CHAPTER 534. COMMUNITY SERVICES
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
SUBTITLE A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL
RETARDATION
CHAPTER 534. COMMUNITY SERVICES
SUBCHAPTER A. COMMUNITY CENTERS
Sec. 534.001. ESTABLISHMENT. (a) A county, municipality,
hospital district, school district, or an organizational
combination of two or more of those local agencies may establish
and operate a community center.
(b) In accordance with this subtitle, a community center may be:
(1) a community mental health center that provides mental health
services;
(2) a community mental retardation center that provides mental
retardation services; or
(3) a community mental health and mental retardation center that
provides mental health and mental retardation services.
(c) A community center is:
(1) an agency of the state, a governmental unit, and a unit of
local government, as defined and specified by Chapters 101 and
102, Civil Practice and Remedies Code;
(2) a local government, as defined by Section 791.003,
Government Code;
(3) a local government for the purposes of Chapter 2259,
Government Code; and
(4) a political subdivision for the purposes of Chapter 172,
Local Government Code.
(d) A community center may be established only if:
(1) the proposed center submits to the department a copy of the
contract between the participating local agencies, if applicable;
(2) the department approves the proposed center's plan to
develop and make available to the region's residents an effective
mental health or mental retardation program, or both, through a
community center that is appropriately structured to include the
financial, physical, and personnel resources necessary to meet
the region's needs; and
(3) the department determines that the center can appropriately,
effectively, and efficiently provide those services in the
region.
(e) Except as provided by this section, a community center
operating under this subchapter may operate only for the purposes
and perform only the functions defined in the center's plan. The
executive commissioner by rule shall specify the elements that
must be included in a plan and shall prescribe the procedure for
submitting, approving, and modifying a center's plan. In
addition to the services described in a center's plan, the center
may provide other health and human services and supports as
provided by a contract with or a grant received from a local,
state, or federal agency.
(f) Each function performed by a community center under this
title is a governmental function if the function is required or
affirmatively approved by any statute of this state or of the
United States or by a regulatory agency of this state or of the
United States duly acting under any constitutional or statutory
authority vesting the agency with such power. Notwithstanding any
other law, a community center is subject to Chapter 554,
Government Code.
(g) An entity is, for the purpose of operating a psychiatric
center, a governmental unit and a unit of local government under
Chapter 101, Civil Practice and Remedies Code, and a local
government under Chapter 102, Civil Practice and Remedies Code,
if the entity:
(1) is not operated to make a profit;
(2) is created through an intergovernmental agreement between a
community mental health center and any other governmental unit;
and
(3) contracts with the community mental health center and any
other governmental unit that created it to operate a psychiatric
center.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.07, eff.
Aug. 30, 1993; Acts 1995, 74th Leg., ch. 601, Sec. 1, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 835, Sec. 1, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1420, Sec. 8.276, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 198, Sec. 2.82, eff. Sept. 1,
2006.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1292, Sec. 2, eff. June 19, 2009.
Sec. 534.0015. PURPOSE AND POLICY. (a) A community center
created under this subchapter is intended to be a vital component
in a continuum of services for persons in this state who are
mentally ill or mentally retarded.
(b) It is the policy of this state that community centers strive
to develop services for persons who are mentally ill or mentally
retarded, and may provide requested services to persons with
developmental disabilities or with chemical dependencies, that
are effective alternatives to treatment in a large residential
facility.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.08, eff. Aug. 30,
1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1292, Sec. 3, eff. June 19, 2009.
Sec. 534.002. BOARD OF TRUSTEES FOR CENTER ESTABLISHED BY ONE
LOCAL AGENCY. The board of trustees of a community center
established by one local agency is composed of:
(1) the members of the local agency's governing body; or
(2) not fewer than five or more than nine qualified voters who
reside in the region to be served by the center and who are
appointed by the local agency's governing body.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.09, eff.
Aug. 30, 1993.
Sec. 534.003. BOARD OF TRUSTEES FOR CENTER ESTABLISHED BY AT
LEAST TWO LOCAL AGENCIES. (a) The board of trustees of a
community center established by an organizational combination of
local agencies is composed of not fewer than five or more than 13
members.
(b) The governing bodies of the local agencies shall appoint the
board members either from among the membership of the governing
bodies or from among the qualified voters who reside in the
region to be served by the center.
(c) When the center is established, the governing bodies shall
enter into a contract that stipulates the number of board members
and the group from which the members are chosen. They may
renegotiate or amend the contract as necessary to change the:
(1) method of choosing the members; or
(2) membership of the board of trustees to more accurately
reflect the ethnic and geographic diversity of the local service
area.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.10, eff.
Aug. 30, 1993; Acts 2003, 78th Leg., ch. 198, Sec. 2.200, eff.
Sept. 1, 2003.
Sec. 534.004. PROCEDURES RELATING TO BOARD OF TRUSTEES
MEMBERSHIP. (a) The local agency or organizational combination
of local agencies that establishes a community center shall
prescribe:
(1) the application procedure for a position on the board of
trustees;
(2) the procedure and criteria for making appointments to the
board of trustees;
(3) the procedure for posting notice of and filling a vacancy on
the board of trustees; and
(4) the grounds and procedure for removing a member of the board
of trustees.
(b) The local agency or organizational combination of local
agencies that appoints the board of trustees shall, in appointing
the members, attempt to reflect the ethnic and geographic
diversity of the local service area the community center serves.
The local agency or organizational combination shall include on
the board of trustees one or more persons otherwise qualified
under this chapter who are consumers of the types of services the
center provides or who are family members of consumers of the
types of services the center provides.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.11, eff.
Aug. 30, 1993; Acts 1999, 76th Leg., ch. 1187, Sec. 12, eff.
Sept. 1, 1999.
Sec. 534.005. TERMS; VACANCIES. (a) Appointed members of the
board of trustees who are not members of a local agency's
governing body serve staggered two-year terms. In appointing the
initial members, the appointing authority shall designate not
less than one-third or more than one-half of the members to serve
one-year terms and shall designate the remaining members to serve
two-year terms.
(b) A vacancy on a board of trustees composed of qualified
voters is filled by appointment for the remainder of the
unexpired term.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.12, eff.
Aug. 30, 1993; Acts 1999, 76th Leg., ch. 1187, Sec. 13, eff.
Sept. 1, 1999.
Sec. 534.006. TRAINING. (a) The board by rule shall establish:
(1) an annual training program for members of a board of
trustees administered by the professional staff of that community
center, including the center's legal counsel; and
(2) an advisory committee to develop training guidelines that
includes representatives of advocates for persons with mental
illness or mental retardation and representatives of boards of
trustees.
(b) Before a member of a board of trustees may assume office,
the member shall attend at least one training session
administered by that center's professional staff to receive
information relating to:
(1) the enabling legislation that created the community center;
(2) the programs the community center operates;
(3) the community center's budget for that program year;
(4) the results of the most recent formal audit of the community
center;
(5) the requirements of Chapter 551, Government Code, and
Chapter 552, Government Code;
(6) the requirements of conflict of interest laws and other laws
relating to public officials; and
(7) any ethics policies adopted by the community center.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.13, eff. Aug. 30,
1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82),
(88), eff. Sept. 1, 1995.
Sec. 534.0065. QUALIFICATIONS; CONFLICT OF INTEREST; REMOVAL.
(a) As a local public official, a member of the board of
trustees of a community center shall uphold the member's position
of public trust by meeting and maintaining the applicable
qualifications for membership and by complying with the
applicable requirements relating to conflicts of interest.
(b) A person is not eligible for appointment as a member of a
board of trustees 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
receiving funds from the community center by contract or other
method; or
(2) uses or receives a substantial amount of tangible goods or
funds from the community center, other than:
(A) compensation or reimbursement authorized by law for board of
trustees membership, attendance, or expenses; or
(B) as a consumer or as a family member of a client or patient
receiving services from the community center.
(c) The primary residence of a member of the board of trustees
must be in the local service area the member represents.
(d) A member of the board of trustees is subject to Chapter 171,
Local Government Code.
(e) A member of the board of trustees may not:
(1) refer for services a client or patient to a business entity
owned or controlled by a member of the board of trustees, unless
the business entity is the only business entity that provides the
needed services within the jurisdiction of the community center;
(2) use a community center facility in the conduct of a business
entity owned or controlled by that member;
(3) solicit, accept, or agree to accept from another person or
business entity a benefit in return for the member's decision,
opinion, recommendation, vote, or other exercise of discretion as
a local public official or for a violation of a duty imposed by
law;
(4) receive any benefit for the referral of a client or a
patient to the community center or to another business entity;
(5) appoint, vote for, or confirm the appointment of a person to
a paid office or position with the community center if the person
is related to a member of the board of trustees by affinity
within the second degree or by consanguinity within the third
degree; or
(6) solicit or receive a political contribution from a supplier
to or contractor with the community center.
(f) Not later than the date on which a member of the board of
trustees takes office by appointment or reappointment and not
later than the anniversary of that date, each member shall
annually execute and file with the community center an affidavit
acknowledging that the member has read the requirements for
qualification, conflict of interest, and removal prescribed by
this chapter.
(g) In addition to any grounds for removal adopted under Section
534.004(a), it is a ground for removal of a member of a board of
trustees if the member:
(1) violates Chapter 171, Local Government Code;
(2) is not eligible for appointment to the board of trustees at
the time of appointment as provided by Subsections (b) and (c);
(3) does not maintain during service on the board of trustees
the qualifications required by Subsections (b) and (c);
(4) violates a provision of Subsection (e);
(5) violates a provision of Section 534.0115; or
(6) does not execute the affidavit required by Subsection (f).
(h) If a board of trustees is composed of members of the
governing body of a local agency or organizational combination of
local agencies, this section applies only to the qualifications
for and removal from membership on the board of trustees.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.13, eff. Aug. 30,
1993.
Sec. 534.007. PROHIBITED ACTIVITIES BY FORMER OFFICERS OR
EMPLOYEES; OFFENSE. (a) A former officer or employee of a
community center who ceases service or employment with the center
may not represent any person or receive compensation for services
rendered on behalf of any person regarding a particular matter in
which the former officer or employee participated during the
period of employment, either through personal involvement or
because the case or proceeding was a matter within the officer's
or employee's official responsibility.
(b) This section does not apply to:
(1) a former employee who is compensated on the last date of
service or employment below the amount prescribed by the General
Appropriations Act for salary group 17, Schedule A, or salary
group 9, Schedule B, of the position classification salary
schedule; or
(2) a former officer or employee who is employed by a state
agency or another community center.
(c) Subsection (a) does not apply to a proceeding related to
policy development that was concluded before the officer's or
employee's service or employment ceased.
(d) A former officer or employee of a community center commits
an offense if the former officer or employee violates this
section. An offense under this section is a Class A misdemeanor.
(e) In this section:
(1) "Participated" means to have taken action as an officer or
employee through decision, approval, disapproval, recommendation,
giving advice, investigation, or similar action.
(2) "Particular matter" means a specific investigation,
application, request for a ruling or determination, proceeding
related to the development of policy, contract, claim, charge,
accusation, arrest, or judicial or other proceeding.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1999, 76th Leg., ch. 1187, Sec. 14, eff.
Sept. 1, 1999.
Sec. 534.008. ADMINISTRATION BY BOARD. (a) The board of
trustees is responsible for the effective administration of the
community center.
(b) The board of trustees shall make policies that are
consistent with the department's rules and standards.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.14, eff.
Aug. 30, 1993.
Sec. 534.009. MEETINGS. (a) The board of trustees shall adopt
rules for the holding of regular and special meetings.
(b) Board meetings are open to the public to the extent required
by and in accordance with Chapter 551, Government Code.
(c) The board of trustees shall keep a record of its proceedings
in accordance with Chapter 551, Government Code. The record is
open for public inspection in accordance with that law.
(d) The board of trustees shall send to the department and each
local agency that appoints the members a copy of the approved
minutes of board of trustees meetings by:
(1) mailing a copy appropriately addressed and with the
necessary postage paid using the United States postal service; or
(2) another method agreed to by the board of trustees and the
local agency.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.15, eff.
Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(84), eff.
Sept. 1, 1995.
Sec. 534.010. EXECUTIVE DIRECTOR. (a) The board of trustees
shall appoint an executive director for the community center.
(b) The board of trustees shall:
(1) adopt a written policy governing the powers that may be
delegated to the executive director; and
(2) annually report to each local agency that appoints the
members the executive director's total compensation and benefits.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.16, eff.
Aug. 30, 1993.
Sec. 534.011. PERSONNEL. (a) The executive director, in
accordance with the policies of the board of trustees, shall
employ and train personnel to administer the community center's
programs and services. The community center may recruit those
personnel and contract for recruiting and training purposes.
(b) The board of trustees shall provide employees of the
community center with appropriate rights, privileges, and
benefits.
(c) The board of trustees may provide workers' compensation
benefits.
(d) The board of trustees shall prescribe the number of
employees and their salaries. The board of trustees may choose to
set salaries and benefits in compliance with a market analysis or
internal salary study. If an internal salary study is used, the
board of trustees shall conduct the study in accordance with the
guidelines established by the commissioner.
(e) Instead of using a market analysis or internal salary study
to establish salaries and benefits, the board of trustees may use
the state position classification plan and the General
Appropriations Act to determine the appropriate classification
and relative compensation of officers and employees. The board of
trustees may pay salaries in amounts less than those provided by
the General Appropriations Act. For a position not on the
classification plan, the board of trustees shall set the
compensation according to guidelines adopted by the commissioner.
The board of trustees may petition the department for approval to
exclude a position from the position classification plan and to
provide a stated salary for that position that exceeds the amount
prescribed by the General Appropriations Act for the classified
position.
(f) During a management audit of a community center, the
department is entitled to confirm the method the center used to
determine salaries and benefits.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.17, eff.
Aug. 30, 1993.
Sec. 534.0115. NEPOTISM. (a) The board of trustees or
executive director may not hire as a paid officer or employee of
the community center a person who is related to a member of the
board of trustees by affinity within the second degree or by
consanguinity within the third degree.
(b) An officer or employee who is related to a member of the
board of trustees in a prohibited manner may continue to be
employed if the person began the employment not later than the
31st day before the date on which the member was appointed.
(c) The officer or employee or the member of the board of
trustees shall resign if the officer or employee began the
employment later than the 31st day before the date on which the
member was appointed.
(d) If an officer or employee is permitted to remain in
employment under Subsection (b), the related member of the board
of trustees may not participate in the deliberation of or voting
on an issue that is specifically applicable to the officer or
employee unless the issue affects an entire class or category of
employees.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.18, eff. Aug. 30,
1993.
Sec. 534.012. ADVISORY COMMITTEES. (a) The board of trustees
may appoint committees, including medical committees, to advise
the board of trustees on matters relating to mental health and
mental retardation services.
(b) Each committee must be composed of at least three members.
(c) The appointment of a committee does not relieve the board of
trustees of the final responsibility and accountability as
provided by this subtitle.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.19, eff.
Aug. 30, 1993.
Sec. 534.013. COOPERATION OF DEPARTMENT. The department shall
provide assistance, advice, and consultation to local agencies,
boards of trustees, and executive directors in the planning,
development, and operation of a community center.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 534.014. BUDGET; REQUEST FOR FUNDS. (a) Each community
center shall annually provide to each local agency that appoints
members to the board of trustees a copy of the center's:
(1) approved fiscal year operating budget;
(2) most recent annual financial audit; and
(3) staff salaries by position.
(b) The board of trustees shall annually submit to each local
agency that appoints the members a request for funds or in-kind
assistance to support the center.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.20, eff. Aug. 30,
1993.
Sec. 534.015. PROVISION OF SERVICES. (a) The board of trustees
may adopt rules to regulate the administration of mental health
or mental retardation services by a community center. The rules
must be consistent with the purposes, policies, principles, and
standards prescribed by this subtitle.
(b) The board of trustees may contract with a local agency or a
qualified person or organization to provide a portion of the
mental health or mental retardation services.
(c) With the commissioner's approval, the board of trustees may
contract with the governing body of another county or
municipality to provide mental health and mental retardation
services to residents of that county or municipality.
