By: Thompson of Harris, Bonnen of Galveston, H.J.R. No. 5

Coleman, Phelan, Moody, et al.

A JOINT RESOLUTION

proposing a constitutional amendment 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 access to services in this state for behavioral health, mental health, and substance use and addiction issues.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article III, Texas Constitution, is amended by adding Section 68 to read as follows:

Sec. 68. The Texas mental and behavioral health research fund is established in the state treasury and consists of money transferred or deposited to the fund as provided by Section 7-c, Article VIII, of this constitution, appropriations made to the fund by the legislature, and all interest, dividends, and other income of the fund. Money from the fund may be used as provided by general law for the purpose of funding programs:

(1) to research behavioral health issues generally, including causes of behavioral health issues, public health trends and strategies regarding behavioral health issues, and new behavioral health treatments, interventions, and other solutions;

(2) to research substance use and addiction issues, including genetic determinates of addiction, identification of and mitigation of substance use and addiction risk factors, addiction recovery, pain management strategies, and prescription practices;

(3) to research behavioral health and mental health issues affecting children and adolescents, including unidentified and untreated mental illness, involvement in the juvenile justice system, and suicide prevention; and

(4) to address the shortage of mental health professionals in this state, including programs to increase access to mental health professionals in this state, programs to increase the use of telemedicine in the treatment of behavioral health or mental health issues, and programs to provide loan repayment assistance and other funding for mental health professionals, including physicians and advanced practice nurses trained in the prevention, diagnosis, and treatment of mental illness in children and adolescents.

SECTION 2. Section 7-c, Article VIII, Texas Constitution, is amended by adding Subsections (b-1) and (d-1) to read as follows:

(b-1) Subject to Subsection (d-1) of this section, in each state fiscal year, the comptroller of public accounts shall deposit to the credit of the Texas mental and behavioral health research fund $100 million of the net revenue derived from the imposition of the state sales and use tax on the sale, storage, use, or other consumption in this state of taxable items under Chapter 151, Tax Code, or its successor, that exceeds the amount of $30.5 billion of that revenue coming into the treasury in that state fiscal year.

(d-1) The legislature by adoption of a resolution approved by a record vote of two-thirds of the members of each house of the legislature may direct the comptroller of public accounts to reduce the amount of money deposited to the credit of the Texas mental and behavioral health research fund under Subsection (b-1) of this section. The comptroller may be directed to make that reduction only:

(1) in the state fiscal year in which the resolution is adopted, or in either of the following two state fiscal years; and

(2) by an amount or percentage that does not result in a reduction of more than 50 percent of the amount that would otherwise be deposited to the fund in the affected state fiscal year under Subsection (b-1) of this section.

SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 5, 2019. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment 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 access to services in this state for behavioral health, mental health, and substance use and addiction issues."