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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for and certain facilities providing crisis |
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and mental health services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 573, Health and Safety |
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Code, is amended by adding Section 573.020 to read as follows: |
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Sec. 573.020. INITIAL EXAMINATION. (a) A non-physician |
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mental health professional shall examine a person who arrives at a |
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facility established under Section 580.003 within 30 minutes of the |
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person's arrival if: |
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(1) an application for detention has been filed for |
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the person; or |
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(2) a peace officer, or emergency medical services |
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personnel of an emergency medical services provider transporting |
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the person in accordance with a memorandum of understanding |
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executed under Section 573.005, files a notification of detention |
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completed by the peace officer under Section 573.002(a). |
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(b) A facility established under Section 580.003 may detain |
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the person if: |
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(1) the person has rejected voluntary mental health |
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services; and |
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(2) as a result of the initial examination conducted |
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under this section and materials provided for the application for |
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detention or notification of detention under Subsection (a)(1) or |
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(2), as applicable, the non-physician mental health professional |
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has a reasonable cause to believe and does believe that: |
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(A) the person is a person with mental illness; |
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and |
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(B) because of that mental illness there is a |
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substantial risk of serious harm to the person or to others unless |
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the person is immediately detained. |
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SECTION 2. Sections 573.021(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) Following an initial examination under Section 573.020, |
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a [A] facility established under Section 580.003 shall temporarily |
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accept a person for whom an application for detention is filed or |
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for whom a peace officer or emergency medical services personnel of |
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an emergency medical services provider transporting the person in |
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accordance with a memorandum of understanding executed under |
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Section 573.005 files a notification of detention completed by the |
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peace officer under Section 573.002(a). |
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(c) A physician shall examine the person accepted for a |
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preliminary examination as soon as possible within 12 hours after |
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the time the person is apprehended by the peace officer or |
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transported for emergency detention by the person's guardian. |
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SECTION 3. Section 573.023, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) A person apprehended by a peace officer or transported |
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for emergency detention under Subchapter A or detained under |
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Subchapter B shall be released on completion of: |
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(1) the initial examination, unless the person is |
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detained under Section 573.020(b); or |
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(2) the preliminary examination, unless the person is |
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admitted to a facility under Section 573.022. |
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(a-1) Upon a person's release from a facility under |
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Subsection (a), the person must receive a formal referral to |
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outpatient or community-based mental health treatment services. |
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SECTION 4. Subtitle C, Title 7, Health and Safety Code, is |
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amended by adding Chapter 580 to read as follows: |
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CHAPTER 580. CRISIS SERVICE MODELS |
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Sec. 580.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Continuum of care program" means a program |
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administered by the United States Department of Housing and Urban |
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Development to assist individuals experiencing homelessness and |
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provide the services needed to help those individuals move into |
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transitional and permanent housing, with the goal of long-term |
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stability. |
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Sec. 580.002. APPLICABILITY. This chapter applies only to |
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a county with a population of more than 1.2 million. |
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Sec. 580.003. ESTABLISHMENT OF CRISIS SERVICE MODELS. (a) |
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A county to which this chapter applies shall establish a crisis |
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service model to provide comprehensive crisis and mental health |
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services, including: |
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(1) crisis intervention and stabilization services 24 |
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hours a day, seven days a week; |
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(2) short-term residential care; |
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(3) medical detoxification; |
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(4) care coordination services for individuals who |
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would benefit from ongoing treatment, housing, or other community |
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resources after being released from a crisis service center; |
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(5) specialized services for individuals experiencing |
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homelessness, consistent with an integrated continuum of care |
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program, including coordination with appropriate emergency |
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shelters, coordinated entry systems, rapid rehousing programs, and |
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permanent supportive housing units; and |
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(6) as described by Subsection (d), crisis follow-up |
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services. |
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(a-1) A crisis service model may encompass one or more |
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facilities in the county to provide services as described by |
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Subsection (a). |
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(a-2) Any facility established under this chapter may not be |
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located in the central business district of a municipality. |
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(b) A county utilizing a crisis service model may: |
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(1) employ non-physician mental health professionals, |
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including individuals authorized to provide mental health services |
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to individuals transported to the center for involuntary commitment |
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under Chapters 573 and 574; or |
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(2) contract with a qualified third-party vendor to |
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provide those services. |
