
563	563	(3) adequate space in dayrooms;
564	564	(4) all meals within a reasonable time, allowing each
565	565	inmate a reasonable time within which to eat;
566	566	(5) operable hygiene facilities that ensure the
567	567	availability of a sufficient number of fixtures to serve the inmate
568	568	population;
569	569	(6) adequate laundry services;
570	570	(7) sufficient staff to:
571	571	(A) meet operational and security needs;
572	572	(B) meet health care needs, including the needs
573	573	of inmates requiring psychiatric care, [mentally retarded] inmates
574	574	with an intellectual disability, and inmates with a physical
575	575	disability [physically handicapped inmates];
576	576	(C) provide a safe environment for inmates and
577	577	staff; and
578	578	(D) provide adequate internal affairs
579	579	investigation and review;
580	580	(8) medical, dental, and psychiatric care adequate to
581	581	ensure:
582	582	(A) minimal delays in delivery of service from
583	583	the time sick call requests are made until the service is performed;
584	584	(B) access to regional medical facilities;
585	585	(C) access to the institutional division
586	586	hospital at Galveston or contract facilities performing the same
587	587	services;
588	588	(D) access to specialty clinics; and
589	589	(E) a sufficient number of psychiatric inpatient
590	590	beds and sheltered beds for [mentally retarded] inmates with an
591	591	intellectual disability;
592	592	(9) a fair disciplinary system that ensures due
593	593	process and is adequate to ensure safety and order in the unit;
594	594	(10) work, vocational, academic, and on-the-job
595	595	training programs that afford all eligible inmates with an
596	596	opportunity to learn job skills or work habits that can be applied
597	597	on release, appropriately staffed and of sufficient quality;
598	598	(11) a sufficient number and quality of
599	599	nonprogrammatic and recreational activities for all eligible
600	600	inmates who choose to participate;
601	601	(12) adequate assistance from persons trained in the
602	602	law or a law library with a collection containing necessary
603	603	materials and space adequate for inmates to use the law library for
604	604	study related to legal matters;
605	605	(13) adequate space and staffing to permit contact and
606	606	noncontact visitation of all eligible inmates;
607	607	(14) adequate maintenance programs to repair and
608	608	prevent breakdowns caused by increased use of facilities and
609	609	fixtures; and
610	610	(15) space and staff sufficient to provide all the
611	611	services and facilities required by this section.
612	612	SECTION 5.11. Section 501.006(a), Government Code, is
613	613	amended to read as follows:
614	614	(a) The institutional division may grant an emergency
615	615	absence under escort to an inmate so that the inmate may:
616	616	(1) obtain a medical diagnosis or medical treatment;
617	617	(2) obtain treatment and supervision at a [Texas
618	618	Department of Mental Health and Mental Retardation] facility
619	619	operated by the Health and Human Services Commission; or
620	620	(3) attend a funeral or visit a critically ill
621	621	relative.
622	622	SECTION 5.12. Section 501.056, Government Code, is amended
623	623	to read as follows:
624	624	Sec. 501.056. CONTRACT FOR CARE OF [MENTALLY ILL AND
625	625	MENTALLY RETARDED] INMATES WITH MENTAL ILLNESS OR INTELLECTUAL
626	626	DISABILITY. The department shall contract with the Health and
627	627	Human Services Commission [Texas Department of Mental Health and
628	628	Mental Retardation] for provision of commission [Texas Department
629	629	of Mental Health and Mental Retardation] facilities, treatment, and
630	630	habilitation for [mentally ill and mentally retarded] inmates with
631	631	mental illness or an intellectual disability in the custody of the
632	632	department. The contract must provide:
633	633	(1) detailed characteristics of the [mentally ill]
634	634	inmate population with mental illness and the [mentally retarded]
635	635	inmate population with intellectual disabilities to be affected
636	636	under the contract;
637	637	(2) for the respective responsibilities of the
638	638	commission [Texas Department of Mental Health and Mental
639	639	Retardation] and the department with regard to the care and
640	640	supervision of the affected inmates; and
641	641	(3) that the department remains responsible for
642	642	security.
643	643	SECTION 5.13. Section 501.058, Government Code, is amended
644	644	to read as follows:
645	645	Sec. 501.058. COMPENSATION OF PSYCHIATRISTS. The amount of
646	646	compensation paid by the institutional division to psychiatrists
647	647	employed by the division should be similar to the amount of
648	648	compensation authorized for the Health and Human Services
649	649	Commission [Texas Department of Mental Health and Mental
650	650	Retardation] to pay to psychiatrists [employed by the Texas
651	651	Department of Mental Health and Mental Retardation].
652	652	SECTION 5.14. Sections 501.093(a) and (c), Government Code,
653	653	are amended to read as follows:
654	654	(a) The department and[,] the Health and Human Services
655	655	Commission [Texas Department of Mental Health and Mental
656	656	Retardation, and the Texas Commission on Alcohol and Drug Abuse]
657	657	shall by rule adopt a memorandum of understanding that establishes
658	658	their respective responsibilities to establish a continuity of care
659	659	program for inmates with a history of drug or alcohol abuse.
660	660	(c) The memorandum of understanding must establish methods
661	661	for:
662	662	(1) identifying inmates with a history of drug or
663	663	alcohol abuse;
664	664	(2) notifying the pardons and paroles division and the
665	665	Health and Human Services Commission[, the Texas Department of
666	666	Mental Health and Mental Retardation, and the commission] as to
667	667	when an inmate with a history of drug or alcohol abuse is to be
668	668	released and as to the inmate's release destination;
669	669	(3) identifying the services needed by inmates with a
670	670	history of drug or alcohol abuse to reenter the community
671	671	successfully; and
672	672	(4) determining the manner in which each agency that
673	673	participates in the establishment of the memorandum can share
674	674	information about inmates and use that information to provide
675	675	continuity of care.
676	676	SECTION 5.15. Section 501.113(b), Government Code, is
677	677	amended to read as follows:
678	678	(b) The institutional division shall house the following
679	679	classes of inmates in single occupancy cells:
680	680	(1) inmates confined in death row segregation;
681	681	(2) inmates confined in administrative segregation;
682	682	(3) inmates assessed as having intellectual
683	683	disabilities [mentally retarded] and whose habilitation plans
684	684	recommend housing in a single occupancy cell;
685	685	(4) inmates with a diagnosed psychiatric illness being
686	686	treated on an inpatient or outpatient basis whose individual
687	687	treatment plans recommend housing in single occupancy cells; and
688	688	(5) inmates whose medical treatment plans recommend
689	689	housing in a single occupancy cell.
690	690	SECTION 5.16. Section 507.031(a), Government Code, is
691	691	amended to read as follows:
692	692	(a) The director of a state jail felony facility may grant a
693	693	furlough to a defendant so that the defendant may:
694	694	(1) obtain a medical diagnosis or medical treatment;
695	695	(2) obtain treatment and supervision at a [Texas
696	696	Department of Mental Health and Mental Retardation] facility
697	697	operated by the Health and Human Services Commission;
698	698	(3) attend a funeral or visit a critically ill
699	699	relative; or
700	700	(4) participate in a programmatic activity sanctioned
701	701	by the state jail division.
702	702	SECTION 5.17. Section 508.223, Government Code, is amended
703	703	to read as follows:
704	704	Sec. 508.223. PSYCHOLOGICAL COUNSELING. A parole panel may
705	705	require as a condition of parole or mandatory supervision that a
706	706	releasee serving a sentence for an offense under Section 42.072,
707	707	Penal Code, attend psychological counseling sessions of a type and
708	708	for a duration as specified by the parole panel, if the parole panel
709	709	determines in consultation with a local mental health services
710	710	provider that appropriate mental health services are available
711	711	through the [Texas] Department of State Health Services [Mental
712	712	Health and Mental Retardation] in accordance with Section 534.053,
713	713	Health and Safety Code, or through another mental health services
714	714	provider.
715	715	SECTION 5.18. Section 508.316(a), Government Code, is
716	716	amended to read as follows:
717	717	(a) The department may contract for services for releasees
718	718	if funds are appropriated to the department for the services,
719	719	including services for releasees who have a history of:
720	720	(1) mental impairment or intellectual disability
721	721	[mental retardation];
722	722	(2) substance abuse; or
723	723	(3) sexual offenses.
724	724	SECTION 5.19. Section 659.015(j), Government Code, is
725	725	amended to read as follows:
726	726	(j) With authorization from the administrative head of the
727	727	agency for which an employee works, or that person's designee, an
728	728	employee employed by a state mental health facility or an
729	729	intellectual disability [mental retardation] facility may be paid
730	730	for any unused compensatory time if the employing agency determines
731	731	that taking the compensatory time off would disrupt the normal
732	732	business functions of the agency.
733	733	SECTION 5.20. Section 659.016(j), Government Code, is
734	734	amended to read as follows:
735	735	(j) With authorization from the administrative head of the
736	736	agency for which an employee works, or that person's designee, an
737	737	employee employed by a state mental health facility or an
738	738	intellectual disability [mental retardation] facility may be paid
739	739	for any unused compensatory time if the employing agency determines
740	740	that taking the compensatory time off would disrupt the normal
741	741	business functions of the agency.
742	742	SECTION 5.21. The heading to Chapter 1401, Government Code,
743	743	is amended to read as follows:
744	744	CHAPTER 1401. BONDS FOR CERTAIN CRIMINAL JUSTICE, [OR] MENTAL
745	745	HEALTH, OR INTELLECTUAL DISABILITY [AND MENTAL RETARDATION]
746	746	FACILITIES
747	747	SECTION 5.22. Sections 1401.041(b) and (c), Government
748	748	Code, are amended to read as follows:
749	749	(b) As provided by Section 49-h(c), Article III, Texas
750	750	Constitution, as that section existed September 1, 1999, the
751	751	authority may:
752	752	(1) issue general obligation bonds in an amount not to
753	753	exceed $400 million; and
754	754	(2) distribute the bond proceeds to any appropriate
755	755	agency to:
756	756	(A) acquire, construct, or equip a new facility;
757	757	or
758	758	(B) make a major repair of or renovate a
759	759	facility, corrections institution, youth corrections institution,
760	760	[or] mental health institution, or intellectual disability [and
761	761	mental retardation] institution.