(d) A community center may provide services to a person who
voluntarily seeks assistance or who has been committed to that
center.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 534.0155. FOR WHOM SERVICES MAY BE PROVIDED. (a) This
subtitle does not prevent a community center from providing
services to a person with a chemical dependency, to a person with
a developmental disability, or to a person with a mental
disability, as defined by Section 535.001.
(b) A community center may provide those services by contracting
with a public or private agency in addition to the department.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.21, eff. Aug. 30,
1993. Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 7(a), eff.
Aug. 30, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1292, Sec. 4, eff. June 19, 2009.
Sec. 534.016. SCREENING AND CONTINUING CARE SERVICES. (a) A
community center shall provide screening services for a person
who requests voluntary admission to a department facility for
persons with mental illness and for a person for whom proceedings
for involuntary commitment to a department facility have been
initiated.
(b) A community center shall provide continuing mental health
and physical care services for a person referred to the center by
a department facility and for whom the facility superintendent
has recommended a continuing care plan.
(c) Services provided under this section must be consistent with
the department's rules and standards.
(d) The commissioner may designate a facility other than the
community center to provide the screening or continuing care
services if:
(1) local conditions indicate that the other facility can
provide the services more economically and effectively; or
(2) the commissioner determines that local conditions may impose
an undue burden on the community center.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 534.017. FEES FOR SERVICES. (a) A community center shall
charge reasonable fees for services the center provides, unless
prohibited by other service contracts or law.
(b) The community center may not deny services to a person
because of inability to pay for the services.
(c) The community center has the same rights, privileges, and
powers for collecting fees for treating patients and clients that
the department has by law.
(d) The county or district attorney of the county in which the
community center is located shall represent the center in
collecting fees when the center's executive director requests the
assistance.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.22, eff.
Aug. 30, 1993.
Sec. 534.0175. TRUST EXEMPTION. (a) If a client is the
beneficiary of a trust that has an aggregate principal of
$250,000 or less, the corpus or income of the trust is not
considered to be the property of the client or the client's
estate and is not liable for the client's support. If the
aggregate principal of the trust exceeds $250,000, only the
portion of the corpus of the trust that exceeds that amount and
the income attributable to that portion are considered to be the
property of the client or the client's estate and are liable for
the client's support.
(b) To qualify for the exemption provided by Subsection (a), the
trust and the trustee must comply with the requirements
prescribed by Sections 552.018 and 593.081.
Added by Acts 1993, 73rd Leg., ch. 166, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2001, 77th Leg., ch. 1020, Sec. 1, eff.
June 15, 2001.
Sec. 534.018. GIFTS AND GRANTS. A community center may accept
gifts and grants of money, personal property, and real property
to use in providing the center's programs and services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.23, eff.
Aug. 30, 1993.
Sec. 534.019. CONTRIBUTION BY LOCAL AGENCY. A participating
local agency may contribute land, buildings, facilities, other
real and personal property, personnel, and funds to administer
the community center's programs and services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.23, eff.
Aug. 30, 1993.
Sec. 534.020. ACQUISITION AND CONSTRUCTION OF PROPERTY AND
FACILITIES BY COMMUNITY CENTER. (a) A community center may
purchase or lease-purchase real and personal property and may
construct buildings and facilities.
(b) The board of trustees shall require that an appraiser
certified by the Texas Appraiser Licensing and Certification
Board conduct an independent appraisal of real estate the
community center intends to purchase. The board of trustees may
waive this requirement if the purchase price is less than the
value listed for the property by the local appraisal district and
the property has been appraised by the local appraisal district
within the preceding two years. A community center may not
purchase or lease-purchase property for an amount that is greater
than the property's appraised value unless:
(1) the purchase or lease-purchase of that property at that
price is necessary;
(2) the board of trustees documents in the official minutes the
reasons why the purchase or lease-purchase is necessary at that
price; and
(3) a majority of the board approves the transaction.
(c) The board of trustees shall establish in accordance with
relevant department rules competitive bidding procedures and
practices for capital purchases and for purchases involving
department funds or required local matching funds.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.23, eff.
Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 646, Sec. 8, eff. Aug.
30, 1993.
Sec. 534.021. APPROVAL AND NOTIFICATION REQUIREMENTS. (a) A
community center must receive from the department prior written
approval to acquire real property, including a building, if the
acquisition involves the use of department funds or local funds
required to match department funds. In addition, for acquisition
of nonresidential property, the community center must notify each
local agency that appoints members to the board of trustees not
later than the 31st day before it enters into a binding
obligation to acquire the property.
(b) A community center must notify the department and each local
agency that appoints members to the board of trustees not later
than the 31st day before it enters into a binding obligation to
acquire real property, including a building, if the acquisition
does not involve the use of department funds or local funds
required to match department funds. The commissioner, on request,
may waive the 30-day requirement on a case-by-case basis.
(c) The board shall adopt rules relating to the approval and
notification process.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 9(a), eff.
Sept. 1, 1993.
Sec. 534.022. FINANCING OF PROPERTY AND IMPROVEMENTS. (a) To
acquire or to refinance the acquisition of real and personal
property, to construct improvements to property, or to finance
all or part of a payment owed or to be owed on a credit
agreement, a community center may contract in accordance with
Subchapter A, Chapter 271, Local Government Code, or issue,
execute, refinance, or refund bonds, notes, obligations, or
contracts. The community center may secure the payment of the
bonds, notes, obligations, or contracts with a security interest
in or pledge of its revenues or by granting a mortgage on any of
its properties.