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(c) Law enforcement agencies and emergency medical services |
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providers shall ensure coordination with a county's crisis service |
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model to prioritize transporting individuals experiencing a crisis |
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to a designated facility established under this section that |
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provides crisis services instead of to a more restrictive setting, |
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as appropriate. |
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(d) Not later than 48 hours after the initial intervention, |
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an individual must be provided with crisis follow-up services, |
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which must include a reassessment of risk, safety planning, and |
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connecting the individual to mental health and housing services |
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through the crisis service model or a third-party vendor contracted |
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by the county. |
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(e) The commission shall provide assistance to a county to |
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establish and operate a crisis service model under this chapter. |
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(f) A county may coordinate with the Texas Facilities |
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Commission, in coordination with applicable state agencies or |
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departments, concerning state-owned land or facilities available |
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for establishing a crisis service center. The Texas Facilities |
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Commission or the applicable agency or department may lease to a |
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county real property or an improvement for the sole purpose of |
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establishing a crisis service center to provide the services |
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described by Subsection (a). The lease may be entered into at less |
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than the prevailing rate and without advertisement or competitive |
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bidding. |
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Sec. 580.004. HOMELESSNESS SERVICES COORDINATION. A county |
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shall ensure that an individual who contacts or receives treatment |
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from a crisis service center is provided access to ongoing care |
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through collaboration with homelessness service providers, |
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municipalities within the county, and a continuum of care program. |
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The collaboration must include: |
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(1) coordination with available housing services for |
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individuals after leaving the crisis service center's care; |
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(2) providing or facilitating a coordinated intake |
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into a continuum of care program, enabling individuals experiencing |
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homelessness to access homelessness services and housing support |
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through the crisis service model; and |
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(3) case management and housing navigation assistance |
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services to connect and refer individuals experiencing |
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homelessness to available long-term support services. |
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Sec. 580.005. FUNDING. (a) The commission may solicit and |
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accept gifts, grants, and donations from any source to support |
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counties establishing and operating a crisis service model under |
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this chapter. |
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(b) To qualify for funding from the commission, a county |
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must submit a comprehensive plan for a crisis service model to the |
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commission describing how the crisis service model will meet the |
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requirements established under Sections 580.003 and 580.004. |
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Sec. 580.006. REPORTS. A county shall prepare and submit to |
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the commission and the Texas Department of Housing and Community |
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Affairs quarterly reports: |
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(1) covering the outcomes of individuals who received |
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services from a crisis service center in the county; |
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(2) providing information related to the results of |
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operating a crisis service model in the county, including any |
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reductions in homelessness, homelessness services program |
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enrollments, mental health program enrollments, behavioral health |
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program enrollments, exits to housing, crime reduction, harm |
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reduction, number of re-entries into the crisis service center, or |
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other county-wide effects; |
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(3) evaluating the provision of related services in |
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the county, including the stability of available housing services; |
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and |
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(4) detailing any recommendations for legislative or |
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other action. |
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Sec. 580.007. CRISIS SERVICE CENTER ADVISORY BOARD. (a) |
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Each crisis service model shall have an advisory board. |
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(b) The advisory board is composed of the following |
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individuals: |
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(1) four individuals residing in the county of the |
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crisis service model appointed by the governor; |
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(2) a representative appointed by the county |
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commissioners court; |
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(3) a representative appointed by the most populous |
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municipality in the county; and |
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(4) a representative of a continuum of care program |
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appointed by the county commissioners court. |
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SECTION 5. The changes in law made by this Act to Chapter |
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573, Health and Safety Code, apply to an emergency detention that |
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begins on or after the effective date of this Act. An emergency |
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detention that begins before the effective date of this Act is |
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governed by the law as it existed immediately before that date, and |
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that law is continued in effect for that purpose. |
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SECTION 6. (a) Not later than September 1, 2028, a county |
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to which Chapter 580, Health and Safety Code, as added by this Act, |
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applies shall establish a crisis service model as required by |
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Section 580.003, Health and Safety Code, as added by this Act. |
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(b) Not later than January 1, 2029, a county to which |
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Chapter 580, Health and Safety Code, as added by this Act, applies |
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shall provide the initial report required by Section 580.006, |
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Health and Safety Code, as added by this Act. |
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SECTION 7. This Act takes effect September 1, 2025. |
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* * * * * |