State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-532-organization-of-texas-department-of-mental-health-and-mental-retardation

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL

RETARDATION

CHAPTER 532. ORGANIZATION OF TEXAS DEPARTMENT OF MENTAL HEALTH

AND MENTAL RETARDATION

Sec. 532.001. COMPOSITION OF DEPARTMENT. (a) The Texas

Department of Mental Health and Mental Retardation is composed

of:

(1) the Texas Board of Mental Health and Mental Retardation;

(2) the commissioner of mental health and mental retardation;

and

(3) a staff under the direction of the commissioner.

(b) The Department of Aging and Disability Services and the

Department of State Health Services also include community

services operated by those departments and the following

facilities, as appropriate:

(1) the central office of each department;

(2) the Austin State Hospital;

(3) the Big Spring State Hospital;

(4) the Kerrville State Hospital;

(5) the Rusk State Hospital;

(6) the San Antonio State Hospital;

(7) the Terrell State Hospital;

(8) the North Texas State Hospital;

(9) the Abilene State Supported Living Center;

(10) the Austin State Supported Living Center;

(11) the Brenham State Supported Living Center;

(12) the Corpus Christi State Supported Living Center;

(13) the Denton State Supported Living Center;

(14) the Lubbock State Supported Living Center;

(15) the Lufkin State Supported Living Center;

(16) the Mexia State Supported Living Center;

(17) the Richmond State Supported Living Center;

(18) the San Angelo State Supported Living Center;

(19) the San Antonio State Supported Living Center;

(20) the El Paso State Supported Living Center;

(21) the Rio Grande State Center; and

(22) the Waco Center for Youth.

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

1991. Amended by Acts 1995, 74th Leg., ch. 821, Sec. 3, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 500, Sec. 1, eff. May

31, 1997; Acts 1999, 76th Leg., ch. 543, Sec. 1, eff. June 18,

1999; Acts 2001, 77th Leg., ch. 893, Sec. 1, eff. June 14, 2001.

Amended by:

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

284, Sec. 19, eff. June 11, 2009.

Sec. 532.002. SUNSET PROVISION. The Texas Department of Mental

Health and Mental Retardation is subject to Chapter 325,

Government Code (Texas Sunset Act). Unless continued in existence

as provided by that Act, the department is abolished and this

chapter expires September 1, 2011.

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

1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.

4.07, eff. Nov. 12, 1991; Acts 1999, 76th Leg., ch. 1187, Sec. 1,

eff. Sept. 1, 1999.

Sec. 532.003. COMPOSITION OF BOARD. (a) The board is composed

of nine members appointed by the governor with the advice and

consent of the senate.

(b) The members must be representatives of the public who have

demonstrated interest in mental health, mental retardation,

developmental disabilities, or the health and human services

system. At least one member must be a consumer of services for

persons with mental illness or mental retardation or a family

member of a consumer of those services.

(c) Appointments to the board shall be made without regard to

the race, color, handicap, sex, religion, age, or national origin

of the appointees.

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

1991. Amended by Acts 1995, 74th Leg., ch. 208, Sec. 1, eff. Aug.

28, 1995; Acts 1995, 74th Leg., ch. 821, Sec. 4, eff. Sept. 1,

1995.

Sec. 532.0035. BOARD TRAINING. (a) A person who is appointed

to and qualifies for office as a member of the board may not

vote, deliberate, or be counted as a member in attendance at a

meeting of the board until the person completes a training

session that complies with this section.

(b) The training program must provide the person with

information regarding:

(1) the legislation that created the department and board;

(2) the programs operated by the department;

(3) the roles and functions of the department;

(4) the rules of the department with an emphasis on the rules

that relate to disciplinary and investigatory authority;

(5) the current budget for the department;

(6) the results of the most recent formal audit of the

department;

(7) the requirements of:

(A) the open meetings law, Chapter 551, Government Code;

(B) the public information law, Chapter 552, Government Code;

(C) the administrative procedure law, Chapter 2001, Government

Code; and

(D) other laws relating to public officials, including

conflict-of-interest laws; and

(8) any applicable ethics policies adopted by the department or

the Texas Ethics Commission.

(c) A person appointed to the board is entitled to

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 2, eff. Sept. 1,

1999.

Sec. 532.004. RESTRICTIONS ON BOARD APPOINTMENT AND MEMBERSHIP

AND ON DEPARTMENT EMPLOYMENT. (a) A person is not eligible for

appointment as a board member if the person or the person's

spouse:

(1) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by the department or receiving funds from the

department; or

(2) uses or receives a substantial amount of tangible goods,

services, or funds from the department, other than:

(A) compensation or reimbursement authorized by law for board

membership, attendance, or expenses; or

(B) as a parent or guardian of a client or patient receiving

services from the department.

(b) An officer, employee, or paid consultant of a trade

association in the field of mental health or mental retardation

may not be a member of the board or an employee of the

department.

(c) A person who is the spouse of an officer, employee, or paid

consultant of a trade association in the field of mental health

or mental retardation may not be a board member or a department

employee grade 17 or over, including exempt employees, according

to the position classification schedule under the General

Appropriations Act.

(d) A person may not serve as a member of the board or act as

the general counsel to the department if the person is required

to register as a lobbyist under Chapter 305, Government Code,

because of the person's activities for compensation on behalf of

a profession related to the operation of the department.

(e) For purposes of this section, a trade association is a

nonprofit, cooperative, voluntarily joined association of

business or professional competitors designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

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

1991.

Sec. 532.005. TERMS. Board members serve six-year terms.

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

1991.

Sec. 532.006. CHAIRMAN. The governor shall designate a board

member as chairman.

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

1991.

Sec. 532.007. REMOVAL OF BOARD MEMBERS. (a) It is a ground for

removal from the board if a member:

(1) is not eligible for appointment to the board at the time of

appointment as provided by Section 532.004(a);

(2) does not maintain during service on the board the

qualifications required by Section 532.004(a);

(3) violates a prohibition established by Section 532.004(b),

(c), or (d);

(4) cannot discharge the member's duties for a substantial part

of the term for which the member is appointed because of illness

or disability; or

(5) is absent from more than half of the regularly scheduled

board meetings that the member is eligible to attend during a

calendar year unless the absence is excused by majority vote of

the board.

(b) The validity of an action of the board is not affected by

the fact that it is taken when a ground for removal of a board

member exists.

(c) If the commissioner has knowledge that a potential ground

for removal exists, the commissioner shall notify the chairman of

the board of the ground. The chairman shall then notify the

governor that a potential ground for removal exists.

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

1991.

Sec. 532.009. REIMBURSEMENT FOR EXPENSES; PER DIEM. A board

member is entitled to receive:

(1) reimbursement for actual and necessary expenses incurred in

discharging the member's duties; and

(2) the per diem compensation as provided by appropriation for

each day the member actually performs official duties.

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

1991.

Sec. 532.010. BOARD MEETINGS. (a) The board shall hold at

least four regular meetings each year in the city of Austin on

dates set by board rule. The board shall adopt rules that provide

for holding special meetings.

(b) A board meeting, other than a meeting to deliberate the

appointment of the commissioner, is open to the public.

(c) The board shall adopt policies that provide the public with

a reasonable opportunity to appear before the board and to speak

on any issue under the board's jurisdiction.

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

1991.

Sec. 532.011. COMMISSIONER. (a) The commissioner of health and

human services shall employ a commissioner in accordance with

Section 531.0056, Government Code.

(b) To be qualified for employment as commissioner, a person

must have:

(1) professional training and experience in the administration

or management of comprehensive health care or human service

operations; and

(2) proven administrative and management ability, preferably in

the health care area.

(c) Repealed by Acts 1999, 76th Leg., ch. 1460, Sec. 13.01(3),

eff. Sept. 1, 1999.

(d) The commissioner:

(1) has the administrative and decisional powers granted under

this subtitle; and

(2) shall administer the department and this subtitle and ensure

the effective administration of the department and its programs

and services.

(e) The commissioner shall:

(1) establish qualifications for department personnel that

balance clinical and programmatic knowledge and management

experience; and

(2) standardize qualifications for personnel positions

throughout the department.

(f) The commissioner shall:

(1) establish an organizational structure within the department

that will promote the effective administration of this subtitle;

and

(2) establish the duties and functions of the department's

staff.

(g) The commissioner is responsible for implementation of the

board's planning, policy, resource development and allocation,

and oversight related to mental health and mental retardation

services.

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

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.150, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 821, Sec. 5, eff. Sept.

1, 1995; Acts 1999, 76th Leg., ch. 1460, Sec. 2.21, 13.01(3) eff.

Sept. 1, 1999.

Sec. 532.012. MEDICAL DIRECTOR. (a) The commissioner shall

appoint a medical director.

(b) To be qualified for appointment as medical director, a

person must:

(1) be a physician licensed to practice in this state; and

(2) have proven administrative experience and ability in

comprehensive health care or human service operations.

(c) The medical director reports to the commissioner and is

responsible for:

(1) oversight of the quality and appropriateness of clinical

services delivered in department facilities or under contract to

the department; and

(2) leadership in physician recruitment and retention and peer

review.

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

1991. Amended by Acts 1995, 74th Leg., ch. 821, Sec. 6, eff.

Sept. 1, 1995.

Sec. 532.014. HEADS OF DEPARTMENTAL FACILITIES. (a) The

commissioner shall appoint the head of each facility the

department administers.

(b) The head of a facility serves at the will of the

commissioner.

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

1991. Amended by Acts 1995, 74th Leg., ch. 821, Sec. 7, eff.

Sept. 1, 1995.

Sec. 532.015. RULES AND POLICIES. (a) The board shall adopt

rules and develop basic and general policies to guide the

department in administering this subtitle. The rules and policies

must be consistent with the purposes, policies, principles, and

standards stated in this subtitle.

(b) The board shall adopt policies that clearly define the

respective responsibilities of the board and the staff of the

department.

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

1991.

Sec. 532.016. PERSONNEL. (a) The commissioner shall develop an

intra-agency career ladder program. The program shall require

intra-agency posting of all nonentry level positions concurrently

with any public posting.

(b) The commissioner shall develop a system of annual job

performance evaluations. All merit pay for department employees

must be based on the system established under this subsection.

(c) The department shall provide to its members and employees,

as often as necessary, information regarding their qualifications

under this subtitle and their responsibilities under applicable

laws relating to standards of conduct for state officers or

employees.

(d) The commissioner or the commissioner's designee shall

prepare and maintain a written policy statement that implements a

program of equal employment opportunity to ensure that all

personnel decisions are made without regard to race, color,

disability, sex, religion, age, or national origin. The policy

statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, training, and promotion of

personnel, that show the intent of the department to avoid the

unlawful employment practices described by Chapter 21, Labor

Code;

(2) an analysis of the extent to which the composition of the

department's personnel is in accordance with state and federal

law and a description of reasonable methods to achieve compliance

with state and federal law; and

(3) procedures by which a determination can be made of

significant underutilization in the department work force of all

persons for whom federal or state guidelines encourage a more

equitable balance and reasonable methods to appropriately address

those areas of significant underutilization.

(e) The policy statement must:

(1) be updated annually;

(2) be reviewed by the Commission on Human Rights for compliance

with Subsection (d)(1); and

(3) be filed with the governor's office.

(f) The governor shall deliver a biennial report to the

legislature based on the information received under Subsection

(e)(3). The report may be made separately or as a part of other

biennial reports made to the legislature.

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

1991. Amended by Acts 1999, 76th Leg., ch. 1187, Sec. 3, eff.

Sept. 1, 1999.

Sec. 532.017. ANNUAL REPORTS. (a) The department shall file

annually with the governor and the presiding officer of each

house of the legislature a complete and detailed written report

accounting for all funds received and disbursed by the department

during the preceding fiscal year. The report must be in the form

and reported in the time provided by the General Appropriations

Act.

(b) The report must include the activities of the Interstate

Compact on Mental Health, the amount and types of transfers by

the department in and out of the state using the compact, and an

accounting of any funds received and disbursed by the office of

the Interstate Compact on Mental Health Administrator for Texas.

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

1991.

Sec. 532.018. AUDITS. (a) The financial transactions of the

department are subject to audit by the state auditor in

accordance with Chapter 321, Government Code.

(b) The director of the internal audit unit shall report

directly to the commissioner.

(c) Each audit report shall be submitted directly to the board.

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

1991.

Sec. 532.019. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a)

The department shall prepare information of public interest

describing the functions of the department and the procedures by

which complaints are filed with and resolved by the department.

The department shall make the information available to the public

and appropriate state agencies.

(b) The board by rule shall establish methods by which consumers

and service recipients are notified of the name, mailing address,

and telephone number of the department for the purpose of

directing complaints to the department. The board may provide for

that notification:

(1) on each registration form, application, or written contract

for services of an entity regulated under this subtitle or of an

entity the creation of which is authorized by this subtitle;

(2) on a sign that is prominently displayed in the place of

business of each entity regulated under this subtitle or of each

entity the creation of which is authorized by this subtitle; or

(3) in a bill for service provided by an entity regulated under

this subtitle or by an entity the creation of which is authorized

by this subtitle.

(c) If a written complaint is filed with the department relating

to an entity regulated by the department, the department, at

least quarterly and until final disposition of the complaint,

shall notify the complainant and the entity regulated by the

department of the status of the complaint unless notice would

jeopardize an undercover investigation.

(d) The department shall keep an information file about each

complaint filed with the department relating to an entity

regulated by the department.

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

1991.

Sec. 532.020. ADVISORY COMMITTEES. (a) The board shall appoint

a medical advisory committee and any other advisory committees

the board considers necessary to assist in the effective

administration of the department's mental health and mental

retardation programs.

(b) The department may reimburse committee members for travel

costs incurred in performing their duties at the rates authorized

for state officers and employees under the General Appropriations

Act.

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

1991.

Sec. 532.021. CITIZENS' PLANNING ADVISORY COMMITTEE. (a) The

board shall appoint a citizens' planning advisory committee that

is composed of:

(1) three persons who have demonstrated an interest in and

knowledge of the department system and the legal, political, and

economic environment in which the department operates;

(2) three persons who have expertise in the development and

implementation of long-range plans; and

(3) three members of the public.

(b) In addition to the requirements of Subsection (a), at least

one member must be a consumer of services for persons with mental

illness or a family member of a consumer of those services, and

at least one member must be a consumer of services for persons

with mental retardation or a family member of a consumer of those

services.

(c) The committee shall:

(1) advise the department on all stages of the development and

implementation of the long-range plan required by Section

533.032;

(2) review the development, implementation, and any necessary

revisions of the long-range plan;

(3) review the department's biennial budget request and assess

the degree to which the request allows for implementation of the

long-range plan; and

(4) advise the board on:

(A) the appropriateness of the long-range plan;

(B) any identified problems related to the implementation of the

plan;

(C) any necessary revisions to the plan; and

(D) the adequacy of the department's budget request.

(d) The board shall review the committee's reports in

conjunction with information provided by the department on the

long-range plan or the biennial budget request.

(e) The board shall allow the committee opportunities to appear

before the board as needed.

(f) Before a board meeting relating to the development,

implementation, or revision of the department's long-range plan,

the department shall, in a timely manner, provide the committee

with any information that will be presented to the board.

(g) Before submitting the department's biennial budget request

to the board for discussion or approval, the department shall, in

a timely manner, provide the committee with a copy of the budget

request.

(h) The department shall provide the committee with the staff

support necessary to allow the committee to fulfill its duties.

(i) The committee shall provide copies of its reports to the

board, governor, lieutenant governor, speaker of the house of

representatives, and appropriate legislative committees.

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

1991.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-532-organization-of-texas-department-of-mental-health-and-mental-retardation

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL

RETARDATION

CHAPTER 532. ORGANIZATION OF TEXAS DEPARTMENT OF MENTAL HEALTH

AND MENTAL RETARDATION

Sec. 532.001. COMPOSITION OF DEPARTMENT. (a) The Texas

Department of Mental Health and Mental Retardation is composed

of:

(1) the Texas Board of Mental Health and Mental Retardation;

(2) the commissioner of mental health and mental retardation;

and

(3) a staff under the direction of the commissioner.

(b) The Department of Aging and Disability Services and the

Department of State Health Services also include community

services operated by those departments and the following

facilities, as appropriate:

(1) the central office of each department;

(2) the Austin State Hospital;

(3) the Big Spring State Hospital;

(4) the Kerrville State Hospital;

(5) the Rusk State Hospital;

(6) the San Antonio State Hospital;

(7) the Terrell State Hospital;

(8) the North Texas State Hospital;

(9) the Abilene State Supported Living Center;

(10) the Austin State Supported Living Center;

(11) the Brenham State Supported Living Center;

(12) the Corpus Christi State Supported Living Center;

(13) the Denton State Supported Living Center;

(14) the Lubbock State Supported Living Center;

(15) the Lufkin State Supported Living Center;

(16) the Mexia State Supported Living Center;

(17) the Richmond State Supported Living Center;

(18) the San Angelo State Supported Living Center;

(19) the San Antonio State Supported Living Center;

(20) the El Paso State Supported Living Center;

(21) the Rio Grande State Center; and

(22) the Waco Center for Youth.

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

1991. Amended by Acts 1995, 74th Leg., ch. 821, Sec. 3, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 500, Sec. 1, eff. May

31, 1997; Acts 1999, 76th Leg., ch. 543, Sec. 1, eff. June 18,

1999; Acts 2001, 77th Leg., ch. 893, Sec. 1, eff. June 14, 2001.

Amended by:

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

284, Sec. 19, eff. June 11, 2009.