(a-1) For purposes of Subsection (a), "revenues" includes the
following, as those terms are defined by Section 9.102, Business
& Commerce Code:
(1) an account;
(2) a chattel paper;
(3) a commercial tort claim;
(4) a deposit account;
(5) a document;
(6) a general intangible;
(7) a health care insurance receivable;
(8) an instrument;
(9) investment property;
(10) a letter-of-credit right; and
(11) proceeds.
(b) Except as provided by Subsection (f), the community center
shall issue the bonds, notes, or obligations in accordance with
Chapters 1201 and 1371, Government Code. The attorney general
must approve before issuance:
(1) notes issued in the form of public securities, as that term
is defined by Section 1201.002, Government Code;
(2) obligations, as that term is defined by Section 1371.001,
Government Code; and
(3) bonds.
(c) A limitation prescribed in Subchapter A, Chapter 271, Local
Government Code, relating to real property and the construction
of improvements to real property, does not apply to a community
center.
(d) The board shall review the issuance of bonds or notes under
this section and for each issuance shall make a finding of
whether the proceeds are to be expended on projects or purchases
that are related to the provision of services. Not later than
November 1 of each year, the board shall submit to the
Legislative Budget Board, the Governor's Office of Budget and
Planning, and the state auditor a report that describes the use
and amount of proceeds derived from bonds and notes issued by
community centers in the preceding fiscal year.
(e) A county or municipality acting alone or two or more
counties or municipalities acting jointly pursuant to interlocal
contract may create a public facility corporation to act on
behalf of one or more community centers pursuant to Chapter 303,
Local Government Code. Such counties or municipalities may
exercise the powers of a sponsor under that chapter, and any such
corporation may exercise the powers of a corporation under that
chapter (including but not limited to the power to issue bonds).
The corporation may exercise its powers on behalf of community
centers in such manner as may be prescribed by the articles and
bylaws of the corporation, provided that in no event shall one
community center ever be liable to pay the debts or obligation or
be liable for the acts, actions, or undertakings of another
community center.
(f) The board of trustees of a community center may authorize
the issuance of an anticipation note in the same manner, using
the same procedure, and with the same rights under which an
eligible school district may authorize issuance under Chapter
1431, Government Code, except that anticipation notes issued for
the purposes described by Section 1431.004(a)(2), Government
Code, may not, in the fiscal year in which the attorney general
approves the notes for a community center, exceed 50 percent of
the revenue anticipated to be collected in that year.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.24, eff.
Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 161, Sec. 1, eff. May
16, 1993; Acts 1995, 74th Leg., ch. 821, Sec. 11, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 1420, Sec. 8.277, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
826, Sec. 1, eff. September 1, 2005.
Sec. 534.031. SURPLUS PERSONAL PROPERTY. The department may
transfer, with or without reimbursement, ownership and possession
of surplus personal property under the department's control or
jurisdiction to a community center for use in providing mental
health or mental retardation services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 534.032. RESEARCH. A community center may engage in
research and may contract for that purpose.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 534.033. LIMITATION ON DEPARTMENT CONTROL AND REVIEW. (a)
It is the intent of the legislature that the department limit its
control over, and routine reviews of, community center programs
to those programs that:
(1) use department funds or use required local funds that are
matched with department funds;
(2) provide core or required services;
(3) provide services to former clients or patients of a
department facility; or
(4) are affected by litigation in which the department is a
defendant.
(b) The department may review any community center program if
the department has reason to suspect that a violation of a
department rule has occurred or if the department receives an
allegation of patient or client abuse.
(c) The department may determine whether a particular program
uses department funds or uses required local matching funds.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.27, eff.
Aug. 30, 1993.
Sec. 534.035. REVIEW, AUDIT, AND APPEAL PROCEDURES. (a) The
department by rule shall establish review, audit, and appeal
procedures for community centers. The procedures must ensure that
reviews and audits are conducted in sufficient quantity and type
to provide reasonable assurance that a community center has
adequate and appropriate fiscal controls.
(b) In a community center plan approved under Section 534.001,
the center must agree to comply with the review and audit
procedures established under this section.
(c) If, by a date prescribed by the commissioner, the community
center fails to respond to a deficiency identified in a review or
audit to the satisfaction of the commissioner, the department may
sanction the center in accordance with board rules.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.28, eff. Aug. 30,
1993. Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 8, eff.
Sept. 1, 1999.
Sec. 534.036. FINANCIAL AUDIT. (a) The department shall
prescribe procedures for financial audits of community centers.
The department shall develop the procedures with the assistance
of the state agencies and departments that contract with
community centers. The department shall coordinate with each of
those state agencies and departments to incorporate each agency's
financial and compliance requirements for a community center into
a single audit that meets the requirements of Section 534.068.
Before prescribing or amending the procedures, the department
shall set a deadline for those state agencies and departments to
submit to the department proposals relating to the financial
audit procedures. The procedures must be consistent with any
requirements connected with federal funding received by the
community center. The department may not implement the procedures
without the approval of the Health and Human Services Commission.
(b) Each state agency or department that contracts with a
community center shall comply with the procedures developed under
this section.
(c) The department shall develop protocols for a state agency or
department to conduct additional financial audit activities of a
community center. A state agency or department may not conduct
additional financial audit activities of a community center
without the approval of the Health and Human Services Commission.
(d) Expired.
Added by Acts 1997, 75th Leg., ch. 869, Sec. 2, eff. Sept. 1,
1997.
Sec. 534.037. PROGRAM AUDIT. (a) The department shall
coordinate with each state agency or department that contracts
with a community center to prescribe procedures based on risk
assessment for coordinated program audits of the activities of a
community center. The department may not implement the procedures
without the approval of the Health and Human Services Commission.
The procedures must be consistent with any requirements connected
with federal funding received by the community center.
(b) A program audit of a community center must be performed in
accordance with procedures developed under this section.
(c) This section does not prohibit a state agency or department
or an entity providing funding to a community center from
investigating a complaint against or performing additional
contract monitoring of a community center.
(d) A program audit under this section must evaluate:
(1) the extent to which the community center is achieving the
desired results or benefits established by the legislature or by
a state agency or department;
(2) the effectiveness of the community center's organizations,
programs, activities, or functions; and
(3) whether the community center is in compliance with
applicable laws.
(e) Expired.
Added by Acts 1997, 75th Leg., ch. 869, Sec. 3, eff. Sept. 1,
1997.
Sec. 534.038. APPOINTMENT OF MANAGER OR MANAGEMENT TEAM. (a)
The commissioner may appoint a manager or management team to
manage and operate a community center if the commissioner finds
that the center or an officer or employee of the center:
(1) intentionally, recklessly, or negligently failed to
discharge the center's duties under a contract with the
department;
(2) misused state or federal money;
(3) engaged in a fraudulent act, transaction, practice, or
course of business;
(4) endangers or may endanger the life, health, or safety of a
person served by the center;
(5) failed to keep fiscal records or maintain proper control
over center assets as prescribed by Chapter 783, Government Code;
(6) failed to respond to a deficiency in a review or audit;
(7) substantially failed to operate within the functions and
purposes defined in the center's plan; or
(8) otherwise substantially failed to comply with this
subchapter or department rules.
(b) The department shall give written notification to the center
and local agency or combination of agencies responsible for
making appointments to the local board of trustees regarding:
(1) the appointment of the manager or management team; and
(2) the circumstances on which the appointment is based.
(c) The commissioner may require the center to pay costs
incurred by the manager or management team.
(d) The center may appeal the commissioner's decision to appoint
a manager or management team as prescribed by board rule. The
filing of a notice of appeal stays the appointment unless the
commissioner based the appointment on a finding under Subsection
(a)(2) or (4).
Added by Acts 1999, 76th Leg., ch. 1520, Sec. 1, eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., ch. 839, Sec. 1, eff.
Sept. 1, 2003.
Sec. 534.039. POWERS AND DUTIES OF MANAGEMENT TEAM. (a) As the
commissioner determines for each appointment, a manager or
management team appointed under Section 534.038 may:
(1) evaluate, redesign, modify, administer, supervise, or
monitor a procedure, operation, or the management of a community
center;
(2) hire, supervise, discipline, reassign, or terminate the
employment of a center employee;
(3) reallocate a resource and manage an asset of the center;
(4) provide technical assistance to an officer or employee of
the center;
(5) require or provide staff development;
(6) require that a financial transaction, expenditure, or
contract for goods and services must be approved by the manager
or management team;
(7) redesign, modify, or terminate a center program or service;
(8) direct the executive director, local board of trustees,
chief financial officer, or a fiscal or program officer of the
center to take an action;
(9) exercise a power or duty of an officer or employee of the
center; or
(10) make a recommendation to the local agency or combination of
agencies responsible for appointments to the local board of
trustees regarding the removal of a center trustee.
(b) The manager or management team shall supervise the exercise
of a power or duty by the local board of trustees.
(c) The manager or management team shall report monthly to the
commissioner and local board of trustees on actions taken.
(d) A manager or management team appointed under this section
may not use an asset or money contributed by a county,
municipality, or other local funding entity without the approval
of the county, municipality, or entity.
Added by Acts 1999, 76th Leg., ch. 1520, Sec. 1, eff. Sept. 1,
1999.
Sec. 534.040. RESTORING MANAGEMENT TO CENTER. (a) Each month,
the commissioner shall evaluate the performance of a community
center managed by a manager or team appointed under Section
534.038 to determine the feasibility of restoring the center's
management and operation to a local board of trustees.
(b) The authority of the manager or management team continues
until the commissioner determines that the relevant factors
listed under Section 534.038(a) no longer apply.
(c) Following a determination under Subsection (b), the
commissioner shall terminate the authority of the manager or
management team and restore authority to manage and operate the
center to the center's authorized officers and employees.
Added by Acts 1999, 76th Leg., ch. 1520, Sec. 1, eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., ch. 839, Sec. 2, eff.
Sept. 1, 2003.
SUBCHAPTER B. COMMUNITY-BASED SERVICES
Sec. 534.052. RULES AND STANDARDS. (a) The board shall adopt
rules, including standards, the board considers necessary and
appropriate to ensure the adequate provision of community-based
mental health and mental retardation services through a local
mental health or mental retardation authority under this
subchapter.
(b) The department shall send a copy of the rules to each local
mental health or mental retardation authority or other provider
receiving contract funds as a local mental health or mental
retardation authority or designated provider.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.29, eff.
Aug. 30, 1993.
