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  H.B. No. 446
 
 
 
 
AN ACT
  relating to the terminology used in statute to refer to
  intellectual disability and certain references to abolished health
  and human services agencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. CIVIL PRACTICE AND REMEDIES CODE PROVISIONS
         SECTION 1.01.  Sections 74.001(a)(11) and (18), Civil
  Practice and Remedies Code, are amended to read as follows:
               (11)  "Health care institution" includes:
                     (A)  an ambulatory surgical center;
                     (B)  an assisted living facility licensed under
  Chapter 247, Health and Safety Code;
                     (C)  an emergency medical services provider;
                     (D)  a health services district created under
  Chapter 287, Health and Safety Code;
                     (E)  a home and community support services agency;
                     (F)  a hospice;
                     (G)  a hospital;
                     (H)  a hospital system;
                     (I)  an intermediate care facility for
  individuals with an intellectual disability [the mentally
  retarded] or a home and community-based services waiver program for
  individuals [persons] with an intellectual disability [mental
  retardation] adopted in accordance with Section 1915(c) of the
  federal Social Security Act (42 U.S.C. Section 1396n), as amended;
                     (J)  a nursing home; or
                     (K)  an end stage renal disease facility licensed
  under Section 251.011, Health and Safety Code.
               (18)  "Intermediate care facility for individuals with
  an intellectual disability [the mentally retarded]" means a
  licensed public or private institution to which Chapter 252, Health
  and Safety Code, applies.
  ARTICLE 2. CODE OF CRIMINAL PROCEDURE PROVISIONS
         SECTION 2.01.  Article 46C.001(4), Code of Criminal
  Procedure, is amended to read as follows:
               (4)  "Intellectual disability [Mental retardation]"
  has the meaning assigned by Section 591.003, Health and Safety
  Code.
         SECTION 2.02.  Article 46C.105(c), Code of Criminal
  Procedure, is amended to read as follows:
         (c)  The examiner shall submit a separate report stating the
  examiner's observations and findings concerning:
               (1)  whether the defendant is presently a person with a
  mental illness and requires court-ordered mental health services
  under Subtitle C, Title 7, Health and Safety Code; or
               (2)  whether the defendant is presently a person with
  an intellectual disability [mental retardation].
         SECTION 2.03.  Article 46C.201, Code of Criminal Procedure,
  is amended to read as follows:
         Art. 46C.201.  DISPOSITION: NONDANGEROUS CONDUCT. (a) If
  the court determines that the offense of which the person was
  acquitted did not involve conduct that caused serious bodily injury
  to another person, placed another person in imminent danger of
  serious bodily injury, or consisted of a threat of serious bodily
  injury to another person through the use of a deadly weapon, the
  court shall determine whether there is evidence to support a
  finding that the person is a person with a mental illness or an
  intellectual disability [with mental retardation].
         (b)  If the court determines that there is evidence to
  support a finding of mental illness or intellectual disability
  [mental retardation], the court shall enter an order transferring
  the person to the appropriate court for civil commitment
  proceedings to determine whether the person should receive
  court-ordered mental health services under Subtitle C, Title 7,
  Health and Safety Code, or be committed to a residential care
  facility to receive intellectual disability [mental retardation]
  services under Subtitle D, Title 7, Health and Safety Code.  The
  court may also order the person:
               (1)  detained in jail or any other suitable place
  pending the prompt initiation and prosecution of appropriate civil
  proceedings by the attorney representing the state or other person
  designated by the court; or
               (2)  placed in the care of a responsible person on
  satisfactory security being given for the acquitted person's proper
  care and protection.
         SECTION 2.04.  Article 46C.252(c), Code of Criminal
  Procedure, is amended to read as follows:
         (c)  The report must address:
               (1)  whether the acquitted person has a mental illness
  or an intellectual disability [mental retardation] and, if so,
  whether the mental illness or intellectual disability [mental
  retardation] is severe;
               (2)  whether as a result of any severe mental illness or
  intellectual disability [mental retardation] the acquitted person
  is likely to cause serious harm to another;
               (3)  whether as a result of any impairment the
  acquitted person is subject to commitment under Subtitle C or D,
  Title 7, Health and Safety Code;
               (4)  prospective treatment and supervision options, if
  any, appropriate for the acquitted person; and
               (5)  whether any required treatment and supervision can
  be safely and effectively provided as outpatient or community-based
  treatment and supervision.
         SECTION 2.05.  Article 46C.253(b), Code of Criminal
  Procedure, is amended to read as follows:
         (b)  At the hearing, the court shall address:
               (1)  whether the person acquitted by reason of insanity
  has a severe mental illness or an intellectual disability [mental
  retardation];
               (2)  whether as a result of any mental illness or
  intellectual disability [mental retardation] the person is likely
  to cause serious harm to another; and
               (3)  whether appropriate treatment and supervision for
  any mental illness or intellectual disability [mental retardation]
  rendering the person dangerous to another can be safely and
  effectively provided as outpatient or community-based treatment
  and supervision.
         SECTION 2.06.  Article 46C.255(c), Code of Criminal
  Procedure, is amended to read as follows:
         (c)  If a hearing is held before a jury and the jury
  determines that the person has a mental illness or an intellectual
  disability [mental retardation] and is likely to cause serious harm
  to another, the court shall determine whether inpatient treatment
  or residential care is necessary to protect the safety of others.
         SECTION 2.07.  Article 46C.256(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  The court shall order the acquitted person committed to
  a mental hospital or other appropriate facility for inpatient
  treatment or residential care if the state establishes by clear and
  convincing evidence that:
               (1)  the person has a severe mental illness or an
  intellectual disability [mental retardation];
               (2)  the person, as a result of that mental illness or
  intellectual disability [mental retardation], is likely to cause
  serious bodily injury to another if the person is not provided with
  treatment and supervision; and
               (3)  inpatient treatment or residential care is
  necessary to protect the safety of others.
         SECTION 2.08.  Article 46C.257(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  The court shall order the acquitted person to receive
  outpatient or community-based treatment and supervision if:
               (1)  the state establishes by clear and convincing
  evidence that the person:
                     (A)  has a severe mental illness or an
  intellectual disability [mental retardation]; and
                     (B)  as a result of that mental illness or
  intellectual disability [mental retardation] is likely to cause
  serious bodily injury to another if the person is not provided with
  treatment and supervision; and
               (2)  the state fails to establish by clear and
  convincing evidence that inpatient treatment or residential care is
  necessary to protect the safety of others.
         SECTION 2.09.  Articles 46C.258(a) and (b), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  The head of the facility to which an acquitted person is
  committed has, during the commitment period, a continuing
  responsibility to determine:
               (1)  whether the acquitted person continues to have a
  severe mental illness or an intellectual disability [mental
  retardation] and is likely to cause serious harm to another because
  of any severe mental illness or intellectual disability [mental
  retardation]; and
               (2)  if so, whether treatment and supervision cannot be
  safely and effectively provided as outpatient or community-based
  treatment and supervision.
         (b)  The head of the facility must notify the committing
  court and seek modification of the order of commitment if the head
  of the facility determines that an acquitted person no longer has a
  severe mental illness or an intellectual disability [mental
  retardation], is no longer likely to cause serious harm to another,
  or that treatment and supervision can be safely and effectively
  provided as outpatient or community-based treatment and
  supervision.
         SECTION 2.10.  Article 46C.260(d), Code of Criminal
  Procedure, is amended to read as follows:
         (d)  The executive commissioner shall appoint a review board
  of five members, including one psychiatrist licensed to practice
  medicine in this state and two persons who work directly with
  persons with mental illnesses or persons with intellectual
  disabilities [mental retardation], to determine whether the person
  is manifestly dangerous and, as a result of the danger the person
  presents, requires continued placement in a maximum security unit.
