BILL ANALYSIS

C.S.H.B. 19

By: Price

Public Health

Committee Report (Substituted)

BACKGROUND AND PURPOSE

It has been reported with concern that Texas public schools often lack a mental health professional as a resource for school district personnel. C.S.H.B. 19 seeks to address this concern by requiring appropriate local mental health authorities to employ a non-physician mental health professional in each of the state's 20 regional education service centers to serve as such a resource and as a training facilitator in certain relevant subject areas.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 19 amends the Education Code to require a local mental health authority to employ a non‑physician mental health professional to serve as a mental health and substance use resource for public school districts located in the region served by a regional education service center and in which the authority provides services. The bill provides for the designation of the authority required to employ such a mental health professional if two or more authorities provide services in a region served by an education service center.

C.S.H.B. 19 requires a local mental health authority that employs a non-physician mental health professional and the appropriate regional education service center to collaborate in carrying out the bill's provisions and authorizes the authority and the service center to enter into a memorandum of understanding for the administration of such collaboration. The bill sets out provisions relating to the working space, supervision, and duties of such a professional, including the duties of acting as a resource for district personnel in certain matters and facilitating training on certain topics. The bill prohibits such a professional from treating or providing counseling to a student or providing specific advice to district personnel regarding a student. The bill expressly does not require a district to participate in training provided by the professional or otherwise use the professional as a resource.

C.S.H.B. 19 requires a state agency to which money is appropriated to carry out the bill's provisions to ensure that the money is distributed equally among the local mental health authorities that employ and supervise non-physician mental health professionals. The bill requires each authority that employs and supervises such a professional, before the last business day of each calendar year, to prepare and submit a report regarding outcomes for districts and students to the Health and Human Services Commission (HHSC) and requires HHSC, not later than January 31 of the following calendar year, to compile the information submitted and prepare and submit a report to the lieutenant governor, the speaker of the house of representatives, and each standing committee of the legislature having primary jurisdiction over mental health and primary jurisdiction over public education.

EFFECTIVE DATE

September 1, 2019.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 19 differs from the original in minor or nonsubstantive ways by conforming to certain bill drafting conventions.