Relating to the licensing of mental hospitals and mental health facilities and the definition of facility for the purposes of the employee misconduct registry, the official text

H.B. No. 3560

AN ACT

relating to the licensing of mental hospitals and mental health

facilities and the definition of facility for the purposes of the

employee misconduct registry.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 253.001(4), Health and Safety Code, as

amended by Chapters 674 (H.B. 1009) and 887 (H.B. 4696), Acts of the

88th Legislature, Regular Session, 2023, is reenacted and amended

to read as follows:

(4) "Facility" means:

(A) a nursing facility licensed by the

commission under Chapter 242;

(B) an intermediate care facility for

individuals with an intellectual disability licensed by the

commission under Chapter 252;

(C) an adult foster care provider that contracts

with the commission;

(D) a home and community support services agency

licensed by the commission under Chapter 142;

(E) a prescribed pediatric extended care center

licensed by the commission under Chapter 248A;

(F) an assisted living facility licensed by the

commission under Chapter 247;

(F-1) a facility licensed under Chapter 555;

(F-2) a facility licensed under Chapter 577;

(G) a day activity and health services facility

licensed by the commission under Chapter 103, Human Resources Code;

(H) a residential child-care facility as defined

by Section 42.002, Human Resources Code, at which an elderly person

or an adult with a disability resides or is in the facility's care;

(I) a provider who provides home and

community-based services under the home and community-based

services (HCS) waiver program or the Texas home living (TxHmL)

waiver program; or

(J) a facility that is exempt from licensure

under Section 252.003.

SECTION 2. Section 577.004(d), Health and Safety Code, is

amended to read as follows:

(d) The application must contain:

(1) the name and location of the mental hospital or

mental health facility;

(2) the name and address of the physician to be in

charge of the hospital care and treatment of the patients;

(3) the names and addresses of the mental hospital

owners, including the officers, directors, and principal

stockholders if the owner is a corporation or other association, or

the names and addresses of the members of the board of trustees of

the community center or the directors of the entity designated by

the department to provide mental health services;

(4) the bed capacity to be authorized by the license;

(5) the number, duties, and qualifications of the

professional staff;

(6) a description of the equipment and facilities of

the mental hospital or mental health facility; [and]

(7) the name and address of the person responsible for

the daily operations of the mental hospital or mental health

facility; and

(8) other information required by the department,

including affirmative evidence of ability to comply with the

department's rules and standards.

SECTION 3. The Health and Human Services Commission is

required to implement a provision of this Act only if the

legislature appropriates money specifically for that purpose. If

the legislature does not appropriate money for that purpose, the

commission may, but is not required to, implement a provision of

this Act using other money available for that purpose.

SECTION 4. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 3560 was passed by the House on May 6,

2025, by the following vote: Yeas 148, Nays 0, 1 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 3560 was passed by the Senate on May

19, 2025, by the following vote: Yeas 30, Nays 1.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor