By: Parker, et al. S.B. No. 2487

A BILL TO BE ENTITLED

AN ACT

relating to procedures for and certain facilities providing crisis and mental health services.

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

SECTION 1. Subchapter C, Chapter 573, Health and Safety Code, is amended by adding Section 573.020 to read as follows:

Sec. 573.020. INITIAL EXAMINATION. (a) A non-physician mental health professional shall examine a person who arrives at a facility providing crisis and mental health services as part of a crisis service model established under Chapter 580 within 30 minutes of the person's arrival if:

(1) an application for detention has been filed for the person; or

(2) a peace officer, or emergency medical services personnel of an emergency medical services provider transporting the person in accordance with a memorandum of understanding executed under Section 573.005, files a notification of detention completed by the peace officer under Section 573.002(a).

(b) A facility providing crisis and mental health services as part of a crisis service model established under Chapter 580 may detain the person if:

(1) the person has rejected voluntary mental health services; and

(2) as a result of the initial examination conducted under this section and materials provided for the application for detention or notification of detention under Subsection (a)(1) or (2), as applicable, the non-physician mental health professional has a reasonable cause to believe and does believe that:

(A) the person is a person with mental illness; and

(B) because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately detained.

SECTION 2. Section 573.021, Health and Safety Code, is amended by adding Subsection (a-1) and amending Subsection (c) to read as follows:

(a-1) A facility providing crisis and mental health services as part of a crisis service model established under Chapter 580 may temporarily accept a person under Subsection (a) only after an initial examination has been conducted under Section 573.020.

(c) A physician shall examine the person accepted for a preliminary examination as soon as possible within 12 hours after the time the person is apprehended by the peace officer or transported for emergency detention by the person's guardian.

SECTION 3. Section 573.023, Health and Safety Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) A person apprehended by a peace officer or transported for emergency detention under Subchapter A or detained under Subchapter B shall be released on completion of:

(1) the initial examination, unless the person is detained under Section 573.020(b); or

(2) the preliminary examination, unless the person is admitted to a facility under Section 573.022.

(a-1) Upon a person's release from a facility under Subsection (a), the person must receive a formal referral to outpatient or community-based mental health treatment services.

SECTION 4. Subtitle C, Title 7, Health and Safety Code, is amended by adding Chapter 580 to read as follows:

CHAPTER 580. CRISIS SERVICE MODELS

Sec. 580.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Health and Human Services Commission.

(2) "Continuum of care program" means a program administered by the United States Department of Housing and Urban Development to assist individuals experiencing homelessness and provide the services needed to help those individuals move into transitional and permanent housing, with the goal of long-term stability.

Sec. 580.002. APPLICABILITY. This chapter applies only to a county with a population of more than 1.2 million.

Sec. 580.003. ESTABLISHMENT OF CRISIS SERVICE MODELS. (a) A county to which this chapter applies may establish a crisis service model to provide comprehensive crisis and mental health services, including:

(1) crisis intervention and stabilization services 24 hours a day, seven days a week;

(2) short-term residential care;

(3) medical detoxification;

(4) care coordination services for individuals who would benefit from ongoing treatment, housing, or other community resources after being released from a crisis service center;

(5) specialized services for individuals experiencing homelessness, consistent with an integrated continuum of care program, including coordination with appropriate emergency shelters, coordinated entry systems, rapid rehousing programs, and permanent supportive housing units; and

(6) as described by Subsection (d), crisis follow-up services.

(a-1) A crisis service model may encompass one or more facilities in the county to provide services as described by Subsection (a).

(a-2) Any facility established under this chapter may not be located in the central business district of a municipality.

(b) A county utilizing a crisis service model may:

(1) employ non-physician mental health professionals, including individuals authorized to provide mental health services to individuals transported to the center for involuntary commitment under Chapters 573 and 574; or

(2) contract with a qualified third-party vendor to provide those services.

(c) Law enforcement agencies and emergency medical services providers shall ensure coordination with a county's crisis service model to prioritize transporting individuals experiencing a crisis to a designated facility established under this section that provides crisis services instead of to a more restrictive setting, as appropriate.

(d) Not later than 48 hours after the initial intervention, an individual must be provided with crisis follow-up services, which must include a reassessment of risk, safety planning, and connecting the individual to mental health and housing services through the crisis service model or a third-party vendor contracted by the county.

Sec. 580.004. HOMELESSNESS SERVICES COORDINATION. A county that establishes a crisis service model under this chapter shall ensure that an individual who contacts or receives treatment from a crisis service center is provided access to ongoing care through collaboration with homelessness service providers, municipalities within the county, and a continuum of care program. The collaboration must include:

(1) coordination with available housing services for individuals after leaving the crisis service center's care;

(2) providing or facilitating a coordinated intake into a continuum of care program, enabling individuals experiencing homelessness to access homelessness services and housing support through the crisis service model; and

(3) case management and housing navigation assistance services to connect and refer individuals experiencing homelessness to available long-term support services.

Sec. 580.005. FUNDING. A county may solicit and accept gifts, grants, and donations from any source to support the county in establishing and operating a crisis service model under this chapter.

Sec. 580.006. REPORT. Not later than October 1 of each even-numbered year, a county that establishes a crisis service model under this chapter shall prepare and submit to the commission and the Texas Department of Housing and Community Affairs a report:

(1) covering the outcomes of individuals who received services from a crisis service center in the county;

(2) providing information related to the results of operating a crisis service model in the county, including any reductions in homelessness, homelessness services program enrollments, mental health program enrollments, behavioral health program enrollments, exits to housing, crime reduction, harm reduction, number of re-entries into the crisis service center, or other county-wide effects;

(3) evaluating the provision of related services in the county, including the stability of available housing services; and

(4) detailing any recommendations for legislative or other action.

Sec. 580.007. CRISIS SERVICE CENTER ADVISORY BOARD. (a) Each crisis service model shall have an advisory board.

(b) The advisory board is composed of the following individuals:

(1) four individuals residing in the county of the crisis service model appointed by the governor;

(2) a representative appointed by the county commissioners court;

(3) a representative appointed by the most populous municipality in the county; and

(4) a representative of a continuum of care program appointed by the county commissioners court.

SECTION 5. The changes in law made by this Act to Chapter 573, Health and Safety Code, apply to an emergency detention that begins on or after the effective date of this Act. An emergency detention that begins before the effective date of this Act is governed by the law as it existed immediately before that date, and that law is continued in effect for that purpose.

SECTION 6. The Health and Human Services Commission is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the commission may, but is not required to, implement a provision of this Act using other money available for that purpose.

SECTION 7. This Act takes effect September 1, 2025.