Executive Order
RP 45
Relating to the implementation mental health and
mental retardation authority provider of last resort.
WHEREAS, The State of Texas is committed to providing the most effective
mental health, chemical dependency and mental retardation services to the
vulnerable Texans and their families who are eligible for these services;
and
WHEREAS, it is imperative that consumers and their families have a choice
from among the broadest range of services available so that these consumers
have the opportunity to enjoy full lives of independence, productivity and
self-determination; and
WHEREAS, it is imperative to ensure that the safety net of behavioral health
services and services to persons who have mental retardation be strengthened
and maintained, so that if a private provider of services does not operate
effectively, then the services will continue to be available; and
WHEREAS, it is imperative to ensure that services to persons in rural and
urban areas continue to be available; and
WHEREAS, it is imperative to ensure that input from both local leaders
and local stakeholders be included in the continued development of the system
of services for persons with mental illness, chemical dependency and persons
with mental retardation; and
WHEREAS, it is imperative to ensure that the implementation of the provider
of last resort provisions does not divert current funds away from the provision
of services to administrative functions, and that any plan be implemented
on a responsible timeline; and
WHEREAS, this action is in concert with previous Executive Orders which
require the state's system of services for individuals with disabilities be
comprehensive, community based, and provide for the broadest range of supports
to most effectively meet their needs;
NOW, THEREFORE, I, Rick Perry, Governor of Texas, by virtue of the power
and authority vested in me by the Constitution and laws of the State of Texas,
do hereby order the following:
Implementation Plan.
The Texas Health and
Human Services Commission ("HHSC") shall continue the implementation of Section
533.035 (e) through (g) of the Health and Safety Code as it relates to the
requirement that community mental health and mental retardation authorities
operate as providers of last resort. This process shall result in an implementation
plan, developed through a negotiated rulemaking process that includes all
relevant stakeholders. The plan shall ensure the following:
Protecting Consumer Choice:
Current laws
protecting the consumer's choice of provider shall be prioritized and upheld,
regardless of any imposed limitations developed within the plan;
Protecting the Safety Net:
The plan shall
ensure that mental health and mental retardation authorities maintain sufficient
infrastructure which reflects the needs of local communities in order to maintain
a safety net which ensures that services continue to be available.
Recognizing of Local Differences:
The plan
shall accommodate the differences within local service delivery areas, so
that the difference between rural and urban resources is recognized in the
determination of a reasonable attempt to ensure the appropriate availability
of a provider network.
Responsible timelines:
HHSC will develop
a timeline which is responsive to:
• the need for ensuring no disruption, to consumers, of their current
service provision,
• the local communities readiness, and
• the required need for a safety net.
Protection of Service Funds:
The HHSC implementation
plan will ensure that funds directed for service delivery are not diverted
for administrative purposes.
Mental Health Services:
The executive commissioner
of HHSC shall immediately request clarification from the Office of the Attorney
General as to the applicability of Section 533.035 (e) through (g) of the
Health and Safety Code to the provision of mental health services.
This executive order supersedes all previous orders in conflict or inconsistent
with its terms and shall remain in effect and in full force until modified,
amended, rescinded, or superseded by me or by a succeeding Governor.
Given under my hand this the 17th day of June, 2005.
Rick Perry, Governor
TRD-200502573
TO ALL TO WHOM THESE PRESENTS SHALL COME:
WHEREAS, education is the foundation for the economic and cultural future
of the state of Texas; and
WHEREAS, the constitutional responsibility for the development of an efficient
system of public education rests with the legislature; and
WHEREAS, Texas must maintain a system of school finance that ensures student
performance and accountability are the primary goals; and
WHEREAS, educational excellence requires that the state provide resources
to reward higher levels of student performance; and
WHEREAS, the state's system of accountability must include new measures
of financial accountability and transparency in budgeting; and
WHEREAS, the current state of public school finance requires immediate
action by the legislature to ensure the continued efficient and effective
operation of Texas schools; and
WHEREAS, the people have placed the constitutional power to call and convene
the legislature into special session in the hands of the Chief Executive Officer
of the State;
NOW, THEREFORE, I, RICK PERRY, GOVERNOR OF THE STATE OF TEXAS, by the authority
vested in me by Article IV, Section 8, of the Texas Constitution, do hereby
call an extraordinary session of the 79th Legislature, to be convened in the
city of Austin, commencing at noon on Tuesday the 21st day of June 2005, for
the following purposes:
To consider legislation that addresses educator compensation, benefits
and certification.
To consider legislation that provides for public school financial accountability
and that increases transparency in school district financial reporting.
To consider legislation that provides for performance-based incentives
to educators and schools that attain higher levels of student achievement.
To consider legislation that funds textbooks and that creates the instructional
materials allotment for public schools.
To consider legislation that provides for charter school funding and reform.
To consider legislation that provides for modifications to the recapture
provisions of the public school finance system.
To consider legislation that provides for November elections for public
school boards of trustees.
To consider legislation providing funding for the public school finance
system and the continuation of the Texas Education Agency.
To consider legislation providing for end-of-course examinations to be
used in public schools.
To consider legislation that provides for increased accountability and
intervention for schools failing to meet state standards.
To consider legislation that provides for local property tax rate compression
and voter approval of local property tax rates.
To consider legislation that establishes indicators of college readiness
and higher levels of student achievement in the public school accountability
system.
The Secretary of State will take notice of this action and will notify
the members of the Legislature of my action.
IN TESTIMONY WHEREOF, I have hereto signed my name and have officially
caused the Seal of State to be affixed at my Office in the City of Austin,
Texas, this the 18th day of June 2005.
Rick Perry, Governor
Attested by: Roger Williams, Secretary of State
TRD-200502572
Proclamation 41-2996