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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment and administration of Health and |
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Human Services Commission programs providing mental health |
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services to certain individuals in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.0991, Government Code, is amended by |
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adding Subsection (e-1) to read as follows: |
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(e-1) If the commission is appropriated money to implement |
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this section for a state fiscal year in an amount that exceeds the |
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total amount of grants awarded under this section in the previous |
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state fiscal year, the commission, in selecting grant recipients |
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for the excess amount, must accept applications or proposals from |
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applicants that were not selected as grant recipients under this |
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section in the previous state fiscal year or applicants that were |
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selected as grant recipients but require additional funding for the |
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recipient's community mental health program for purposes of this |
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section. |
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SECTION 2. Section 531.0993, Government Code, is amended by |
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adding Subsections (d-1) and (d-2) to read as follows: |
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(d-1) The commission shall establish procedures to assist a |
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community collaborative that includes a county with a population of |
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less than 250,000 with submission of a petition under Subsection |
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(d). |
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(d-2) If the commission is appropriated money to implement |
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this section for a state fiscal year in an amount that exceeds the |
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total amount of grants awarded under this section in the previous |
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state fiscal year, the commission, in selecting grant recipients |
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for the excess amount, must accept petitions from community |
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collaboratives that were not selected as grant recipients under |
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this section in the previous state fiscal year or collaboratives |
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that were selected as grant recipients in the previous state fiscal |
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year but require additional funding for the recipient's |
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collaborative for purposes of this section. |
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SECTION 3. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.09936 to read as follows: |
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Sec. 531.09936. ESTABLISHMENT OR EXPANSION OF REGIONAL |
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BEHAVIORAL HEALTH CENTERS OR JAIL DIVERSION CENTERS. (a) In this |
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section: |
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(1) "Local mental health authority" has the meaning |
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assigned by Section 531.002, Health and Safety Code. |
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(2) "Nonprofit organization" means an organization |
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that is exempt from federal income taxation under Section 501(a), |
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Internal Revenue Code of 1986, by being listed as an exempt entity |
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under Section 501(c)(3) of that code. |
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(b) To the extent money is appropriated to the commission |
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for that purpose, the commission, in cooperation with local mental |
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health authorities located primarily in rural areas of this state, |
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shall contract with nonprofit organizations to establish or expand |
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behavioral health centers or jail diversion centers in the |
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authorities' local service areas to: |
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(1) provide additional forensic hospital beds and |
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competency restoration services; |
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(2) provide inpatient and outpatient mental health |
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services to adults and children; and |
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(3) provide services to reduce recidivism and the |
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frequency of arrest, incarceration, and emergency detentions among |
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persons with mental illness in the service areas. |
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(c) The executive commissioner shall develop criteria for |
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the evaluation of applications or proposals submitted by a |
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nonprofit organization seeking to contract with the commission |
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under this section. |
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(d) This section may not be construed to affect a grant |
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program established by the commission under this code. |
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SECTION 4. (a) The state auditor's office shall conduct an |
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audit of the inmates in county jails who are waiting for a forensic |
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hospital bed for the provision of competency restoration services. |
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The audit must identify any issues and inefficiencies in the |
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commitment process. |
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(b) Not later than December 1, 2024, the state auditor shall |
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prepare a report of the audit conducted under Subsection (a) of this |
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section and publish the report on the state auditor's Internet |
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website. The report must include: |
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(1) a review of the history and status of the waitlist |
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beginning September 2018 through the most current year for which |
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information is available; |
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(2) any disparities in treatment in the forensic |
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commitment process based on race, gender, ethnicity, or age; and |
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(3) any other analysis the state auditor determines |
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appropriate. |
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(c) This section expires September 1, 2025. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement |
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Sections 531.0993(d-1) and 531.09936, Government Code, as added by |
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this Act. |
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SECTION 6. This Act takes effect September 1, 2023. |