By: Frazier H.B. No. 3858
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of mental health wellness units
  within law enforcement agencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 4, Government Code, is amended
  by adding Chapter 425 to read as follows:
  CHAPTER 425. LAW ENFORCEMENT AGENCY MENTAL HEALTH WELLNESS UNITS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 425.001.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Fund" means the peace officer mental health fund.
               (3)  "Law enforcement agency" means the Department of
  Public Safety or a political subdivision authorized by law to
  employ peace officers under Article 2.12, Code of Criminal
  Procedure.
  SUBCHAPTER B. MENTAL HEALTH WELLNESS UNITS
         Sec. 425.051.  ESTABLISHMENT OF WELLNESS UNITS. Each law
  enforcement agency shall establish and maintain a mental health
  wellness unit within the agency for the agency's peace officers.
         Sec. 425.052.  WELLNESS UNIT REQUIREMENTS. A wellness unit
  established under this subchapter shall:
               (1)  identify peace officers that respond to a violent
  incident that may result in a loss of life, including a homicide,
  suicide, or fatal motor vehicle accident;
               (2)  require a representative of the wellness unit to
  communicate with and monitor the mental health of an officer
  identified under Subdivision(1) , when feasible;
               (3)  maintain and provide a list of verified
  counselors, therapists, and support resources available to an
  officer identified under Subdivision (1) who agrees to services
  through the wellness unit; and
               (4)  include any additional requirements the
  commission determines are necessary to implement this subchapter.
  SUBCHAPTER C. PEACE OFFICER MENTAL HEALTH FUND AND GRANT PROGRAM
         Sec. 425.101.  FUND.  (a)  The peace officer mental health
  fund is an account in the general revenue fund.
         (b)  The fund is composed of:
               (1)  money appropriated to the fund by the legislature;
               (2)  gifts and grants contributed to the fund; and
               (3)  the earnings of the fund.
         (c)  Money in the fund may be appropriated only to the
  commission. The commission may use the money only for making grants
  under Section 425.102.
         Sec. 425.102.  PEACE OFFICER MENTAL HEALTH GRANT PROGRAM.  
  (a)  The commission shall establish and administer a grant program
  to assist local law enforcement agencies in establishing and
  maintaining mental health wellness units within the agencies as
  required under Subchapter B.
         (b)  The commission shall establish:
               (1)  eligibility criteria for grant applicants;
               (2)  grant application procedures;
               (3)  guidelines relating to grant amounts;
               (4)  procedures for evaluating grant applications; and
               (5)  procedures for monitoring the use of a grant
  awarded under the program and ensuring compliance with any
  condition of a grant.
         SECTION 2.  Not later than January 1, 2024, the executive
  commissioner of the Health and Human Services Commission shall
  prescribe any necessary requirements for mental health wellness
  units established under Chapter 425, Government Code, as added by
  this Act.
         SECTION 3.  Notwithstanding Subchapter B, Chapter 425,
  Government Code, as added by this Act, a law enforcement agency is
  not required to establish a mental health wellness unit under that
  subchapter until September 1, 2024.
         SECTION 4.  This Act takes effect September 1, 2023.