By: Gamez H.B. No. 1904

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a border county mental health task force.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 533, Health and Safety Code, is amended by adding Subchapter F to read as follows:

SUBCHAPTER F. BORDER COUNTY MENTAL HEALTH TASK FORCE

Sec. 533.151. DEFINITION. In this subchapter, "task force" means the Border County Mental Health Task Force established under this subchapter.

Sec. 533.152. SUNSET PROVISION. The task force is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the task force is abolished and this subchapter expires September 1, 2035.

Sec. 533.153. TASK FORCE; DUTIES. (a) The department shall establish the task force to advise the commissioner regarding the mental and behavioral health problems, conditions, challenges, and needs of the population of a county that:

(1) is adjacent to the international border with Mexico; and

(2) has a population of less than 500,000 and more than 400,000.

(b) The task force shall advise the commissioner on:

(1) policy priorities addressing major issues affecting the mental and behavioral health of county residents;

(2) raising public awareness of the issues described by Subdivision (1); and

(3) other mental and behavioral health issues affecting county residents, as determined by the commissioner, including:

(A) barriers to accessing mental and behavioral health care;

(B) mental and behavioral health problems, including, but not limited to:

(i) suicide;

(ii) depression;

(iii) eating disorders;

(iv) substance abuse;

(v) schizophrenia; and

(vi) bipolar disorder;

(C) factors that impede access to mental and behavioral health care, including:

(i) socioeconomic conditions;

(ii) linguistic and cultural barriers;

(iii) low population density; and

(iv) lack of health insurance;

(D) surveillance and tracking of factors that negatively affect the residents' mental and behavioral health;

(E) standardization of information collection procedures to ensure the compatibility of data collected on both sides of the international border with Mexico;

(F) identifying best practices and standardization of first responder and law enforcement response to individuals suffering mental health crisis;

(G) mental and behavioral health infrastructure that includes the establishment of:

(i) education and research institutions to train culturally competent mental and behavioral health care providers; and

(ii) local and regional mental and behavioral health programs that build on local resources and maximize the use of public money to address the needs of indigent populations; and

(H) consult, collaboration, and cooperation at with any:

(i) other health and human services agencies;

(ii) other appropriate state or federal agencies;

(iii) health science centers and medical schools; and

(iv) public and private health care providers and hospitals.

(v) Mexican counterparts of the task force; or

(vi) federal counterparts of the task force operating in the United States.

Sec. 533.154. COLLABORATION WITH OFFICE OF BORDER HEALTH. The Office of Border Health established under Section 12.071 shall provide:

(1) staff support to the task force; and

(2) to the extent practicable, any other assistance required by the task force.

Sec. 533.155. COMPOSITION; TERMS. (a) The task force is composed of:

(1) one member appointed by the commissioner who is a first responder or emergency personnel in the county to which this task force applies with experience treating patients experiencing mental and behavioral health problems;

(2) two ex officio nonvoting members who are members of the legislature:

(A) one of whom is appointed by the lieutenant governor; and

(B) one of whom is appointed by the speaker of the house of representatives; and

(3) additional voting members appointed by the commissioner from the county to which this task force applies including but not limited to representatives from:

(A) hospitals;

(B) community health centers;

(C) the local mental health authority;

(D) the county health administration;

(E) a judge with experience in mental health diversion proceedings; and

(F) the district attorney's office.

(b) The commissioner shall designate a chair and vice chair of the task force from among the task force members.

(c) The members appointed by the lieutenant governor and the speaker of the house of representatives serve three-year terms. The remaining members of the task force serve at the pleasure of the commissioner.

Sec. 533.156. MEETINGS. (a) The task force shall meet at least quarterly each fiscal year. Members may hold meetings by conference calls and through videoconference in accordance with Section 551.127, Government Code.

(b) Section 551.125, Government Code, applies to a meeting held by conference call under this section, except that Subsection (b) of that section does not apply.

Sec. 533.157. COMPENSATION AND REIMBURSEMENT. A task force member is not entitled to compensation or reimbursement for expenses incurred in performing the member's duties.

Sec. 533.158. SHORT-TERM AND LONG-TERM BORDER COUNTY MENTAL HEALTH IMPROVEMENT PLANS: TASK FORCE, COMMISSIONER, AND EXECUTIVE COMMISSIONER DUTIES. (a) The task force shall make recommendations to the commissioner for short-term and long-term border county mental health improvement plans. The short-term plan shall identify mental and behavioral health objectives proposed to be accomplished not later than the fourth anniversary of the date the plan is adopted. The long-term plan shall identify mental and behavioral health objectives proposed to be accomplished not later than the ninth anniversary of the date the plan is adopted.

(b) The commissioner shall review the task force's recommendations and, based on those recommendations, recommend short-term and long-term border county mental health improvement plans to the executive commissioner, identifying specific mental and behavioral health objectives that may be implemented under existing law in counties located along the international border with Mexico.

(c) The executive commissioner shall adopt short-term and long-term border county mental health improvement plans and direct the department to implement the portions of the plans that may be implemented within existing appropriations and under existing law in counties located along the international border with Mexico.

Sec. 533.159. APPLICATION OF OTHER LAW. Chapter 2110, Government Code, does not apply to the task force.

Sec. 533.160. ASSISTANCE FROM STATE AGENCIES AND POLITICAL SUBDIVISIONS. At the request of the task force, a state agency or political subdivision of this state may cooperate with the task force in implementing the task force's statutory duties.

Sec. 533.161. REPORTS. (a) Not later than September 1 of each even-numbered year, the task force shall submit to the commissioner a report of the task force's recommendations, including recommendations under Section 533.158 relating to short-term and long-term border county mental health improvement plans.

(b) Not later than December 1 of each even-numbered year, the executive commissioner shall submit to the legislature a report detailing the actions taken by the task force. The report must include:

(1) the status of all projects and activities involving the mental and behavioral health issues described under Section 533.153(b)(3);

(2) the funding for the expenditures; and

(3) recommendations for legislation necessary to implement the short-term and long-term border county mental health improvement plans.

SECTION 2. Not later than October 1, 2023, the commissioner of the Department of State Health Services, lieutenant governor, and speaker of the house of representatives shall appoint the members of the Border County Mental Health Task Force established under Subchapter F, Chapter 533, Health and Safety Code, as added by this Act.

SECTION 3. The initial short-term mental health improvement plan adopted under Section 533.158, Health and Safety Code, as added by this Act, must include a mental health improvement plan for implementation beginning not later than September 1, 2024. The Department of State Health Services shall implement the initiatives in the short-term mental health improvement plan, as directed by the executive commissioner of the Health and Human Services Commission, not later than September 1, 2028.

SECTION 4. The initial long-term mental health improvement plan adopted under Section 533.158, Health and Safety Code, as added by this Act, must include a mental health improvement plan for implementation beginning not later than September 1, 2026. The Department of State Health Services shall implement the initiatives in the long-term mental health improvement plan, as directed by the executive commissioner of the Health and Human Services Commission, not later than September 1, 2033.

SECTION 5. 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, 2023.