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AN ACT
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relating to the composition of the governing bodies and the |
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consultation policies of local mental health authorities with |
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respect to sheriffs, their representatives, and local law |
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enforcement agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 533, Health and Safety |
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Code, is amended by adding Section 533.0351 to read as follows: |
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Sec. 533.0351. REQUIRED COMPOSITION OF LOCAL MENTAL HEALTH |
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AUTHORITY GOVERNING BODY. (a) If a local mental health authority |
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has a governing body, the governing body must include: |
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(1) for a local authority that serves only one county, |
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the sheriff of the county as an ex officio nonvoting member; and |
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(2) for a local authority that serves two or more |
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counties, two sheriffs chosen in accordance with Subsection (b) as |
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ex officio nonvoting members. |
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(b) A local mental health authority that serves two or more |
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counties shall take the median population size of each of those |
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counties and choose: |
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(1) one sheriff of a county with a population above the |
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median population size to serve as an ex officio nonvoting member |
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under Subsection (a); and |
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(2) one sheriff of a county with a population below the |
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median population size to serve as an ex officio nonvoting member |
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under Subsection (a). |
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(c) A sheriff may designate a representative to serve in the |
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sheriff's place as an ex officio nonvoting member under Subsection |
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(a). Except as provided by Subsection (c-1), a sheriff or |
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representative of the sheriff serves as an ex officio nonvoting |
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member under Subsection (a) for the duration of the applicable |
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sheriff's term in office. |
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(c-1) A local mental health authority may rotate the |
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positions of ex officio nonvoting members as chosen in accordance |
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with Subsection (b) among the other sheriffs of the counties served |
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by the local authority. A local authority shall consult with each |
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sheriff of the counties served by the local authority in rotating |
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the positions of ex officio nonvoting members under this |
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subsection. |
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(d) A local mental health authority may not bar or restrict |
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a sheriff or representative of a sheriff who serves as an ex officio |
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nonvoting member under Subsection (a) from speaking or providing |
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input at a meeting of the local authority's governing body. |
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(e) If a local mental health authority does not have a |
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governing body, the local authority shall: |
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(1) for a local authority that serves only one county, |
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consult with the sheriff of the county or a representative of the |
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sheriff regarding the use of funds received under Section |
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533.035(b); or |
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(2) for a local authority that serves two or more |
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counties, take the median population size of each of those counties |
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and consult with both: |
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(A) a sheriff or a representative of a sheriff of |
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a county with a population above the median population size |
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regarding the use of funds received under Section 533.035(b); and |
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(B) a sheriff or a representative of a sheriff of |
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a county with a population below the median population size |
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regarding the use of funds received under Section 533.035(b). |
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(f) This section does not prevent a sheriff or |
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representative of a sheriff from being included in the governing |
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body of a local mental health authority as a voting member of the |
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body. |
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SECTION 2. Section 533.0352(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) In developing the local service area plan, the local |
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mental health authority shall: |
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(1) solicit information regarding community needs |
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from: |
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(A) representatives of the local community; |
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(B) consumers of community-based mental health |
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services and members of the families of those consumers; [and] |
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(C) local law enforcement agencies; and |
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(D) other interested persons; and |
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(2) consider: |
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(A) criteria for assuring accountability for, |
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cost-effectiveness of, and relative value of service delivery |
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options; |
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(B) goals to minimize the need for state hospital |
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and community hospital care; |
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(C) goals to divert consumers of services from |
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the criminal justice system; |
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(D) goals to ensure that a child with mental |
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illness remains with the child's parent or guardian as appropriate |
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to the child's care; and |
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(E) opportunities for innovation in services and |
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service delivery. |
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SECTION 3. Section 534.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 534.002. BOARD OF TRUSTEES FOR CENTER ESTABLISHED BY |
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ONE LOCAL AGENCY. (a) The board of trustees of a community center |
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established by one local agency is composed of: |
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(1) the members of the local agency's governing body; |
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[or] |
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(2) not fewer than five or more than nine qualified |
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voters who reside in the region to be served by the center and who |
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are appointed by the local agency's governing body; and |
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(3) a sheriff or a representative of a sheriff of a |
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county in the region served by the community center who is appointed |
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by the local agency's governing body to serve as an ex officio |
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nonvoting member. |
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(b) If a qualified voter appointed to a community center |
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under Subsection (a)(2) is the sheriff of the only county in the |
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region served by a community center, Subsection (a)(3) does not |
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apply. |
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(c) If a qualified voter appointed to a community center |
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under Subsection (a)(2) is a sheriff of a county in the region |
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served by a community center and the region served by the community |
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center consists of more than one county, under Subsection (a)(3) |
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the local agency's governing body shall appoint a sheriff or a |
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representative of a sheriff from a different county in the region |
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served by the community center. |
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(d) Subsection (a)(3) does not prevent a sheriff or |
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representative of a sheriff from being included on the board of |
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trustees of a community center as a voting member of the board. |
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SECTION 4. Section 534.003, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) Except as provided by Subsection (a-1), the [The] board |
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of trustees of a community center established by an organizational |
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combination of local agencies is composed of not fewer than five or |
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more than 13 members. |
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(a-1) In addition to the members described by Subsection |
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(a), the board of trustees of a community center must include: |
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(1) if the region served by the community center |
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consists of only one county, the sheriff of that county or a |
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representative of the sheriff to serve as an ex officio nonvoting |
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member; or |
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(2) if the region served by the community center |
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consists of more than one county, sheriffs from at least two of the |
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counties in the region served by the community center or |
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representatives of the sheriffs to serve as ex officio nonvoting |
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members. |
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(a-2) Subsection (a-1) does not prevent a sheriff or |
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representative of a sheriff from being included on the board of |
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trustees of a community center as a voting member of the board. |
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SECTION 5. If the governing body of a local mental health |
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authority established under Chapter 533, Health and Safety Code, or |
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the board of trustees of a community center established under |
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Chapter 534, Health and Safety Code, includes a sheriff or |
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representative of a sheriff as a voting member of the governing body |
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or board of trustees before the effective date of this Act, the |
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sheriff or representative of the sheriff may continue to serve as a |
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voting member of the governing body or board of trustees after the |
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effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 632 passed the Senate on |
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March 26, 2019, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 23, 2019, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 632 passed the House, with |
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amendments, on May 21, 2019, by the following vote: Yeas 140, |
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Nays 1, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |