By: Oliverson H.B. No. 2819       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of outpatient behavioral   health centers; authorizing civil and administrative penalties;   imposing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 7, Health and Safety Code, is   amended by adding Chapter 577B to read as follows:   CHAPTER 577B. OUTPATIENT BEHAVIORAL HEALTH CENTERS   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 577B.001.  DEFINITIONS. In this chapter:                (1)  "Commission" means the Health and Human Services   Commission.                (2)  "Outpatient behavioral health center" means a   private facility that provides partial hospitalization services or   intensive outpatient mental health services for persons with   substance use disorders or who are experiencing mental illness.          Sec. 577B.002.  EXEMPTIONS. This chapter does not apply to:                (1)  a mental hospital;                (2)  a private mental hospital or other mental health   facility licensed under Chapter 577; or                (3)  a psychiatric residential youth treatment   facility certified under Chapter 577A.          Sec. 577B.003.  RULES. The executive commissioner shall   adopt rules necessary to implement this chapter.   SUBCHAPTER B. LICENSING, FEES, AND INSPECTIONS          Sec. 577B.051.  LICENSE REQUIRED. A person may not operate   an outpatient behavioral health center without a license issued by   the commission under this chapter.          Sec. 577B.052.  LICENSE APPLICATION. (a) An applicant for a   license under this chapter must submit a sworn application to the   commission on a form prescribed by the commission.          (b)  The commission shall prepare the application form and   make the form available on request.          (c)  The application must be accompanied by a nonrefundable   application fee and by a license fee. The commission shall return   the license fee if the application is denied.          (d)  The application must contain:                (1)  the name and location of the outpatient behavioral   health center;                (2)  the name and address of the physician to be in   charge of the treatment of patients;                (3)  the name and address of the outpatient behavioral   health center owners, including the officers, directors, and   principal stockholders if the owner is a corporation or other   association;                (4)  the number, duties, and qualifications of the   professional staff;                (5)  a description of the equipment and facilities of   the outpatient behavioral health center; and                (6)  other information required by the commission,   including affirmative evidence of ability to comply with the   commission's rules and standards.          (e)  The applicant must submit a plan of the outpatient   behavioral health center premises that describes the buildings and   grounds and the manner in which the various parts of the premises   are intended to be used.          (f)  Subsection (e) does not apply to an application   submitted for an outpatient behavioral health center that is in   operation on September 1, 2025. This subsection expires September   1, 2026.          Sec. 577B.053.  INVESTIGATION. The commission shall conduct   an investigation as considered necessary after receiving the   completed license application and the required fees.          Sec. 577B.054.  ISSUANCE AND RENEWAL OF LICENSE. (a) The   commission shall issue a license if the commission finds that the   premises are suitable and that the applicant is qualified to   operate an outpatient behavioral health center, in accordance with   the requirements and standards prescribed by law and the   commission.          (b)  A license issued to the applicant under this chapter:                (1)  is valid only for the premises described by the   license; and                (2)  is not transferable or assignable.          (c)  A license issued under this chapter expires on the   second anniversary of the date the license is issued or renewed.          (d)  The commission shall renew a license if:                (1)  the license holder submits to the commission a fee   established by the executive commissioner under Section 577B.055;   and                (2)  on inspection and investigation the commission   determines the license holder meets the requirements of this   chapter and commission rules.          Sec. 577B.055.  FEES. (a) The executive commissioner by   rule shall adopt fees for the application for a license and for the   renewal of a license in amounts reasonable and necessary to cover   the cost of administering this chapter.          (b)  All fees collected under this chapter shall be deposited   to the credit of the general revenue fund.   SUBCHAPTER C. REGULATION OF OUTPATIENT BEHAVIORAL HEALTH CENTERS          Sec. 577B.101.  MINIMUM STANDARDS. The executive   commissioner shall adopt minimum standards to ensure proper care   and treatment of patients in an outpatient behavioral health   center.   SUBCHAPTER D. ENFORCEMENT          Sec. 577B.151.  PENALTIES. A facility licensed under this   chapter is subject to a civil penalty under Section 571.023 or an   administrative penalty under Section 571.025, as applicable, for a   violation of this chapter or a rule adopted under this chapter.          SECTION 2.  Section 577.002(b), Health and Safety Code, is   amended to read as follows:          (b)  This chapter does not apply to:                (1)  a psychiatric residential youth treatment   facility certified under Chapter 577A; or                (2)  an outpatient behavioral health center licensed   under Chapter 577B.          SECTION 3.  Section 577A.002, Health and Safety Code, is   amended to read as follows:          Sec. 577A.002.  EXEMPTIONS. This chapter does not apply to:                (1)  a mental hospital; [or]                (2)  a private mental hospital or other mental health   facility licensed under Chapter 577; or                (3)  an outpatient behavioral health center licensed   under Chapter 577B.          SECTION 4.  (a)  As soon as practicable after the effective   date of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt rules necessary to implement   Chapter 577B, Health and Safety Code, as added by this Act.          (b)  Notwithstanding Chapter 577B, Health and Safety Code,   as added by this Act, an outpatient behavioral health center   described by that chapter is not required to be licensed under that   chapter until September 1, 2026.          SECTION 5.  This Act takes effect September 1, 2025.