CHAPTER 532. ORGANIZATION OF TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
SUBTITLE A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL
RETARDATION
CHAPTER 532. ORGANIZATION OF TEXAS DEPARTMENT OF MENTAL HEALTH
AND MENTAL RETARDATION
Sec. 532.001. COMPOSITION OF DEPARTMENT. (a) The Texas
Department of Mental Health and Mental Retardation is composed
of:
(1) the Texas Board of Mental Health and Mental Retardation;
(2) the commissioner of mental health and mental retardation;
and
(3) a staff under the direction of the commissioner.
(b) The Department of Aging and Disability Services and the
Department of State Health Services also include community
services operated by those departments and the following
facilities, as appropriate:
(1) the central office of each department;
(2) the Austin State Hospital;
(3) the Big Spring State Hospital;
(4) the Kerrville State Hospital;
(5) the Rusk State Hospital;
(6) the San Antonio State Hospital;
(7) the Terrell State Hospital;
(8) the North Texas State Hospital;
(9) the Abilene State Supported Living Center;
(10) the Austin State Supported Living Center;
(11) the Brenham State Supported Living Center;
(12) the Corpus Christi State Supported Living Center;
(13) the Denton State Supported Living Center;
(14) the Lubbock State Supported Living Center;
(15) the Lufkin State Supported Living Center;
(16) the Mexia State Supported Living Center;
(17) the Richmond State Supported Living Center;
(18) the San Angelo State Supported Living Center;
(19) the San Antonio State Supported Living Center;
(20) the El Paso State Supported Living Center;
(21) the Rio Grande State Center; and
(22) the Waco Center for Youth.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 821, Sec. 3, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 500, Sec. 1, eff. May
31, 1997; Acts 1999, 76th Leg., ch. 543, Sec. 1, eff. June 18,
1999; Acts 2001, 77th Leg., ch. 893, Sec. 1, eff. June 14, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
284, Sec. 19, eff. June 11, 2009.
Sec. 532.002. SUNSET PROVISION. The Texas Department of Mental
Health and Mental Retardation is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that Act, the department is abolished and this
chapter expires September 1, 2011.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.
4.07, eff. Nov. 12, 1991; Acts 1999, 76th Leg., ch. 1187, Sec. 1,
eff. Sept. 1, 1999.
Sec. 532.003. COMPOSITION OF BOARD. (a) The board is composed
of nine members appointed by the governor with the advice and
consent of the senate.
(b) The members must be representatives of the public who have
demonstrated interest in mental health, mental retardation,
developmental disabilities, or the health and human services
system. At least one member must be a consumer of services for
persons with mental illness or mental retardation or a family
member of a consumer of those services.
(c) Appointments to the board shall be made without regard to
the race, color, handicap, sex, religion, age, or national origin
of the appointees.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 208, Sec. 1, eff. Aug.
28, 1995; Acts 1995, 74th Leg., ch. 821, Sec. 4, eff. Sept. 1,
1995.
Sec. 532.0035. BOARD TRAINING. (a) A person who is appointed
to and qualifies for office as a member of the board may not
vote, deliberate, or be counted as a member in attendance at a
meeting of the board until the person completes a training
session that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the department and board;
(2) the programs operated by the department;
(3) the roles and functions of the department;
(4) the rules of the department with an emphasis on the rules
that relate to disciplinary and investigatory authority;
(5) the current budget for the department;
(6) the results of the most recent formal audit of the
department;
(7) the requirements of:
(A) the open meetings law, Chapter 551, Government Code;
(B) the public information law, Chapter 552, Government Code;
(C) the administrative procedure law, Chapter 2001, Government
Code; and
(D) other laws relating to public officials, including
conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the department or
the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 1187, Sec. 2, eff. Sept. 1,
1999.
Sec. 532.004. RESTRICTIONS ON BOARD APPOINTMENT AND MEMBERSHIP
AND ON DEPARTMENT EMPLOYMENT. (a) A person is not eligible for
appointment as a board member if the person or the person's
spouse:
(1) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by the department or receiving funds from the
department; or
(2) uses or receives a substantial amount of tangible goods,
services, or funds from the department, other than:
(A) compensation or reimbursement authorized by law for board
membership, attendance, or expenses; or
(B) as a parent or guardian of a client or patient receiving
services from the department.
(b) An officer, employee, or paid consultant of a trade
association in the field of mental health or mental retardation
may not be a member of the board or an employee of the
department.
(c) A person who is the spouse of an officer, employee, or paid
consultant of a trade association in the field of mental health
or mental retardation may not be a board member or a department
employee grade 17 or over, including exempt employees, according
to the position classification schedule under the General
Appropriations Act.
(d) A person may not serve as a member of the board or act as
the general counsel to the department if the person is required
to register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of
a profession related to the operation of the department.
