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A BILL TO BE ENTITLED
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AN ACT
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relating to the governance of local mental health authorities and |
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the composition of the governing bodies of local mental health |
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authorities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 533.035, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) A local mental health authority shall make available a |
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monthly expense report in an electronic format, detailing every |
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expenditure as reasonably practical by the local mental health |
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authority, to each member of the governing body, including ex |
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officio nonvoting members. |
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SECTION 2. The heading to Section 533.0351, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 533.0351. REQUIRED COMPOSITION AND GOVERNANCE OF LOCAL |
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MENTAL HEALTH AUTHORITY GOVERNING BODY. |
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SECTION 3. Section 533.0351, Health and Safety Code, is |
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amended by amending Subsections (a), (b), (c), and (c-1) and adding |
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Subsections (a-1), (a-2), and (c-2) to read as follows: |
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(a) Each [If a] local mental health authority must have |
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[has] a governing body. |
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(a-1) The[, the] governing body must include: |
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(1) for a local authority that serves only one county, |
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the sheriff of the county as an ex officio nonvoting member; and |
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(2) for a local authority that serves two or more |
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counties, two sheriffs chosen in accordance with Subsection (b) as |
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ex officio nonvoting members. |
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(a-2) At least one member of the governing board must be a |
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member of the public, have experience owning or operating a private |
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business, and not have served in elected office. |
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(b) In selecting sheriffs to serve as members under |
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Subsection (a-1)(2), a [A] local mental health authority that |
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serves two or more counties shall take the median population size of |
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each of those counties and choose: |
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(1) one sheriff of a county with a population above the |
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median population size to serve as an ex officio nonvoting member |
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under Subsection (a); and |
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(2) one sheriff of a county with a population below the |
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median population size to serve as an ex officio nonvoting member |
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under Subsection (a). |
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(c) A sheriff who is made a member of a governing body in |
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accordance with this section may designate a representative to |
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serve as a member of the body in the sheriff's place as an ex officio |
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nonvoting member under Subsection (a). Except as provided by |
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Subsection (c-1), a sheriff or the designated representative of the |
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sheriff serves as an ex officio nonvoting member under Subsection |
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(a) for the duration of the applicable sheriff's term in office. |
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(c-1) A local mental health authority may rotate the |
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positions of sheriffs who serve as ex officio nonvoting members |
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[as] chosen in accordance with Subsection (b) among the other |
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sheriffs of the counties served by the local authority. A local |
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authority shall consult with each sheriff of the counties served by |
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the local authority in rotating the positions of sheriffs serving |
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as ex officio nonvoting members under this subsection. |
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(c-2) A local mental health authority shall allow a sheriff |
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selected under this section to be a voting member of the governing |
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board upon request of the sheriff, pursuant to the sheriff agreeing |
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to comply with all standards and rules applicable to voting board |
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members. |
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(c-3) A person employed by a local mental health authority |
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may not serve as a member of the authority's governing body. |
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SECTION 4. Subchapter B, Chapter 533, Health and Safety |
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Code, is amended by adding Section 533.0355 to read as follows: |
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Sec. 533.0355. PROHIBITION ON DIVERSITY, EQUITY, AND |
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INCLUSION INITIATIVES IN LOCAL MENTAL HEALTH AUTHORITIES. (a) In |
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this section: |
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(1) "Diversity, equity, and inclusion initiative" |
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means an initiative that: |
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(A) is based on the belief that identity |
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classifications are central to understanding social, professional, |
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and political disparities; |
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(B) requires, encourages, or otherwise promotes |
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organizational practices such as employee hiring and promotion, |
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resource allocation, or policy formulation to achieve proportional |
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representation of identity classification groups or to eliminate |
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perceived systemic differences between them; or |
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(C) otherwise promotes discriminatory treatment |
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of a person on the basis of the person's identity classification. |
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(2) "Identity classification" means a classification |
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of a person based on the race, color, religion, national origin, or |
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ethnicity of the person. |
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(b) A local mental health authority may not, except to the |
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extent required by federal law: |
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(1) formulate, promote, or implement a diversity, |
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equity, and inclusion initiative; or |
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(2) give preference on the basis of an identity |
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classification to an applicant for employment, an employee, or a |
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participant in any function of the local mental health authority. |
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SECTION 5. Section 533.0351 (e), Health and Safety Code is |
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repealed. |
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SECTION 6. This Act takes effect September 1, 2025. |