| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the administration of funding for the coordination of |
|
|
mental health, substance use, and public health care services in |
|
|
this state. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 403, Government Code, is amended by |
|
|
adding Subchapter T to read as follows: |
|
|
SUBCHAPTER T. MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC HEALTH |
|
|
INITIATIVES |
|
|
Sec. 403.601. DEFINITIONS. In this subchapter: |
|
|
(1) "Council" means the mental health, substance use, |
|
|
and public health initiative council established by Section |
|
|
403.602. |
|
|
(2) "Fund" means the mental health, substance use, and |
|
|
public health initiative trust fund established by Section 403.603. |
|
|
Sec. 403.602. MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC |
|
|
HEALTH INITIATIVE COUNCIL. (a) The mental health, substance use, |
|
|
and public health initiative council is established to ensure that |
|
|
money allocated to the mental health, substance use, and public |
|
|
health initiative trust fund is allocated fairly and spent to |
|
|
improve the coordination among mental health, substance use, and |
|
|
public health. |
|
|
(b) The council is composed of the following 12 members: |
|
|
(1) one member appointed by the governor who is a |
|
|
current or retired health care operations professional with 10 or |
|
|
more years of experience in matters of substance use, mental |
|
|
health, and public health; |
|
|
(2) one member appointed by the lieutenant governor |
|
|
who is a current or retired health care operations professional |
|
|
with 10 or more years of experience in matters of substance use, |
|
|
mental health, and public health; |
|
|
(3) one member appointed by the speaker of the house of |
|
|
representatives who is a current or retired health care operations |
|
|
professional with 10 or more years of experience in matters of |
|
|
substance use, mental health, and public health; |
|
|
(4) three members appointed by the executive |
|
|
commissioner of the Health and Human Services Commission who are |
|
|
from academia or the medical profession and have significant |
|
|
experience in matters of substance use, mental health, and public |
|
|
health; |
|
|
(5) five members appointed by the executive |
|
|
commissioner of the Health and Human Services Commission as |
|
|
follows: |
|
|
(A) one member who is a current or former |
|
|
employee of a rural hospital district; |
|
|
(B) one member who is a current or former |
|
|
employee of a local health authority; |
|
|
(C) one member who is a current or former |
|
|
employee of a federally qualified health center in this state; and |
|
|
(D) two members with at least 10 years of |
|
|
experience working with a health philanthropy nonprofit |
|
|
organization or foundation; and |
|
|
(6) the comptroller or the comptroller's designee. |
|
|
(c) The comptroller or the comptroller's designee serves as |
|
|
the presiding officer of the council and is a nonvoting member. |
|
|
(d) In making appointments under Subsection (b)(4), the |
|
|
executive commissioner of the Health and Human Services Commission |
|
|
shall appoint members from lists provided by the governing bodies |
|
|
of six rural counties and six rural municipalities selected by the |
|
|
executive commissioner with each list naming two qualified |
|
|
candidates with experience in substance use treatment, education, |
|
|
and research. |
|
|
(e) In making appointments under Subsection (b), the |
|
|
governor, lieutenant governor, and speaker of the house of |
|
|
representatives shall coordinate to ensure that the membership of |
|
|
the council reflects, to the extent possible, the ethnic and |
|
|
geographic diversity of this state. |
|
|
(f) The council is administratively attached to the |
|
|
Department of State Health Services. The Department of State Health |
|
|
Services shall provide the staff and facilities necessary to assist |
|
|
the council in performing its duties. |
|
|
(g) A decision by the council to award a grant under Section |
|
|
403.604 requires the unanimous approval of all members of the |
|
|
council. |
|
|
(h) The council is subject to Chapter 551. |
|
|
Sec. 403.603. MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC |
|
|
HEALTH INITIATIVE TRUST FUND. (a) The mental health, substance |
|
|