(e) For purposes of this section, a trade association is a
nonprofit, cooperative, voluntarily joined association of
business or professional competitors designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 532.005. TERMS. Board members serve six-year terms.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 532.006. CHAIRMAN. The governor shall designate a board
member as chairman.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 532.007. REMOVAL OF BOARD MEMBERS. (a) It is a ground for
removal from the board if a member:
(1) is not eligible for appointment to the board at the time of
appointment as provided by Section 532.004(a);
(2) does not maintain during service on the board the
qualifications required by Section 532.004(a);
(3) violates a prohibition established by Section 532.004(b),
(c), or (d);
(4) cannot discharge the member's duties for a substantial part
of the term for which the member is appointed because of illness
or disability; or
(5) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year unless the absence is excused by majority vote of
the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board
member exists.
(c) If the commissioner has knowledge that a potential ground
for removal exists, the commissioner shall notify the chairman of
the board of the ground. The chairman shall then notify the
governor that a potential ground for removal exists.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 532.009. REIMBURSEMENT FOR EXPENSES; PER DIEM. A board
member is entitled to receive:
(1) reimbursement for actual and necessary expenses incurred in
discharging the member's duties; and
(2) the per diem compensation as provided by appropriation for
each day the member actually performs official duties.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 532.010. BOARD MEETINGS. (a) The board shall hold at
least four regular meetings each year in the city of Austin on
dates set by board rule. The board shall adopt rules that provide
for holding special meetings.
(b) A board meeting, other than a meeting to deliberate the
appointment of the commissioner, is open to the public.
(c) The board shall adopt policies that provide the public with
a reasonable opportunity to appear before the board and to speak
on any issue under the board's jurisdiction.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 532.011. COMMISSIONER. (a) The commissioner of health and
human services shall employ a commissioner in accordance with
Section 531.0056, Government Code.
(b) To be qualified for employment as commissioner, a person
must have:
(1) professional training and experience in the administration
or management of comprehensive health care or human service
operations; and
(2) proven administrative and management ability, preferably in
the health care area.
(c) Repealed by Acts 1999, 76th Leg., ch. 1460, Sec. 13.01(3),
eff. Sept. 1, 1999.
(d) The commissioner:
(1) has the administrative and decisional powers granted under
this subtitle; and
(2) shall administer the department and this subtitle and ensure
the effective administration of the department and its programs
and services.
(e) The commissioner shall:
(1) establish qualifications for department personnel that
balance clinical and programmatic knowledge and management
experience; and
(2) standardize qualifications for personnel positions
throughout the department.
(f) The commissioner shall:
(1) establish an organizational structure within the department
that will promote the effective administration of this subtitle;
and
(2) establish the duties and functions of the department's
staff.
(g) The commissioner is responsible for implementation of the
board's planning, policy, resource development and allocation,
and oversight related to mental health and mental retardation
services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.150, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 821, Sec. 5, eff. Sept.
1, 1995; Acts 1999, 76th Leg., ch. 1460, Sec. 2.21, 13.01(3) eff.
Sept. 1, 1999.
Sec. 532.012. MEDICAL DIRECTOR. (a) The commissioner shall
appoint a medical director.
(b) To be qualified for appointment as medical director, a
person must:
(1) be a physician licensed to practice in this state; and
(2) have proven administrative experience and ability in
comprehensive health care or human service operations.
(c) The medical director reports to the commissioner and is
responsible for:
(1) oversight of the quality and appropriateness of clinical
services delivered in department facilities or under contract to
the department; and
(2) leadership in physician recruitment and retention and peer
review.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 821, Sec. 6, eff.
Sept. 1, 1995.
Sec. 532.014. HEADS OF DEPARTMENTAL FACILITIES. (a) The
commissioner shall appoint the head of each facility the
department administers.
(b) The head of a facility serves at the will of the
commissioner.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 821, Sec. 7, eff.
Sept. 1, 1995.
Sec. 532.015. RULES AND POLICIES. (a) The board shall adopt
rules and develop basic and general policies to guide the
department in administering this subtitle. The rules and policies
must be consistent with the purposes, policies, principles, and
standards stated in this subtitle.
(b) The board shall adopt policies that clearly define the
respective responsibilities of the board and the staff of the
department.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 532.016. PERSONNEL. (a) The commissioner shall develop an
intra-agency career ladder program. The program shall require
intra-agency posting of all nonentry level positions concurrently
with any public posting.
(b) The commissioner shall develop a system of annual job
performance evaluations. All merit pay for department employees
must be based on the system established under this subsection.
(c) The department shall provide to its members and employees,
as often as necessary, information regarding their qualifications
under this subtitle and their responsibilities under applicable
laws relating to standards of conduct for state officers or
employees.
