By: Alders H.B. No. 4856

A BILL TO BE ENTITLED

AN ACT

relating to the governance of local mental health authorities and the composition of the governing bodies of local mental health authorities.

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

SECTION 1. Section 533.035, Health and Safety Code, is amended by adding Subsection (f) to read as follows:

(f) A local mental health authority shall make available a monthly expense report in an electronic format, detailing every expenditure as reasonably practical by the local mental health authority, to each member of the governing body, including ex officio nonvoting members.

SECTION 2. The heading to Section 533.0351, Health and Safety Code, is amended to read as follows:

Sec. 533.0351. REQUIRED COMPOSITION AND GOVERNANCE OF LOCAL MENTAL HEALTH AUTHORITY GOVERNING BODY.

SECTION 3. Section 533.0351, Health and Safety Code, is amended by amending Subsections (a), (b), (c), and (c-1) and adding Subsections (a-1), (a-2), and (c-2) to read as follows:

(a) Each [If a] local mental health authority must have [has] a governing body.

(a-1) The[, the] governing body must include:

(1) for a local authority that serves only one county, the sheriff of the county as an ex officio nonvoting member; and

(2) for a local authority that serves two or more counties, two sheriffs chosen in accordance with Subsection (b) as ex officio nonvoting members.

(a-2) At least one member of the governing board must be a member of the public, have experience owning or operating a private business, and not have served in elected office.

(b) In selecting sheriffs to serve as members under Subsection (a-1)(2), a [A] local mental health authority that serves two or more counties shall take the median population size of each of those counties and choose:

(1) one sheriff of a county with a population above the median population size to serve as an ex officio nonvoting member under Subsection (a); and

(2) one sheriff of a county with a population below the median population size to serve as an ex officio nonvoting member under Subsection (a).

(c) A sheriff who is made a member of a governing body in accordance with this section may designate a representative to serve as a member of the body in the sheriff's place as an ex officio nonvoting member under Subsection (a). Except as provided by Subsection (c-1), a sheriff or the designated representative of the sheriff serves as an ex officio nonvoting member under Subsection (a) for the duration of the applicable sheriff's term in office.

(c-1) A local mental health authority may rotate the positions of sheriffs who serve as ex officio nonvoting members [as] chosen in accordance with Subsection (b) among the other sheriffs of the counties served by the local authority. A local authority shall consult with each sheriff of the counties served by the local authority in rotating the positions of sheriffs serving as ex officio nonvoting members under this subsection.

(c-2) A local mental health authority shall allow a sheriff selected under this section to be a voting member of the governing board upon request of the sheriff, pursuant to the sheriff agreeing to comply with all standards and rules applicable to voting board members.

(c-3) A person employed by a local mental health authority may not serve as a member of the authority's governing body.

SECTION 4. Subchapter B, Chapter 533, Health and Safety Code, is amended by adding Section 533.0355 to read as follows:

Sec. 533.0355. PROHIBITION ON DIVERSITY, EQUITY, AND INCLUSION INITIATIVES IN LOCAL MENTAL HEALTH AUTHORITIES. (a) In this section:

(1) "Diversity, equity, and inclusion initiative" means an initiative that:

(A) is based on the belief that identity classifications are central to understanding social, professional, and political disparities;

(B) requires, encourages, or otherwise promotes organizational practices such as employee hiring and promotion, resource allocation, or policy formulation to achieve proportional representation of identity classification groups or to eliminate perceived systemic differences between them; or

(C) otherwise promotes discriminatory treatment of a person on the basis of the person's identity classification.

(2) "Identity classification" means a classification of a person based on the race, color, religion, national origin, or ethnicity of the person.

(b) A local mental health authority may not, except to the extent required by federal law:

(1) formulate, promote, or implement a diversity, equity, and inclusion initiative; or

(2) give preference on the basis of an identity classification to an applicant for employment, an employee, or a participant in any function of the local mental health authority.

SECTION 5. Section 533.0351 (e), Health and Safety Code is repealed.

SECTION 6. This Act takes effect September 1, 2025.