By: Thompson of Harris, et al. H.B. No. 10
        (Senate Sponsor - Kolkhorst)
         (In the Senate - Received from the House April 17, 2019;
  April 25, 2019, read first time and referred to Committee on Health &
  Human Services; May 13, 2019, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  May 13, 2019, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 10 By:  Powell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the creation of the Texas Mental and Behavioral Health
  Research Institute.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle E, Title 2, Health and Safety Code, is
  amended by adding Chapter 113A to read as follows:
  CHAPTER 113A. TEXAS MENTAL AND BEHAVIORAL HEALTH RESEARCH
  INSTITUTE
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 113A.0001.  DEFINITIONS. In this chapter:
               (1)  "Executive committee" means the executive
  committee of the institute.
               (2)  "Institute" means the Texas Mental and Behavioral
  Health Research Institute.
               (3)  "Oversight committee" means the oversight
  committee of the institute.
  SUBCHAPTER B. INSTITUTE
         Sec. 113A.0051.  ESTABLISHMENT; PURPOSE. The Texas Mental
  and Behavioral Health Research Institute is established to:
               (1)  leverage the expertise and capacity of the
  health-related institutions of higher education listed in Section
  113A.0052 to address urgent mental health challenges and improve
  the mental health care system in this state;
               (2)  enhance the state's ability to address mental
  health care needs through collaboration of the health-related
  institutions of higher education listed in Section 113A.0052; and
               (3)  create best practices, leadership, and vision for
  addressing child and adolescent behavioral health needs and to
  provide funding for researching behavioral health issues.
         Sec. 113A.0052.  COMPOSITION. The institute is composed of:
               (1)  the following health-related institutions of
  higher education:
                     (A)  Baylor College of Medicine;
                     (B)  The Texas A&M University System Health
  Science Center;
                     (C)  Texas Tech University Health Sciences
  Center;
                     (D)  Texas Tech University Health Sciences Center
  at El Paso;
                     (E)  University of North Texas Health Science
  Center at Fort Worth;
                     (F)  the Dell Medical School at The University of
  Texas at Austin;
                     (G)  The University of Texas M.D. Anderson Cancer
  Center;
                     (H)  The University of Texas Medical Branch at
  Galveston;
                     (I)  The University of Texas Health Science Center
  at Houston;
                     (J)  The University of Texas Health Science Center
  at San Antonio;
                     (K)  The University of Texas Rio Grande Valley
  School of Medicine;
                     (L)  The University of Texas Health Science Center
  at Tyler; and
                     (M)  The University of Texas Southwestern Medical
  Center;
               (2)  the commission;
               (3)  the Texas Higher Education Coordinating Board;
               (4)  three nonprofit organizations that focus on mental
  health care, designated by a majority of the members described by
  Subdivision (1); and
               (5)  any other entity that the executive committee
  considers necessary.
         Sec. 113A.0053.  ADMINISTRATIVE ATTACHMENT. The institute
  is administratively attached to the Texas Higher Education
  Coordinating Board and is funded solely by money appropriated to
  the coordinating board for the purposes of the institute. The
  coordinating board may use up to three percent of the institute's
  funds, as approved by the executive committee established under
  Section 113A.0101, for the purpose of providing administrative
  support to the institute.
  SUBCHAPTER C. EXECUTIVE COMMITTEE
         Sec. 113A.0101.  EXECUTIVE COMMITTEE; COMPOSITION. (a)  The
  institute is governed by an executive committee composed of the
  following members:
               (1)  the chair of the academic department of psychiatry
  of each of the health-related institutions of higher education
  listed in Section 113A.0052 or a licensed psychiatrist, including a
  child-adolescent psychiatrist, designated by the chair to serve in
  the chair's place;
               (2)  a representative of the commission with expertise
  in the delivery of mental health care services, appointed by the
  executive commissioner;
               (3)  a representative of the commission with expertise
  in mental health facilities, appointed by the executive
  commissioner;
               (4)  a representative of the Texas Higher Education
  Coordinating Board, appointed by the commissioner of the
  coordinating board;
               (5)  a representative of each nonprofit organization
  described by Section 113A.0052 that is part of the institute,
  designated by a majority of the members described by Subdivision
  (1);
               (6)  a representative of a hospital system in this
  state, designated by a majority of the members described by
  Subdivision (1); and
               (7)  any other representative designated:
                     (A)  under Subsection (b); or
                     (B)  by a majority of the members described by
  Subdivision (1) at the request of the executive committee.
         (b)  The president of each of the health-related
  institutions of higher education listed in Section 113A.0052 may
  designate a representative to serve on the executive committee.
         Sec. 113A.0102.  VACANCY. A vacancy on the executive
  committee shall be filled in the same manner as the original
  appointment.
         Sec. 113A.0103.  PRESIDING OFFICER. The executive committee
  shall elect a presiding officer from among the membership of the
  executive committee.
