State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-531-provisions-generally-applicable-to-the-texas-department-of-mental-health-and-mental-reta

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL

RETARDATION

CHAPTER 531. PROVISIONS GENERALLY APPLICABLE TO THE TEXAS

DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION

Sec. 531.001. PURPOSE; POLICY. (a) It is the purpose of this

subtitle to provide for the effective administration and

coordination of mental health and mental retardation services at

the state and local levels.

(b) Recognizing that a variety of alternatives for serving the

mentally disabled exists, it is the purpose of this subtitle to

ensure that a continuum of services is provided. The continuum of

services includes facilities operated by the Texas Department of

Mental Health and Mental Retardation and community services

provided by the department and other entities through contracts

with the department.

(c) It is the goal of this state to provide a comprehensive

range of services for persons with mental illness or mental

retardation who need publicly supported care, treatment, or

habilitation. In providing those services, efforts will be made

to coordinate services and programs with services and programs

provided by other governmental entities to minimize duplication

and to share with other governmental entities in financing those

services and programs.

(d) It is the policy of this state that, when appropriate and

feasible, persons with mental illness or mental retardation shall

be afforded treatment in their own communities.

(e) It is the public policy of this state that mental health and

mental retardation services be the responsibility of local

agencies and organizations to the greatest extent possible. The

department shall assist the local agencies and organizations by

coordinating the implementation of a statewide system of

services. The department shall ensure that mental health and

mental retardation services are provided. The department shall

provide technical assistance for and regulation of the programs

that receive funding through contracts with the department.

(f) It is the public policy of this state to offer services

first to those persons who are most in need. Therefore, funds

appropriated by the legislature for mental health and mental

retardation services may be spent only to provide services to the

priority populations identified in the department's long-range

plan.

(g) It is the goal of this state to establish at least one

special officer for mental health assignment in each county. To

achieve this goal, the department shall assist a local law

enforcement agency that desires to have an officer certified

under Section 1701.404, Occupations Code.

(h) It is the policy of this state that the board serves as the

state's mental health and mental retardation authority and is

responsible for the planning, policy development, and resource

development and allocation for and oversight of mental health and

mental retardation services in this state. It is the policy of

this state that, when appropriate and feasible, the board may

delegate the board's authority to a single entity in each region

of the state that may function as the local mental health or

mental retardation authority for one or more service areas in the

region.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 19, eff.

Sept. 1, 1993; Acts 1995, 74th Leg., ch. 821, Sec. 1, eff. Sept.

1, 1995; Acts 2001, 77th Leg., ch. 1420, Sec. 14.800, eff. Sept.

1, 2001.

Sec. 531.002. DEFINITIONS. In this subtitle:

(1) "Board" means the Texas Board of Mental Health and Mental

Retardation.

(2) "Business entity" means a sole proprietorship, partnership,

firm, corporation, holding company, joint-stock company,

receivership, trust, or any other entity recognized by law.

(3) "Chemical dependency" has the meaning assigned by Section

461.002.

(4) "Commissioner" means the commissioner of mental health and

mental retardation.

(5) "Community center" means a center established under

Subchapter A, Chapter 534.

(6) "Department" means the Texas Department of Mental Health and

Mental Retardation.

(7) "Effective administration" includes continuous planning and

evaluation within the system that result in more efficient

fulfillment of the purposes and policies of this subtitle.

(8) "ICF-MR" means the medical assistance program serving

persons with mental retardation who receive care in intermediate

care facilities.

(9) "Local agency" means:

(A) a municipality, county, hospital district, rehabilitation

district, school district, state-supported institution of higher

education, or state-supported medical school; or

(B) any organizational combination of two or more of those

entities.

(10) "Local mental health authority" means an entity to which

the board delegates its authority and responsibility within a

specified region for planning, policy development, coordination,

including coordination with criminal justice entities, and

resource development and allocation and for supervising and

ensuring the provision of mental health services to persons with

mental illness in the most appropriate and available setting to

meet individual needs in one or more local service areas.

(11) "Local mental retardation authority" means an entity to

which the board delegates its authority and responsibility within

a specified region for planning, policy development,

coordination, including coordination with criminal justice

entities, and resource development and allocation and for

supervising and ensuring the provision of mental retardation

services to persons with mental retardation in the most

appropriate and available setting to meet individual needs in one

or more local service areas.

(12) "Mental health services" includes all services concerned

with research, prevention, and detection of mental disorders and

disabilities, and all services necessary to treat, care for,

control, supervise, and rehabilitate persons who have a mental

disorder or disability, including persons whose mental disorders

or disabilities result from alcoholism or drug addiction.

(13) "Mental retardation services" includes all services

concerned with research, prevention, and detection of mental

retardation, and all services related to the education, training,

habilitation, care, treatment, supervision, and control of

persons with mental retardation, but does not include the

education of school-age persons that the public educational

system is authorized to provide.

(13-a) "Person with a developmental disability" means an

individual with a severe, chronic disability attributable to a

mental or physical impairment or a combination of mental and

physical impairments that:

(A) manifests before the person reaches 22 years of age;

(B) is likely to continue indefinitely;

(C) reflects the individual's need for a combination and

sequence of special, interdisciplinary, or generic services,

individualized supports, or other forms of assistance that are of

a lifelong or extended duration and are individually planned and

coordinated; and

(D) results in substantial functional limitations in three or

more of the following categories of major life activity:

(i) self-care;

(ii) receptive and expressive language;

(iii) learning;

(iv) mobility;

(v) self-direction;

(vi) capacity for independent living; and

(vii) economic self-sufficiency.

(14) "Person with mental retardation" means a person, other than

a person with a mental disorder, whose mental deficit requires

the person to have special training, education, supervision,

treatment, care, or control in the person's home or community or

in a state school.

(15) "Priority population" means those groups of persons with

mental illness or mental retardation identified by the department

as being most in need of mental health or mental retardation

services.

(16) "Region" means the area within the boundaries of the local

agencies participating in the operation of community centers

established under Subchapter A, Chapter 534.

(17) "State supported living center" means a state-supported and

structured residential facility operated by the Department of

Aging and Disability Services to provide to clients with mental

retardation a variety of services, including medical treatment,

specialized therapy, and training in the acquisition of personal,

social, and vocational skills.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.01, eff.

Aug. 30, 1993; Acts 1995, 74th Leg., ch. 821, Sec. 2, eff. Sept.

1, 1995; Acts 2001, 77th Leg., ch. 367, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 17, eff. June 11, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1292, Sec. 1, eff. June 19, 2009.

Sec. 531.0021. REFERENCE TO STATE SCHOOL OR SUPERINTENDENT. (a)

A reference in law to a "state school" means a state supported

living center.

(b) A reference in law to a "superintendent," to the extent the

term is intended to refer to the person in charge of a state

supported living center, means the director of a state supported

living center.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 18, eff. June 11, 2009.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-531-provisions-generally-applicable-to-the-texas-department-of-mental-health-and-mental-reta

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL

RETARDATION

CHAPTER 531. PROVISIONS GENERALLY APPLICABLE TO THE TEXAS

DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION

Sec. 531.001. PURPOSE; POLICY. (a) It is the purpose of this

subtitle to provide for the effective administration and

coordination of mental health and mental retardation services at

the state and local levels.

(b) Recognizing that a variety of alternatives for serving the

mentally disabled exists, it is the purpose of this subtitle to

ensure that a continuum of services is provided. The continuum of

services includes facilities operated by the Texas Department of

Mental Health and Mental Retardation and community services

provided by the department and other entities through contracts

with the department.

(c) It is the goal of this state to provide a comprehensive

range of services for persons with mental illness or mental

retardation who need publicly supported care, treatment, or

habilitation. In providing those services, efforts will be made

to coordinate services and programs with services and programs

provided by other governmental entities to minimize duplication

and to share with other governmental entities in financing those

services and programs.

(d) It is the policy of this state that, when appropriate and

feasible, persons with mental illness or mental retardation shall

be afforded treatment in their own communities.

(e) It is the public policy of this state that mental health and

mental retardation services be the responsibility of local

agencies and organizations to the greatest extent possible. The

department shall assist the local agencies and organizations by

coordinating the implementation of a statewide system of

services. The department shall ensure that mental health and

mental retardation services are provided. The department shall

provide technical assistance for and regulation of the programs

that receive funding through contracts with the department.

(f) It is the public policy of this state to offer services

first to those persons who are most in need. Therefore, funds

appropriated by the legislature for mental health and mental

retardation services may be spent only to provide services to the

priority populations identified in the department's long-range

plan.

(g) It is the goal of this state to establish at least one

special officer for mental health assignment in each county. To

achieve this goal, the department shall assist a local law

enforcement agency that desires to have an officer certified

under Section 1701.404, Occupations Code.

(h) It is the policy of this state that the board serves as the

state's mental health and mental retardation authority and is

responsible for the planning, policy development, and resource

development and allocation for and oversight of mental health and

mental retardation services in this state. It is the policy of

this state that, when appropriate and feasible, the board may

delegate the board's authority to a single entity in each region

of the state that may function as the local mental health or

mental retardation authority for one or more service areas in the

region.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 19, eff.

Sept. 1, 1993; Acts 1995, 74th Leg., ch. 821, Sec. 1, eff. Sept.

1, 1995; Acts 2001, 77th Leg., ch. 1420, Sec. 14.800, eff. Sept.

1, 2001.

Sec. 531.002. DEFINITIONS. In this subtitle:

(1) "Board" means the Texas Board of Mental Health and Mental

Retardation.

(2) "Business entity" means a sole proprietorship, partnership,

firm, corporation, holding company, joint-stock company,

receivership, trust, or any other entity recognized by law.

(3) "Chemical dependency" has the meaning assigned by Section

461.002.

(4) "Commissioner" means the commissioner of mental health and

mental retardation.

(5) "Community center" means a center established under

Subchapter A, Chapter 534.

(6) "Department" means the Texas Department of Mental Health and

Mental Retardation.

(7) "Effective administration" includes continuous planning and

evaluation within the system that result in more efficient

fulfillment of the purposes and policies of this subtitle.

(8) "ICF-MR" means the medical assistance program serving

persons with mental retardation who receive care in intermediate

care facilities.

(9) "Local agency" means:

(A) a municipality, county, hospital district, rehabilitation

district, school district, state-supported institution of higher

education, or state-supported medical school; or

(B) any organizational combination of two or more of those

entities.

(10) "Local mental health authority" means an entity to which

the board delegates its authority and responsibility within a

specified region for planning, policy development, coordination,

including coordination with criminal justice entities, and

resource development and allocation and for supervising and

ensuring the provision of mental health services to persons with

mental illness in the most appropriate and available setting to

meet individual needs in one or more local service areas.

(11) "Local mental retardation authority" means an entity to

which the board delegates its authority and responsibility within

a specified region for planning, policy development,

coordination, including coordination with criminal justice

entities, and resource development and allocation and for

supervising and ensuring the provision of mental retardation

services to persons with mental retardation in the most

appropriate and available setting to meet individual needs in one

or more local service areas.

(12) "Mental health services" includes all services concerned

with research, prevention, and detection of mental disorders and

disabilities, and all services necessary to treat, care for,

control, supervise, and rehabilitate persons who have a mental

disorder or disability, including persons whose mental disorders

or disabilities result from alcoholism or drug addiction.

(13) "Mental retardation services" includes all services

concerned with research, prevention, and detection of mental

retardation, and all services related to the education, training,

habilitation, care, treatment, supervision, and control of

persons with mental retardation, but does not include the

education of school-age persons that the public educational

system is authorized to provide.

(13-a) "Person with a developmental disability" means an

individual with a severe, chronic disability attributable to a

mental or physical impairment or a combination of mental and

physical impairments that:

(A) manifests before the person reaches 22 years of age;

(B) is likely to continue indefinitely;

(C) reflects the individual's need for a combination and

sequence of special, interdisciplinary, or generic services,

individualized supports, or other forms of assistance that are of

a lifelong or extended duration and are individually planned and

coordinated; and

(D) results in substantial functional limitations in three or

more of the following categories of major life activity:

(i) self-care;

(ii) receptive and expressive language;

(iii) learning;

(iv) mobility;

(v) self-direction;

(vi) capacity for independent living; and

(vii) economic self-sufficiency.

