The following words and terms when used in this subchapter have the following meanings, unless the context clearly indicates otherwise.
  (1) Budgeted amount--The amount of cash that may be disbursed to an individual at regular intervals, e.g., weekly or monthly for discretionary spending without obtaining a sales receipt for the expenditure.
  (2) CEO--The chief executive officer of a state mental health facility or a state mental retardation facility.
  (3) Commercial lease--A lease of real property to a private enterprise.
  (4) Competitive bid--A competitive process for determining the award of a lease, more particularly described in Texas Health and Safety Code, §533.084 and §533.087.
  (5) Department--The Texas Department of Mental Health and Mental Retardation (TDMHMR).
  (6) Facility--A state mental health facility (SMHF) or a state mental retardation facility (SMRF) operated by the TDMHMR.
  (7) Individual--A person receiving services from the Texas Department of Mental Health and Mental Retardation.
  (8) LAR (legally authorized representative)--A person authorized by law to act on behalf of an individual with regard to a matter described in this subchapter, and may include a parent, guardian, or managing conservator of a minor individual, a guardian of an adult individual, or a personal representative of a deceased individual.
  (9) Mental illness--An illness, disease, or condition (other than a sole diagnosis of epilepsy, senility, substance abuse or dependency, mental retardation, autism or pervasive developmental disorder) that:
    (A) substantially impairs an individual's thought, perception of reality, emotional process, or judgment; or
    (B) grossly impairs an individual's behavior as demonstrated by recent disturbed behavior.
  (10) Mental retardation--Subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating during the developmental period.
  (11) Material safety data sheet--The document provided by a manufacturer that describes a material's or part's chemical properties along with guidelines for proper use, storage, and disposal.
  (12) Non-commercial group--A group of people associated with an organization, e.g., civic, fraternal, religious, social, service, community, or public employee organization.
  (13) Pooled account--A trust fund account containing the personal funds of more than one individual.
  (14) Prevailing market rate--A reasonable estimate of the annual rent for a real property based upon its fair market value that reflects the real property's condition, location, and other salient factors.
  (15) Public benefit lease--A lease of non-surplus real property between the department and a federal or state agency, a unit of local government, a not-for-profit organization, or an entity that provides services to individuals and/or employees. Such a lease is determined or defined by the board as providing a public benefit.
  (16) Public employee organization--An organization that represents department staff in legislative, human resource, and related issues.
  (17) Sales receipt--A written statement issued by the seller that includes:
    (A) the date it was created; and
    (B) the cost of the item or service.
  (18) SMHF--A state mental health facility (e.g., state hospital).
  (19) SMRF--A state mental retardation facility (e.g., state school or state center).
  (20) Surplus property--Real property designated by the Texas Mental Health and Mental Retardation Board (board) as having minimal value to the present delivery system as described in the department's long-range plan.
  (21) Trust fund account--An account at a financial institution in the facility's control that contains personal funds.
  (22) Unauthorized departure that may have unusual consequences--The unauthorized departure of an individual that causes a reasonably prudent staff member who has knowledge of the person's condition to believe that harm or injury to the individual or to others may occur as a result of the unauthorized departure, e.g., the unauthorized departure of an individual who the treatment staff believes to be a danger to self or to others or the unauthorized departure of an individual who requires maintenance medication such as insulin.
  (23) Unclaimed personal funds or property--Personal funds or property managed by the facility that has not been disbursed to the individual or LAR within 30 calendar days after the individual's discharge, e.g., if an individual dies and staff are unable to find the LAR or heir to the estate.
  (24) Unidentified personal funds or property--Personal funds or property managed by the facility for which the facility cannot identify ownership.

Source Note: The provisions of this §417.4 adopted to be effective April 27, 2003, 28 TexReg 3347