         Sec. 113A.0104.  STATEWIDE BEHAVIORAL HEALTH COORDINATING
  COUNCIL. The institute shall designate a member of the executive
  committee to represent the institute on the statewide behavioral
  health coordinating council.
         Sec. 113A.0105.  GENERAL DUTIES. The executive committee
  shall:
               (1)  coordinate the provision of funding to the
  health-related institutions of higher education listed in Section
  113A.0052 to carry out the purposes of this chapter;
               (2)  establish procedures and policies for the
  administration of funds under this chapter;
               (3)  monitor funding and agreements entered into under
  this chapter to ensure recipients of funding comply with the terms
  and conditions of the funding and agreements; and
               (4)  establish procedures to document compliance by
  executive committee members, oversight committee members, and
  staff with applicable laws governing conflicts of interest.
  SUBCHAPTER D. MENTAL HEALTH AND SUBSTANCE USE DISORDER RESEARCH
         Sec. 113A.0151.  POWERS AND DUTIES. (a) The executive
  committee shall coordinate with the statewide behavioral health
  coordinating council and other state entities to enhance mental
  health care and impact substance use disorder in this state through
  the health-related institutions of higher education listed in
  Section 113A.0052 by providing funding for:
               (1)  research efforts conducted by a health-related
  institution of higher education;
               (2)  the dissemination of best practice strategies by a
  health-related institution of higher education;
               (3)  the recruitment of researchers and clinicians to a
  health-related institution of higher education;
               (4)  the training of students, residents, and fellows
  in connection to a research effort conducted under this subchapter
  by a health-related institution of higher education, including
  education and training incidental to research to develop a
  workforce that specializes in psychiatric research, behavioral
  health, and clinical care; and
               (5)  clinical trials, studies, or other patient
  programs of a health-related institution of higher education that
  are approved by an institutional review board.
         (b)  The executive committee shall adopt rules as necessary
  to accomplish the purposes of Subsection (a).
         Sec. 113A.0152.  MENTAL HEALTH AND SUBSTANCE USE DISORDER
  RESEARCH PROGRAM. (a) The executive committee shall establish a
  mental health and substance use disorder research program to
  provide funding to the health-related institutions of higher
  education listed in Section 113A.0052 to:
               (1)  develop and implement a statewide research
  framework focused on preventing and treating mental health
  conditions and substance use disorders, including:
                     (A)  depression;
                     (B)  first episode psychosis;
                     (C)  bipolar disorder and schizophrenia; and
                     (D)  population health;
               (2)  collaborate with the commission, the Texas State
  Board of Pharmacy, and any other appropriate organization, agency,
  or professional board to complete comparative studies of
  prescribing practices for a mental health condition or substance
  use disorder outlined by the statewide research framework described
  by Subdivision (1);
               (3)  recruit mental health and substance use disorder
  researchers, other than researchers from a public, private, or
  independent institution of higher education in this state; and
               (4)  research or address any other mental health,
  substance use disorder, or addiction issue identified by the
  executive committee.
         (b)  The executive committee may include in the statewide
  research framework developed under Subsection (a)(1) any area of
  mental health or substance use disorder research, including
  research on:
               (1)  the root causes or mechanistic processes of a
  mental health condition;
               (2)  the impact of external forces on mental health and
  substance use disorders;
               (3)  the impact of physical health on mental health and
  substance use disorders;
               (4)  public health trends in mental health and
  substance use disorders;
               (5)  new treatments associated with mental health and
  substance use disorders;
               (6)  the utilization of psychotropic drugs on children;
               (7)  medical interventions associated with mental
  health and substance use disorders;
               (8)  non-pharmaceutical treatments associated with
  mental health and substance use disorders; and
               (9)  co-occurring mental health conditions in
  individuals with an intellectual or developmental disability.
         (c)  The executive committee shall establish a review
  process for the selection of research projects to fund under this
  section. The process must provide for the evaluation of research
  projects based on their alignment with the statewide behavioral
  health strategic plan and the statewide research framework
  described by Subsection (a)(1).
         (d)  The executive committee shall make funding
  recommendations to the oversight committee on research projects to
  fund under this section.
         (e)  A health-related institution of higher education listed
  in Section 113A.0052 may apply for funding under this section alone
  or in partnership with a state agency or other institution of higher
  education. The institute shall prioritize awarding funding under
  this section to an institution of higher education that applies in
  partnership with a state agency or other institution.  If an
  institution of higher education is awarded funding under this
  section, the institution may partner with any necessary entity or
  person to carry out the purpose for which the funding was awarded.
         (f)  Notwithstanding any other law, this subchapter,
  including any action taken under this section to develop or
  disseminate information or materials, does not create a civil or
  administrative cause of action or a civil or criminal liability and
  does not create a standard of care, obligation, or duty that
  provides the basis for a cause of action.
         (g)  Data on or personally identifying information of a
  person obtained under this subchapter is confidential and not
  subject to disclosure.
