88R8554 MPF-F
 
  By: Menéndez S.B. No. 2452
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of behavioral health crisis services,
  including the establishment of crisis centers and mobile crisis
  teams; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 531, Government Code, is amended by
  adding Subchapter P to read as follows:
  SUBCHAPTER P. BEHAVIORAL HEALTH CRISIS SERVICES
         Sec. 531.601.  DEFINITIONS. In this subchapter:
               (1)  "Crisis center" means a state-designated 988
  Suicide & Crisis Lifeline center participating in the National
  Suicide Prevention Lifeline network to respond to statewide or
  regional communications.
               (2)  "Mobile crisis team" means a regionally located
  multidisciplinary response behavioral health team.
         Sec. 531.602.  988 SUICIDE AND CRISIS LIFELINE ADVISORY
  COMMITTEE. (a) The 988 suicide and crisis lifeline advisory
  committee is established to advise the commission and make
  recommendations regarding implementing a state-designated 988
  suicide and crisis lifeline.
         (b)  The advisory committee is composed of representatives
  of the following:
               (1)  a crisis center;
               (2)  a 9-1-1 call center;
               (3)  a local mental health authority;
               (4)  the Department of Public Safety of the State of
  Texas;
               (5)  a hospital emergency department;
               (6)  a state court;
               (7)  an individual or family member or caregiver of an
  individual who has lived experience with suicide prevention or
  usage of behavioral health crisis services; and
               (8)  a behavioral health crisis service provider.
         (c)  The executive commissioner shall appoint members to the
  advisory committee.
         Sec. 531.603.  ESTABLISHMENT OF CRISIS CENTERS AND MOBILE
  CRISIS TEAMS. (a) The commission shall establish:
               (1)  at least one crisis center to provide crisis
  stabilization services to individuals in this state who are
  accessing the 988 Suicide & Crisis Lifeline; and
               (2)  mobile crisis teams to respond to behavioral
  health crises and provide crisis stabilization services.
         (b)  In establishing a crisis center, the executive
  commissioner shall adopt rules to allow information sharing and
  communication between a crisis center and a mobile crisis team to
  enhance crisis care coordination.
         (c)  In establishing a mobile crisis team, the commission
  must:
               (1)  design the team in partnership with members of the
  community to be served, including people with lived experience
  using crisis services;
               (2)  staff the team with personnel who reflect the
  demographics of the community served; and
               (3)  require the team to collect customer service data
  from individuals served by the team.
         Sec. 531.604.  CRISIS CENTER POWERS AND DUTIES. (a)  A
  crisis center established by the commission shall:
               (1)  contract with the 988 Suicide & Crisis Lifeline;
               (2)  satisfy the requirements of and best practices
  identified by the 988 Suicide & Crisis Lifeline; 
               (3)  provide and report any applicable data;
               (4)  be equipped to deploy a mobile crisis team;
               (5)  satisfy the requirements for serving at-risk and
  specialized populations as identified by the Substance Abuse and
  Mental Health Services Administration;
               (6)  provide linguistically and culturally competent
  care, including by requiring training and providing policies for
  transferring a crisis center caller to an appropriate specialized
  center within the 988 Suicide & Crisis Lifeline network; and
               (7)  provide follow-up services to individuals who call
  the crisis center.
         (b)  The executive commissioner shall adopt rules to allow
  appropriate information sharing and communication across crisis
  response systems and emergency response systems to provide
  real-time crisis care coordination.
         Sec. 531.605.  SERVING AT-RISK AND SPECIALIZED POPULATIONS.
  A crisis center shall serve at-risk and specialized populations as
  identified by the Substance Abuse and Mental Health Services
  Administration.  The populations served must include the LGBTQ
  community, youth, minorities, individuals residing in rural areas,
  veterans, American Indians, Alaska Natives, and individuals with
  co-occurring substance use disorder and mental illness.
