By: Thompson of Harris, et al. (Senate Sponsor - Kolkhorst) H.J.R. No. 5
         (In the Senate - Received from the House April 16, 2019;
  May 1, 2019, read first time and referred to Committee on Finance;
  May 19, 2019, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 11, Nays 2; May 19, 2019,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.J.R. No. 5 By:  Kolkhorst
 
 
HOUSE 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, 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), (d-1), and (d-2) to read as
  follows:
         (b-1)  Subject to Subsections (d-1) and (d-2) 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 $35.04 billion of that revenue coming into the
  treasury for the state fiscal year beginning September 1, 2019, and
  $36.16 billion of that revenue coming into the state treasury in
  each subsequent 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.
         (d-2)  The duty of the comptroller of public accounts to make
  a deposit under Subsection (b-1) of this section expires August 31,
  2030.
         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."
 
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