(14) "Person with mental retardation" means a person, other than

a person with a mental disorder, whose mental deficit requires

the person to have special training, education, supervision,

treatment, care, or control in the person's home or community or

in a state school.

(15) "Priority population" means those groups of persons with

mental illness or mental retardation identified by the department

as being most in need of mental health or mental retardation

services.

(16) "Region" means the area within the boundaries of the local

agencies participating in the operation of community centers

established under Subchapter A, Chapter 534.

(17) "State supported living center" means a state-supported and

structured residential facility operated by the Department of

Aging and Disability Services to provide to clients with mental

retardation a variety of services, including medical treatment,

specialized therapy, and training in the acquisition of personal,

social, and vocational skills.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.01, eff.

Aug. 30, 1993; Acts 1995, 74th Leg., ch. 821, Sec. 2, eff. Sept.

1, 1995; Acts 2001, 77th Leg., ch. 367, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 17, eff. June 11, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1292, Sec. 1, eff. June 19, 2009.

Sec. 531.0021. REFERENCE TO STATE SCHOOL OR SUPERINTENDENT. (a)

A reference in law to a "state school" means a state supported

living center.

(b) A reference in law to a "superintendent," to the extent the

term is intended to refer to the person in charge of a state

supported living center, means the director of a state supported

living center.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 18, eff. June 11, 2009.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-531-provisions-generally-applicable-to-the-texas-department-of-mental-health-and-mental-reta

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL

RETARDATION

CHAPTER 531. PROVISIONS GENERALLY APPLICABLE TO THE TEXAS

DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION

Sec. 531.001. PURPOSE; POLICY. (a) It is the purpose of this

subtitle to provide for the effective administration and

coordination of mental health and mental retardation services at

the state and local levels.

(b) Recognizing that a variety of alternatives for serving the

mentally disabled exists, it is the purpose of this subtitle to

ensure that a continuum of services is provided. The continuum of

services includes facilities operated by the Texas Department of

Mental Health and Mental Retardation and community services

provided by the department and other entities through contracts

with the department.

(c) It is the goal of this state to provide a comprehensive

range of services for persons with mental illness or mental

retardation who need publicly supported care, treatment, or

habilitation. In providing those services, efforts will be made

to coordinate services and programs with services and programs

provided by other governmental entities to minimize duplication

and to share with other governmental entities in financing those

services and programs.

(d) It is the policy of this state that, when appropriate and

feasible, persons with mental illness or mental retardation shall

be afforded treatment in their own communities.

(e) It is the public policy of this state that mental health and

mental retardation services be the responsibility of local

agencies and organizations to the greatest extent possible. The

department shall assist the local agencies and organizations by

coordinating the implementation of a statewide system of

services. The department shall ensure that mental health and

mental retardation services are provided. The department shall

provide technical assistance for and regulation of the programs

that receive funding through contracts with the department.

(f) It is the public policy of this state to offer services

first to those persons who are most in need. Therefore, funds

appropriated by the legislature for mental health and mental

retardation services may be spent only to provide services to the

priority populations identified in the department's long-range

plan.

(g) It is the goal of this state to establish at least one

special officer for mental health assignment in each county. To

achieve this goal, the department shall assist a local law

enforcement agency that desires to have an officer certified

under Section 1701.404, Occupations Code.

(h) It is the policy of this state that the board serves as the

state's mental health and mental retardation authority and is

responsible for the planning, policy development, and resource

development and allocation for and oversight of mental health and

mental retardation services in this state. It is the policy of

this state that, when appropriate and feasible, the board may

delegate the board's authority to a single entity in each region

of the state that may function as the local mental health or

mental retardation authority for one or more service areas in the

region.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 19, eff.

Sept. 1, 1993; Acts 1995, 74th Leg., ch. 821, Sec. 1, eff. Sept.

1, 1995; Acts 2001, 77th Leg., ch. 1420, Sec. 14.800, eff. Sept.

1, 2001.

Sec. 531.002. DEFINITIONS. In this subtitle:

(1) "Board" means the Texas Board of Mental Health and Mental

Retardation.

