H.B. No. 3088
 
 
 
 
AN ACT
  relating to the administration of certain mental health grant
  programs established by the Health and Human Services Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 531.0991, Government Code, is amended by
  amending Subsections (h) and (k) and adding Subsection (n) to read
  as follows:
         (h)  A community that receives a grant under this section is
  required to leverage funds in an amount:
               (1)  equal to 25 [50] percent of the grant amount if the
  community mental health program is located in a county with a
  population of less than 100,000 [250,000];
               (2)  equal to 50 percent of the grant amount if the
  community mental health program is located in a county with a
  population of 100,000 or more but less than 250,000;
               (3)  equal to 100 percent of the grant amount if the
  community mental health program is located in a county with a
  population of at least 250,000; and
               (4) [(3)]  equal to the percentage of the grant amount
  otherwise required by this subsection for the largest county in
  which a community mental health program is located if the community
  mental health program is located in more than one county.
         (k)  Not later than December 1 of each even-numbered
  [calendar] year, the executive commissioner shall submit to the
  governor, the lieutenant governor, and each member of the
  legislature a report evaluating the success of the matching grant
  program created by this section.
         (n)  A reasonable amount not to exceed five percent of the
  money appropriated by the legislature for the purposes of this
  section may be used by the commission to pay administrative costs of
  implementing this section.
         SECTION 2.  Section 531.0992, Government Code, is amended by
  amending Subsections (d-1) and (d-2) and adding Subsection (g) to
  read as follows:
         (d-1)  For services and treatment provided in a single
  county, the commission shall condition each grant provided under
  this section on a potential grant recipient providing funds from
  non-state sources in a total amount at least equal to:
               (1)  25 [50] percent of the grant amount if the
  community mental health program to be supported by the grant
  provides services and treatment in a county with a population of
  less than 100,000 [250,000]; [or]
               (2)  50 percent of the grant amount if the community
  mental health program to be supported by the grant provides
  services and treatment in a county with a population of 100,000 or
  more but less than 250,000; or
               (3)  100 percent of the grant amount if the community
  mental health program to be supported by the grant provides
  services and treatment in a county with a population of 250,000 or
  more.
         (d-2)  For a community mental health program that provides
  services and treatment in more than one county, the commission
  shall condition each grant provided under this section on a
  potential grant recipient providing funds from non-state sources in
  a total amount at least equal to:
               (1)  25 [50] percent of the grant amount if the county
  with the largest population [county] in which the community mental
  health program to be supported by the grant provides services and
  treatment has a population of less than 100,000 [250,000]; [or]
               (2)  50 [100] percent of the grant amount if the county
  with the largest population [county] in which the community mental
  health program to be supported by the grant provides services and
  treatment has a population of 100,000 or more but less than 250,000;
  or
               (3)  100 percent of the grant amount if the county with
  the largest population in which the community mental health program
  to be supported by the grant provides services and treatment has a
  population of 250,000 or more.
         (g)  A reasonable amount not to exceed five percent of the
  money appropriated by the legislature for the purposes of this
  section may be used by the commission to pay administrative costs of
  implementing this section.
         SECTION 3.  Section 531.0993, Government Code, is amended by
  amending Subsection (c) and adding Subsection (j) to read as
  follows:
         (c)  The commission shall condition each grant provided to a
  community collaborative under this section on the collaborative
  providing funds from non-state sources in a total amount at least
  equal to:
               (1)  25 [50] percent of the grant amount if the
  collaborative includes a county with a population of less than
  100,000 [250,000];
               (2)  50 percent of the grant amount if the
  collaborative includes a county with a population of 100,000 or
  more but less than 250,000;
               (3)  100 percent of the grant amount if the
  collaborative includes a county with a population of 250,000 or
  more; and
               (4) [(3)]  the percentage of the grant amount otherwise
  required by this subsection for the largest county included in the
  collaborative, if the collaborative includes more than one county.
         (j)  A reasonable amount not to exceed five percent of the
  money appropriated by the legislature for the purposes of this
  section may be used by the commission to pay administrative costs of
  implementing this section.
         SECTION 4.  Sections 539.002(b) and (c), Government Code,
  are amended to read as follows:
         (b)  Except as provided by Subsection (c), the department
  shall require each entity awarded a grant under this section to:
               (1)  leverage additional funding or in-kind
  contributions from private contributors or local governments,
  excluding state or federal funds, [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 or in-kind contributions from
  private contributors or local governments, excluding state or
  federal funds, [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 539.003, Government Code, is amended to
  read as follows:
         Sec. 539.003.  ACCEPTABLE USES OF GRANT MONEY. An entity
  shall use money received from a grant made by the department and
  private funding sources for the establishment or expansion of a
  community collaborative[, provided that the collaborative must be
  self-sustaining within seven years]. Acceptable uses for the money
  include:
               (1)  the development of the infrastructure of the
  collaborative and the start-up costs of the collaborative;
               (2)  the establishment, operation, or maintenance of
  other community service providers in the community served by the
  collaborative, including intake centers, detoxification units,
  sheltering centers for food, workforce training centers,
  microbusinesses, and educational centers;
               (3)  the provision of clothing, hygiene products, and
  medical services to and the arrangement of transitional and
  permanent residential housing for persons served by the
  collaborative;
               (4)  the provision of mental health services and
  substance abuse treatment not readily available in the community
  served by the collaborative;
               (5)  the provision of information, tools, and resource
  referrals to assist persons served by the collaborative in
  addressing the needs of their children; and
               (6)  the establishment and operation of coordinated
  intake processes, including triage procedures, to protect the
  public safety in the community served by the collaborative.
         SECTION 6.  Section 539.007, Government Code, is amended to
  read as follows:
         Sec. 539.007.  REDUCTION AND CESSATION OF FUNDING. The
  department shall establish processes by which the department may
  reduce or cease providing funding to an entity if the community
  collaborative operated by the entity does not meet the outcome
  measures selected by the entity for the collaborative under Section
  539.005 [or is not self-sustaining after seven years]. The
  department shall redistribute any funds withheld from an entity
  under this section to other entities operating high-performing
  collaboratives on a competitive basis.
         SECTION 7.  Chapter 539, Government Code, is amended by
  adding Section 539.009 to read as follows:
         Sec. 539.009.  ADMINISTRATIVE COSTS. A reasonable amount
  not to exceed five percent of the money appropriated by the
  legislature for the purposes of this subchapter may be used by the
  commission to pay administrative costs of implementing this
  subchapter.
         SECTION 8.  The changes in law made by this Act apply to a
  grant awarded on or after the effective date of this Act. A grant
  awarded under a provision amended by this Act is governed by the law
  in effect on the date the grant was awarded, and the former law is
  continued in effect for that purpose.
         SECTION 9.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 10.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3088 was passed by the House on May 8,
  2021, by the following vote:  Yeas 101, Nays 38, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3088 was passed by the Senate on May
  25, 2021, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor