By: Coleman H.B. No. 4468
 
  Substitute the following for H.B. No. 4468:
 
  By:  Stickland C.S.H.B. No. 4468
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to county jails and community mental health programs in
  certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 511.009(a)(23)(A), Government Code, is
  amended to read as follows:
                     (A)  give prisoners the ability to access a mental
  health professional at the jail or through a telemental health
  service 24 hours a day or,
  if a mental health professional is not at
  the county jail at the time, then require the jail to use all
  reasonable efforts to arrange for the inmate to have access to a
  mental health professional within a reasonable time;
         SECTION 2.  Section 511.011, Government Code, is amended to
  read as follows:
         Sec. 511.011.  REPORT ON NONCOMPLIANCE. (a) If the
  commission finds that a county jail does not comply with state law,
  including Chapter 89, Health and Safety Code, or the rules,
  standards, or procedures of the commission, it shall report the
  noncompliance to the county commissioners and sheriff of the county
  responsible for the county jail and shall send a copy of the report
  to the governor.
         (b)  If a notice of non-compliance is issued to a facility
  operated by a private entity under the provisions of Local
  Government Code 351.101 or 361.061, the compliance status of the
  facility shall be reviewed at the next meeting of the Commission on
  Jail Standards.
         SECTION 3.  Chapter 511.019(d), Government Code, is amended
  to read as follows:
         (d)  The commission by rule may establish a grant program to
  provide grants to counties to fund capital improvements described
  by Subsection (c).  The commission may only provide a grant to a
  county for capital improvements to a county jail with a capacity of
  not more than 288 [96] prisoners.
         SECTION 4.  Section 539.002, Government Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  Except as provided by Subsection (c), the [The]
  department shall require each entity awarded a grant under this
  section to:
               (1)  leverage additional funding or in-kind
  contributions from private sources in an amount that is at least
  equal to the amount of the grant awarded under this section;
               (2)  provide evidence of significant coordination and
  collaboration between the entity, local mental health authorities,
  municipalities, local law enforcement agencies, and other
  community stakeholders in establishing or expanding a community
  collaborative funded by a grant awarded under this section; and
               (3)  provide evidence of a local law enforcement policy
  to divert appropriate persons from jails or other detention
  facilities to an entity affiliated with a community collaborative
  for the purpose of providing services to those persons.
         (c)  The department may award a grant under this chapter to
  an entity for the purpose of establishing a community mental health
  program in a county with a population of less than 250,000, if the
  entity leverages additional funding from private sources in an
  amount equal to one-quarter of the amount of the grant to be awarded
  under this section, and the entity otherwise meets the requirements
  of Subsections (b)(2) and (3).
         SECTION 5.  Section 1701.310(b), Occupations Code, is
  amended to read as follows:
         (b)  A county jailer appointed on a temporary basis who does
  not satisfactorily complete the preparatory training program
  before the first anniversary of the date that the person is
  appointed shall be removed from the position. A county jailer
  appointed on a temporary basis shall be enrolled in the preparatory
  training program on or before the 90th day after their temporary
  appointment.  A temporary appointment may not be renewed[, except
  that not earlier than the first anniversary of the date that a
  person is removed under this subsection, the sheriff may petition
  the commission for reinstatement of the person to a temporary
  appointment].
         SECTION 6.  Section 1701.310(f), Occupations Code, is added
  to read as follows:
         (f)  a county jailer appointed on a temporary basis may not
  be promoted to a supervisory position in a county jail.
         SECTION 7.  Not later than January 1, 2020, the Commission on
  Jail Standards shall update rules and procedures as necessary to
  comply with Section 511.009(a)(23), Government Code, as amended by
  this Act.
         SECTION 8.  This Act takes effect September 1, 2019.