(2) "Business entity" means a sole proprietorship, partnership,

firm, corporation, holding company, joint-stock company,

receivership, trust, or any other entity recognized by law.

(3) "Chemical dependency" has the meaning assigned by Section

461.002.

(4) "Commissioner" means the commissioner of mental health and

mental retardation.

(5) "Community center" means a center established under

Subchapter A, Chapter 534.

(6) "Department" means the Texas Department of Mental Health and

Mental Retardation.

(7) "Effective administration" includes continuous planning and

evaluation within the system that result in more efficient

fulfillment of the purposes and policies of this subtitle.

(8) "ICF-MR" means the medical assistance program serving

persons with mental retardation who receive care in intermediate

care facilities.

(9) "Local agency" means:

(A) a municipality, county, hospital district, rehabilitation

district, school district, state-supported institution of higher

education, or state-supported medical school; or

(B) any organizational combination of two or more of those

entities.

(10) "Local mental health authority" means an entity to which

the board delegates its authority and responsibility within a

specified region for planning, policy development, coordination,

including coordination with criminal justice entities, and

resource development and allocation and for supervising and

ensuring the provision of mental health services to persons with

mental illness in the most appropriate and available setting to

meet individual needs in one or more local service areas.

(11) "Local mental retardation authority" means an entity to

which the board delegates its authority and responsibility within

a specified region for planning, policy development,

coordination, including coordination with criminal justice

entities, and resource development and allocation and for

supervising and ensuring the provision of mental retardation

services to persons with mental retardation in the most

appropriate and available setting to meet individual needs in one

or more local service areas.

(12) "Mental health services" includes all services concerned

with research, prevention, and detection of mental disorders and

disabilities, and all services necessary to treat, care for,

control, supervise, and rehabilitate persons who have a mental

disorder or disability, including persons whose mental disorders

or disabilities result from alcoholism or drug addiction.

(13) "Mental retardation services" includes all services

concerned with research, prevention, and detection of mental

retardation, and all services related to the education, training,

habilitation, care, treatment, supervision, and control of

persons with mental retardation, but does not include the

education of school-age persons that the public educational

system is authorized to provide.

(13-a) "Person with a developmental disability" means an

individual with a severe, chronic disability attributable to a

mental or physical impairment or a combination of mental and

physical impairments that:

(A) manifests before the person reaches 22 years of age;

(B) is likely to continue indefinitely;

(C) reflects the individual's need for a combination and

sequence of special, interdisciplinary, or generic services,

individualized supports, or other forms of assistance that are of

a lifelong or extended duration and are individually planned and

coordinated; and

(D) results in substantial functional limitations in three or

more of the following categories of major life activity:

(i) self-care;

(ii) receptive and expressive language;

(iii) learning;

(iv) mobility;

(v) self-direction;

(vi) capacity for independent living; and

(vii) economic self-sufficiency.

(14) "Person with mental retardation" means a person, other than

a person with a mental disorder, whose mental deficit requires

the person to have special training, education, supervision,

treatment, care, or control in the person's home or community or

in a state school.

(15) "Priority population" means those groups of persons with

mental illness or mental retardation identified by the department

as being most in need of mental health or mental retardation

services.

(16) "Region" means the area within the boundaries of the local

agencies participating in the operation of community centers

established under Subchapter A, Chapter 534.

(17) "State supported living center" means a state-supported and

structured residential facility operated by the Department of

Aging and Disability Services to provide to clients with mental

retardation a variety of services, including medical treatment,

specialized therapy, and training in the acquisition of personal,

social, and vocational skills.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.01, eff.

Aug. 30, 1993; Acts 1995, 74th Leg., ch. 821, Sec. 2, eff. Sept.

1, 1995; Acts 2001, 77th Leg., ch. 367, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 17, eff. June 11, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1292, Sec. 1, eff. June 19, 2009.

Sec. 531.0021. REFERENCE TO STATE SCHOOL OR SUPERINTENDENT. (a)

A reference in law to a "state school" means a state supported

living center.

(b) A reference in law to a "superintendent," to the extent the

term is intended to refer to the person in charge of a state

supported living center, means the director of a state supported

living center.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 18, eff. June 11, 2009.