Sec. 532.002. SUNSET PROVISION. The Texas Department of Mental

Health and Mental Retardation is subject to Chapter 325,

Government Code (Texas Sunset Act). Unless continued in existence

as provided by that Act, the department is abolished and this

chapter expires September 1, 2011.

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

1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.

4.07, eff. Nov. 12, 1991; Acts 1999, 76th Leg., ch. 1187, Sec. 1,

eff. Sept. 1, 1999.

Sec. 532.003. COMPOSITION OF BOARD. (a) The board is composed

of nine members appointed by the governor with the advice and

consent of the senate.

(b) The members must be representatives of the public who have

demonstrated interest in mental health, mental retardation,

developmental disabilities, or the health and human services

system. At least one member must be a consumer of services for

persons with mental illness or mental retardation or a family

member of a consumer of those services.

(c) Appointments to the board shall be made without regard to

the race, color, handicap, sex, religion, age, or national origin

of the appointees.

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

1991. Amended by Acts 1995, 74th Leg., ch. 208, Sec. 1, eff. Aug.

28, 1995; Acts 1995, 74th Leg., ch. 821, Sec. 4, eff. Sept. 1,

1995.

Sec. 532.0035. BOARD TRAINING. (a) A person who is appointed

to and qualifies for office as a member of the board may not

vote, deliberate, or be counted as a member in attendance at a

meeting of the board until the person completes a training

session that complies with this section.

(b) The training program must provide the person with

information regarding:

(1) the legislation that created the department and board;

(2) the programs operated by the department;

(3) the roles and functions of the department;

(4) the rules of the department with an emphasis on the rules

that relate to disciplinary and investigatory authority;

(5) the current budget for the department;

(6) the results of the most recent formal audit of the

department;

(7) the requirements of:

(A) the open meetings law, Chapter 551, Government Code;

(B) the public information law, Chapter 552, Government Code;

(C) the administrative procedure law, Chapter 2001, Government

Code; and

(D) other laws relating to public officials, including

conflict-of-interest laws; and

(8) any applicable ethics policies adopted by the department or

the Texas Ethics Commission.

(c) A person appointed to the board is entitled to

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 2, eff. Sept. 1,

1999.

Sec. 532.004. RESTRICTIONS ON BOARD APPOINTMENT AND MEMBERSHIP

AND ON DEPARTMENT EMPLOYMENT. (a) A person is not eligible for

appointment as a board member if the person or the person's

spouse:

(1) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by the department or receiving funds from the

department; or

(2) uses or receives a substantial amount of tangible goods,

services, or funds from the department, other than:

(A) compensation or reimbursement authorized by law for board

membership, attendance, or expenses; or

(B) as a parent or guardian of a client or patient receiving

services from the department.

(b) An officer, employee, or paid consultant of a trade

association in the field of mental health or mental retardation

may not be a member of the board or an employee of the

department.

(c) A person who is the spouse of an officer, employee, or paid

consultant of a trade association in the field of mental health

or mental retardation may not be a board member or a department

employee grade 17 or over, including exempt employees, according

to the position classification schedule under the General

Appropriations Act.

(d) A person may not serve as a member of the board or act as

the general counsel to the department if the person is required

to register as a lobbyist under Chapter 305, Government Code,

because of the person's activities for compensation on behalf of

a profession related to the operation of the department.

(e) For purposes of this section, a trade association is a

nonprofit, cooperative, voluntarily joined association of

business or professional competitors designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

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

1991.

Sec. 532.005. TERMS. Board members serve six-year terms.

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

1991.

Sec. 532.006. CHAIRMAN. The governor shall designate a board

member as chairman.

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

1991.

Sec. 532.007. REMOVAL OF BOARD MEMBERS. (a) It is a ground for

removal from the board if a member:

(1) is not eligible for appointment to the board at the time of

appointment as provided by Section 532.004(a);

(2) does not maintain during service on the board the

qualifications required by Section 532.004(a);

(3) violates a prohibition established by Section 532.004(b),

(c), or (d);

(4) cannot discharge the member's duties for a substantial part

of the term for which the member is appointed because of illness

or disability; or

(5) is absent from more than half of the regularly scheduled

board meetings that the member is eligible to attend during a

calendar year unless the absence is excused by majority vote of

the board.

(b) The validity of an action of the board is not affected by

the fact that it is taken when a ground for removal of a board

member exists.

(c) If the commissioner has knowledge that a potential ground

for removal exists, the commissioner shall notify the chairman of

the board of the ground. The chairman shall then notify the

governor that a potential ground for removal exists.

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

1991.

Sec. 532.009. REIMBURSEMENT FOR EXPENSES; PER DIEM. A board

member is entitled to receive:

(1) reimbursement for actual and necessary expenses incurred in

discharging the member's duties; and

(2) the per diem compensation as provided by appropriation for

each day the member actually performs official duties.

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

1991.

Sec. 532.010. BOARD MEETINGS. (a) The board shall hold at

least four regular meetings each year in the city of Austin on

dates set by board rule. The board shall adopt rules that provide

for holding special meetings.

(b) A board meeting, other than a meeting to deliberate the

appointment of the commissioner, is open to the public.

(c) The board shall adopt policies that provide the public with

a reasonable opportunity to appear before the board and to speak

on any issue under the board's jurisdiction.

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

1991.

Sec. 532.011. COMMISSIONER. (a) The commissioner of health and

human services shall employ a commissioner in accordance with

Section 531.0056, Government Code.

(b) To be qualified for employment as commissioner, a person

must have:

(1) professional training and experience in the administration

or management of comprehensive health care or human service

operations; and

(2) proven administrative and management ability, preferably in

the health care area.

(c) Repealed by Acts 1999, 76th Leg., ch. 1460, Sec. 13.01(3),

eff. Sept. 1, 1999.

(d) The commissioner:

(1) has the administrative and decisional powers granted under

this subtitle; and

(2) shall administer the department and this subtitle and ensure

the effective administration of the department and its programs

and services.