         SECTION 2.11.  Article 46C.263(d), Code of Criminal
  Procedure, is amended to read as follows:
         (d)  The court may order that supervision of the acquitted
  person be provided by the appropriate community supervision and
  corrections department or the facility administrator of a community
  center that provides mental health or intellectual disability
  [mental retardation] services.
         SECTION 2.12.  Article 46C.268(f), Code of Criminal
  Procedure, is amended to read as follows:
         (f)  The court shall discharge the acquitted person from all
  court-ordered commitment and treatment and supervision and
  terminate the court's jurisdiction over the person if the court
  finds that the acquitted person has established by a preponderance
  of the evidence that:
               (1)  the acquitted person does not have a severe mental
  illness or an intellectual disability [mental retardation]; or
               (2)  the acquitted person is not likely to cause
  serious harm to another because of any severe mental illness or
  intellectual disability [mental retardation].
  ARTICLE 3. FAMILY CODE PROVISIONS
         SECTION 3.01.  Sections 51.20(a), (b), (c), and (d), Family
  Code, are amended to read as follows:
         (a)  At any stage of the proceedings under this title,
  including when a child is initially detained in a pre-adjudication
  secure detention facility or a post-adjudication secure
  correctional facility, the juvenile court may, at its discretion or
  at the request of the child's parent or guardian, order a child who
  is referred to the juvenile court or who is alleged by a petition or
  found to have engaged in delinquent conduct or conduct indicating a
  need for supervision to be examined by a disinterested expert,
  including a physician, psychiatrist, or psychologist, qualified by
  education and clinical training in mental health or intellectual
  and developmental disabilities [mental retardation] and
  experienced in forensic evaluation, to determine whether the child
  has a mental illness as defined by Section 571.003, Health and
  Safety Code, is a person with an intellectual disability [mental
  retardation] as defined by Section 591.003, Health and Safety Code,
  or suffers from chemical dependency as defined by Section 464.001,
  Health and Safety Code.  If the examination is to include a
  determination of the child's fitness to proceed, an expert may be
  appointed to conduct the examination only if the expert is
  qualified under Subchapter B, Chapter 46B, Code of Criminal
  Procedure, to examine a defendant in a criminal case, and the
  examination and the report resulting from an examination under this
  subsection must comply with the requirements under Subchapter B,
  Chapter 46B, Code of Criminal Procedure, for the examination and
  resulting report of a defendant in a criminal case.
         (b)  If, after conducting an examination of a child ordered
  under Subsection (a) and reviewing any other relevant information,
  there is reason to believe that the child has a mental illness or an
  intellectual disability [mental retardation] or suffers from
  chemical dependency, the probation department shall refer the child
  to the local mental health authority or local intellectual and
  developmental disability [mental retardation] authority or to
  another appropriate and legally authorized agency or provider for
  evaluation and services, unless the prosecuting attorney has filed
  a petition under Section 53.04.
         (c)  If, while a child is under deferred prosecution
  supervision or court-ordered probation, a qualified professional
  determines that the child has a mental illness or an intellectual
  disability [mental retardation] or suffers from chemical
  dependency and the child is not currently receiving treatment
  services for the mental illness, intellectual disability [mental
  retardation], or chemical dependency, the probation department
  shall refer the child to the local mental health authority or local
  intellectual and developmental disability [mental retardation]
  authority or to another appropriate and legally authorized agency
  or provider for evaluation and services.
         (d)  A probation department shall report each referral of a
  child to a local mental health authority or local intellectual and
  developmental disability [mental retardation] authority or another
  agency or provider made under Subsection (b) or (c) to the Texas
  Juvenile Justice Department in a format specified by the
  department.
         SECTION 3.02.  Section 54.0408, Family Code, is amended to
  read as follows:
         Sec. 54.0408.  REFERRAL OF CHILD EXITING PROBATION TO MENTAL
  HEALTH AUTHORITY OR INTELLECTUAL AND DEVELOPMENTAL DISABILITY
  [MENTAL RETARDATION] AUTHORITY. A juvenile probation officer shall
  refer a child who has been determined to have a mental illness or an
  intellectual disability [mental retardation] to an appropriate
  local mental health authority or local intellectual and
  developmental disability [mental retardation] authority at least
  three months before the child is to complete the child's juvenile
  probation term unless the child is currently receiving treatment
  from the local mental health authority or local intellectual and
  developmental disability [mental retardation] authority of the
  county in which the child resides.
         SECTION 3.03.  Section 58.0051(a)(2), Family Code, is
  amended to read as follows:
               (2)  "Juvenile service provider" means a governmental
  entity that provides juvenile justice or prevention, medical,
  educational, or other support services to a juvenile.  The term
  includes:
                     (A)  a state or local juvenile justice agency as
  defined by Section 58.101;
                     (B)  health and human services agencies, as
  defined by Section 531.001, Government Code, and the Health and
  Human Services Commission;
                     (C)  the Department of Family and Protective
  Services;
                     (D)  the Department of Public Safety;
                     (E)  the Texas Education Agency;
                     (F)  an independent school district;
                     (G)  a juvenile justice alternative education
  program;
                     (H)  a charter school;
                     (I)  a local mental health authority or local
  intellectual and developmental disability [mental retardation]
  authority;
                     (J)  a court with jurisdiction over juveniles;
                     (K)  a district attorney's office;
                     (L)  a county attorney's office; and
                     (M)  a children's advocacy center established
  under Section 264.402.
  ARTICLE 4. FINANCE CODE PROVISIONS
         SECTION 4.01.  Section 393.624(a), Finance Code, is amended
  to read as follows:
         (a)  A credit access business may not advertise on the
  premises of a nursing facility, assisted living facility, group
  home, intermediate care facility for persons with an intellectual
  disability [mental retardation], or other similar facility subject
  to regulation by the Health and Human Services Commission
  [Department of Aging and Disability Services].
  ARTICLE 5. GOVERNMENT CODE PROVISIONS
         SECTION 5.01.  Section 54A.209(a), Government Code, is
  amended to read as follows:
         (a)  Except as limited by an order of referral, an associate
  judge may:
               (1)  conduct a hearing;
               (2)  hear evidence;
               (3)  compel production of relevant evidence;
               (4)  rule on the admissibility of evidence;
               (5)  issue a summons for the appearance of witnesses;
               (6)  examine a witness;
               (7)  swear a witness for a hearing;
               (8)  make findings of fact on evidence;
               (9)  formulate conclusions of law;
               (10)  rule on pretrial motions;
               (11)  recommend the rulings, orders, or judgment to be
  made in a case;
               (12)  regulate all proceedings in a hearing before the
  associate judge;
               (13)  take action as necessary and proper for the
  efficient performance of the duties required by the order of
  referral;
               (14)  order the attachment of a witness or party who
  fails to obey a subpoena;
               (15)  order the detention of a witness or party found
  guilty of contempt, pending approval by the referring court as
  provided by Section 54A.214;
               (16)  without prejudice to the right to a de novo
  hearing under Section 54A.216, render and sign:
                     (A)  a final order agreed to in writing as to both
  form and substance by all parties;
                     (B)  a final default order;
                     (C)  a temporary order;
                     (D)  a final order in a case in which a party files
  an unrevoked waiver made in accordance with Rule 119, Texas Rules of
  Civil Procedure, that waives notice to the party of the final
  hearing or waives the party's appearance at the final hearing;
                     (E)  an order specifying that the court clerk
  shall issue:
                           (i)  letters testamentary or of
  administration; or
                           (ii)  letters of guardianship; or
                     (F)  an order for inpatient or outpatient mental
  health, intellectual disability [mental retardation], or chemical
  dependency services or an order authorizing psychoactive
  medications; and
               (17)  sign a final order that includes a waiver of the
  right to a de novo hearing in accordance with Section 54A.216.
         SECTION 5.02.  Section 76.003(c), Government Code, is
  amended to read as follows:
         (c)  The community justice council shall appoint a community
  justice task force to provide support staff for the development of a
  community justice plan.  The task force may consist of any number of
  members, but must [should] include:
               (1)  the county or regional director of the Health and
  Human Services Commission, or the division of the commission
  performing the functions previously performed by the Texas
  Department of Human Services, with responsibility for the area
  served by the department;
               (2)  the chief of police of the most populous
  municipality served by the department;
               (3)  the chief juvenile probation officer of the
  juvenile probation office serving the most populous area served by
  the department;
               (4)  the superintendent of the most populous school
  district served by the department;
               (5)  the supervisor of the Department of Public Safety
  region closest to the department, or the supervisor's designee;
               (6)  the county or regional director of the Health and
  Human Services Commission, or the division of the commission
  performing the functions previously performed by the Texas
  Department of Mental Health and Mental Retardation, with
  responsibility for the area served by the department;
               (7)  a substance abuse treatment professional
  appointed by the Council of Governments serving the area served by
  the department;
               (8)  the department director;
               (9)  the local or regional representative of the parole
  division of the Texas Department of Criminal Justice with
  responsibility for the area served by the department;
               (10)  the representative of the Texas Workforce
  Commission with responsibility for the area served by the
  department;
               (11)  the representative of the Health and Human
  Services Commission, or the division of the commission performing
  the functions previously performed by the Department of Assistive
  and Rehabilitative Services, with responsibility for the area
  served by the department;
               (12)  a licensed attorney who practices in the area
  served by the department and whose practice consists primarily of
  criminal law;
               (13)  a court administrator, if one serves the area
  served by the department;
               (14)  a representative of a community service
  organization that provides adult treatment, educational, or
  vocational services to the area served by the department;
               (15)  a representative of an organization in the area
  served by the department that is actively involved in issues
  relating to defendants' rights, chosen by the county commissioners
  and county judges of the counties served by the department; and
               (16)  an advocate for rights of victims of crime and
  awareness of issues affecting victims.
         SECTION 5.03.  Section 125.001(a), Government Code, is
  amended to read as follows:
         (a)  In this chapter, "mental health court program" means a
  program that has the following essential characteristics:
               (1)  the integration of mental illness treatment
  services and intellectual disability [mental retardation] services
  in the processing of cases in the judicial system;
               (2)  the use of a nonadversarial approach involving
  prosecutors and defense attorneys to promote public safety and to
  protect the due process rights of program participants;
               (3)  early identification and prompt placement of
  eligible participants in the program;
               (4)  access to mental illness treatment services and
  intellectual disability [mental retardation] services;
               (5)  ongoing judicial interaction with program
  participants;
               (6)  diversion of defendants who potentially have a
  mental illness [mentally ill] or an intellectual disability
  [mentally retarded defendants] to needed services as an alternative
  to subjecting those defendants to the criminal justice system;
               (7)  monitoring and evaluation of program goals and
  effectiveness;
               (8)  continuing interdisciplinary education to promote
  effective program planning, implementation, and operations; and
               (9)  development of partnerships with public agencies
  and community organizations, including local intellectual and
  developmental disability [mental retardation] authorities.
         SECTION 5.04.  Section 125.002, Government Code, is amended
  to read as follows:
         Sec. 125.002.  AUTHORITY TO ESTABLISH PROGRAM. The
  commissioners court of a county may establish a mental health court
  program for persons who:
               (1)  have been arrested for or charged with a
  misdemeanor or felony; and
               (2)  are suspected by a law enforcement agency or a
  court of having a mental illness or an intellectual disability
  [mental retardation].
         SECTION 5.05.  Section 403.252, Government Code, is amended
  to read as follows:
         Sec. 403.252.  EXCEPTIONS. This subchapter does not apply
  to:
               (1)  state agency funds located completely outside the
  state treasury;
               (2)  the petty cash accounts maintained by the [Texas]
  Department of State Health Services [Mental Health and Mental
  Retardation] under Section 533.037(d), Health and Safety Code
  [2.17(b)(3), Texas Mental Health and Mental Retardation Act
  (Article 5547-202, Vernon's Texas Civil Statutes)]; or
               (3)  imprest funds kept by enforcement agencies for the
  purchase of evidence or other enforcement purposes.
         SECTION 5.06.  Section 411.052(a), Government Code, is
  amended to read as follows:
         (a)  In this section, "federal prohibited person
  information" means information that identifies an individual as:
               (1)  a person ordered by a court to receive inpatient
  mental health services under Chapter 574, Health and Safety Code;
               (2)  a person acquitted in a criminal case by reason of
  insanity or lack of mental responsibility, regardless of whether
  the person is ordered by a court to receive inpatient treatment or
  residential care under Chapter 46C, Code of Criminal Procedure;
               (3)  a person determined to have an intellectual
  disability [mental retardation] and committed by a court for
  long-term placement in a residential care facility under Chapter
  593, Health and Safety Code;
               (4)  an incapacitated adult individual for whom a court
  has appointed a guardian of the individual under Title 3, Estates
  Code, based on the determination that the person lacks the mental
  capacity to manage the person's affairs; or
               (5)  a person determined to be incompetent to stand
  trial under Chapter 46B, Code of Criminal Procedure.
         SECTION 5.07.  Section 411.0521(a), Government Code, is
  amended to read as follows:
         (a)  The clerk of the court shall prepare and forward to the
  department the information described by Subsection (b) not later
  than the 30th day after the date the court:
               (1)  orders a person to receive inpatient mental health
  services under Chapter 574, Health and Safety Code;
               (2)  acquits a person in a criminal case by reason of
  insanity or lack of mental responsibility, regardless of whether
  the person is ordered to receive inpatient treatment or residential
  care under Chapter 46C, Code of Criminal Procedure;
               (3)  commits a person determined to have an
  intellectual disability [mental retardation] for long-term
  placement in a residential care facility under Chapter 593, Health
  and Safety Code;
               (4)  appoints a guardian of the incapacitated adult
  individual under Title 3, Estates Code, based on the determination
  that the person lacks the mental capacity to manage the person's
  affairs;
               (5)  determines a person is incompetent to stand trial
  under Chapter 46B, Code of Criminal Procedure; or
               (6)  finds a person is entitled to relief from
  disabilities under Section 574.088, Health and Safety Code.
         SECTION 5.08.  Sections 411.126(a)(2) and (3), Government
  Code, are amended to read as follows:
               (2)  "Volunteer" or "volunteer applicant" means a
  person who will perform one or more of the following services
  without remuneration:
                     (A)  any service performed in a residence;
                     (B)  any service that requires the access to or
  the handling of money or confidential or privileged information; or
                     (C)  any service that involves the care of or
  access to:
                           (i)  a child;
                           (ii)  an elderly person; or
                           (iii)  a person who is mentally incompetent,
  [mentally retarded,] physically disabled, ill, or incapacitated,
  or who has an intellectual disability.
               (3)  "Employee" or "employee applicant" means a person
  who will perform one or more of the following services or functions
  for remuneration:
                     (A)  any service performed in a residence;
                     (B)  any service that requires the access to or
  the handling of money or confidential or privileged information; or
                     (C)  any service that involves the care of or
  access to:
                           (i)  a child;
                           (ii)  an elderly person; or
                           (iii)  a person who is mentally incompetent,
  [mentally retarded,] physically disabled, ill, or incapacitated,
  or who has an intellectual disability;
                     (D)  coordination or referral of volunteers; or
                     (E)  executive administrative responsibilities.
         SECTION 5.09.  Section 495.023(a), Government Code, is
  amended to read as follows:
         (a)  The institutional division shall request proposals and
  may award one contract to a private vendor or community supervision
  and corrections department to screen and diagnose, either before or
  after adjudications of guilt, persons who may be transferred to the
  division. The term of the contract may not be for more than two
  years. The institutional division shall award the contract if the
  division determines that:
               (1)  the person proposing to enter into the contract
  can provide psychiatric, psychological, or social evaluations of
  persons who are to be transferred to the division;
               (2)  the services provided will reduce the chances of
  misdiagnosis of [mentally ill and mentally retarded] persons with
  mental illness or persons with intellectual disabilities who are to
  be transferred to the division, expedite the diagnostic process,
  and offer savings to the division;
               (3)  the quality of services offered equals or exceeds
  the quality of the same services provided by the division; and
               (4)  the state will assume no additional liability by
  entering into a contract for the services.
         SECTION 5.10.  Section 499.102(a), Government Code, is
  amended to read as follows:
         (a)  The staff of the institutional division, on its own
  initiative or as directed by the governor or the board, may
  recommend to the administration of the institutional division that
  the maximum capacity established under Section 499.101 for a unit
  be increased if the staff determines through written findings that
  the division can increase the maximum capacity and provide:
               (1)  proper inmate classification and housing within
  the unit that is consistent with the classification system;
               (2)  housing flexibility to allow necessary repairs and
  routine and preventive maintenance to be performed without
  compromising the classification system;
               (3)  adequate space in dayrooms;
               (4)  all meals within a reasonable time, allowing each
  inmate a reasonable time within which to eat;
               (5)  operable hygiene facilities that ensure the
  availability of a sufficient number of fixtures to serve the inmate
  population;
               (6)  adequate laundry services;
               (7)  sufficient staff to:
                     (A)  meet operational and security needs;
                     (B)  meet health care needs, including the needs
  of inmates requiring psychiatric care, [mentally retarded] inmates
  with an intellectual disability, and inmates with a physical
  disability [physically handicapped inmates];
                     (C)  provide a safe environment for inmates and
  staff; and
                     (D)  provide adequate internal affairs
  investigation and review;
               (8)  medical, dental, and psychiatric care adequate to
  ensure:
                     (A)  minimal delays in delivery of service from
  the time sick call requests are made until the service is performed;
                     (B)  access to regional medical facilities;
                     (C)  access to the institutional division
  hospital at Galveston or contract facilities performing the same
  services;
                     (D)  access to specialty clinics; and
                     (E)  a sufficient number of psychiatric inpatient
  beds and sheltered beds for [mentally retarded] inmates with an
  intellectual disability;
               (9)  a fair disciplinary system that ensures due
  process and is adequate to ensure safety and order in the unit;
               (10)  work, vocational, academic, and on-the-job
  training programs that afford all eligible inmates with an
  opportunity to learn job skills or work habits that can be applied
  on release, appropriately staffed and of sufficient quality;
               (11)  a sufficient number and quality of
  nonprogrammatic and recreational activities for all eligible
  inmates who choose to participate;
               (12)  adequate assistance from persons trained in the
  law or a law library with a collection containing necessary
  materials and space adequate for inmates to use the law library for
  study related to legal matters;
               (13)  adequate space and staffing to permit contact and
  noncontact visitation of all eligible inmates;
               (14)  adequate maintenance programs to repair and
  prevent breakdowns caused by increased use of facilities and
  fixtures; and
               (15)  space and staff sufficient to provide all the
  services and facilities required by this section.
         SECTION 5.11.  Section 501.006(a), Government Code, is
  amended to read as follows:
         (a)  The institutional division may grant an emergency
  absence under escort to an inmate so that the inmate may:
               (1)  obtain a medical diagnosis or medical treatment;
               (2)  obtain treatment and supervision at a [Texas
  Department of Mental Health and Mental Retardation] facility
  operated by the Health and Human Services Commission; or
               (3)  attend a funeral or visit a critically ill
  relative.
         SECTION 5.12.  Section 501.056, Government Code, is amended
  to read as follows:
         Sec. 501.056.  CONTRACT FOR CARE OF [MENTALLY ILL AND
  MENTALLY RETARDED] INMATES WITH MENTAL ILLNESS OR INTELLECTUAL
  DISABILITY. The department shall contract with the Health and
  Human Services Commission [Texas Department of Mental Health and
  Mental Retardation] for provision of commission [Texas Department
  of Mental Health and Mental Retardation] facilities, treatment, and
  habilitation for [mentally ill and mentally retarded] inmates with
  mental illness or an intellectual disability in the custody of the
  department.  The contract must provide:
               (1)  detailed characteristics of the [mentally ill]
  inmate population with mental illness and the [mentally retarded]
  inmate population with intellectual disabilities to be affected
  under the contract;
               (2)  for the respective responsibilities of the
  commission [Texas Department of Mental Health and Mental
  Retardation] and the department with regard to the care and
  supervision of the affected inmates; and
               (3)  that the department remains responsible for
  security.
         SECTION 5.13.  Section 501.058, Government Code, is amended
  to read as follows:
         Sec. 501.058.  COMPENSATION OF PSYCHIATRISTS. The amount of
  compensation paid by the institutional division to psychiatrists
  employed by the division should be similar to the amount of
  compensation authorized for the Health and Human Services
  Commission [Texas Department of Mental Health and Mental
  Retardation] to pay to psychiatrists [employed by the Texas
  Department of Mental Health and Mental Retardation].
         SECTION 5.14.  Sections 501.093(a) and (c), Government Code,
  are amended to read as follows:
         (a)  The department and[,] the Health and Human Services
  Commission [Texas Department of Mental Health and Mental
  Retardation, and the Texas Commission on Alcohol and Drug Abuse]
  shall by rule adopt a memorandum of understanding that establishes
  their respective responsibilities to establish a continuity of care
  program for inmates with a history of drug or alcohol abuse.
         (c)  The memorandum of understanding must establish methods
  for:
               (1)  identifying inmates with a history of drug or
  alcohol abuse;
               (2)  notifying the pardons and paroles division and the
  Health and Human Services Commission[, the Texas Department of
  Mental Health and Mental Retardation, and the commission] as to
  when an inmate with a history of drug or alcohol abuse is to be
  released and as to the inmate's release destination;
               (3)  identifying the services needed by inmates with a
  history of drug or alcohol abuse to reenter the community
  successfully; and
               (4)  determining the manner in which each agency that
  participates in the establishment of the memorandum can share
  information about inmates and use that information to provide
  continuity of care.
         SECTION 5.15.  Section 501.113(b), Government Code, is
  amended to read as follows:
         (b)  The institutional division shall house the following
  classes of inmates in single occupancy cells:
               (1)  inmates confined in death row segregation;
               (2)  inmates confined in administrative segregation;
               (3)  inmates assessed as having intellectual
  disabilities [mentally retarded] and whose habilitation plans
  recommend housing in a single occupancy cell;
               (4)  inmates with a diagnosed psychiatric illness being
  treated on an inpatient or outpatient basis whose individual
  treatment plans recommend housing in single occupancy cells; and
               (5)  inmates whose medical treatment plans recommend
  housing in a single occupancy cell.
