By: Zaffirini S.B. No. 60
A BILL TO BE ENTITLED
AN ACT
relating to the provision of public mental health and related
services for certain children who need the services of more than one
agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. PROVISION OF SERVICES FOR CERTAIN CHILDREN WITH
MULTIAGENCY NEEDS. Chapter 531, Government Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. PROVISION OF SERVICES FOR CERTAIN CHILDREN
WITH MULTIAGENCY NEEDS
Sec. 531.401. DEFINITIONS. In this subchapter:
(1) "Children with severe emotional disturbances"
includes:
(A) children who are at risk of incarceration or
placement in a residential mental health facility;
(B) children for whom a court may appoint the
Department of Protective and Regulatory Services as managing
conservator;
(C) children who are students in a special
education program under Subchapter A, Chapter 29, Education Code;
and
(D) children who have a substance abuse disorder
or a developmental disability.
(2) "Systems of care agency" includes each health and
human services agency, the Health and Human Services Commission,
the Texas Council on Offenders with Mental Impairments, the Texas
Education Agency, the Texas Juvenile Probation Commission, and the
Texas Youth Commission.
(3) "Systems of care services" means a comprehensive
state system of mental health services and other necessary and
related services that is organized as a coordinated network to meet
the multiple and changing needs of children with severe emotional
disturbances and their families.
Sec. 531.402. EXECUTIVE COUNCIL MEMBERSHIP. (a) The
systems of care executive council is composed of 21 members as
described by this section.
(b) The commissioner of health and human services and the
commissioner of education serve as ex officio members. Service on
the systems of care executive council is an additional duty of the
positions of those commissioners. The ex officio members have
voting authority.
(c) The commissioner of health and human services shall
appoint 12 members, each of whom must be the administrative head of
a systems of care agency.
(d) The governor shall appoint two members, one of whom must
be appointed from a list of nominees submitted to the governor by
the speaker of the house of representatives. The governor may
reject one or more of the nominees on the list. If the governor
rejects all the nominees on the list, the speaker shall submit to
the governor a new list of different nominees.
(e) The lieutenant governor shall appoint one member.
(f) The commissioner of health and human services and the
commissioner of education, acting jointly, shall appoint the
following members:
(1) one member who must be a judge of a state juvenile
court;
(2) one member who must be a representative of a group
that advocates on behalf of children with severe emotional
disturbances;
(3) one member who must be a representative of a group
that advocates on behalf of family members of children with severe
emotional disturbances; and
(4) one member who must be a representative of a
community in which systems of care services are provided.
(g) The appointed members of the systems of care executive
council serve two-year terms expiring February 1 of each
odd-numbered year.
Sec. 531.403. EXECUTIVE COUNCIL OFFICERS; MEETINGS.
(a) The systems of care executive council shall elect from its
members a presiding officer, an assistant presiding officer, and
other officers the council considers necessary to perform the
council's duties. The assistant presiding officer shall preside
over meetings in the presiding officer's absence.
(b) The systems of care executive council shall meet at
least three times each year at the call of the presiding officer.
Sec. 531.404. EXECUTIVE COUNCIL DUTIES. The systems of
care executive council shall:
(1) review and take appropriate action on the plan
developed under Section 531.406 for expanding the provision of
systems of care services;
(2) approve and oversee the implementation of program
and fiscal policies developed by the systems of care policy team;
(3) review and take appropriate action on
recommendations that the policy team presents to the council;
(4) approve and oversee the actions of the policy
team;
(5) ensure that systems of care agencies have adequate
administrative support to provide systems of care services;
(6) oversee the distribution and use of funding for
systems of care services; and
(7) issue a biennial report to the governor, the
senate, and the house of representatives that includes:
(A) legislative proposals relating to systems of
care services; and
(B) an evaluation of the provision of systems of
care services.
Sec. 531.405. POLICY TEAM MEMBERSHIP AND OFFICERS;
MEETINGS. (a) The systems of care policy team is composed of the
following members who are appointed by the systems of care
executive council and serve at the will of the executive council:
(1) one or more members of the senior staff of each
systems of care agency;
(2) the judge of a juvenile or domestic relations
court;
(3) a representative of an organization whose
membership is composed primarily of persons representing county
governments; and
(4) one or more representatives of:
(A) an organization that supports families of
children with severe emotional disturbances;
(B) a private organization that provides
services to children with severe emotional disturbances;
(C) a group that advocates on behalf of children
with severe emotional disturbances and their families; and
(D) a community in which systems of care services
are provided.
(b) Each member of the systems of care policy team appointed
under Subsection (a)(4)(A) must also be a member of the family of a
child with a severe emotional disturbance.
(c) The systems of care policy team shall elect from its
members a presiding officer, an assistant presiding officer, and
other officers the policy team considers necessary to perform the
policy team's duties. The assistant presiding officer shall
preside over meetings in the presiding officer's absence.
(d) The systems of care policy team shall meet at least once
in each quarter of the calendar year at the call of the presiding
officer.
Sec. 531.406. POLICY TEAM DUTIES. (a) In this section,
"community resource coordination group" means a coordination group
established under the memorandum of understanding adopted under
Section 531.055, as added by Chapter 114, Acts of the 77th
Legislature, Regular Session, 2001.
(b) The systems of care policy team shall:
(1) develop a plan for expanding the provision of
systems of care services throughout this state, including a time
frame for the expansion of those services and provisions for
working with community resource coordination groups in
implementing the plan;
(2) develop policies for integrating the services
provided to children with severe emotional disturbances who need
the services of more than one systems of care agency;
(3) develop procedures for distributing and
monitoring the use of funds for systems of care services;
(4) develop methods for collecting, analyzing, and
reporting data that can be used by each systems of care agency to
evaluate systems of care services;
(5) develop methods that the systems of care executive
council and each systems of care agency can use to evaluate:
(A) the provision of systems of care services;
and
(B) the outcome of those services for the
children and families who receive them;
(6) make recommendations to the systems of care
executive council regarding policies, procedures, and methods
developed under this section;
(7) provide training for and technical assistance to
governmental entities involved in providing systems of care
services;
(8) establish work groups to study issues relating to
the implementation of this subchapter and the provision of systems
of care services and submit the recommendations of those groups to
the systems of care executive council;
(9) issue a biennial report to the systems of care
executive council that evaluates the provision of systems of care
services using the methods developed under this section and
includes:
(A) the number of children and families who
received systems of care services during the reporting period and
the outcome of those services for the children and families who
received them;
(B) recommendations for improving the
coordination of:
(i) funding for systems of care services;
and
(ii) the provision of services by systems
of care agencies;
(C) a description of any barriers to the ability
of a systems of care agency to provide effective systems of care
services and recommendations for overcoming those barriers; and
(D) any other information relevant to improving
the provision of services to children with severe emotional
disturbances who have multiagency needs; and
(10) perform other duties that the systems of care
executive council may assign.
(c) The actions of the systems of care policy team are
subject to approval by the systems of care executive council.
Sec. 531.407. MERGER OF TEXAS INTEGRATED FUNDING
INITIATIVE. (a) The systems of care policy team shall develop and
implement a plan to merge the duties of the consortium that oversees
the Texas Integrated Funding Initiative under Subchapter G, as
added by Chapter 446, Acts of the 76th Legislature, Regular
Session, 1999, with the duties of the policy team. The plan must
ensure that:
(1) the same population groups served under the Texas
Integrated Funding Initiative are served under this subchapter; and
(2) the availability and quality of services provided
to those population groups do not decrease.
(b) A reference in another statute to the consortium that
oversees the Texas Integrated Funding Initiative under Subchapter
G, as added by Chapter 446, Acts of the 76th Legislature, Regular
Session, 1999, includes within its meaning the systems of care
policy team established under this subchapter.
Sec. 531.408. ADMINISTRATIVE SUPPORT FROM COMMISSION. The
commission shall provide administrative support:
(1) to the systems of care executive council and
policy team to assist the executive council and policy team in
performing their duties; and
(2) where otherwise needed to fulfill the requirements
of this subchapter.
Sec. 531.409. REIMBURSEMENT FOR EXPENSES. (a) An
appointed member of the systems of care executive council or
systems of care policy team may not receive compensation for
service on the council or team but is entitled to reimbursement of
the travel expenses incurred by the member while conducting the
business of the council or team, as provided by the General
Appropriations Act.
(b) The reimbursement may be paid from:
(1) available funds of the systems of care agency with
which the member is employed or that the member represents, in the
case of a person whose membership on the council or team is a result
of being an employee or representative of that agency; or
(2) available funds of the commission, in the case of
other members of the council or team.
SECTION 2. FUNDING PLAN FOR PROVISION OF MULTIAGENCY
SERVICES. (a) The systems of care executive council created by
Section 531.402, Government Code, as added by this Act, shall
develop a plan for funding systems of care services established
under Subchapter K, Chapter 531, Government Code, as added by this
Act, using all available state and federal money, including money
used to fund a site participating in the Texas Integrated Funding
Initiative under Subchapter G, Chapter 531, Government Code, as
added by Chapter 446, Acts of the 76th Legislature, Regular
Session, 1999.
(b) The systems of care executive council shall report on
the plan to the legislature not later than September 1, 2004.
SECTION 3. INITIAL APPOINTEES TO EXECUTIVE COUNCIL. The
initial appointees to the systems of care executive council created
by Section 531.402, Government Code, as added by this Act, serve
terms expiring February 1, 2005.
SECTION 4. EFFECTIVE DATE. This Act takes effect September
1, 2003.