(e) The commissioner shall:

(1) establish qualifications for department personnel that

balance clinical and programmatic knowledge and management

experience; and

(2) standardize qualifications for personnel positions

throughout the department.

(f) The commissioner shall:

(1) establish an organizational structure within the department

that will promote the effective administration of this subtitle;

and

(2) establish the duties and functions of the department's

staff.

(g) The commissioner is responsible for implementation of the

board's planning, policy, resource development and allocation,

and oversight related to mental health and mental retardation

services.

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

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.150, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 821, Sec. 5, eff. Sept.

1, 1995; Acts 1999, 76th Leg., ch. 1460, Sec. 2.21, 13.01(3) eff.

Sept. 1, 1999.

Sec. 532.012. MEDICAL DIRECTOR. (a) The commissioner shall

appoint a medical director.

(b) To be qualified for appointment as medical director, a

person must:

(1) be a physician licensed to practice in this state; and

(2) have proven administrative experience and ability in

comprehensive health care or human service operations.

(c) The medical director reports to the commissioner and is

responsible for:

(1) oversight of the quality and appropriateness of clinical

services delivered in department facilities or under contract to

the department; and

(2) leadership in physician recruitment and retention and peer

review.

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

1991. Amended by Acts 1995, 74th Leg., ch. 821, Sec. 6, eff.

Sept. 1, 1995.

Sec. 532.014. HEADS OF DEPARTMENTAL FACILITIES. (a) The

commissioner shall appoint the head of each facility the

department administers.

(b) The head of a facility serves at the will of the

commissioner.

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

1991. Amended by Acts 1995, 74th Leg., ch. 821, Sec. 7, eff.

Sept. 1, 1995.

Sec. 532.015. RULES AND POLICIES. (a) The board shall adopt

rules and develop basic and general policies to guide the

department in administering this subtitle. The rules and policies

must be consistent with the purposes, policies, principles, and

standards stated in this subtitle.

(b) The board shall adopt policies that clearly define the

respective responsibilities of the board and the staff of the

department.

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

1991.

Sec. 532.016. PERSONNEL. (a) The commissioner shall develop an

intra-agency career ladder program. The program shall require

intra-agency posting of all nonentry level positions concurrently

with any public posting.

(b) The commissioner shall develop a system of annual job

performance evaluations. All merit pay for department employees

must be based on the system established under this subsection.

(c) The department shall provide to its members and employees,

as often as necessary, information regarding their qualifications

under this subtitle and their responsibilities under applicable

laws relating to standards of conduct for state officers or

employees.

(d) The commissioner or the commissioner's designee shall

prepare and maintain a written policy statement that implements a

program of equal employment opportunity to ensure that all

personnel decisions are made without regard to race, color,

disability, sex, religion, age, or national origin. The policy

statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, training, and promotion of

personnel, that show the intent of the department to avoid the

unlawful employment practices described by Chapter 21, Labor

Code;

(2) an analysis of the extent to which the composition of the

department's personnel is in accordance with state and federal

law and a description of reasonable methods to achieve compliance

with state and federal law; and

(3) procedures by which a determination can be made of

significant underutilization in the department work force of all

persons for whom federal or state guidelines encourage a more

equitable balance and reasonable methods to appropriately address

those areas of significant underutilization.

(e) The policy statement must:

(1) be updated annually;

(2) be reviewed by the Commission on Human Rights for compliance

with Subsection (d)(1); and

(3) be filed with the governor's office.

(f) The governor shall deliver a biennial report to the

legislature based on the information received under Subsection

(e)(3). The report may be made separately or as a part of other

biennial reports made to the legislature.

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

1991. Amended by Acts 1999, 76th Leg., ch. 1187, Sec. 3, eff.

Sept. 1, 1999.

Sec. 532.017. ANNUAL REPORTS. (a) The department shall file

annually with the governor and the presiding officer of each

house of the legislature a complete and detailed written report

accounting for all funds received and disbursed by the department

during the preceding fiscal year. The report must be in the form

and reported in the time provided by the General Appropriations

Act.

(b) The report must include the activities of the Interstate

Compact on Mental Health, the amount and types of transfers by

the department in and out of the state using the compact, and an

accounting of any funds received and disbursed by the office of

the Interstate Compact on Mental Health Administrator for Texas.

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

1991.

Sec. 532.018. AUDITS. (a) The financial transactions of the

department are subject to audit by the state auditor in

accordance with Chapter 321, Government Code.

(b) The director of the internal audit unit shall report

directly to the commissioner.

(c) Each audit report shall be submitted directly to the board.

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

1991.

Sec. 532.019. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a)

The department shall prepare information of public interest

describing the functions of the department and the procedures by

which complaints are filed with and resolved by the department.

The department shall make the information available to the public

and appropriate state agencies.

(b) The board by rule shall establish methods by which consumers

and service recipients are notified of the name, mailing address,

and telephone number of the department for the purpose of

directing complaints to the department. The board may provide for

that notification:

(1) on each registration form, application, or written contract

for services of an entity regulated under this subtitle or of an

entity the creation of which is authorized by this subtitle;

(2) on a sign that is prominently displayed in the place of

business of each entity regulated under this subtitle or of each

entity the creation of which is authorized by this subtitle; or

(3) in a bill for service provided by an entity regulated under

this subtitle or by an entity the creation of which is authorized

by this subtitle.

(c) If a written complaint is filed with the department relating

to an entity regulated by the department, the department, at

least quarterly and until final disposition of the complaint,

shall notify the complainant and the entity regulated by the

department of the status of the complaint unless notice would

jeopardize an undercover investigation.

(d) The department shall keep an information file about each

complaint filed with the department relating to an entity

regulated by the department.

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

1991.

Sec. 532.020. ADVISORY COMMITTEES. (a) The board shall appoint

a medical advisory committee and any other advisory committees

the board considers necessary to assist in the effective

administration of the department's mental health and mental

retardation programs.

(b) The department may reimburse committee members for travel

costs incurred in performing their duties at the rates authorized

for state officers and employees under the General Appropriations

Act.

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

1991.

Sec. 532.021. CITIZENS' PLANNING ADVISORY COMMITTEE. (a) The

board shall appoint a citizens' planning advisory committee that

is composed of:

(1) three persons who have demonstrated an interest in and

knowledge of the department system and the legal, political, and

economic environment in which the department operates;

(2) three persons who have expertise in the development and

implementation of long-range plans; and

(3) three members of the public.

(b) In addition to the requirements of Subsection (a), at least

one member must be a consumer of services for persons with mental

illness or a family member of a consumer of those services, and

at least one member must be a consumer of services for persons

with mental retardation or a family member of a consumer of those

services.

(c) The committee shall:

(1) advise the department on all stages of the development and

implementation of the long-range plan required by Section

533.032;

(2) review the development, implementation, and any necessary

revisions of the long-range plan;

(3) review the department's biennial budget request and assess

the degree to which the request allows for implementation of the

long-range plan; and

(4) advise the board on:

(A) the appropriateness of the long-range plan;

(B) any identified problems related to the implementation of the

plan;

(C) any necessary revisions to the plan; and

(D) the adequacy of the department's budget request.

(d) The board shall review the committee's reports in

conjunction with information provided by the department on the

long-range plan or the biennial budget request.

(e) The board shall allow the committee opportunities to appear

before the board as needed.

(f) Before a board meeting relating to the development,

implementation, or revision of the department's long-range plan,

the department shall, in a timely manner, provide the committee

with any information that will be presented to the board.

(g) Before submitting the department's biennial budget request

to the board for discussion or approval, the department shall, in

a timely manner, provide the committee with a copy of the budget

request.

(h) The department shall provide the committee with the staff

support necessary to allow the committee to fulfill its duties.

(i) The committee shall provide copies of its reports to the

board, governor, lieutenant governor, speaker of the house of

representatives, and appropriate legislative committees.

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

1991.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-532-organization-of-texas-department-of-mental-health-and-mental-retardation

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL

RETARDATION

CHAPTER 532. ORGANIZATION OF TEXAS DEPARTMENT OF MENTAL HEALTH

AND MENTAL RETARDATION

Sec. 532.001. COMPOSITION OF DEPARTMENT. (a) The Texas

Department of Mental Health and Mental Retardation is composed

of:

(1) the Texas Board of Mental Health and Mental Retardation;

(2) the commissioner of mental health and mental retardation;

and

(3) a staff under the direction of the commissioner.

(b) The Department of Aging and Disability Services and the

Department of State Health Services also include community

services operated by those departments and the following

facilities, as appropriate:

(1) the central office of each department;

(2) the Austin State Hospital;

(3) the Big Spring State Hospital;

(4) the Kerrville State Hospital;

(5) the Rusk State Hospital;

(6) the San Antonio State Hospital;

(7) the Terrell State Hospital;

(8) the North Texas State Hospital;

(9) the Abilene State Supported Living Center;

(10) the Austin State Supported Living Center;

(11) the Brenham State Supported Living Center;

(12) the Corpus Christi State Supported Living Center;

(13) the Denton State Supported Living Center;

(14) the Lubbock State Supported Living Center;

(15) the Lufkin State Supported Living Center;

(16) the Mexia State Supported Living Center;

(17) the Richmond State Supported Living Center;

(18) the San Angelo State Supported Living Center;

(19) the San Antonio State Supported Living Center;

(20) the El Paso State Supported Living Center;

(21) the Rio Grande State Center; and

(22) the Waco Center for Youth.

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

1991. Amended by Acts 1995, 74th Leg., ch. 821, Sec. 3, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 500, Sec. 1, eff. May

31, 1997; Acts 1999, 76th Leg., ch. 543, Sec. 1, eff. June 18,

1999; Acts 2001, 77th Leg., ch. 893, Sec. 1, eff. June 14, 2001.

Amended by:

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

284, Sec. 19, eff. June 11, 2009.

Sec. 532.002. SUNSET PROVISION. The Texas Department of Mental

Health and Mental Retardation is subject to Chapter 325,

Government Code (Texas Sunset Act). Unless continued in existence

as provided by that Act, the department is abolished and this

chapter expires September 1, 2011.

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

1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.

4.07, eff. Nov. 12, 1991; Acts 1999, 76th Leg., ch. 1187, Sec. 1,

eff. Sept. 1, 1999.

Sec. 532.003. COMPOSITION OF BOARD. (a) The board is composed

of nine members appointed by the governor with the advice and

consent of the senate.

(b) The members must be representatives of the public who have

demonstrated interest in mental health, mental retardation,

developmental disabilities, or the health and human services

system. At least one member must be a consumer of services for

persons with mental illness or mental retardation or a family

member of a consumer of those services.

(c) Appointments to the board shall be made without regard to

the race, color, handicap, sex, religion, age, or national origin

of the appointees.

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

1991. Amended by Acts 1995, 74th Leg., ch. 208, Sec. 1, eff. Aug.

28, 1995; Acts 1995, 74th Leg., ch. 821, Sec. 4, eff. Sept. 1,

1995.

Sec. 532.0035. BOARD TRAINING. (a) A person who is appointed

to and qualifies for office as a member of the board may not

vote, deliberate, or be counted as a member in attendance at a

meeting of the board until the person completes a training

session that complies with this section.

(b) The training program must provide the person with

information regarding:

(1) the legislation that created the department and board;

(2) the programs operated by the department;

(3) the roles and functions of the department;

(4) the rules of the department with an emphasis on the rules

that relate to disciplinary and investigatory authority;

(5) the current budget for the department;

(6) the results of the most recent formal audit of the

department;

(7) the requirements of:

(A) the open meetings law, Chapter 551, Government Code;

(B) the public information law, Chapter 552, Government Code;

(C) the administrative procedure law, Chapter 2001, Government

Code; and

(D) other laws relating to public officials, including

conflict-of-interest laws; and

(8) any applicable ethics policies adopted by the department or

the Texas Ethics Commission.

(c) A person appointed to the board is entitled to

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 2, eff. Sept. 1,

1999.

Sec. 532.004. RESTRICTIONS ON BOARD APPOINTMENT AND MEMBERSHIP

AND ON DEPARTMENT EMPLOYMENT. (a) A person is not eligible for

appointment as a board member if the person or the person's

spouse:

(1) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by the department or receiving funds from the

department; or

(2) uses or receives a substantial amount of tangible goods,

services, or funds from the department, other than:

(A) compensation or reimbursement authorized by law for board

membership, attendance, or expenses; or

(B) as a parent or guardian of a client or patient receiving

services from the department.

(b) An officer, employee, or paid consultant of a trade

association in the field of mental health or mental retardation

may not be a member of the board or an employee of the

department.

(c) A person who is the spouse of an officer, employee, or paid

consultant of a trade association in the field of mental health

or mental retardation may not be a board member or a department

employee grade 17 or over, including exempt employees, according

to the position classification schedule under the General

Appropriations Act.

(d) A person may not serve as a member of the board or act as

the general counsel to the department if the person is required

to register as a lobbyist under Chapter 305, Government Code,

because of the person's activities for compensation on behalf of

a profession related to the operation of the department.

(e) For purposes of this section, a trade association is a

nonprofit, cooperative, voluntarily joined association of

business or professional competitors designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

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

1991.

Sec. 532.005. TERMS. Board members serve six-year terms.

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

1991.

Sec. 532.006. CHAIRMAN. The governor shall designate a board

member as chairman.

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

1991.

Sec. 532.007. REMOVAL OF BOARD MEMBERS. (a) It is a ground for

removal from the board if a member:

(1) is not eligible for appointment to the board at the time of

appointment as provided by Section 532.004(a);

(2) does not maintain during service on the board the

qualifications required by Section 532.004(a);

(3) violates a prohibition established by Section 532.004(b),

(c), or (d);

(4) cannot discharge the member's duties for a substantial part

of the term for which the member is appointed because of illness

or disability; or

(5) is absent from more than half of the regularly scheduled

board meetings that the member is eligible to attend during a

calendar year unless the absence is excused by majority vote of

the board.

(b) The validity of an action of the board is not affected by

the fact that it is taken when a ground for removal of a board

member exists.

(c) If the commissioner has knowledge that a potential ground

for removal exists, the commissioner shall notify the chairman of

the board of the ground. The chairman shall then notify the

governor that a potential ground for removal exists.

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

1991.

Sec. 532.009. REIMBURSEMENT FOR EXPENSES; PER DIEM. A board

member is entitled to receive:

(1) reimbursement for actual and necessary expenses incurred in

discharging the member's duties; and

(2) the per diem compensation as provided by appropriation for

each day the member actually performs official duties.

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

1991.

Sec. 532.010. BOARD MEETINGS. (a) The board shall hold at

least four regular meetings each year in the city of Austin on

dates set by board rule. The board shall adopt rules that provide

for holding special meetings.

(b) A board meeting, other than a meeting to deliberate the

appointment of the commissioner, is open to the public.

(c) The board shall adopt policies that provide the public with

a reasonable opportunity to appear before the board and to speak

on any issue under the board's jurisdiction.

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

1991.

Sec. 532.011. COMMISSIONER. (a) The commissioner of health and

human services shall employ a commissioner in accordance with

Section 531.0056, Government Code.

(b) To be qualified for employment as commissioner, a person

must have:

(1) professional training and experience in the administration

or management of comprehensive health care or human service

operations; and

(2) proven administrative and management ability, preferably in

the health care area.

(c) Repealed by Acts 1999, 76th Leg., ch. 1460, Sec. 13.01(3),

eff. Sept. 1, 1999.

(d) The commissioner:

(1) has the administrative and decisional powers granted under

this subtitle; and

(2) shall administer the department and this subtitle and ensure

the effective administration of the department and its programs

and services.

(e) The commissioner shall:

(1) establish qualifications for department personnel that

balance clinical and programmatic knowledge and management

experience; and

(2) standardize qualifications for personnel positions

throughout the department.

(f) The commissioner shall:

(1) establish an organizational structure within the department

that will promote the effective administration of this subtitle;

and

(2) establish the duties and functions of the department's

staff.

(g) The commissioner is responsible for implementation of the

board's planning, policy, resource development and allocation,

and oversight related to mental health and mental retardation

services.

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

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.150, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 821, Sec. 5, eff. Sept.

1, 1995; Acts 1999, 76th Leg., ch. 1460, Sec. 2.21, 13.01(3) eff.

Sept. 1, 1999.

Sec. 532.012. MEDICAL DIRECTOR. (a) The commissioner shall

appoint a medical director.

(b) To be qualified for appointment as medical director, a

person must:

(1) be a physician licensed to practice in this state; and

(2) have proven administrative experience and ability in

comprehensive health care or human service operations.

(c) The medical director reports to the commissioner and is

responsible for:

(1) oversight of the quality and appropriateness of clinical

services delivered in department facilities or under contract to

the department; and

(2) leadership in physician recruitment and retention and peer

review.

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

1991. Amended by Acts 1995, 74th Leg., ch. 821, Sec. 6, eff.

Sept. 1, 1995.

Sec. 532.014. HEADS OF DEPARTMENTAL FACILITIES. (a) The

commissioner shall appoint the head of each facility the

department administers.

(b) The head of a facility serves at the will of the

commissioner.

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

1991. Amended by Acts 1995, 74th Leg., ch. 821, Sec. 7, eff.

Sept. 1, 1995.

Sec. 532.015. RULES AND POLICIES. (a) The board shall adopt

rules and develop basic and general policies to guide the

department in administering this subtitle. The rules and policies

must be consistent with the purposes, policies, principles, and

standards stated in this subtitle.

