HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND INTELLECTUAL DISABILITY

SUBTITLE A.  SERVICES FOR PERSONS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY

CHAPTER 532. GENERAL PROVISIONS RELATING TO DEPARTMENT OF STATE HEALTH SERVICES

Sec. 532.001.  DEFINITIONS; MENTAL HEALTH COMPONENTS OF DEPARTMENT.  (a) In this chapter:
(1)  "Commissioner" means the commissioner of state health services.
(2)  "Department" means the Department of State Health Services.
(b)  The department includes community services operated by the department and the following facilities:
(1)  the central office of the 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 Rio Grande State Center;
(10)  the Waco Center for Youth; and
(11)  the El Paso Psychiatric Center.
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 (S.B. 643), Sec. 19, eff. June 11, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 395 (S.B. 152), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1334, eff. April 2, 2015.

Sec. 532.002.   MEDICAL DIRECTOR.  (a)  The commissioner shall appoint a medical director.
(b)  To be qualified for appointment as the medical director under this section, 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 the following duties under this title:
(1)  oversight of the quality and appropriateness of clinical services delivered in department mental health facilities or under contract to the department in relation to mental health services; 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 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.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 2.10, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1334, eff. April 2, 2015.

Sec. 532.003.  HEADS OF DEPARTMENTAL MENTAL HEALTH FACILITIES.  (a)  The commissioner shall appoint the head of each mental health 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. 208, Sec. 1, eff. Aug. 28, 1995;  Acts 1995, 74th Leg., ch. 821, Sec. 4, eff. Sept. 1, 1995.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1334, eff. April 2, 2015.

Sec. 532.004.  ADVISORY COMMITTEES.  (a)  The executive commissioner shall appoint any advisory committees the executive commissioner considers necessary to assist in the effective administration of the department's mental health programs.
(b)  The department may reimburse committee members for travel costs incurred in performing their duties as provided by Section 2110.004, Government Code.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1334, eff. April 2, 2015.

Sec. 532.013.  FORENSIC DIRECTOR.  (a)  In this section:
(1)  "Forensic patient" means a person with mental illness or a person with an intellectual disability who is:
(A)  examined on the issue of competency to stand trial by an expert appointed under Subchapter B, Chapter 46B, Code of Criminal Procedure;
(B)  found incompetent to stand trial under Subchapter C, Chapter 46B, Code of Criminal Procedure;
(C)  committed to court-ordered mental health services under Subchapter E, Chapter 46B, Code of Criminal Procedure;
(D)  found not guilty by reason of insanity under Chapter 46C, Code of Criminal Procedure;
(E)  examined on the issue of fitness to proceed with juvenile court proceedings by an expert appointed under Chapter 51, Family Code; or
(F)  found unfit to proceed under Subchapter C, Chapter 55, Family Code.
(2)  "Forensic services" means a competency examination, competency restoration services, or mental health or intellectual disability services provided to a current or former forensic patient in the community or at a department facility.
(b)  The commissioner shall appoint a forensic director.
(c)  To be qualified for appointment as forensic director, a person must have proven expertise in the social, health, and legal systems for forensic patients, and in the intersection of those systems.
(d)  The forensic director reports to the commissioner and is responsible for:
(1)  statewide coordination and oversight of forensic services;
(2)  coordination of programs operated by the department relating to evaluation of forensic patients, transition of forensic patients from inpatient to outpatient or community-based services, community forensic monitoring, or forensic research and training; and
(3)  addressing issues with the delivery of forensic services in the state, including:
(A)  significant increases in populations with serious mental illness and criminal justice system involvement;
(B)  adequate availability of department facilities for civilly committed forensic patients;
(C)  wait times for forensic patients who require competency restoration services;
(D)  interruption of mental health services of recently released forensic patients;
(E)  coordination of services provided to forensic patients by state agencies;
(F)  provision of input regarding the regional allocation of mental health beds for certain forensic patients and other patients with mental illness under Section 533.0515; and 
(G)  provision of input regarding the development and maintenance of a training curriculum for judges and attorneys for treatment alternatives to inpatient commitment to a state hospital for certain forensic patients under Section 1001.086. 
Added by Acts 2015, 84th Leg., R.S., Ch. 207 (S.B. 1507), Sec. 1, eff. May 28, 2015.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 26, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 23, eff. September 1, 2019.