By: Coleman H.B. No. 3088
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of county mental health grant
  services 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) 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 [100] percent of the grant amount if
  the community mental health program is located in a county with a
  population of at least 100,000, but less than 250,000; [and]
               (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 [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.]
               (4)  equal to the percentage of the grant amount
  otherwise required by this subsection for the county with the
  largest population 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.
         SECTION 2.  Section 531.0992, Government Code, is amended by
  amending Subsections (d-1) and (d-2) 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 [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 at
  least 100,000, but less than 250,000 [or more]; and
               (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 [largest 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 [largest county] in which the community
  mental health program to be supported by the grant provides
  services and treatment has a population of at least 100,000, but
  less than 250,000 [or more]; and
               (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.
         SECTION 3.  Section 531.0993(c), Government Code, is amended
  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 [100] percent of the grant amount if the
  collaborative includes a county with a population of at least
  100,000, but less than 250,000; [and]
               (3)  100 percent of the grant amount if the
  collaborative includes a county with a population of at least
  250,000; and [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.]
               (4)  the percentage of the grant amount otherwise
  required by this subsection for the county with the largest
  population included in the collaborative, if the collaborative
  includes more than one county.
         SECTION 4.  Section 539.002, Government Code, is amended by
  amending Subsections (b) and (c) 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 [sources] contributors or local
  governments, excluding state and federal funds, 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 [sources] contributors or local governments, excluding
  state and federal funds, 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 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 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.  The amendments to Sections 531.0991(h),
  531.0991(k), 531.0992(d-1), 531.0992(d-2), 531.0993(c),
  539.002(b), 539.002(c), 539.003, and 539.007, Government Code,
  apply to contracts entered into on or after September 1, 2021.
         SECTION 8.  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 9.  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.