(d) The commissioner or the commissioner's designee shall
prepare and maintain a written policy statement that implements a
program of equal employment opportunity to ensure that all
personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin. The policy
statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the department to avoid the
unlawful employment practices described by Chapter 21, Labor
Code;
(2) an analysis of the extent to which the composition of the
department's personnel is in accordance with state and federal
law and a description of reasonable methods to achieve compliance
with state and federal law; and
(3) procedures by which a determination can be made of
significant underutilization in the department work force of all
persons for whom federal or state guidelines encourage a more
equitable balance and reasonable methods to appropriately address
those areas of significant underutilization.
(e) The policy statement must:
(1) be updated annually;
(2) be reviewed by the Commission on Human Rights for compliance
with Subsection (d)(1); and
(3) be filed with the governor's office.
(f) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection
(e)(3). The report may be made separately or as a part of other
biennial reports made to the legislature.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1999, 76th Leg., ch. 1187, Sec. 3, eff.
Sept. 1, 1999.
Sec. 532.017. ANNUAL REPORTS. (a) The department shall file
annually with the governor and the presiding officer of each
house of the legislature a complete and detailed written report
accounting for all funds received and disbursed by the department
during the preceding fiscal year. The report must be in the form
and reported in the time provided by the General Appropriations
Act.
(b) The report must include the activities of the Interstate
Compact on Mental Health, the amount and types of transfers by
the department in and out of the state using the compact, and an
accounting of any funds received and disbursed by the office of
the Interstate Compact on Mental Health Administrator for Texas.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 532.018. AUDITS. (a) The financial transactions of the
department are subject to audit by the state auditor in
accordance with Chapter 321, Government Code.
(b) The director of the internal audit unit shall report
directly to the commissioner.
(c) Each audit report shall be submitted directly to the board.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 532.019. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a)
The department shall prepare information of public interest
describing the functions of the department and the procedures by
which complaints are filed with and resolved by the department.
The department shall make the information available to the public
and appropriate state agencies.
(b) The board by rule shall establish methods by which consumers
and service recipients are notified of the name, mailing address,
and telephone number of the department for the purpose of
directing complaints to the department. The board may provide for
that notification:
(1) on each registration form, application, or written contract
for services of an entity regulated under this subtitle or of an
entity the creation of which is authorized by this subtitle;
(2) on a sign that is prominently displayed in the place of
business of each entity regulated under this subtitle or of each
entity the creation of which is authorized by this subtitle; or
(3) in a bill for service provided by an entity regulated under
this subtitle or by an entity the creation of which is authorized
by this subtitle.
(c) If a written complaint is filed with the department relating
to an entity regulated by the department, the department, at
least quarterly and until final disposition of the complaint,
shall notify the complainant and the entity regulated by the
department of the status of the complaint unless notice would
jeopardize an undercover investigation.
(d) The department shall keep an information file about each
complaint filed with the department relating to an entity
regulated by the department.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 532.020. ADVISORY COMMITTEES. (a) The board shall appoint
a medical advisory committee and any other advisory committees
the board considers necessary to assist in the effective
administration of the department's mental health and mental
retardation programs.
(b) The department may reimburse committee members for travel
costs incurred in performing their duties at the rates authorized
for state officers and employees under the General Appropriations
Act.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 532.021. CITIZENS' PLANNING ADVISORY COMMITTEE. (a) The
board shall appoint a citizens' planning advisory committee that
is composed of:
(1) three persons who have demonstrated an interest in and
knowledge of the department system and the legal, political, and
economic environment in which the department operates;
(2) three persons who have expertise in the development and
implementation of long-range plans; and
(3) three members of the public.
(b) In addition to the requirements of Subsection (a), at least
one member must be a consumer of services for persons with mental
illness or a family member of a consumer of those services, and
at least one member must be a consumer of services for persons
with mental retardation or a family member of a consumer of those
services.
(c) The committee shall:
(1) advise the department on all stages of the development and
implementation of the long-range plan required by Section
533.032;
(2) review the development, implementation, and any necessary
revisions of the long-range plan;
(3) review the department's biennial budget request and assess
the degree to which the request allows for implementation of the
long-range plan; and
(4) advise the board on:
(A) the appropriateness of the long-range plan;
(B) any identified problems related to the implementation of the
plan;
(C) any necessary revisions to the plan; and
(D) the adequacy of the department's budget request.
(d) The board shall review the committee's reports in
conjunction with information provided by the department on the
long-range plan or the biennial budget request.
(e) The board shall allow the committee opportunities to appear
before the board as needed.
(f) Before a board meeting relating to the development,
implementation, or revision of the department's long-range plan,
the department shall, in a timely manner, provide the committee
with any information that will be presented to the board.
(g) Before submitting the department's biennial budget request
to the board for discussion or approval, the department shall, in
a timely manner, provide the committee with a copy of the budget
request.
(h) The department shall provide the committee with the staff
support necessary to allow the committee to fulfill its duties.
(i) The committee shall provide copies of its reports to the
board, governor, lieutenant governor, speaker of the house of
representatives, and appropriate legislative committees.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.