762	762	(c) As provided by Section 49-h(d), Article III, Texas
763	763	Constitution, as that section existed September 1, 1999, the
764	764	authority may:
765	765	(1) issue general obligation bonds in an amount not to
766	766	exceed $1.055 billion and distribute the bond proceeds to any
767	767	appropriate agency to:
768	768	(A) acquire, construct, or equip a:
769	769	(i) new prison or substance abuse felony
770	770	punishment facility to confine criminals; or
771	771	(ii) youth corrections institution;
772	772	(B) make a major repair of or renovate a prison
773	773	facility or youth corrections institution; or
774	774	(C) acquire, make a major repair of, or renovate
775	775	a facility for use as a state prison, a substance abuse felony
776	776	punishment facility, or a facility in which a pilot program
777	777	established as provided by Section 614.011, Health and Safety Code,
778	778	is conducted;
779	779	(2) issue general obligation bonds in an amount not to
780	780	exceed $45 million and distribute the bond proceeds to any
781	781	appropriate agency to:
782	782	(A) acquire, construct, or equip a new mental
783	783	health facility or intellectual disability [mental retardation]
784	784	facility, including a community-based mental health facility or
785	785	community-based intellectual disability [mental retardation]
786	786	facility; or
787	787	(B) make a major repair of or renovate a mental
788	788	health facility or intellectual disability [mental retardation]
789	789	facility; and
790	790	(3) issue general obligation bonds in an amount not to
791	791	exceed $50 million and distribute the bond proceeds to any
792	792	appropriate agency to:
793	793	(A) acquire, construct, or equip a new youth
794	794	corrections facility; or
795	795	(B) make a major repair of or renovate a youth
796	796	corrections facility.
797	797	SECTION 5.23. Section 1401.061(a), Government Code, is
798	798	amended to read as follows:
799	799	(a) The authority may:
800	800	(1) issue revenue bonds; and
801	801	(2) distribute the bond proceeds to any appropriate
802	802	agency to:
803	803	(A) acquire, construct, or equip a new facility;
804	804	or
805	805	(B) make a major repair of or renovate a:
806	806	(i) facility;
807	807	(ii) corrections institution, including a
808	808	facility authorized by Section 495.001(a) or 495.021(a);
809	809	(iii) criminal justice facility for the
810	810	Texas Department of Criminal Justice;
811	811	(iv) youth corrections institution; or
812	812	(v) mental health institution or
813	813	intellectual disability [and mental retardation] institution.
814	814	SECTION 5.24. Section 2052.003(b), Government Code, is
815	815	amended to read as follows:
816	816	(b) In this section, "individual with a disability" means an
817	817	individual who has:
818	818	(1) a mental disability or impairment, including an
819	819	intellectual disability [mental retardation]; or
820	820	(2) a physical disability or impairment, including:
821	821	(A) an impairment of hearing, speech, or vision;
822	822	(B) blindness;
823	823	(C) deafness; or
824	824	(D) a crippling condition that requires special
825	825	ambulatory devices or services.
826	826	SECTION 5.25. Section 2155.202, Government Code, is amended
827	827	to read as follows:
828	828	Sec. 2155.202. [MENTAL HEALTH AND MENTAL RETARDATION]
829	829	COMMUNITY CENTERS; ASSISTANCE ORGANIZATIONS; CHILD-CARE PROVIDERS.
830	830	The following entities may purchase goods and services through the
831	831	comptroller:
832	832	(1) a community center for mental health services or
833	833	intellectual disability [and mental retardation] services that
834	834	receives state grants-in-aid under Subchapter B, Chapter 534,
835	835	Health and Safety Code;
836	836	(2) an assistance organization as defined by Section
837	837	2175.001 that receives state funds; and
838	838	(3) a child-care provider that meets Texas Rising Star
839	839	Program certification criteria.
840	840	SECTION 5.26. The heading to Section 2155.441, Government
841	841	Code, is amended to read as follows:
842	842	Sec. 2155.441. PREFERENCE FOR PRODUCTS OF PERSONS WITH
843	843	INTELLECTUAL [MENTAL RETARDATION] OR PHYSICAL DISABILITIES.
844	844	SECTION 5.27. Section 2155.441(a), Government Code, is
845	845	amended to read as follows:
846	846	(a) The products of workshops, organizations, or
847	847	corporations whose primary purpose is training and employing
848	848	individuals having an intellectual disability [mental retardation]
849	849	or a physical disability shall be given preference if they meet
850	850	state specifications regarding quantity, quality, delivery, life
851	851	cycle costs, and price.
852	852	SECTION 5.28. Section 2167.001(b), Government Code, is
853	853	amended to read as follows:
854	854	(b) This chapter does not apply to:
855	855	(1) radio antenna space;
856	856	(2) residential space for a [Texas] Department of
857	857	State Health Services or Health and Human Services Commission
858	858	[Mental Health and Mental Retardation] program;
859	859	(3) residential space for a Texas Juvenile Justice
860	860	Department program;
861	861	(4) space to be used for less than one month for
862	862	meetings, conferences, conventions, seminars, displays,
863	863	examinations, auctions, or similar purposes;
864	864	(5) district office space for members of the
865	865	legislature;
866	866	(6) space used by the Texas Workforce Commission;
867	867	(7) residential property acquired by the Texas
868	868	Department of Housing and Community Affairs or the Texas State
869	869	Affordable Housing Corporation that is offered for sale or rental
870	870	to individuals and families of low or very low income or families of
871	871	moderate income;
872	872	(8) except as provided by Section 2167.007, space for
873	873	a university system or institution of higher education;
874	874	(9) space leased by the Texas Veterans Commission to
875	875	administer the veterans employment services program; or
876	876	(10) space for the Texas Department of Motor Vehicles.