         Sec. 113A.0153.  OVERSIGHT COMMITTEE. (a) The Texas Mental
  and Behavioral Health Research Institute Oversight Committee is
  created to make final decisions on all research proposals
  recommended by the executive committee for funding. The oversight
  committee shall adopt reasonable rules and procedures to ensure
  that final decisions are made in an unbiased and objective manner.
  The rules and procedures must require the oversight committee to
  approve funding for a research project unless the oversight
  committee determines that the project:
               (1)  has not been reviewed by the executive committee
  under Section 113A.0152(c); and
               (2)  does not align with the statewide behavioral
  health strategic plan and the statewide research framework
  described by Section 113A.0152(a)(1).
         (b)  The oversight committee is composed of 11 members with
  appropriate expertise in mental and behavioral health issues,
  appointed as follows:
               (1)  three members appointed by the governor;
               (2)  three members appointed by the lieutenant
  governor;
               (3)  three members appointed by the speaker of the
  house of representatives;
               (4)  one member appointed by the membership of the
  executive committee, who may be the presiding officer of the
  executive committee; and
               (5)  one member who represents the statewide behavioral
  health coordinating council, appointed by the governor.
         (c)  A vacancy on the oversight committee shall be filled in
  the same manner as the original appointment.
         (d)  The oversight committee shall elect a presiding officer
  from among the membership of the executive committee.
         Sec. 113A.0154.  CERTAIN RESEARCH PROHIBITED. The executive
  committee may not provide funding under this subchapter to an
  entity to conduct research that uses a hallucinogenic drug, an
  electroconvulsive therapy, a seizure-inducing therapy, or an
  electronic device to modify the mood, cognition, or behavior of
  children.
         Sec. 113A.0155.  CONSENT REQUIRED FOR SERVICES TO MINOR. A
  mental health evaluation, treatment, or service may not be provided
  under this subchapter to a child younger than 18 years of age
  without first obtaining the informed, written consent of the
  child's parent or legal guardian.
         Sec. 113A.0156.  PRIVACY OF INFORMATION. The institute
  shall ensure that research and evaluations are conducted and
  services are provided under this subchapter in a manner that
  complies with state and federal privacy laws, including laws
  related to patient confidentiality.
         Sec. 113A.0157.  COLLABORATION WITH HISTORICALLY BLACK
  COLLEGE OR UNIVERSITY. A health-related institution of higher
  education listed in Section 113A.0052 may contract with a
  historically black college or university in this state to
  collaborate with the institution in carrying out any part of this
  chapter.
  SUBCHAPTER E. MISCELLANEOUS PROVISIONS
         Sec. 113A.0201.  BIENNIAL REPORT. Not later than December 1
  of each even-numbered year, the institute shall prepare and submit
  to the governor, the lieutenant governor, the speaker of the house
  of representatives, and the standing committee of each house of the
  legislature with primary jurisdiction over behavioral health
  issues and post on its Internet website a written report:
               (1)  that outlines:
                     (A)  the activities and objectives of the
  institute;
                     (B)  the health-related institutions of higher
  education listed in Section 113A.0052 that receive funding from the
  executive committee; and
                     (C)  any legislative recommendations based on the
  activities and objectives described by Paragraph (A); and
               (2)  that includes:
                     (A)  the number of research proposals funded and
  the amount of funding awarded for each proposal for the reporting
  period;
                     (B)  information identifying each funding
  recipient for the reporting period;
                     (C)  a summary of the institute's administrative
  expenses;
                     (D)  an assessment of the availability of funding
  for mental health and substance use disorder research from sources
  other than the institute;
                     (E)  a summary of findings of research funded by
  the institute, including any promising new research areas;
                     (F)  an assessment of the relationship between the
  institute's funding and the overall strategy of its research
  program;
                     (G)  a statement of the institute's statewide
  research framework described by Section 113A.0152(a)(1); and
                     (H)  a list of any conflicts of interest under
  this chapter or rules adopted under this chapter that arose for the
  reporting period.
         Sec. 113A.0202.  APPROPRIATION CONTINGENCY. The institute,
  executive committee, and oversight committee are required to
  implement a provision of this chapter only if the legislature
  appropriates money specifically for that purpose. If the
  legislature does not appropriate money specifically for that
  purpose, the institute, executive committee, and oversight
  committee may, but are not required to, implement the provision
  using other money available to the institute for that purpose.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the appropriate appointing authority shall make the
  appointments and designations to the Texas Mental and Behavioral
  Health Research Institute as required by this Act.
         SECTION 3.  If the constitutional amendment proposed by the
  86th Legislature, Regular Session, 2019, providing for the
  dedication of certain sales and use tax revenue to the Texas mental
  and behavioral health research fund established to fund research,
  treatment, and substance use and addiction issues is approved by
  the voters, the Texas Mental and Behavioral Health Research
  Institute established by Chapter 113A, Health and Safety Code, as
  added by this Act, is eligible to receive funding through the
  proceeds of revenue for any activities conducted by the institute
  that serve the purposes of that constitutional provision.
         SECTION 4.  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, 2019.
 
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