use, and public health initiative trust fund is a trust fund |
|
|
established outside the state treasury for the purposes of this |
|
|
subchapter. The fund is not a part of this state's general funds. |
|
|
(b) The fund is administered by the Texas Treasury |
|
|
Safekeeping Trust Company. The trust company may authorize money |
|
|
from the fund to be invested with money from the state treasury. |
|
|
The trust company may establish in the fund accounts to facilitate |
|
|
the administration of money in the fund. |
|
|
(c) The fund consists of: |
|
|
(1) an initial appropriation of money by the |
|
|
legislature to the fund as permanent principal for the fund; |
|
|
(2) any additional legislative appropriations of |
|
|
money for the purposes of the fund; |
|
|
(3) interest or other earnings on money credited to or |
|
|
allocable to the fund; and |
|
|
(4) money from gifts, grants, or donations to the |
|
|
fund. |
|
|
(d) The money initially appropriated by the legislature as |
|
|
permanent principal for the fund may not be used for any purpose |
|
|
other than to gain interest or other investment earnings. |
|
|
(e) Money in the fund gained as interest or other earnings |
|
|
on the investment of the permanent principal of the fund may be used |
|
|
only to: |
|
|
(1) provide grants in accordance with Section 403.604; |
|
|
and |
|
|
(2) pay the necessary and reasonable expenses of |
|
|
administering the fund. |
|
|
(f) In making investments of money in the fund, the Texas |
|
|
Treasury Safekeeping Trust Company shall exercise the judgment and |
|
|
care under the circumstances then prevailing that a person of |
|
|
ordinary prudence, discretion, and intelligence exercises in the |
|
|
management of the person's own affairs. |
|
|
(g) The Texas Treasury Safekeeping Trust Company may |
|
|
appoint one or more commercial banks, depository trust companies, |
|
|
or other similar entities to serve as the custodian of the fund. |
|
|
Sec. 403.604. ESTABLISHMENT OF GRANT PROGRAM. (a) The |
|
|
council shall establish a grant program to award grants for |
|
|
programs that improve the coordination between substance use, |
|
|
mental health, and public health care services in this state |
|
|
providing services to individuals with co-occurring mental health |
|
|
and substance use disorders. |
|
|
(b) A program funded through a grant awarded under this |
|
|
subchapter must improve the coordination between substance use, |
|
|
mental health, and public health care services in the state |
|
|
through: |
|
|
(1) evidence-based preventative or therapeutic |
|
|
measures, research, the implementation of new technology, data |
|
|
collection, education programs, or capital improvements; and |
|
|
(2) providing an efficient and cost-effective method |
|
|
that is directed to support the coordination of personnel, capital |
|
|
improvements, data interoperability, or long-term financial |
|
|
sustainability of the mental health care, substance use, and public |
|
|
health care providers. |
|
|
(c) Annually, the council shall establish procedures for |
|
|
submitting, accepting, and evaluating grant applications under |
|
|
this subchapter. |
|
|
(d) The council, in coordination with the statewide |
|
|
behavioral health coordinating council established under |
|
|
Subchapter M-1, Chapter 531, shall evaluate grant applications at |
|
|
least biennially. |
|
|
Sec. 403.605. REPORT. Not later than October 1 of each |
|
|
year, the Texas Treasury Safekeeping Trust Company shall submit a |
|
|
written report to the legislature detailing: |
|
|
(1) all expenditures made by the council during the |
|
|
preceding state fiscal year; and |
|
|
(2) any amount of money greater than the initial |
|
|
appropriation of permanent principal by the legislature that is |
|
|
held in the fund. |
|
|
Sec. 403.606. RULES. The council shall adopt rules to |
|
|
implement this subchapter. |
|
|
SECTION 2. As soon as practicable after the effective date |
|
|
of this Act, the executive commissioner of the Health and Human |
|
|
Services Commission, the governor, the lieutenant governor, and the |
|
|
speaker of the house of representatives shall appoint the members |
|
|
of the mental health, substance use, and public health initiative |
|
|
council as provided by Section 403.602, Government Code, as added |
|
|
by this Act. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2023. |