By: Craddick, Rose, Leach, Frank, Davis,	H.B. No. 446
	et al.

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