(b) The board shall adopt policies that clearly define the

respective responsibilities of the board and the staff of the

department.

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

1991.

Sec. 532.016. PERSONNEL. (a) The commissioner shall develop an

intra-agency career ladder program. The program shall require

intra-agency posting of all nonentry level positions concurrently

with any public posting.

(b) The commissioner shall develop a system of annual job

performance evaluations. All merit pay for department employees

must be based on the system established under this subsection.

(c) The department shall provide to its members and employees,

as often as necessary, information regarding their qualifications

under this subtitle and their responsibilities under applicable

laws relating to standards of conduct for state officers or

employees.

(d) The commissioner or the commissioner's designee shall

prepare and maintain a written policy statement that implements a

program of equal employment opportunity to ensure that all

personnel decisions are made without regard to race, color,

disability, sex, religion, age, or national origin. The policy

statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, training, and promotion of

personnel, that show the intent of the department to avoid the

unlawful employment practices described by Chapter 21, Labor

Code;

(2) an analysis of the extent to which the composition of the

department's personnel is in accordance with state and federal

law and a description of reasonable methods to achieve compliance

with state and federal law; and

(3) procedures by which a determination can be made of

significant underutilization in the department work force of all

persons for whom federal or state guidelines encourage a more

equitable balance and reasonable methods to appropriately address

those areas of significant underutilization.

(e) The policy statement must:

(1) be updated annually;

(2) be reviewed by the Commission on Human Rights for compliance

with Subsection (d)(1); and

(3) be filed with the governor's office.

(f) The governor shall deliver a biennial report to the

legislature based on the information received under Subsection

(e)(3). The report may be made separately or as a part of other

biennial reports made to the legislature.

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

1991. Amended by Acts 1999, 76th Leg., ch. 1187, Sec. 3, eff.

Sept. 1, 1999.

Sec. 532.017. ANNUAL REPORTS. (a) The department shall file

annually with the governor and the presiding officer of each

house of the legislature a complete and detailed written report

accounting for all funds received and disbursed by the department

during the preceding fiscal year. The report must be in the form

and reported in the time provided by the General Appropriations

Act.

(b) The report must include the activities of the Interstate

Compact on Mental Health, the amount and types of transfers by

the department in and out of the state using the compact, and an

accounting of any funds received and disbursed by the office of

the Interstate Compact on Mental Health Administrator for Texas.

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

1991.

Sec. 532.018. AUDITS. (a) The financial transactions of the

department are subject to audit by the state auditor in

accordance with Chapter 321, Government Code.

(b) The director of the internal audit unit shall report

directly to the commissioner.

(c) Each audit report shall be submitted directly to the board.

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

1991.

Sec. 532.019. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a)

The department shall prepare information of public interest

describing the functions of the department and the procedures by

which complaints are filed with and resolved by the department.

The department shall make the information available to the public

and appropriate state agencies.

(b) The board by rule shall establish methods by which consumers

and service recipients are notified of the name, mailing address,

and telephone number of the department for the purpose of

directing complaints to the department. The board may provide for

that notification:

(1) on each registration form, application, or written contract

for services of an entity regulated under this subtitle or of an

entity the creation of which is authorized by this subtitle;

(2) on a sign that is prominently displayed in the place of

business of each entity regulated under this subtitle or of each

entity the creation of which is authorized by this subtitle; or

(3) in a bill for service provided by an entity regulated under

this subtitle or by an entity the creation of which is authorized

by this subtitle.

(c) If a written complaint is filed with the department relating

to an entity regulated by the department, the department, at

least quarterly and until final disposition of the complaint,

shall notify the complainant and the entity regulated by the

department of the status of the complaint unless notice would

jeopardize an undercover investigation.

(d) The department shall keep an information file about each

complaint filed with the department relating to an entity

regulated by the department.

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

1991.

Sec. 532.020. ADVISORY COMMITTEES. (a) The board shall appoint

a medical advisory committee and any other advisory committees

the board considers necessary to assist in the effective

administration of the department's mental health and mental

retardation programs.

(b) The department may reimburse committee members for travel

costs incurred in performing their duties at the rates authorized

for state officers and employees under the General Appropriations

Act.

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

1991.

Sec. 532.021. CITIZENS' PLANNING ADVISORY COMMITTEE. (a) The

board shall appoint a citizens' planning advisory committee that

is composed of:

(1) three persons who have demonstrated an interest in and

knowledge of the department system and the legal, political, and

economic environment in which the department operates;

(2) three persons who have expertise in the development and

implementation of long-range plans; and

(3) three members of the public.

(b) In addition to the requirements of Subsection (a), at least

one member must be a consumer of services for persons with mental

illness or a family member of a consumer of those services, and

at least one member must be a consumer of services for persons

with mental retardation or a family member of a consumer of those

services.

(c) The committee shall:

(1) advise the department on all stages of the development and

implementation of the long-range plan required by Section

533.032;

(2) review the development, implementation, and any necessary

revisions of the long-range plan;

(3) review the department's biennial budget request and assess

the degree to which the request allows for implementation of the

long-range plan; and

(4) advise the board on:

(A) the appropriateness of the long-range plan;

(B) any identified problems related to the implementation of the

plan;

(C) any necessary revisions to the plan; and

(D) the adequacy of the department's budget request.

(d) The board shall review the committee's reports in

conjunction with information provided by the department on the

long-range plan or the biennial budget request.

(e) The board shall allow the committee opportunities to appear

before the board as needed.

(f) Before a board meeting relating to the development,

implementation, or revision of the department's long-range plan,

the department shall, in a timely manner, provide the committee

with any information that will be presented to the board.

(g) Before submitting the department's biennial budget request

to the board for discussion or approval, the department shall, in

a timely manner, provide the committee with a copy of the budget

request.

(h) The department shall provide the committee with the staff

support necessary to allow the committee to fulfill its duties.

(i) The committee shall provide copies of its reports to the

board, governor, lieutenant governor, speaker of the house of

representatives, and appropriate legislative committees.

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

1991.