By: Zaffirini, Blanco S.B. No. 1521

(In the Senate - Filed March 11, 2021; March 24, 2021, read first time and referred to Committee on Higher Education; April 22, 2021, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; April 22, 2021, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 1521 By: West

A BILL TO BE ENTITLED

AN ACT

relating to creating a mental health task force to study mental health services provided at institutions of higher education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.91931 to read as follows:

Sec. 51.91931. COLLABORATIVE TASK FORCE ON HIGHER EDUCATION MENTAL HEALTH SERVICES. (a) In this section:

(1) "Coordinating board" means the Texas Higher Education Coordinating Board.

(2) "Institution of higher education" has the meaning assigned by Section 61.003.

(3) "Task force" means the Collaborative Task Force on Higher Education Mental Health Services.

(b) The Collaborative Task Force on Higher Education Mental Health Services is established to study and evaluate mental health services provided at institutions of higher education directly to students enrolled at the institution. The task force shall:

(1) research the capacity of institutions of higher education to identify and address the mental health needs of students, including for each institution:

(A) performing an equity analysis of the provision of services at the institution, including analyzing the number of mental health providers on campus, the length of time a student must wait for an appointment, partner referrals, length of treatment, and the types of services provided;

(B) the mental health provider-to-student ratios;

(C) the number of community partnerships and referrals for inpatient or outpatient mental health treatment;

(D) the total amount of funds and the total amount of funds as a percentage of the institution's budget allocated to direct mental health support services;

(E) campus-wide needs assessment of mental health climate and student experiences accessing mental health care; and

(F) staff and faculty mental health training opportunities, such as mental health first aid and suicide prevention initiatives, as well as staff and faculty opportunities to receive mental health care;

(2) identify institutional, environmental, and social barriers that directly impact student mental health and well-being; and

(3) explore innovative and effective approaches to meeting the mental health needs of students, with specific focus on first generation college students, students of color, economically disadvantaged students, students who are parents, students of various sexual orientations, survivors of sexual assault, students who are immigrants, students who are or were previously in the conservatorship of the Department of Family and Protective Services, and students from rural communities, including:

(A) stigma reduction and awareness initiatives;

(B) peer support initiatives;

(C) action plans based on campus assessment;

(D) recruiting and retaining counseling staff of color;

(E) telehealth accessibility and expansion; and

(F) addressing trauma and cultivating resiliency.

(c) The task force is composed of:

(1) the commissioner of higher education or the commissioner's designee;

(2) the following additional members appointed by the commissioner of higher education:

(A) three students who are enrolled at an institution of higher education in this state, at least one of whom is enrolled in a certificate program or a junior college;

(B) two persons who provide mental health services at an institution of higher education and who are:

(i) a psychologist, as defined by Section 501.002, Occupations Code;

(ii) a licensed professional counselor, as defined by Section 503.002, Occupations Code; or

(iii) a licensed clinical social worker, as defined by Section 505.002, Occupations Code;

(C) one person who is a psychiatrist;

(D) two persons who are higher education administrators and who oversee the provision of mental health services at an institution of higher education;

(E) one person who is a member of a foundation that invests in mental health services provided at institutions of higher education;

(F) one person who is an employee of an institution of higher education designated under Subsection (k) or (l); and

(G) three people who are employees of nonprofit organizations that specialize in mental health for young adults or college students; and

(3) for any other entity the task force considers necessary, one person appointed by the task force for each such entity.

(d) Persons appointed to serve on the task force shall be selected to represent the racial, ethnic, and socioeconomic diversity of this state.

(e) Chapter 2110, Government Code, does not apply to the task force.

(f) The commissioner of higher education is designated as the interim presiding officer for purposes of calling and conducting the initial meeting of the task force.

(g) The task force:

(1) shall at its initial meeting select a presiding officer from among its members for the purpose of calling and conducting meetings; and

(2) may select an assistant presiding officer and a secretary from among its members.

(h) A member of the task force may not receive compensation or reimbursement for service on the task force.

(i) After its initial meeting, the task force shall meet at least twice each year at a time and place determined by the presiding officer. The task force may meet at other times the task force considers appropriate. The presiding officer may call a meeting on the presiding officer's own motion.

(j) The task force may meet by teleconference.

(k) The commissioner of higher education shall designate one institution of higher education with experience in evaluating mental health services to serve as the lead institution for the task force. The institution designated under this subsection shall provide faculty, staff, and administrative support services to the task force as determined necessary by the task force.

(l) The commissioner of higher education shall designate two institutions of higher education with experience in evaluating mental health services to assist the task force and the lead institution.

(m) In making a designation under Subsections (k) and (l), the commissioner of higher education shall give preference to at least one predominantly black institution, as defined by 20 U.S.C. Section 1067q(c)(9).

(n) The coordinating board shall maintain the data collected by the task force and the work product of the task force.

(o) The task force shall ensure that data gathered, information studied, and evaluations conducted under this section:

(1) are collected and maintained in compliance with federal law regarding confidentiality of student medical or educational information, including the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and any state law relating to the privacy of student or health information; and

(2) may not be shared with a federal agency or state agency, except as otherwise provided by law.

(p) The coordinating board may accept gifts, grants, or donations on behalf of the task force to carry out the task force's duties under this section.

(q) Not later than December 1, 2024, the task force shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the coordinating board a report of the results of the task force's activities conducted under this section and any recommendations for legislative or other action.

(r) The task force is abolished and this section expires September 1, 2025.

SECTION 2. This Act takes effect September 1, 2021.

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