Sec. 534.053. REQUIRED COMMUNITY-BASED SERVICES. (a) The
department shall ensure that, at a minimum, the following
services are available in each service area:
(1) 24-hour emergency screening and rapid crisis stabilization
services;
(2) community-based crisis residential services or
hospitalization;
(3) community-based assessments, including the development of
interdisciplinary treatment plans and diagnosis and evaluation
services;
(4) family support services, including respite care;
(5) case management services;
(6) medication-related services, including medication clinics,
laboratory monitoring, medication education, mental health
maintenance education, and the provision of medication; and
(7) psychosocial rehabilitation programs, including social
support activities, independent living skills, and vocational
training.
(b) The department shall arrange for appropriate community-based
services, including the assignment of a case manager, to be
available in each service area for each person discharged from a
department facility who is in need of care.
(c) To the extent that resources are available, the department
shall:
(1) ensure that the services listed in this section are
available for children, including adolescents, as well as adults,
in each service area;
(2) emphasize early intervention services for children,
including adolescents, who meet the department's definition of
being at high risk of developing severe emotional disturbances or
severe mental illnesses; and
(3) ensure that services listed in this section are available
for defendants required to submit to mental health treatment
under Article 17.032 or Section 5(a) or 11(d), Article 42.12,
Code of Criminal Procedure.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 4.021, eff.
Sept. 1, 1993.
Sec. 534.0535. JOINT DISCHARGE PLANNING. (a) The board shall
adopt, and the department shall enforce, rules that require
continuity of services and planning for patient or client care
between department facilities and local mental health or mental
retardation authorities.
(b) At a minimum, the rules must require joint discharge
planning between a department facility and a local mental health
or mental retardation authority before a facility discharges a
patient or client or places the patient or client on an extended
furlough with an intent to discharge.
(c) The local mental health or mental retardation authority
shall plan with the department facility and determine the
appropriate community services for the patient or client.
(d) The local mental health or mental retardation authority
shall arrange for the provision of the services if department
funds are to be used and may subcontract with or make a referral
to a local agency or entity.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.30, eff. Aug. 30,
1993.
Sec. 534.054. DESIGNATION OF PROVIDER. (a) The department
shall identify and contract with a local mental health or mental
retardation authority for each service area to ensure that
services are provided to patient and client populations
determined by the department. A local mental health or mental
retardation authority shall ensure that services to address the
needs of priority populations are provided as required by the
department and shall comply with the rules and standards adopted
under Section 534.052.
(b) Repealed by Acts 1997, 75th Leg., ch. 869, Sec. 5, eff.
Sept. 1, 1997.
(c) The department may contract with a local agency or a private
provider or organization to act as a designated provider of a
service if the department:
(1) cannot negotiate a contract with a local mental health or
mental retardation authority to ensure that a specific required
service for priority populations is available in that service
area; or
(2) determines that a local mental health or mental retardation
authority does not have the capacity to ensure the availability
of that service.
(d) Repealed by Acts 1997, 75th Leg., ch. 869, Sec. 5, eff.
Sept. 1, 1997.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.31, eff.
Aug. 30, 1993; Acts 1995, 74th Leg., ch. 821, Sec. 12, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 869, Sec. 5, eff. Sept. 1,
1997.
Sec. 534.055. CONTRACTS FOR CERTAIN COMMUNITY SERVICES. (a) A
mental health or mental retardation authority and a private
provider shall use a contract designed by the department as a
model contract for the provision of services at the community
level for persons with mental retardation or mental illness,
including residential services, if the contract involves the use
of state funds or funds for which the state has oversight
responsibility.
(b) The department shall design one or more model contracts and
shall retain copies of each model contract in the central office
of the department.
(c) A model contract must:
(1) require that the services provided by the private provider
be based on the patient's or client's individual treatment plan;
(2) provide that a community-based residential facility that is
a family home as defined in Chapter 123, Human Resources Code may
house only a person with a disability as defined in Section
123.002, Human Resources Code;
(3) prohibit the use of the facility for purposes such as
restitution centers, homes for substance abusers, or halfway
houses; and
(4) outline a dispute resolution procedure.
(d) The department shall design a competitive procurement or
similar system that a mental health or mental retardation
authority shall use in awarding an initial contract under this
section.
(e) The system must require that each mental health or mental
retardation authority:
(1) ensure public participation in the authority's decisions
regarding whether to provide or to contract for a service;
(2) make a reasonable effort to give notice of the intent to
contract for services to each potential private provider in the
local service area of the authority; and
(3) review each submitted proposal and award the contract to the
applicant that the authority determines has made the lowest and
best bid to provide the needed services.
(f) Each mental health or mental retardation authority, in
determining the lowest and best bid, shall consider any relevant
information included in the authority's request for bid
proposals, including:
(1) price;
(2) the ability of the bidder to perform the contract and to
provide the required services;
(3) whether the bidder can perform the contract or provide the
services within the period required, without delay or
interference;
(4) the bidder's history of compliance with the laws relating to
the bidder's business operations and the affected services and
whether the bidder is currently in compliance;
(5) whether the bidder's financial resources are sufficient to
perform the contract and to provide the services;
(6) whether necessary or desirable support and ancillary
services are available to the bidder;
(7) the character, responsibility, integrity, reputation, and
experience of the bidder;
(8) the quality of the facilities and equipment available to or
proposed by the bidder;
(9) the ability of the bidder to provide continuity of services;
and
(10) the ability of the bidder to meet all applicable written
departmental policies, principles, and regulations.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.32, eff.
Aug. 30, 1993; Acts 1995, 74th Leg., ch. 821, Sec. 13, eff. Sept.
1, 1995.
Sec. 534.056. COORDINATION OF ACTIVITIES. A local mental health
or mental retardation authority shall coordinate its activities
with the activities of other appropriate agencies that provide
care and treatment for persons with drug or alcohol problems.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.33, eff.
Aug. 30, 1993.
Sec. 534.057. RESPITE CARE. (a) The board shall adopt rules
relating to the provision of respite care and shall develop a
system to reimburse providers of in-home respite care.
(b) The rules must:
(1) encourage the use of existing local providers;
(2) encourage family participation in the choice of a qualified
provider;
(3) establish procedures necessary to administer this section,
including procedures for:
(A) determining the amount and type of in-home respite care to
be authorized;
(B) reimbursing providers;
(C) handling appeals from providers;
(D) handling complaints from recipients of in-home respite care;
(E) providing emergency backup for in-home respite care
providers; and
(F) advertising for, selecting, and training in-home respite
care providers; and
(4) specify the conditions and provisions under which a
provider's participation in the program can be canceled.
(c) The board shall establish service and performance standards
for department facilities and designated providers to use in
operating the in-home respite care program. The board shall
establish the standards from information obtained from the
families of patients and clients receiving in-home respite care
and from providers of in-home respite care. The board may obtain
the information at a public hearing or from an advisory group.
(d) The service and performance standards established by the
board under Subsection (c) must:
(1) prescribe minimum personnel qualifications the board
determines are necessary to protect health and safety;
(2) establish levels of personnel qualifications that are
dependent on the needs of the patient or client; and
(3) permit a health professional with a valid Texas
practitioner's license to provide care that is consistent with
the professional's training and license without requiring
additional training unless the board determines that additional
training is necessary.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 534.058. STANDARDS OF CARE. (a) The department shall
develop standards of care for the services provided by a local
mental health or mental retardation authority and its
subcontractors under this subchapter.
(b) The standards must be designed to ensure that the quality of
the community-based services is consistent with the quality of
care available in department facilities.
(c) In conjunction with local mental health or mental
retardation authorities, the department shall review the
standards biennially to determine if each standard is necessary
to ensure the quality of care.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.34, eff.
Aug. 30, 1993.
Sec. 534.059. CONTRACT COMPLIANCE FOR LOCAL AUTHORITIES. (a)
The department shall evaluate a local mental health or mental
retardation authority's compliance with its contract to ensure
the provision of specific services to priority populations.
(b) If, by a date set by the commissioner, a local mental health
or mental retardation authority fails to comply with its contract
to ensure the provision of services to the satisfaction of the
commissioner, the department may impose a sanction as provided by
the applicable contract rule until the dispute is resolved. The
department shall notify the authority in writing of the
department's decision to impose a sanction.
(c) A local mental health or mental retardation authority may
appeal the department's decision to impose a sanction on the
authority. The board by rule shall prescribe the appeal
procedure.
(d) The filing of a notice of appeal stays the imposition of the
department's decision to impose a sanction except when an act or
omission by a local mental health or mental retardation authority
is endangering or may endanger the life, health, welfare, or
safety of a person.
(e) While an appeal under this section is pending, the
department may limit general revenue allocations to a local
mental health or mental retardation authority to monthly
distributions.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.35, eff.
Aug. 30, 1993; Acts 1999, 76th Leg., ch. 1209, Sec. 9, eff. Sept.
1, 1999.
Sec. 534.060. PROGRAM AND SERVICE MONITORING AND REVIEW OF LOCAL
AUTHORITIES. (a) The department shall develop mechanisms for
monitoring the services provided by a local mental health or
mental retardation authority.
(b) The department shall review the program quality and program
performance results of a local mental health or mental
retardation authority in accordance with a risk assessment and
evaluation system appropriate to the authority's contract
requirements. The department may determine the scope of the
review.
(c) A contract between a local mental health or mental
retardation authority and the department must authorize the
department to have unrestricted access to all facilities,
records, data, and other information under the control of the
authority as necessary to enable the department to audit,
monitor, and review the financial and program activities and
services associated with department funds.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.36, eff.
Aug. 30, 1993; Acts 1997, 75th Leg., ch. 869, Sec. 4, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 1209, Sec. 10, eff. Sept. 1,
1999.
Sec. 534.0601. COORDINATED PROGRAM AUDITS OF LOCAL AUTHORITIES.
(a) The department shall coordinate with each agency or
department of the state that contracts with a local mental health
or mental retardation authority to prescribe procedures for a
coordinated program audit of the authority. The procedures must
be:
(1) consistent with the requirements for the receipt of federal
funding by the authority; and
(2) based on risk assessment.
(b) A program audit must evaluate:
(1) the extent to which a local mental health or mental
retardation authority is achieving the results or benefits
established by an agency or department of the state or by the
legislature;
(2) the effectiveness of the authority's organization, program,
activities, or functions; and
(3) the authority's compliance with law.
(c) A program audit of a local mental health or mental
retardation authority must be performed in accordance with the
procedures prescribed under this section.
(d) The department may not implement a procedure for a program
audit under this section without the approval of the Health and
Human Services Commission.
(e) This section does not prohibit an agency, department, or
other entity providing funding to a local mental health or mental
retardation authority from investigating a complaint against the
authority or performing additional contract monitoring of the
authority.
Added by Acts 1999, 76th Leg., ch. 1209, Sec. 11, eff. Sept. 1,
1999.
Sec. 534.0602. FINANCIAL AUDITS OF LOCAL AUTHORITIES. (a) The
department shall prescribe procedures for a financial audit of a
local mental health or mental retardation authority. The
procedures must be consis