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A BILL TO BE ENTITLED
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AN ACT
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relating to a study on mental health professionals or mental health |
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response teams responding to a behavioral health-related emergency |
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call. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) In this Act: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Law enforcement agency" means an office, |
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department, or other division of a political subdivision that is |
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authorized to employ a law enforcement officer. |
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(3) "Law enforcement officer" means a municipal police |
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officer, sheriff, deputy sheriff, constable, deputy constable, |
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marshal, or deputy marshal. |
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(4) "Mental health professional" does not include a |
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law enforcement officer certified as a special officer for |
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offenders with mental impairments under Section 1701.404, |
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Occupations Code. |
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(5) "Mental health response team" includes: |
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(A) a mobile crisis outreach team; |
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(B) a mental health response model that serves as |
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an alternative to traditional law enforcement and employs mental |
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health professionals, whether connected to or independent of a law |
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enforcement agency; and |
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(C) a community mental health crisis call center. |
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(b) The commission shall conduct a study to evaluate the |
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availability, outcomes, and efficacy of using mental health |
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response teams and mental health professionals to assist in |
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reducing the number of incarcerations of persons with: |
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(1) mental illness; |
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(2) substance use disorders; or |
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(3) intellectual or developmental disabilities. |
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(c) In conducting the study, the commission shall evaluate |
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the types of behavioral health-related emergency calls or other |
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community interactions that have been safely resolved wholly or |
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partly by a mental health professional or mental health response |
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team. Emergency calls and community interactions evaluated under |
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this subsection include circumstances in which a mental health |
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professional or mental health response team responds to an |
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emergency call in person or by telephone and when a professional or |
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team responds to a behavioral health-related emergency call with a |
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law enforcement officer. A safely resolved situation includes: |
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(1) preventing the incarceration of the person |
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experiencing the behavioral health crisis; |
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(2) de-escalating the situation; and |
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(3) receiving positive feedback from the community. |
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(d) In conducting the study, the commission shall evaluate |
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community-based outcomes of behavioral health-related emergency |
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calls to which a mental health professional or a mental health |
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response team responds. A community-based outcome may include: |
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(1) prevention of persons with mental illness, |
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substance use disorders, or intellectual or developmental |
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disabilities from entering the criminal justice system; |
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(2) an increase in referrals to community resources or |
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treatment options for community members with mental illness or |
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substance use disorders; |
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(3) an increase in referrals described by Subdivision |
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(2) that result in responsive short-term treatment or long-term |
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case management; and |
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(4) an impact on the number of referrals to resources |
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in the community serving persons with intellectual or developmental |
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disabilities. |
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(e) The information described by Subsection (d) must be |
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disaggregated by age, race, ethnicity, gender, veteran status, |
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income level, and whether the person presented with a mental |
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illness, a substance use disorder, or an intellectual or |
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developmental disability. |
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(f) In conducting the study, the commission shall include an |
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assessment of whether the information suggests that municipalities |
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would benefit from mental health response teams assisting |
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traditional law enforcement officers in efforts to: |
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(1) reduce the incarceration rates of persons with |
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mental illness, substance use disorders, or intellectual or |
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developmental disabilities; |
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(2) increase the number of referrals to community |
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resources and treatment for persons described by Subdivision (1); |
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(3) reduce the use of force when responding to |
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emergency calls involving persons described by Subdivision (1); and |
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(4) gain understanding about persons described by |
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Subdivision (1). |
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(g) In conducting the study, the commission shall evaluate |
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the fiscal and staffing implications of a law enforcement agency |
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using a mental health response team to respond remotely to |
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emergency calls. |
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(h) In conducting the study, the commission shall evaluate |
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the impact of the following funding sources on establishing mental |
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health response teams across this state, particularly the impact on |
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the staffing and maintenance of those teams: |
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(1) funding from a waiver under Section 1115 of the |
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Social Security Act (42 U.S.C. Section 1315); |
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(2) money allocated by Chapter 528 (S.B. 292), Acts of |
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the 85th Legislature, Regular Session, 2017; or |
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(3) funding implemented by municipalities. |
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(i) The commission shall gather information for the study |
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from: |
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(1) each county in this state; |
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(2) each local mental health authority in this state; |
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and |
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(3) each municipality in this state with a population |
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greater than 100,000. |
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(j) Unless a law enforcement agency has not used mental |
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health response teams or mental health professionals for two years |
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or more, information collected for the study must include at least |
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two years of information regarding the use of mental health |
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response teams by the law enforcement agency. |
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(k) Not later than December 1, 2024, the commission shall |
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prepare and submit to the governor and the legislature a written |
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report containing the results of the study and any recommendations |
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for legislative or other action, including any additional insights |
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about the operation and outcomes of mental health response teams |
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that the commission considers significant. The commission shall |
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post the report on the commission's Internet website. |
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SECTION 2. This Act expires September 1, 2025. |
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SECTION 3. This Act takes effect September 1, 2023. |