By: Kolkhorst  S.B. No. 632
         (In the Senate - Filed February 4, 2019; March 1, 2019, read
  first time and referred to Committee on Health & Human Services;
  March 18, 2019, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; March 18, 2019,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 632 By:  Seliger
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the composition of the governing bodies and the
  consultation policies of local mental health authorities with
  respect to sheriffs, their representatives, and local law
  enforcement agencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 533, Health and Safety
  Code, is amended by adding Section 533.0351 to read as follows:
         Sec. 533.0351.  REQUIRED COMPOSITION OF LOCAL MENTAL HEALTH
  AUTHORITY GOVERNING BODY. (a)  If a local mental health authority
  has a governing body, the governing body must include as an ex
  officio nonvoting member a sheriff or a representative of a sheriff
  of a county in the local authority's service area. Except as
  provided by Subsection (b), the sheriff or representative described
  by this subsection serves as an ex officio member of the governing
  body for the duration of the sheriff's term in office.
         (b)  If there are two or more counties in a local mental
  health authority's service area, the position of ex officio
  nonvoting member described by Subsection (a) must rotate among the
  sheriffs of those counties as determined by the local authority.  A
  local mental health authority shall consider the recommendations of
  the sheriffs in the local authority's service area in making a
  determination under this subsection.
         (c)  If a local mental health authority does not have a
  governing body, the local authority shall consult with a sheriff or
  a representative of a sheriff of a county in the local authority's
  service area regarding the use of the funds received under Section
  533.035(b).
         SECTION 2.  Section 533.0352(d), Health and Safety Code, is
  amended to read as follows:
         (d)  In developing the local service area plan, the local
  mental health authority shall:
               (1)  solicit information regarding community needs
  from:
                     (A)  representatives of the local community;
                     (B)  consumers of community-based mental health
  services and members of the families of those consumers; [and]
                     (C)  local law enforcement agencies; and
                     (D)  other interested persons; and
               (2)  consider:
                     (A)  criteria for assuring accountability for,
  cost-effectiveness of, and relative value of service delivery
  options;
                     (B)  goals to minimize the need for state hospital
  and community hospital care;
                     (C)  goals to divert consumers of services from
  the criminal justice system;
                     (D)  goals to ensure that a child with mental
  illness remains with the child's parent or guardian as appropriate
  to the child's care; and
                     (E)  opportunities for innovation in services and
  service delivery.
         SECTION 3.  Section 534.002, Health and Safety Code, is
  amended to read as follows:
         Sec. 534.002.  BOARD OF TRUSTEES FOR CENTER ESTABLISHED BY
  ONE LOCAL AGENCY.  (a)  The board of trustees of a community center
  established by one local agency is composed of:
               (1)  the members of the local agency's governing body;
  [or]
               (2)  not fewer than five or more than nine qualified
  voters who reside in the region to be served by the center and who
  are appointed by the local agency's governing body; and
               (3)  a sheriff or a representative of a sheriff of a
  county in the region served by the community center who is appointed
  by the local agency's governing body to serve as an ex officio
  nonvoting member.
         (b)  If a qualified voter appointed to a community center
  under Subsection (a)(2) is the sheriff of the only county in the
  region served by a community center, Subsection (a)(3) does not
  apply.
         (c)  If a qualified voter appointed to a community center
  under Subsection (a)(2) is a sheriff of a county in the region
  served by a community center and the region served by the community
  center consists of more than one county, under Subsection (a)(3)
  the local agency's governing body shall appoint a sheriff or a
  representative of a sheriff from a different county in the region
  served by the community center.
         SECTION 4.  Section 534.003, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  Except as provided by Subsection (a-1), the [The] board
  of trustees of a community center established by an organizational
  combination of local agencies is composed of not fewer than five or
  more than 13 members.
         (a-1)  In addition to the members described by Subsection
  (a), the board of trustees of a community center must include:
               (1)  if the region served by the community center
  consists of only one county, the sheriff of that county or a
  representative of the sheriff to serve as an ex officio nonvoting
  member; or
               (2)  if the region served by the community center
  consists of more than one county, sheriffs from at least two of the
  counties in the region served by the community center or
  representatives of the sheriffs to serve as ex officio nonvoting
  members.
         SECTION 5.  This Act takes effect September 1, 2019.
 
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