88R14247 MPF-F
 
  By: Campos H.B. No. 4687
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of funding for the coordination of
  mental health, substance use, and public health care services in
  this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 403, Government Code, is amended by
  adding Subchapter T to read as follows:
  SUBCHAPTER T. MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC HEALTH
  INITIATIVES
         Sec. 403.601.  DEFINITIONS. In this subchapter:
               (1)  "Council" means the mental health, substance use,
  and public health initiative council established by Section
  403.602.
               (2)  "Fund" means the mental health, substance use, and
  public health initiative trust fund established by Section 403.603.
         Sec. 403.602.  MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC
  HEALTH INITIATIVE COUNCIL. (a) The mental health, substance use,
  and public health initiative council is established to ensure that
  money allocated to the mental health, substance use, and public
  health initiative trust fund is allocated fairly and spent to
  improve the coordination among mental health, substance use, and
  public health.
         (b)  The council is composed of the following 12 members:
               (1)  one member appointed by the governor who is a
  current or retired health care operations professional with 10 or
  more years of experience in matters of substance use, mental
  health, and public health;
               (2)  one member appointed by the lieutenant governor
  who is a current or retired health care operations professional
  with 10 or more years of experience in matters of substance use,
  mental health, and public health;
               (3)  one member appointed by the speaker of the house of
  representatives who is a current or retired health care operations
  professional with 10 or more years of experience in matters of
  substance use, mental health, and public health;
               (4)  three members appointed by the executive
  commissioner of the Health and Human Services Commission who are
  from academia or the medical profession and have significant
  experience in matters of substance use, mental health, and public
  health;
               (5)  five members appointed by the executive
  commissioner of the Health and Human Services Commission as
  follows:
                     (A)  one member who is a current or former
  employee of a rural hospital district;
                     (B)  one member who is a current or former
  employee of a local health authority;
                     (C)  one member who is a current or former
  employee of a federally qualified health center in this state; and
                     (D)  two members with at least 10 years of
  experience working with a health philanthropy nonprofit
  organization or foundation; and
               (6)  the comptroller or the comptroller's designee.
         (c)  The comptroller or the comptroller's designee serves as
  the presiding officer of the council and is a nonvoting member.
         (d)  In making appointments under Subsection (b)(4), the
  executive commissioner of the Health and Human Services Commission
  shall appoint members from lists provided by the governing bodies
  of six rural counties and six rural municipalities selected by the
  executive commissioner with each list naming two qualified
  candidates with experience in substance use treatment, education,
  and research.
         (e)  In making appointments under Subsection (b), the
  governor, lieutenant governor, and speaker of the house of
  representatives shall coordinate to ensure that the membership of
  the council reflects, to the extent possible, the ethnic and
  geographic diversity of this state.
         (f)  The council is administratively attached to the
  Department of State Health Services. The Department of State Health
  Services shall provide the staff and facilities necessary to assist
  the council in performing its duties.
         (g)  A decision by the council to award a grant under Section
  403.604 requires the unanimous approval of all members of the
  council.
         (h)  The council is subject to Chapter 551.
         Sec. 403.603.  MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC
  HEALTH INITIATIVE TRUST FUND. (a) The mental health, substance
  use, and public health initiative trust fund is a trust fund
  established outside the state treasury for the purposes of this
  subchapter. The fund is not a part of this state's general funds.
         (b)  The fund is administered by the Texas Treasury
  Safekeeping Trust Company. The trust company may authorize money
  from the fund to be invested with money from the state treasury.
  The trust company may establish in the fund accounts to facilitate
  the administration of money in the fund. 
         (c)  The fund consists of:
               (1)  an initial appropriation of money by the
  legislature to the fund as permanent principal for the fund;
               (2)  any additional legislative appropriations of
  money for the purposes of the fund;
               (3)  interest or other earnings on money credited to or
  allocable to the fund; and
               (4)  money from gifts, grants, or donations to the
  fund.
         (d)  The money initially appropriated by the legislature as
  permanent principal for the fund may not be used for any purpose
  other than to gain interest or other investment earnings.
         (e)  Money in the fund gained as interest or other earnings
  on the investment of the permanent principal of the fund may be used
  only to:
               (1)  provide grants in accordance with Section 403.604;
  and
               (2)  pay the necessary and reasonable expenses of
  administering the fund.
         (f)  In making investments of money in the fund, the Texas
  Treasury Safekeeping Trust Company shall exercise the judgment and
  care under the circumstances then prevailing that a person of
  ordinary prudence, discretion, and intelligence exercises in the
  management of the person's own affairs.
         (g)  The Texas Treasury Safekeeping Trust Company may
  appoint one or more commercial banks, depository trust companies,
  or other similar entities to serve as the custodian of the fund.
         Sec. 403.604.  ESTABLISHMENT OF GRANT PROGRAM. (a) The
  council shall establish a grant program to award grants for
  programs that improve the coordination between substance use,
  mental health, and public health care services in this state
  providing services to individuals with co-occurring mental health
  and substance use disorders.
         (b)  A program funded through a grant awarded under this
  subchapter must improve the coordination between substance use,
  mental health, and public health care services in the state
  through:
               (1)  evidence-based preventative or therapeutic
  measures, research, the implementation of new technology, data
  collection, education programs, or capital improvements; and
               (2)  providing an efficient and cost-effective method
  that is directed to support the coordination of personnel, capital
  improvements, data interoperability, or long-term financial
  sustainability of the mental health care, substance use, and public
  health care providers.
         (c)  Annually, the council shall establish procedures for
  submitting, accepting, and evaluating grant applications under
  this subchapter.
         (d)  The council, in coordination with the statewide
  behavioral health coordinating council established under
  Subchapter M-1, Chapter 531, shall evaluate grant applications at
  least biennially.
         Sec. 403.605.  REPORT. Not later than October 1 of each
  year, the Texas Treasury Safekeeping Trust Company shall submit a
  written report to the legislature detailing:
               (1)  all expenditures made by the council during the
  preceding state fiscal year; and
               (2)  any amount of money greater than the initial
  appropriation of permanent principal by the legislature that is
  held in the fund.
         Sec. 403.606.  RULES. The council shall adopt rules to
  implement this subchapter.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission, the governor, the lieutenant governor, and the
  speaker of the house of representatives shall appoint the members
  of the mental health, substance use, and public health initiative
  council as provided by Section 403.602, Government Code, as added
  by this Act.
         SECTION 3.  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.