By: Price, et al. (Senate Sponsor - Watson) H.B. No. 19
         (In the Senate - Received from the House April 16, 2019;
  April 17, 2019, read first time and referred to Committee on Health &
  Human Services; May 15, 2019, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  May 15, 2019, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 19 By:  Perry
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to mental health and substance use resources for certain
  school districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 8, Education Code, is amended by adding
  Subchapter E to read as follows:
  SUBCHAPTER E. MENTAL HEALTH AND SUBSTANCE USE RESOURCES FOR
  SCHOOL DISTRICT PERSONNEL
         Sec. 8.151.  DEFINITIONS. In this subchapter, "local mental
  health authority" and "non-physician mental health professional"
  have the meanings assigned by Section 571.003, Health and Safety
  Code.
         Sec. 8.152.  EMPLOYMENT OF NON-PHYSICIAN MENTAL HEALTH
  PROFESSIONAL AS MENTAL HEALTH AND SUBSTANCE USE RESOURCE. (a) A
  local mental health authority shall employ a non-physician mental
  health professional to serve as a mental health and substance use
  resource for school districts located in the region served by a
  regional education service center and in which the local mental
  health authority provides services.
         (b)  If two or more local mental health authorities provide
  services in a region served by a regional education service center,
  the local mental health authority that primarily operates in the
  county in which the center is located shall:
               (1)  employ the non-physician mental health
  professional;
               (2)  in making a hiring decision, consult with other
  local mental health authorities providing services in that region;
  and
               (3)  before making the final hiring decision, consult
  with the center.
         Sec. 8.153.  INTERAGENCY COLLABORATION; MEMORANDUM OF
  UNDERSTANDING. (a) A local mental health authority that employs a
  non-physician mental health professional under Section 8.152 and
  the regional education service center shall collaborate in carrying
  out this subchapter.
         (b)  Each regional education service center shall provide
  for a non-physician mental health professional employed for the
  region served by the center with a space for the professional to
  carry out the professional's duties under Section 8.155. The local
  mental health authority that employs the professional shall pay the
  center a reasonable, negotiated cost-recovery fee for providing the
  space and administrative support as outlined in the memorandum of
  understanding entered into under Subsection (c).  The cost-recovery
  fee may not exceed $15,000 per year unless the local mental health
  authority and center agree to a higher amount.
         (c)  A local mental health authority and a regional education
  service center shall enter into a memorandum of understanding for
  the administration of this section.
         Sec. 8.154.  SUPERVISION OF NON-PHYSICIAN MENTAL HEALTH
  PROFESSIONAL. A local mental health authority that employs a
  non-physician mental health professional under Section 8.152
  shall:
               (1)  supervise the professional in carrying out the
  professional's duties under Section 8.155; and
               (2)  consult with any other local mental health
  authorities in the region and the regional education service center
  for input on supervising the professional.
         Sec. 8.155.  DUTIES OF NON-PHYSICIAN MENTAL HEALTH
  PROFESSIONAL. (a) A non-physician mental health professional
  employed under Section 8.152 shall, to the greatest extent
  possible, work collaboratively with the regional education service
  center and shall act as a resource for the center and school
  district personnel by:
               (1)  helping personnel gain awareness and a better
  understanding of mental health and co-occurring mental health and
  substance use disorders;
               (2)  assisting personnel to implement initiatives
  related to mental health or substance use under state law or agency
  rules, interagency memorandums of understanding, and related
  programs;
               (3)  ensuring personnel are aware of:
                     (A)  the list of recommended best practice-based
  programs and research-based practices developed under Section
  161.325, Health and Safety Code;
                     (B)  other public and private mental health and
  substance use prevention, treatment, and recovery programs
  available in the school district, including evidence-based
  programs provided by a local mental health authority and other
  public or private mental health providers; and
                     (C)  other available public and private mental
  health and substance use prevention, treatment, and recovery
  program resources administered by the local mental health authority
  or the Health and Human Services Commission to support school
  districts, students, and families;
               (4)  on a monthly basis, facilitating mental health
  first aid training;
               (5)  on a monthly basis, facilitating training
  regarding the effects of grief and trauma and providing support to
  children with intellectual or developmental disabilities who
  suffer from grief or trauma; and
               (6)  on a monthly basis, facilitating training on
  prevention and intervention programs that have been shown to be
  effective in helping students cope with pressures to:
                     (A)  use alcohol, cigarettes, or illegal drugs; or
                     (B)  misuse prescription drugs.
         (b)  A non-physician mental health professional employed
  under Section 8.152 may not treat or provide counseling to a student
  or provide specific advice to school district personnel regarding a
  student.
         Sec. 8.156.  PARTICIPATION BY SCHOOL DISTRICT NOT REQUIRED.
  This subchapter does not require a school district to participate
  in training provided by a non-physician mental health professional
  or otherwise use the professional as a resource.
         Sec. 8.157.  DISTRIBUTION OF FUNDING. A state agency to
  which money is appropriated to carry out this subchapter shall
  ensure that the money is distributed equally among the local mental
  health authorities that employ and supervise non-physician mental
  health professionals under this subchapter.
         Sec. 8.158.  REPORT. (a)  Before the last business day of
  each calendar year, each local mental health authority that employs
  and supervises a non-physician mental health professional under
  this subchapter shall prepare and submit a report to the Health and
  Human Services Commission regarding the outcomes for school
  districts and students resulting from services provided by the
  non-physician mental health professional.
         (b)  Not later than January 31 of the following calendar
  year, the Health and Human Services Commission shall compile the
  information submitted under this section and prepare and submit a
  report to the lieutenant governor, the speaker of the house of
  representatives, each standing committee of the legislature having
  primary jurisdiction over mental health, each standing committee of
  the legislature having primary jurisdiction over public education,
  and the agency.  Before submitting the report under this
  subsection, the commission shall provide the agency a reasonable
  opportunity to review and provide input on the contents of the
  report.
         SECTION 2.  A local mental health authority is required to
  implement a provision of this Act only if the legislature
  appropriates money specifically for that purpose.  If the
  legislature does not appropriate money specifically for that
  purpose, a local mental health authority may, but is not required
  to, implement a provision of this Act using other appropriations
  available for that purpose.
         SECTION 3.  This Act takes effect September 1, 2019.
 
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