877	877	SECTION 5.29. Section 2171.055(k), Government Code, is
878	878	amended to read as follows:
879	879	(k) An officer or employee of a qualified cooperative entity
880	880	who is engaged in official business of the qualified cooperative
881	881	entity may participate in the comptroller's contracts for travel
882	882	services. The comptroller shall adopt rules and make or amend
883	883	contracts as necessary to administer this subsection. For purposes
884	884	of this subsection, a "qualified cooperative entity" includes:
885	885	(1) a local government, as defined by Section 271.081,
886	886	Local Government Code;
887	887	(2) a community center for mental health services or
888	888	intellectual disability [and mental retardation] services
889	889	described by Section 2155.202(1);
890	890	(3) an assistance organization, as defined by Section
891	891	2175.001, that receives any state funds; and
892	892	(4) a political subdivision, as defined by Section
893	893	791.003.
894	894	SECTION 5.30. Section 2171.104(b), Government Code, is
895	895	amended to read as follows:
896	896	(b) The Texas Department of Transportation, Department of
897	897	Public Safety of the State of Texas, [Texas Department of Mental
898	898	Health and Mental Retardation,] Parks and Wildlife Department, and
899	899	Texas Department of Criminal Justice shall assist the office of
900	900	vehicle fleet management in preparing the management plan for the
901	901	state's vehicle fleet.
902	902	ARTICLE 6. HEALTH AND SAFETY CODE PROVISIONS
903	903	SECTION 6.01. Sections 33.001(1-b), (2), and (4), Health
904	904	and Safety Code, are amended to read as follows:
905	905	(1-b) "Heritable disease" means an inherited disease
906	906	that may result in a [mental or] physical or intellectual
907	907	disability [retardation] or death.
908	908	(2) "Hypothyroidism" means a condition that may cause
909	909	a severe intellectual disability [mental retardation] if not
910	910	treated.
911	911	(4) "Phenylketonuria" means an inherited condition
912	912	that may cause a severe intellectual disability [mental
913	913	retardation] if not treated.
914	914	SECTION 6.02. Section 33.002(a), Health and Safety Code, is
915	915	amended to read as follows:
916	916	(a) The department shall carry out a program to combat
917	917	morbidity, including intellectual disability [mental retardation],
918	918	and mortality in persons who have phenylketonuria, other heritable
919	919	diseases, or hypothyroidism.
920	920	SECTION 6.03. Section 281.094(a), Health and Safety Code,
921	921	is amended to read as follows:
922	922	(a) With the approval of the Nueces County Commissioners
923	923	Court, the board of the Nueces County Hospital District may use
924	924	funds made available to the district from sources other than a tax
925	925	levy to fund health care services, including public health
926	926	services, mental health services, intellectual disability [and
927	927	mental retardation] services, emergency medical services, health
928	928	services provided to persons confined in jail facilities, and for
929	929	other health related purposes.
930	930	SECTION 6.04. Section 431.4031(b), Health and Safety Code,
931	931	is amended to read as follows:
932	932	(b) A state agency or a political subdivision of this state
933	933	that distributes prescription drugs using federal or state funding
934	934	to nonprofit health care facilities, [or] local mental health
935	935	authorities, or local intellectual and developmental disability
936	936	[mental retardation] authorities for distribution to a pharmacy,
937	937	practitioner, or patient is exempt from Sections 431.405(b),
938	938	431.407, 431.412, and 431.413.
939	939	SECTION 6.05. The heading to Section 531.0021, Health and
940	940	Safety Code, is amended to read as follows:
941	941	Sec. 531.0021. REFERENCE TO STATE SCHOOL OR [,]
942	942	SUPERINTENDENT [, OR LOCAL MENTAL RETARDATION AUTHORITY].
943	943	SECTION 6.06. The heading to Subtitle E, Title 7, Health and
944	944	Safety Code, is amended to read as follows:
945	945	SUBTITLE E. SPECIAL PROVISIONS RELATING TO MENTAL ILLNESS AND
946	946	INTELLECTUAL DISABILITY [MENTAL RETARDATION]
947	947	SECTION 6.07. The heading to Chapter 613, Health and Safety
948	948	Code, is amended to read as follows:
949	949	CHAPTER 613. KIDNEY DONATION BY WARD WITH INTELLECTUAL DISABILITY
950	950	[MENTAL RETARDATION]
951	951	SECTION 6.08. Section 613.001, Health and Safety Code, is
952	952	amended to read as follows:
953	953	Sec. 613.001. DEFINITION. In this chapter, "ward with an
954	954	intellectual disability [mental retardation]" means a ward who is a
955	955	person with an intellectual disability [mental retardation], as
956	956	defined by Subtitle D.
