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A BILL TO BE ENTITLED
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AN ACT
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relating to county jails and community mental health programs in |
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certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 511.009(a)(23)(A), Government Code, is |
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amended to read as follows: |
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(A) give prisoners the ability to access a mental |
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health professional at the jail or through a telemental health |
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service 24 hours a day or, |
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if a mental health professional is not at |
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the county jail at the time, then require the jail to use all |
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reasonable efforts to arrange for the inmate to have access to a |
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mental health professional within a reasonable time; |
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SECTION 2. Section 511.011, Government Code, is amended to |
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read as follows: |
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Sec. 511.011. REPORT ON NONCOMPLIANCE. (a) If the |
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commission finds that a county jail does not comply with state law, |
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including Chapter 89, Health and Safety Code, or the rules, |
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standards, or procedures of the commission, it shall report the |
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noncompliance to the county commissioners and sheriff of the county |
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responsible for the county jail and shall send a copy of the report |
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to the governor. |
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(b) If a notice of non-compliance is issued to a facility |
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operated by a private entity under the provisions of Local |
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Government Code 351.101 or 361.061, the compliance status of the |
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facility shall be reviewed at the next meeting of the Commission on |
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Jail Standards. |
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SECTION 3. Chapter 511.019(d), Government Code, is amended |
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to read as follows: |
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(d) The commission by rule may establish a grant program to |
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provide grants to counties to fund capital improvements described |
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by Subsection (c). The commission may only provide a grant to a |
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county for capital improvements to a county jail with a capacity of |
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not more than 288 [96] prisoners. |
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SECTION 4. Section 539.002, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) Except as provided by Subsection (c), the [The] |
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department shall require each entity awarded a grant under this |
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section to: |
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(1) leverage additional funding or in-kind |
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contributions from private sources in an amount that is at least |
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equal to the amount of the grant awarded under this section; |
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(2) provide evidence of significant coordination and |
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collaboration between the entity, local mental health authorities, |
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municipalities, local law enforcement agencies, and other |
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community stakeholders in establishing or expanding a community |
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collaborative funded by a grant awarded under this section; and |
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(3) provide evidence of a local law enforcement policy |
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to divert appropriate persons from jails or other detention |
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facilities to an entity affiliated with a community collaborative |
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for the purpose of providing services to those persons. |
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(c) The department may award a grant under this chapter to |
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an entity for the purpose of establishing a community mental health |
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program in a county with a population of less than 250,000, if the |
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entity leverages additional funding from private sources in an |
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amount equal to one-quarter of the amount of the grant to be awarded |
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under this section, and the entity otherwise meets the requirements |
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of Subsections (b)(2) and (3). |
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SECTION 5. Section 1701.310(b), Occupations Code, is |
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amended to read as follows: |
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(b) A county jailer appointed on a temporary basis who does |
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not satisfactorily complete the preparatory training program |
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before the first anniversary of the date that the person is |
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appointed shall be removed from the position. A county jailer |
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appointed on a temporary basis shall be enrolled in the preparatory |
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training program on or before the 90th day after their temporary |
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appointment. A temporary appointment may not be renewed[, except
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that not earlier than the first anniversary of the date that a
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person is removed under this subsection, the sheriff may petition
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the commission for reinstatement of the person to a temporary
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appointment]. |
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SECTION 6. Section 1701.310(f), Occupations Code, is added |
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to read as follows: |
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(f) a county jailer appointed on a temporary basis may not |
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be promoted to a supervisory position in a county jail. |
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SECTION 7. Not later than January 1, 2020, the Commission on |
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Jail Standards shall update rules and procedures as necessary to |
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comply with Section 511.009(a)(23), Government Code, as amended by |
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this Act. |
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SECTION 8. This Act takes effect September 1, 2019. |