88R7404 GCB-D
 
  By: Price H.B. No. 2361
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the qualifications for a person to provide services as a
  mental health and substance use resource for school districts and
  the reporting of certain information regarding outcomes of those
  services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 8.151, Education Code, is amended to
  read as follows:
         Sec. 8.151.  DEFINITIONS. In this subchapter:
               (1)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
               (2)  "Local[, "local] mental health authority" and
  "non-physician mental health professional" have the meanings
  assigned by Section 571.003, Health and Safety Code.
         SECTION 2.  Section 8.152, Education Code, is amended by
  adding Subsections (c) and (d) to read as follows:
         (c)  If a local mental health authority is unable to fill an
  open position for a non-physician mental health professional due to
  a shortage of qualified applicants, the authority may request a
  waiver from the executive commissioner for approval to employ, for
  purposes of performing the functions and duties of a non-physician
  mental health professional under this subchapter, a person who:
               (1)  is a licensed master social worker, as defined by
  Section 505.002, Occupations Code; or
               (2)  has been issued a licensed professional counselor
  associate license by the Texas State Board of Examiners of
  Professional Counselors.
         (d)  A person approved under a waiver under Subsection (c)
  shall carry out the functions and duties required of a
  non-physician mental health professional under this subchapter in
  the same manner as a non-physician mental health professional
  employed under Subsection (a) or (b).
         SECTION 3.  Section 8.158, Education Code, is amended to
  read as follows:
         Sec. 8.158.  REPORT. (a) Before the last business day of
  each odd-numbered [calendar] year, each local mental health
  authority that employs and supervises a non-physician mental health
  professional under this subchapter shall prepare and submit a
  report to the Health and Human Services Commission regarding the
  outcomes for school districts and students resulting from services
  provided by the non-physician mental health professional.
         (b)  Not later than July [January] 31 of each even-numbered
  year [the following calendar year], the Health and Human Services
  Commission shall compile the information submitted under this
  section and prepare and submit a report to the lieutenant governor,
  the speaker of the house of representatives, each standing
  committee of the legislature having primary jurisdiction over
  mental health, each standing committee of the legislature having
  primary jurisdiction over public education, and the agency. Before
  submitting the report under this subsection, the commission shall
  provide the agency a reasonable opportunity to review and provide
  input on the contents of the report.
         (c)  Not later than July [January] 31 of each even-numbered
  [calendar] year, the Health and Human Services Commission shall
  submit the report prepared under Subsection (b) to the
  Collaborative Task Force on Public School Mental Health Services
  established under Section 38.302. This subsection expires December
  1, 2025.
         SECTION 4.  Not later than November 1, 2023, the executive
  commissioner of the Health and Human Services Commission shall by
  rule establish the process for requesting a waiver under Section
  8.152(c), Education Code, as added by this Act.
         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.