957	957	SECTION 6.09. Section 613.002, Health and Safety Code, is
958	958	amended to read as follows:
959	959	Sec. 613.002. COURT ORDER AUTHORIZING KIDNEY DONATION. A
960	960	district court may authorize the donation of a kidney of a ward with
961	961	an intellectual disability [mental retardation] to a father,
962	962	mother, son, daughter, brother, or sister of the ward if:
963	963	(1) the guardian of the ward with an intellectual
964	964	disability [mental retardation] consents to the donation;
965	965	(2) the ward is 12 years of age or older;
966	966	(3) the ward assents to the kidney transplant;
967	967	(4) the ward has two kidneys;
968	968	(5) without the transplant the donee will soon die or
969	969	suffer severe and progressive deterioration, and with the
970	970	transplant the donee will probably benefit substantially;
971	971	(6) there are no medically preferable alternatives to
972	972	a kidney transplant for the donee;
973	973	(7) the risks of the operation and the long-term risks
974	974	to the ward are minimal;
975	975	(8) the ward will not likely suffer psychological
976	976	harm; and
977	977	(9) the transplant will promote the ward's best
978	978	interests.
979	979	SECTION 6.10. Section 613.003, Health and Safety Code, is
980	980	amended to read as follows:
981	981	Sec. 613.003. PETITION FOR COURT ORDER. The guardian of the
982	982	person of a ward with an intellectual disability [mental
983	983	retardation] may petition a district court having jurisdiction of
984	984	the guardian for an order authorizing the ward to donate a kidney
985	985	under Section 613.002.
986	986	SECTION 6.11. Section 613.004(c), Health and Safety Code,
987	987	is amended to read as follows:
988	988	(c) The court shall appoint an attorney ad litem and a
989	989	guardian ad litem to represent the interest of the ward with an
990	990	intellectual disability [mental retardation]. Neither person
991	991	appointed may be related to the ward within the second degree by
992	992	consanguinity.
993	993	SECTION 6.12. Section 613.005, Health and Safety Code, is
994	994	amended to read as follows:
995	995	Sec. 613.005. INTERVIEW AND EVALUATION ORDER BY COURT. (a)
996	996	Before the eighth day after the date of the hearing, the court shall
997	997	interview the ward with an intellectual disability [mental
998	998	retardation] to determine if the ward assents to the donation. The
999	999	interview shall be conducted in chambers and out of the presence of
1000	1000	the guardian.
1001	1001	(b) If the court considers it necessary, the court may order
1002	1002	the performance of a determination of intellectual disability
1003	1003	[mental retardation], as provided by Section 593.005, to help the
1004	1004	court evaluate the ward's capacity to agree to the donation.
1005	1005	ARTICLE 7. HUMAN RESOURCES CODE PROVISIONS
1006	1006	SECTION 7.01. Section 221.056(a), Human Resources Code, is
1007	1007	amended to read as follows:
1008	1008	(a) The department may contract with a local mental health
1009	1009	authority and local intellectual and developmental disability [and
1010	1010	mental retardation] authority for the establishment of a
1011	1011	residential treatment facility for juveniles with mental illness or
1012	1012	emotional injury who, as a condition of juvenile probation, are
1013	1013	ordered by a court to reside at the facility and receive education
1014	1014	services at the facility. The department may work in cooperation
1015	1015	with the local mental health authority and local intellectual and
1016	1016	developmental disability [and mental retardation] authority to
1017	1017	provide mental health residential treatment services for juveniles
1018	1018	residing at a facility established under this section.
1019	1019	SECTION 7.02. The heading to Section 244.011, Human
1020	1020	Resources Code, is amended to read as follows:
1021	1021	Sec. 244.011. CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL
1022	1022	DISABILITY [MENTAL RETARDATION].
1023	1023	SECTION 7.03. Sections 244.011(a), (b), (e), (f), and (g),
1024	1024	Human Resources Code, are amended to read as follows:
1025	1025	(a) The department shall accept a child committed to the
1026	1026	department who is a person with a mental illness or a person with an
1027	1027	intellectual disability [mentally ill or mentally retarded].
1028	1028	(b) Unless a child is committed to the department under a
1029	1029	determinate sentence under Section 54.04(d)(3), 54.04(m), or
1030	1030	54.05(f), Family Code, the department shall discharge a child who
1031	1031	is a person with a mental illness or a person with an intellectual
1032	1032	disability [mentally ill or mentally retarded] from its custody if:
1033	1033	(1) the child has completed the minimum length of stay
1034	1034	for the child's committing offense; and
1035	1035	(2) the department determines that the child is unable
1036	1036	to progress in the department's rehabilitation programs because of
1037	1037	the child's mental illness or intellectual disability [mental
1038	1038	retardation].
1039	1039	(e) If a child who is discharged from the department under
1040	1040	Subsection (b) as a result of an intellectual disability [mental
1041	1041	retardation] is not receiving intellectual disability [mental
1042	1042	retardation] services, the child's discharge is effective on the
1043	1043	earlier of:
1044	1044	(1) the date the court enters an order regarding an
1045	1045	application for intellectual disability [mental retardation]
1046	1046	services filed under Section 244.012(b); or
1047	1047	(2) the 30th day after the date that the application is
1048	1048	filed.
1049	1049	(f) If a child who is discharged from the department under
1050	1050	Subsection (b) as a result of an intellectual disability [mental
1051	1051	retardation] is receiving intellectual disability [mental
1052	1052	retardation] services, the child's discharge from the department is
1053	1053	effective immediately.
1054	1054	(g) If a child who is a person with a mental illness or a
1055	1055	person with an intellectual disability [mentally ill or mentally
1056	1056	retarded] is discharged from the department under Subsection (b),
1057	1057	the child is eligible to receive continuity of care services from
1058	1058	the Texas Correctional Office on Offenders with Medical or Mental
1059	1059	Impairments under Chapter 614, Health and Safety Code.
1060	1060	SECTION 7.04. Sections 244.012(a) and (c), Human Resources
1061	1061	Code, are amended to read as follows:
1062	1062	(a) The department shall establish a system that identifies
1063	1063	children in the department's custody who have a mental illness or an
1064	1064	intellectual disability [are mentally ill or mentally retarded].
1065	1065	(c) Before a child who is identified as a person with an
1066	1066	intellectual disability [mentally retarded] under Chapter 593,
1067	1067	Health and Safety Code, is discharged from the department's custody
1068	1068	under Section 244.011(b), the department shall refer the child for
1069	1069	intellectual disability [mental retardation] services if the child
1070	1070	is not receiving those [mental retardation] services.
1071	1071	ARTICLE 8. INSURANCE CODE PROVISIONS
1072	1072	SECTION 8.01. Sections 843.002(18) and (21), Insurance
1073	1073	Code, are amended to read as follows:
1074	1074	(18) "Limited health care services" means:
1075	1075	(A) services for mental health, chemical
1076	1076	dependency, or intellectual disability [mental retardation], or
1077	1077	any combination of those services; or
1078	1078	(B) an organized long-term care service delivery
1079	1079	system that provides for diagnostic, preventive, therapeutic,
1080	1080	rehabilitative, and personal care services required by an
1081	1081	individual with a loss in functional capacity on a long-term basis.
1082	1082	(21) "Person" means any natural or artificial person,
1083	1083	including an individual, partnership, association, corporation,
1084	1084	organization, trust, hospital district, community mental health
1085	1085	center, intellectual disability [mental retardation] center,
1086	1086	mental health [and mental retardation] center, limited liability
1087	1087	company, or limited liability partnership or the statewide rural
1088	1088	health care system under Chapter 845.
1089	1089	SECTION 8.02. Section 1201.059(a), Insurance Code, is
1090	1090	amended to read as follows:
1091	1091	(a) An accident and health insurance policy, including an
1092	1092	individual, blanket, or group policy, and including a policy issued
1093	1093	by a corporation operating under Chapter 842, that provides that
1094	1094	coverage of a child terminates when the child attains a limiting age
1095	1095	specified in the policy must provide in substance that the child's
1096	1096	attainment of that age does not terminate coverage while the child
1097	1097	is:
1098	1098	(1) incapable of self-sustaining employment because
1099	1099	of an intellectual [mental retardation] or physical disability; and
1100	1100	(2) chiefly dependent on the insured or group member
1101	1101	for support and maintenance.
1102	1102	SECTION 8.03. Section 1305.004(a)(18), Insurance Code, is
1103	1103	amended to read as follows:
1104	1104	(18) "Person" means any natural or artificial person,
1105	1105	including an individual, partnership, association, corporation,
1106	1106	organization, trust, hospital district, community mental health
1107	1107	center, intellectual disability [mental retardation] center,
1108	1108	mental health [and mental retardation] center, limited liability
1109	1109	company, or limited liability partnership.
1110	1110	SECTION 8.04. Section 1355.056(c), Insurance Code, is
1111	1111	amended to read as follows:
1112	1112	(c) Treatment provided to an individual by a crisis
1113	1113	stabilization unit licensed or certified by the Health and Human
1114	1114	Services Commission [Texas Department of Mental Health and Mental
1115	1115	Retardation] shall be reimbursed.
1116	1116	SECTION 8.05. Section 1355.058, Insurance Code, is amended
1117	1117	to read as follows:
1118	1118	Sec. 1355.058. HEALTH AND HUMAN SERVICES COMMISSION
1119	1119	ASSISTANCE [OF THE TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL
1120	1120	RETARDATION]. (a) The Health and Human Services Commission [Texas
1121	1121	Department of Mental Health and Mental Retardation] shall assist
1122	1122	the department in carrying out the department's responsibilities
1123	1123	under this subchapter.
1124	1124	(b) The department and the Health and Human Services
1125	1125	Commission [Texas Department of Mental Health and Mental
1126	1126	Retardation] by rule may adopt a memorandum of understanding to
1127	1127	carry out this subchapter.
1128	1128	SECTION 8.06. Section 1355.202, Insurance Code, is amended
1129	1129	to read as follows:
1130	1130	Sec. 1355.202. PROHIBITION OF EXCLUSION OF MENTAL HEALTH OR
1131	1131	INTELLECTUAL DISABILITY [MENTAL RETARDATION] BENEFITS FOR
1132	1132	TREATMENT BY TAX-SUPPORTED INSTITUTION. (a) An individual or
1133	1133	group accident and health insurance policy delivered or issued for
1134	1134	delivery to a person in this state that provides coverage for mental
1135	1135	illness or intellectual disability [mental retardation] may not
1136	1136	exclude benefits under that coverage for support, maintenance, and
1137	1137	treatment provided by a tax-supported institution of this state, or
1138	1138	by a community center for mental health services or intellectual
1139	1139	disability [mental retardation] services, that regularly and
1140	1140	customarily charges patients who are not indigent for those
1141	1141	services.
1142	1142	(b) In determining whether a patient is not indigent, as
1143	1143	provided by Subchapter B, Chapter 552, Health and Safety Code, a
1144	1144	tax-supported institution of this state or a community center for
1145	1145	mental health services or intellectual disability [mental
1146	1146	retardation] services shall consider any insurance policy or
1147	1147	policies that provide coverage to the patient for mental illness or
1148	1148	intellectual disability [mental retardation].