         SECTION 5.16.  Section 507.031(a), Government Code, is
  amended to read as follows:
         (a)  The director of a state jail felony facility may grant a
  furlough to a defendant so that the defendant may:
               (1)  obtain a medical diagnosis or medical treatment;
               (2)  obtain treatment and supervision at a [Texas
  Department of Mental Health and Mental Retardation] facility
  operated by the Health and Human Services Commission;
               (3)  attend a funeral or visit a critically ill
  relative; or
               (4)  participate in a programmatic activity sanctioned
  by the state jail division.
         SECTION 5.17.  Section 508.223, Government Code, is amended
  to read as follows:
         Sec. 508.223.  PSYCHOLOGICAL COUNSELING. A parole panel may
  require as a condition of parole or mandatory supervision that a
  releasee serving a sentence for an offense under Section 42.072,
  Penal Code, attend psychological counseling sessions of a type and
  for a duration as specified by the parole panel, if the parole panel
  determines in consultation with a local mental health services
  provider that appropriate mental health services are available
  through the [Texas] Department of State Health Services [Mental
  Health and Mental Retardation] in accordance with Section 534.053,
  Health and Safety Code, or through another mental health services
  provider.
         SECTION 5.18.  Section 508.316(a), Government Code, is
  amended to read as follows:
         (a)  The department may contract for services for releasees
  if funds are appropriated to the department for the services,
  including services for releasees who have a history of:
               (1)  mental impairment or intellectual disability
  [mental retardation];
               (2)  substance abuse; or
               (3)  sexual offenses.
         SECTION 5.19.  Section 659.015(j), Government Code, is
  amended to read as follows:
         (j)  With authorization from the administrative head of the
  agency for which an employee works, or that person's designee, an
  employee employed by a state mental health facility or an
  intellectual disability [mental retardation] facility may be paid
  for any unused compensatory time if the employing agency determines
  that taking the compensatory time off would disrupt the normal
  business functions of the agency.
         SECTION 5.20.  Section 659.016(j), Government Code, is
  amended to read as follows:
         (j)  With authorization from the administrative head of the
  agency for which an employee works, or that person's designee, an
  employee employed by a state mental health facility or an
  intellectual disability [mental retardation] facility may be paid
  for any unused compensatory time if the employing agency determines
  that taking the compensatory time off would disrupt the normal
  business functions of the agency.
         SECTION 5.21.  The heading to Chapter 1401, Government Code,
  is amended to read as follows:
  CHAPTER 1401. BONDS FOR CERTAIN CRIMINAL JUSTICE, [OR] MENTAL
  HEALTH, OR INTELLECTUAL DISABILITY [AND MENTAL RETARDATION]
  FACILITIES
         SECTION 5.22.  Sections 1401.041(b) and (c), Government
  Code, are amended to read as follows:
         (b)  As provided by Section 49-h(c), Article III, Texas
  Constitution, as that section existed September 1, 1999, the
  authority may:
               (1)  issue general obligation bonds in an amount not to
  exceed $400 million; and
               (2)  distribute the bond proceeds to any appropriate
  agency to:
                     (A)  acquire, construct, or equip a new facility;
  or
                     (B)  make a major repair of or renovate a
  facility, corrections institution, youth corrections institution,
  [or] mental health institution, or intellectual disability [and
  mental retardation] institution.
         (c)  As provided by Section 49-h(d), Article III, Texas
  Constitution, as that section existed September 1, 1999, the
  authority may:
               (1)  issue general obligation bonds in an amount not to
  exceed $1.055 billion and distribute the bond proceeds to any
  appropriate agency to:
                     (A)  acquire, construct, or equip a:
                           (i)  new prison or substance abuse felony
  punishment facility to confine criminals; or
                           (ii)  youth corrections institution;
                     (B)  make a major repair of or renovate a prison
  facility or youth corrections institution; or
                     (C)  acquire, make a major repair of, or renovate
  a facility for use as a state prison, a substance abuse felony
  punishment facility, or a facility in which a pilot program
  established as provided by Section 614.011, Health and Safety Code,
  is conducted;
               (2)  issue general obligation bonds in an amount not to
  exceed $45 million and distribute the bond proceeds to any
  appropriate agency to:
                     (A)  acquire, construct, or equip a new mental
  health facility or intellectual disability [mental retardation]
  facility, including a community-based mental health facility or
  community-based intellectual disability [mental retardation]
  facility; or
                     (B)  make a major repair of or renovate a mental
  health facility or intellectual disability [mental retardation]
  facility; and
               (3)  issue general obligation bonds in an amount not to
  exceed $50 million and distribute the bond proceeds to any
  appropriate agency to:
                     (A)  acquire, construct, or equip a new youth
  corrections facility; or
                     (B)  make a major repair of or renovate a youth
  corrections facility.
         SECTION 5.23.  Section 1401.061(a), Government Code, is
  amended to read as follows:
         (a)  The authority may:
               (1)  issue revenue bonds; and
               (2)  distribute the bond proceeds to any appropriate
  agency to:
                     (A)  acquire, construct, or equip a new facility;
  or
                     (B)  make a major repair of or renovate a:
                           (i)  facility;
                           (ii)  corrections institution, including a
  facility authorized by Section 495.001(a) or 495.021(a);
                           (iii)  criminal justice facility for the
  Texas Department of Criminal Justice;
                           (iv)  youth corrections institution; or
                           (v)  mental health institution or
  intellectual disability [and mental retardation] institution.
         SECTION 5.24.  Section 2052.003(b), Government Code, is
  amended to read as follows:
         (b)  In this section, "individual with a disability" means an
  individual who has:
               (1)  a mental disability or impairment, including an
  intellectual disability [mental retardation]; or
               (2)  a physical disability or impairment, including:
                     (A)  an impairment of hearing, speech, or vision;
                     (B)  blindness;
                     (C)  deafness; or
                     (D)  a crippling condition that requires special
  ambulatory devices or services.
         SECTION 5.25.  Section 2155.202, Government Code, is amended
  to read as follows:
         Sec. 2155.202.  [MENTAL HEALTH AND MENTAL RETARDATION]
  COMMUNITY CENTERS; ASSISTANCE ORGANIZATIONS; CHILD-CARE PROVIDERS.  
  The following entities may purchase goods and services through the
  comptroller:
               (1)  a community center for mental health services or
  intellectual disability [and mental retardation] services that
  receives state grants-in-aid under Subchapter B, Chapter 534,
  Health and Safety Code;
               (2)  an assistance organization as defined by Section
  2175.001 that receives state funds; and
               (3)  a child-care provider that meets Texas Rising Star
  Program certification criteria.
         SECTION 5.26.  The heading to Section 2155.441, Government
  Code, is amended to read as follows:
         Sec. 2155.441.  PREFERENCE FOR PRODUCTS OF PERSONS WITH
  INTELLECTUAL [MENTAL RETARDATION] OR PHYSICAL DISABILITIES.
         SECTION 5.27.  Section 2155.441(a), Government Code, is
  amended to read as follows:
         (a)  The products of workshops, organizations, or
  corporations whose primary purpose is training and employing
  individuals having an intellectual disability [mental retardation]
  or a physical disability shall be given preference if they meet
  state specifications regarding quantity, quality, delivery, life
  cycle costs, and price.