         Sec. 531.606.  CRISIS CARE COORDINATION. (a) The
  commission shall ensure that an individual who contacts a crises
  center is provided ongoing care through active collaboration and
  coordination of services among crisis centers and mental health and
  substance use disorder treatment providers, community mental
  health centers, certified community behavioral health clinics,
  community behavioral health centers, mobile crisis teams, hospital
  emergency departments, and inpatient psychiatric settings.
         (b)  The commission may contract with the entities listed
  under Subsection (a) to ensure the coordination of services.
         Sec. 531.607.  988 SUICIDE AND CRISIS LIFELINE TRUST FUND.
  (a)  The 988 suicide and crisis lifeline trust fund is established
  as a trust fund to be held by the comptroller outside the state
  treasury and administered by the commission.
         (b)  The trust fund consists of:
               (1)  revenue derived from the fee described by Section
  531.608;
               (2)  legislative appropriations of money for the
  purposes of this subchapter;
               (3)  available federal funding this state allocates for
  the purposes of the 988 Suicide & Crisis Lifeline;
               (4)  gifts, grants, and donations received by this
  state for the purposes of the trust fund;
               (5)  interest, dividends, and other income of the trust
  fund; and
               (6)  money from any other source that is deposited in or
  transferred to the trust fund.
         (c)  Money deposited in the trust fund may only be used to:
               (1)  implement, maintain, or improve the 988 Suicide &
  Crisis Lifeline, including personnel and technological
  infrastructure improvements necessary to achieve operational and
  clinical standards and best practices as provided by the National
  Suicide Prevention Lifeline;
               (2)  provide funding for crisis outreach and
  stabilization services by directly responding to the 988 Suicide &
  Crisis Lifeline;
               (3)  provide funding for uninsured individuals
  receiving crisis and stabilization services;
               (4)  provide personnel for crisis centers and mobile
  crisis teams; 
               (5)  fund data provision, reporting, participation in
  evaluations, and other related quality improvement activities; and
               (6)  administer, oversee, and evaluate the trust fund.
         (d)  The state may not transfer or use trust fund assets for
  any purpose other than the uses provided in this subchapter.
         (e)  The executive commissioner shall submit an annual
  report to the legislature and the Federal Communications Commission
  detailing the trust fund deposits and expenditures in the preceding
  year.
         Sec. 531.608.  988 SUICIDE AND CRISIS LIFELINE FEE. (a)  The
  commission may impose a 988 suicide and crisis lifeline service fee
  to supplement any federal, state, or local funding for suicide
  prevention or behavioral health crisis services on each:
               (1)  local exchange access line or equivalent local
  exchange access line, not including public telephone equipment
  operated by coin or by card reader;
               (2)  wireless telecommunications connection;
               (3)  Voice over Internet Protocol service connection;
  and
               (4)  purchase of a prepaid wireless telecommunications
  service by any method.
         (b)  The executive commissioner by rule shall set the fee in
  an amount sufficient to cover the costs of creating, operating, and
  maintaining the suicide prevention services provided under this
  subchapter, according to the national guidelines for crisis
  services. The commission shall periodically adjust the fee amount
  as necessary to provide for continuous operation, volume increases,
  and maintenance.
         (c)  Revenue from the fee shall be deposited in the 988
  suicide and crisis lifeline trust fund established under Section
  531.607.
         (d)  A fee collected under this section may only be used to
  offset costs as provided by 47 U.S.C. Section 251a.
         (e)  Revenue from the fee may not be used for expenses that
  are: 
               (1)  reimbursable through Medicaid, Medicare, or
  another insurer or governmental program; or
               (2)  covered because the service recipient's name and
  health coverage information cannot be obtained or billed.
         (f)  The executive commissioner shall submit an annual
  report to the legislature and the Federal Communications Commission
  detailing the revenue generated by the fee in the preceding year.
         Sec. 531.609.  ANNUAL REPORT. (a)  The commission shall
  prepare an annual report of the usage of crisis centers and the
  services provided by the centers.
         (b)  The commission shall present the annual report to the
  legislature and the Substance Abuse and Mental Health Services
  Administration.
         SECTION 2.  This Act takes effect September 1, 2023.