1149	1149	SECTION 8.07. Section 1359.001, Insurance Code, is amended
1150	1150	to read as follows:
1151	1151	Sec. 1359.001. DEFINITIONS. In this chapter:
1152	1152	(1) "Heritable disease" means an inherited disease
1153	1153	that may result in a [mental or] physical or intellectual
1154	1154	disability [retardation] or death.
1155	1155	(2) "Phenylketonuria" means an inherited condition
1156	1156	that, if not treated, may cause a severe intellectual disability
1157	1157	[mental retardation].
1158	1158	SECTION 8.08. Section 1601.004(a), Insurance Code, is
1159	1159	amended to read as follows:
1160	1160	(a) In this chapter, "dependent," with respect to an
1161	1161	individual eligible to participate in the uniform program under
1162	1162	Section 1601.101 or 1601.102, means the individual's:
1163	1163	(1) spouse;
1164	1164	(2) unmarried child younger than 25 years of age; and
1165	1165	(3) child of any age who lives with or has the child's
1166	1166	care provided by the individual on a regular basis if the child is a
1167	1167	person with an intellectual disability [is mentally retarded] or is
1168	1168	physically incapacitated to the extent that the child is dependent
1169	1169	on the individual for care or support, as determined by the system.
1170	1170	ARTICLE 9. LABOR CODE PROVISIONS
1171	1171	SECTION 9.01. The heading to Section 62.057, Labor Code, is
1172	1172	amended to read as follows:
1173	1173	Sec. 62.057. PATIENTS AND CLIENTS OF [TEXAS] DEPARTMENT OF
1174	1174	STATE [MENTAL] HEALTH SERVICES [AND MENTAL RETARDATION].
1175	1175	SECTION 9.02. Section 62.057(a), Labor Code, is amended to
1176	1176	read as follows:
1177	1177	(a) A person may be compensated for services rendered to the
1178	1178	[Texas] Department of State [Mental] Health Services [and Mental
1179	1179	Retardation] or a department facility at a percentage of the base
1180	1180	wage adopted under this section if:
1181	1181	(1) the person is a patient or client of a department
1182	1182	facility;
1183	1183	(2) the person's productive capacity is impaired;
1184	1184	(3) the person:
1185	1185	(A) assists in the operation of the facility as
1186	1186	part of the person's therapy; or
1187	1187	(B) receives occupational training in a
1188	1188	sheltered workshop or other program operated by the department; and
1189	1189	(4) the facility or department derives an economic
1190	1190	benefit from the person's services.
1191	1191	SECTION 9.03. Section 406.098(b)(4), Labor Code, is amended
1192	1192	to read as follows:
1193	1193	(4) "Political subdivision" means a county,
1194	1194	municipality, special district, school district, junior college
1195	1195	district, housing authority, community center [for mental health
1196	1196	and mental retardation services] established under Subchapter A,
1197	1197	Chapter 534, Health and Safety Code, or any other legally
1198	1198	constituted political subdivision of the state.
1199	1199	SECTION 9.04. Section 504.001(3), Labor Code, is amended to
1200	1200	read as follows:
1201	1201	(3) "Political subdivision" means a county,
1202	1202	municipality, special district, school district, junior college
1203	1203	district, housing authority, community center [for mental health
1204	1204	and mental retardation services] established under Subchapter A,
1205	1205	Chapter 534, Health and Safety Code, or any other legally
1206	1206	constituted political subdivision of the state.
1207	1207	ARTICLE 10. LOCAL GOVERNMENT CODE PROVISIONS
1208	1208	SECTION 10.01. Section 244.006, Local Government Code, is
1209	1209	amended to read as follows:
1210	1210	Sec. 244.006. EXEMPTIONS. This subchapter does not apply
1211	1211	to the operation of a correctional or rehabilitation facility at a
1212	1212	location subject to this subchapter if:
1213	1213	(1) on September 1, 1997, the correctional or
1214	1214	rehabilitation facility was in operation, under construction,
1215	1215	under contract for operation or construction, or planned for
1216	1216	construction at the location on land owned or leased by an agency or
1217	1217	political subdivision of the state and designated for use as a
1218	1218	correctional or rehabilitation facility;
1219	1219	(2) the correctional or rehabilitation facility was in
1220	1220	operation or under construction before the establishment of a
1221	1221	residential area the location of which makes the facility subject
1222	1222	to this subchapter;
1223	1223	(3) the correctional or rehabilitation facility is a
1224	1224	temporary correctional or rehabilitation facility that will be
1225	1225	operated at the location for less than one year;
1226	1226	(4) the correctional or rehabilitation facility is
1227	1227	required to obtain a special use permit or a conditional use permit
1228	1228	from the municipality in which the facility is located before
1229	1229	beginning operation;
1230	1230	(5) the correctional or rehabilitation facility is an
1231	1231	expansion of a facility operated by the correctional institutions
1232	1232	division of the Texas Department of Criminal Justice for the
1233	1233	imprisonment of individuals convicted of felonies other than state
1234	1234	jail felonies or by the Texas Juvenile Justice Department;
1235	1235	(6) the correctional or rehabilitation facility is a
1236	1236	county jail or a pre-adjudication or post-adjudication juvenile
1237	1237	detention facility operated by a county or county juvenile board;
1238	1238	(7) the facility is:
1239	1239	(A) a juvenile probation office located at, and
1240	1240	operated in conjunction with, a juvenile justice alternative
1241	1241	education center; and
1242	1242	(B) used exclusively by students attending the
1243	1243	juvenile justice alternative education center;
1244	1244	(8) the facility is a public or private institution of
1245	1245	higher education or vocational training to which admission is open
1246	1246	to the general public;
1247	1247	(9) the facility is operated primarily as a treatment
1248	1248	facility for juveniles under contract with the Health and Human
1249	1249	[Department of Aging and Disability] Services Commission, [or] the
1250	1250	Department of State Health Services, [or] a local mental health
1251	1251	authority, or a local intellectual and developmental disability
1252	1252	[mental retardation] authority;
1253	1253	(10) the facility is operated as a juvenile justice
1254	1254	alternative education program;
1255	1255	(11) the facility:
1256	1256	(A) is not operated primarily as a correctional
1257	1257	or rehabilitation facility; and
1258	1258	(B) only houses persons or children described by
1259	1259	Section 244.001(1)(B) for a purpose related to treatment or
1260	1260	education; or
1261	1261	(12) the facility is a probation or parole office
1262	1262	located in a commercial use area.
1263	1263	ARTICLE 11. OCCUPATIONS CODE PROVISIONS
1264	1264	SECTION 11.01. Section 1701.404(b), Occupations Code, is
1265	1265	amended to read as follows:
1266	1266	(b) The commission may certify a sheriff, sheriff's deputy,
1267	1267	constable, other peace officer, county jailer, or justice of the
1268	1268	peace as a special officer for offenders with mental impairments if
1269	1269	the person:
1270	1270	(1) completes a training course in emergency first aid
1271	1271	and lifesaving techniques approved by the commission;
1272	1272	(2) completes a training course administered by the
1273	1273	commission on mental health issues and offenders with mental
1274	1274	impairments; and
1275	1275	(3) passes an examination administered by the
1276	1276	commission that is designed to test the person's:
1277	1277	(A) knowledge and recognition of the
1278	1278	characteristics and symptoms of mental illness [, mental
1279	1279	retardation,] and intellectual disability [mental disabilities];
1280	1280	and
1281	1281	(B) knowledge of mental health crisis
1282	1282	intervention strategies for people with mental impairments.
1283	1283	ARTICLE 12. TRANSPORTATION CODE PROVISIONS
1284	1284	SECTION 12.01. Section 201.603, Transportation Code, is
1285	1285	amended to read as follows:
1286	1286	Sec. 201.603. AGREEMENT WITH OTHER AGENCIES FOR ROADS. (a)
1287	1287	On request of the Health and Human Services Commission [Texas
1288	1288	Department of Mental Health and Mental Retardation] or the Texas
1289	1289	Juvenile Justice Department, the department may enter into
1290	1290	agreements with either agency [department] for the construction,
1291	1291	maintenance, or repair of roads in an institution, hospital, or
1292	1292	school under the control, management, or supervision of that agency
1293	1293	[department].
1294	1294	(b) The Health and Human Services Commission [Texas
1295	1295	Department of Mental Health and Mental Retardation] or the Texas
1296	1296	Juvenile Justice Department may reimburse the appropriate fund of
1297	1297	the department for the cost of construction or maintenance
1298	1298	performed under Subsection (a). Before a transfer of an amount
1299	1299	under this subsection, the reimbursing agency shall notify in
1300	1300	writing the comptroller of the amount to be transferred and the fund
1301	1301	from which the amount is to be taken.
1302	1302	ARTICLE 13. TAX CODE PROVISIONS
1303	1303	SECTION 13.01. Section 171.1011(p)(2), Tax Code, is amended
1304	1304	to read as follows:
1305	1305	(2) "Health care institution" means:
1306	1306	(A) an ambulatory surgical center;
1307	1307	(B) an assisted living facility licensed under
1308	1308	Chapter 247, Health and Safety Code;
1309	1309	(C) an emergency medical services provider;
1310	1310	(D) a home and community support services agency;
1311	1311	(E) a hospice;
1312	1312	(F) a hospital;
1313	1313	(G) a hospital system;
1314	1314	(H) an intermediate care facility for
1315	1315	individuals with an intellectual disability [the mentally
1316	1316	retarded] or a home and community-based services waiver program for
1317	1317	individuals [persons] with an intellectual disability [mental
1318	1318	retardation] adopted in accordance with Section 1915(c) of the
1319	1319	federal Social Security Act (42 U.S.C. Section 1396n);
1320	1320	(I) a birthing center;
1321	1321	(J) a nursing home;
1322	1322	(K) an end stage renal disease facility licensed
1323	1323	under Section 251.011, Health and Safety Code; or
1324	1324	(L) a pharmacy.
1325	1325	ARTICLE 14. REPEALERS
1326	1326	SECTION 14.01. The following provisions of the Health and
1327	1327	Safety Code are repealed:
1328	1328	(1) Section 531.0021(c); and
1329	1329	(2) Sections 591.003(13) and (16).
1330	1330	ARTICLE 15. EFFECTIVE DATE
1331	1331	SECTION 15.01. This Act takes effect September 1, 2023.