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Beaumont State Center v. Kozlowski

Texas Health and Safety Code '321.003 is not limited in its application exclusively to private mental health and mental retardation facilities, or to facilities that do not provide services solely to the mentally retarded.

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OPINION

This is an interlocutory appeal pursuant to Tex. Civ. Prac. & Rem. Code Ann. � 51.014(a)(8) (Vernon Supp. 2002). Beaumont State Center (appellant) contends the trial court erred in denying its Plea to the Jurisdiction and Motion to Dismiss. Appellee’s second amended original petition alleges that various negligent acts and omissions on appellant’s part were the proximate cause of his injuries and damages. Appellee’s cause of action is based upon alleged violations of 25 Tex. Admin. Code �� 404.154-404.155 (2001), and of Chapter 321 of the Texas Health and Safety Code, Tex. Health & Safety Code Ann. �� 321.001- 321.004 (Vernon 2001). *fn1 In a case essentially involving the identical issue, we affirmed the trial court’s denial of the governmental entity’s plea to the jurisdiction. See Spindletop MHMR v. Doe, 54 S.W.3d 893, 897 (Tex. App.–Beaumont 2001, pet. filed). We re- affirm our holdings in Spindletop and find them fully applicable to the issues raised in the instant case. We write further only to address two arguments not fully raised in Spindletop.

Contained in the excellent brief filed by appellant are two points not fully before us in Spindletop. The first, located within the first appellate issue, essentially contends that the legislative history of Chapter 321 indicates the statute was intended to be applicable to private mental health facilities only. Appellant’s brief contains a copy of the bill analysis of Senate Bill (S.B.) 205, the bill that included, inter alia, the provisions of Chapter 321. Under the descriptive heading “BACKGROUND,” the following paragraphs appear:

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