HBA-MSH H.B. 1728 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1728
By: Maxey
Public Health
3/1/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the superintendent of each state hospital sets the smoking
policy for each facility.  Two state hospital campuses have a ban on
smoking, both inside and outside buildings.  This means that individuals
who are hospitalized at these facilities for psychiatric treatment are
required to abstain from smoking during their institutionalization.  Some
patients have indicated a desire not  to address their tobacco addiction
and psychiatric treatment simultaneously.  House Bill 1728 requires the
Texas Department of Mental Health and Mental Retardation to allow smoking
in its facilities. 

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. 

ANALYSIS

House Bill 1728 amends the Health and Safety Code to require the Texas
Department of Mental Health and Mental Retardation (MHMR)  to permit the
possession, delivery, and use of cigarettes and tobacco products by
patients and staff of state hospitals.  The bill requires MHMR to provide
for the designation by the superintendent of each state hospital of
approved areas in which patients and staff of the state hospital are
permitted to use cigarettes and tobacco products.  The bill provides that
the approved areas must be accessible to the patients and staff. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.