HBA-MPM H.B. 2811 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2811
By: Olivo
Public Health
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Options for the residential care of individuals with mental retardation
include community group homes and state schools.  The majority of mentally
retarded individuals residing in state schools are those with severe and
profound deficits that are frequently accompanied by severe medical or
behavioral problems.  Due to the increasing use of community group homes,
parents or guardians of mentally retarded individuals are in some cases
being informed that state schools are not a placement option.  H.B. 2811
requires the Texas Department of Mental Health and Mental Retardation
(department) to admit a mentally-retarded individual who meets the criteria
set by the department for admission to the school.  Additionally, this bill
also requires the department to seek authorization from the legislature
before closing a state school or discontinuing residential services at a
state school. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 533.038, Health and Safety Code, by adding
Subsection (d), as follows: 

(d)  Requires the Texas Department of Mental Health and Mental Retardation
(department) to admit to a state school an applicant who is a person with
mental retardation and who meets the department's admission criteria. 

SECTION 2.  Amends Section 533.083, Health and Safety Code, as follows:

Sec. 533.083.  New title:  EXPANSION, CLOSURE, OR CONSOLIDATION OF
FACILITY.  Deletes "criteria for" from title.  Prohibits the department
from closing a state school or discontinuing full-time residential services
at the school without specific authorization from the legislature. 

SECTION 3.Emergency clause.
  Effective date: upon passage.