         SECTION 5.28.  Section 2167.001(b), Government Code, is
  amended to read as follows:
         (b)  This chapter does not apply to:
               (1)  radio antenna space;
               (2)  residential space for a [Texas] Department of
  State Health Services or Health and Human Services Commission
  [Mental Health and Mental Retardation] program;
               (3)  residential space for a Texas Juvenile Justice
  Department program;
               (4)  space to be used for less than one month for
  meetings, conferences, conventions, seminars, displays,
  examinations, auctions, or similar purposes;
               (5)  district office space for members of the
  legislature;
               (6)  space used by the Texas Workforce Commission;
               (7)  residential property acquired by the Texas
  Department of Housing and Community Affairs or the Texas State
  Affordable Housing Corporation that is offered for sale or rental
  to individuals and families of low or very low income or families of
  moderate income;
               (8)  except as provided by Section 2167.007, space for
  a university system or institution of higher education;
               (9)  space leased by the Texas Veterans Commission to
  administer the veterans employment services program; or
               (10)  space for the Texas Department of Motor Vehicles.
         SECTION 5.29.  Section 2171.055(k), Government Code, is
  amended to read as follows:
         (k)  An officer or employee of a qualified cooperative entity
  who is engaged in official business of the qualified cooperative
  entity may participate in the comptroller's contracts for travel
  services.  The comptroller shall adopt rules and make or amend
  contracts as necessary to administer this subsection.  For purposes
  of this subsection, a "qualified cooperative entity" includes:
               (1)  a local government, as defined by Section 271.081,
  Local Government Code;
               (2)  a community center for mental health services or
  intellectual disability [and mental retardation] services
  described by Section 2155.202(1);
               (3)  an assistance organization, as defined by Section
  2175.001, that receives any state funds; and
               (4)  a political subdivision, as defined by Section
  791.003.
         SECTION 5.30.  Section 2171.104(b), Government Code, is
  amended to read as follows:
         (b)  The Texas Department of Transportation, Department of
  Public Safety of the State of Texas, [Texas Department of Mental
  Health and Mental Retardation,] Parks and Wildlife Department, and
  Texas Department of Criminal Justice shall assist the office of
  vehicle fleet management in preparing the management plan for the
  state's vehicle fleet.
  ARTICLE 6. HEALTH AND SAFETY CODE PROVISIONS
         SECTION 6.01.  Sections 33.001(1-b), (2), and (4), Health
  and Safety Code, are amended to read as follows:
               (1-b)  "Heritable disease" means an inherited disease
  that may result in a [mental or] physical or intellectual
  disability [retardation] or death.
               (2)  "Hypothyroidism" means a condition that may cause
  a severe intellectual disability [mental retardation] if not
  treated.
               (4)  "Phenylketonuria" means an inherited condition
  that may cause a severe intellectual disability [mental
  retardation] if not treated.
         SECTION 6.02.  Section 33.002(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The department shall carry out a program to combat
  morbidity, including intellectual disability [mental retardation],
  and mortality in persons who have phenylketonuria, other heritable
  diseases, or hypothyroidism.
         SECTION 6.03.  Section 281.094(a), Health and Safety Code,
  is amended to read as follows:
         (a)  With the approval of the Nueces County Commissioners
  Court, the board of the Nueces County Hospital District may use
  funds made available to the district from sources other than a tax
  levy to fund health care services, including public health
  services, mental health services, intellectual disability [and
  mental retardation] services, emergency medical services, health
  services provided to persons confined in jail facilities, and for
  other health related purposes.
         SECTION 6.04.  Section 431.4031(b), Health and Safety Code,
  is amended to read as follows:
         (b)  A state agency or a political subdivision of this state
  that distributes prescription drugs using federal or state funding
  to nonprofit health care facilities, [or] local mental health
  authorities, or local intellectual and developmental disability 
  [mental retardation] authorities for distribution to a pharmacy,
  practitioner, or patient is exempt from Sections 431.405(b),
  431.407, 431.412, and 431.413.
         SECTION 6.05.  The heading to Section 531.0021, Health and
  Safety Code, is amended to read as follows:
         Sec. 531.0021.  REFERENCE TO STATE SCHOOL OR [,]
  SUPERINTENDENT [, OR LOCAL MENTAL RETARDATION AUTHORITY].
         SECTION 6.06.  The heading to Subtitle E, Title 7, Health and
  Safety Code, is amended to read as follows:
  SUBTITLE E. SPECIAL PROVISIONS RELATING TO MENTAL ILLNESS AND
  INTELLECTUAL DISABILITY [MENTAL RETARDATION]
         SECTION 6.07.  The heading to Chapter 613, Health and Safety
  Code, is amended to read as follows:
  CHAPTER 613.  KIDNEY DONATION BY WARD WITH INTELLECTUAL DISABILITY
  [MENTAL RETARDATION]
         SECTION 6.08.  Section 613.001, Health and Safety Code, is
  amended to read as follows:
         Sec. 613.001.  DEFINITION. In this chapter, "ward with an
  intellectual disability [mental retardation]" means a ward who is a
  person with an intellectual disability [mental retardation], as
  defined by Subtitle D.
         SECTION 6.09.  Section 613.002, Health and Safety Code, is
  amended to read as follows:
         Sec. 613.002.  COURT ORDER AUTHORIZING KIDNEY DONATION. A
  district court may authorize the donation of a kidney of a ward with
  an intellectual disability [mental retardation] to a father,
  mother, son, daughter, brother, or sister of the ward if:
               (1)  the guardian of the ward with an intellectual
  disability [mental retardation] consents to the donation;
               (2)  the ward is 12 years of age or older;
               (3)  the ward assents to the kidney transplant;
               (4)  the ward has two kidneys;
               (5)  without the transplant the donee will soon die or
  suffer severe and progressive deterioration, and with the
  transplant the donee will probably benefit substantially;
               (6)  there are no medically preferable alternatives to
  a kidney transplant for the donee;
               (7)  the risks of the operation and the long-term risks
  to the ward are minimal;
               (8)  the ward will not likely suffer psychological
  harm; and
               (9)  the transplant will promote the ward's best
  interests.
         SECTION 6.10.  Section 613.003, Health and Safety Code, is
  amended to read as follows:
         Sec. 613.003.  PETITION FOR COURT ORDER. The guardian of the
  person of a ward with an intellectual disability [mental
  retardation] may petition a district court having jurisdiction of
  the guardian for an order authorizing the ward to donate a kidney
  under Section 613.002.
         SECTION 6.11.  Section 613.004(c), Health and Safety Code,
  is amended to read as follows:
         (c)  The court shall appoint an attorney ad litem and a
  guardian ad litem to represent the interest of the ward with an
  intellectual disability [mental retardation]. Neither person
  appointed may be related to the ward within the second degree by
  consanguinity.
         SECTION 6.12.  Section 613.005, Health and Safety Code, is
  amended to read as follows:
         Sec. 613.005.  INTERVIEW AND EVALUATION ORDER BY COURT. (a)
  Before the eighth day after the date of the hearing, the court shall
  interview the ward with an intellectual disability [mental
  retardation] to determine if the ward assents to the donation. The
  interview shall be conducted in chambers and out of the presence of
  the guardian.
         (b)  If the court considers it necessary, the court may order
  the performance of a determination of intellectual disability
  [mental retardation], as provided by Section 593.005, to help the
  court evaluate the ward's capacity to agree to the donation.
  ARTICLE 7. HUMAN RESOURCES CODE PROVISIONS
         SECTION 7.01.  Section 221.056(a), Human Resources Code, is
  amended to read as follows:
         (a)  The department may contract with a local mental health
  authority and local intellectual and developmental disability [and
  mental retardation] authority for the establishment of a
  residential treatment facility for juveniles with mental illness or
  emotional injury who, as a condition of juvenile probation, are
  ordered by a court to reside at the facility and receive education
  services at the facility.  The department may work in cooperation
  with the local mental health authority and local intellectual and
  developmental disability [and mental retardation] authority to
  provide mental health residential treatment services for juveniles
  residing at a facility established under this section.
         SECTION 7.02.  The heading to Section 244.011, Human
  Resources Code, is amended to read as follows:
         Sec. 244.011.  CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL
  DISABILITY [MENTAL RETARDATION].
         SECTION 7.03.  Sections 244.011(a), (b), (e), (f), and (g),
  Human Resources Code, are amended to read as follows:
         (a)  The department shall accept a child committed to the
  department who is a person with a mental illness or a person with an
  intellectual disability [mentally ill or mentally retarded].
         (b)  Unless a child is committed to the department under a
  determinate sentence under Section 54.04(d)(3), 54.04(m), or
  54.05(f), Family Code, the department shall discharge a child who
  is a person with a mental illness or a person with an intellectual
  disability [mentally ill or mentally retarded] from its custody if:
               (1)  the child has completed the minimum length of stay
  for the child's committing offense; and
               (2)  the department determines that the child is unable
  to progress in the department's rehabilitation programs because of
  the child's mental illness or intellectual disability [mental
  retardation].
         (e)  If a child who is discharged from the department under
  Subsection (b) as a result of an intellectual disability [mental
  retardation] is not receiving intellectual disability [mental
  retardation] services, the child's discharge is effective on the
  earlier of:
               (1)  the date the court enters an order regarding an
  application for intellectual disability [mental retardation]
  services filed under Section 244.012(b); or
               (2)  the 30th day after the date that the application is
  filed.
         (f)  If a child who is discharged from the department under
  Subsection (b) as a result of an intellectual disability [mental
  retardation] is receiving intellectual disability [mental
  retardation] services, the child's discharge from the department is
  effective immediately.
         (g)  If a child who is a person with a mental illness or a
  person with an intellectual disability [mentally ill or mentally
  retarded] is discharged from the department under Subsection (b),
  the child is eligible to receive continuity of care services from
  the Texas Correctional Office on Offenders with Medical or Mental
  Impairments under Chapter 614, Health and Safety Code.
         SECTION 7.04.  Sections 244.012(a) and (c), Human Resources
  Code, are amended to read as follows:
         (a)  The department shall establish a system that identifies
  children in the department's custody who have a mental illness or an
  intellectual disability [are mentally ill or mentally retarded].
         (c)  Before a child who is identified as a person with an
  intellectual disability [mentally retarded] under Chapter 593,
  Health and Safety Code, is discharged from the department's custody
  under Section 244.011(b), the department shall refer the child for
  intellectual disability [mental retardation] services if the child
  is not receiving those [mental retardation] services.
  ARTICLE 8. INSURANCE CODE PROVISIONS
         SECTION 8.01.  Sections 843.002(18) and (21), Insurance
  Code, are amended to read as follows:
               (18)  "Limited health care services" means:
                     (A)  services for mental health, chemical
  dependency, or intellectual disability [mental retardation], or
  any combination of those services; or
                     (B)  an organized long-term care service delivery
  system that provides for diagnostic, preventive, therapeutic,
  rehabilitative, and personal care services required by an
  individual with a loss in functional capacity on a long-term basis.
               (21)  "Person" means any natural or artificial person,
  including an individual, partnership, association, corporation,
  organization, trust, hospital district, community mental health
  center, intellectual disability [mental retardation] center,
  mental health [and mental retardation] center, limited liability
  company, or limited liability partnership or the statewide rural
  health care system under Chapter 845.
         SECTION 8.02.  Section 1201.059(a), Insurance Code, is
  amended to read as follows:
         (a)  An accident and health insurance policy, including an
  individual, blanket, or group policy, and including a policy issued
  by a corporation operating under Chapter 842, that provides that
  coverage of a child terminates when the child attains a limiting age
  specified in the policy must provide in substance that the child's
  attainment of that age does not terminate coverage while the child
  is:
               (1)  incapable of self-sustaining employment because
  of an intellectual [mental retardation] or physical disability; and
               (2)  chiefly dependent on the insured or group member
  for support and maintenance.
         SECTION 8.03.  Section 1305.004(a)(18), Insurance Code, is
  amended to read as follows:
               (18)  "Person" means any natural or artificial person,
  including an individual, partnership, association, corporation,
  organization, trust, hospital district, community mental health
  center, intellectual disability [mental retardation] center,
  mental health [and mental retardation] center, limited liability
  company, or limited liability partnership.
         SECTION 8.04.  Section 1355.056(c), Insurance Code, is
  amended to read as follows:
         (c)  Treatment provided to an individual by a crisis
  stabilization unit licensed or certified by the Health and Human
  Services Commission [Texas Department of Mental Health and Mental
  Retardation] shall be reimbursed.
         SECTION 8.05.  Section 1355.058, Insurance Code, is amended
  to read as follows:
         Sec. 1355.058.  HEALTH AND HUMAN SERVICES COMMISSION
  ASSISTANCE [OF THE TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL
  RETARDATION]. (a)  The Health and Human Services Commission [Texas
  Department of Mental Health and Mental Retardation] shall assist
  the department in carrying out the department's responsibilities
  under this subchapter.
         (b)  The department and the Health and Human Services
  Commission [Texas Department of Mental Health and Mental
  Retardation] by rule may adopt a memorandum of understanding to
  carry out this subchapter.
         SECTION 8.06.  Section 1355.202, Insurance Code, is amended
  to read as follows:
         Sec. 1355.202.  PROHIBITION OF EXCLUSION OF MENTAL HEALTH OR
  INTELLECTUAL DISABILITY [MENTAL RETARDATION] BENEFITS FOR
  TREATMENT BY TAX-SUPPORTED INSTITUTION. (a)  An individual or
  group accident and health insurance policy delivered or issued for
  delivery to a person in this state that provides coverage for mental
  illness or intellectual disability [mental retardation] may not
  exclude benefits under that coverage for support, maintenance, and
  treatment provided by a tax-supported institution of this state, or
  by a community center for mental health services or intellectual
  disability [mental retardation] services, that regularly and
  customarily charges patients who are not indigent for those
  services.
         (b)  In determining whether a patient is not indigent, as
  provided by Subchapter B, Chapter 552, Health and Safety Code, a
  tax-supported institution of this state or a community center for
  mental health services or intellectual disability [mental
  retardation] services shall consider any insurance policy or
  policies that provide coverage to the patient for mental illness or
  intellectual disability [mental retardation].
         SECTION 8.07.  Section 1359.001, Insurance Code, is amended
  to read as follows:
         Sec. 1359.001.  DEFINITIONS. In this chapter:
               (1)  "Heritable disease" means an inherited disease
  that may result in a [mental or] physical or intellectual
  disability [retardation] or death.
               (2)  "Phenylketonuria" means an inherited condition
  that, if not treated, may cause a severe intellectual disability
  [mental retardation].
         SECTION 8.08.  Section 1601.004(a), Insurance Code, is
  amended to read as follows:
         (a)  In this chapter, "dependent," with respect to an
  individual eligible to participate in the uniform program under
  Section 1601.101 or 1601.102, means the individual's:
               (1)  spouse;
               (2)  unmarried child younger than 25 years of age; and
               (3)  child of any age who lives with or has the child's
  care provided by the individual on a regular basis if the child is a
  person with an intellectual disability [is mentally retarded] or is
  physically incapacitated to the extent that the child is dependent
  on the individual for care or support, as determined by the system.
  ARTICLE 9. LABOR CODE PROVISIONS
         SECTION 9.01.  The heading to Section 62.057, Labor Code, is
  amended to read as follows:
         Sec. 62.057.  PATIENTS AND CLIENTS OF [TEXAS] DEPARTMENT OF
  STATE [MENTAL] HEALTH SERVICES [AND MENTAL RETARDATION].
         SECTION 9.02.  Section 62.057(a), Labor Code, is amended to
  read as follows:
         (a)  A person may be compensated for services rendered to the
  [Texas] Department of State [Mental] Health Services [and Mental
  Retardation] or a department facility at a percentage of the base
  wage adopted under this section if:
               (1)  the person is a patient or client of a department
  facility;
               (2)  the person's productive capacity is impaired;
               (3)  the person:
                     (A)  assists in the operation of the facility as
  part of the person's therapy; or
                     (B)  receives occupational training in a
  sheltered workshop or other program operated by the department; and
               (4)  the facility or department derives an economic
  benefit from the person's services.
         SECTION 9.03.  Section 406.098(b)(4), Labor Code, is amended
  to read as follows:
               (4)  "Political subdivision" means a county,
  municipality, special district, school district, junior college
  district, housing authority, community center [for mental health
  and mental retardation services] established under Subchapter A,
  Chapter 534, Health and Safety Code, or any other legally
  constituted political subdivision of the state.
         SECTION 9.04.  Section 504.001(3), Labor Code, is amended to
  read as follows:
               (3)  "Political subdivision" means a county,
  municipality, special district, school district, junior college
  district, housing authority, community center [for mental health
  and mental retardation services] established under Subchapter A,
  Chapter 534, Health and Safety Code, or any other legally
  constituted political subdivision of the state.
  ARTICLE 10. LOCAL GOVERNMENT CODE PROVISIONS
         SECTION 10.01.  Section 244.006, Local Government Code, is
  amended to read as follows:
         Sec. 244.006.  EXEMPTIONS.  This subchapter does not apply
  to the operation of a correctional or rehabilitation facility at a
  location subject to this subchapter if:
               (1)  on September 1, 1997, the correctional or
  rehabilitation facility was in operation, under construction,
  under contract for operation or construction, or planned for
  construction at the location on land owned or leased by an agency or
  political subdivision of the state and designated for use as a
  correctional or rehabilitation facility;
               (2)  the correctional or rehabilitation facility was in
  operation or under construction before the establishment of a
  residential area the location of which makes the facility subject
  to this subchapter;
               (3)  the correctional or rehabilitation facility is a
  temporary correctional or rehabilitation facility that will be
  operated at the location for less than one year;
               (4)  the correctional or rehabilitation facility is
  required to obtain a special use permit or a conditional use permit
  from the municipality in which the facility is located before
  beginning operation;
               (5)  the correctional or rehabilitation facility is an
  expansion of a facility operated by the correctional institutions
  division of the Texas Department of Criminal Justice for the
  imprisonment of individuals convicted of felonies other than state
  jail felonies or by the Texas Juvenile Justice Department;
               (6)  the correctional or rehabilitation facility is a
  county jail or a pre-adjudication or post-adjudication juvenile
  detention facility operated by a county or county juvenile board;
               (7)  the facility is:
                     (A)  a juvenile probation office located at, and
  operated in conjunction with, a juvenile justice alternative
  education center; and
                     (B)  used exclusively by students attending the
  juvenile justice alternative education center;
               (8)  the facility is a public or private institution of
  higher education or vocational training to which admission is open
  to the general public;
               (9)  the facility is operated primarily as a treatment
  facility for juveniles under contract with the Health and Human 
  [Department of Aging and Disability] Services Commission, [or] the
  Department of State Health Services, [or] a local mental health
  authority, or a local intellectual and developmental disability
  [mental retardation] authority;
               (10)  the facility is operated as a juvenile justice
  alternative education program;
               (11)  the facility:
                     (A)  is not operated primarily as a correctional
  or rehabilitation facility; and
                     (B)  only houses persons or children described by
  Section 244.001(1)(B) for a purpose related to treatment or
  education; or
               (12)  the facility is a probation or parole office
  located in a commercial use area.
  ARTICLE 11. OCCUPATIONS CODE PROVISIONS
         SECTION 11.01.  Section 1701.404(b), Occupations Code, is
  amended to read as follows:
         (b)  The commission may certify a sheriff, sheriff's deputy,
  constable, other peace officer, county jailer, or justice of the
  peace as a special officer for offenders with mental impairments if
  the person:
               (1)  completes a training course in emergency first aid
  and lifesaving techniques approved by the commission;
               (2)  completes a training course administered by the
  commission on mental health issues and offenders with mental
  impairments; and
               (3)  passes an examination administered by the
  commission that is designed to test the person's:
                     (A)  knowledge and recognition of the
  characteristics and symptoms of mental illness [, mental
  retardation,] and intellectual disability [mental disabilities];
  and
                     (B)  knowledge of mental health crisis
  intervention strategies for people with mental impairments.
  ARTICLE 12. TRANSPORTATION CODE PROVISIONS
         SECTION 12.01.  Section 201.603, Transportation Code, is
  amended to read as follows:
         Sec. 201.603.  AGREEMENT WITH OTHER AGENCIES FOR ROADS. (a)  
  On request of the Health and Human Services Commission [Texas
  Department of Mental Health and Mental Retardation] or the Texas
  Juvenile Justice Department, the department may enter into
  agreements with either agency  [department] for the construction,
  maintenance, or repair of roads in an institution, hospital, or
  school under the control, management, or supervision of that agency
  [department].
         (b)  The Health and Human Services Commission [Texas
  Department of Mental Health and Mental Retardation] or the Texas
  Juvenile Justice Department may reimburse the appropriate fund of
  the department for the cost of construction or maintenance
  performed under Subsection (a). Before a transfer of an amount
  under this subsection, the reimbursing agency shall notify in
  writing the comptroller of the amount to be transferred and the fund
  from which the amount is to be taken.
  ARTICLE 13. TAX CODE PROVISIONS
         SECTION 13.01.  Section 171.1011(p)(2), Tax Code, is amended
  to read as follows:
               (2)  "Health care institution" means:
                     (A)  an ambulatory surgical center;
                     (B)  an assisted living facility licensed under
  Chapter 247, Health and Safety Code;
                     (C)  an emergency medical services provider;
                     (D)  a home and community support services agency;
                     (E)  a hospice;
                     (F)  a hospital;
                     (G)  a hospital system;
                     (H)  an intermediate care facility for
  individuals with an intellectual disability [the mentally
  retarded] or a home and community-based services waiver program for
  individuals [persons] with an intellectual disability [mental
  retardation] adopted in accordance with Section 1915(c) of the
  federal Social Security Act (42 U.S.C. Section 1396n);
                     (I)  a birthing center;
                     (J)  a nursing home;
                     (K)  an end stage renal disease facility licensed
  under Section 251.011, Health and Safety Code; or
                     (L)  a pharmacy.
  ARTICLE 14. REPEALERS
         SECTION 14.01.  The following provisions of the Health and
  Safety Code are repealed:
               (1)  Section 531.0021(c); and
               (2)  Sections 591.003(13) and (16).
  ARTICLE 15. EFFECTIVE DATE
         SECTION 15.01.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 446 was passed by the House on March
  29, 2023, by the following vote:  Yeas 146, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 446 was passed by the Senate on May 3,
  2023, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor