By: Thompson of Harris, et al. H.B. No. 10
(Senate Sponsor - Kolkhorst)
(In the Senate - Received from the House April 17, 2019;
April 25, 2019, read first time and referred to Committee on Health &
Human Services; May 13, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 13, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 10 By: Powell
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas Mental and Behavioral Health
Research Institute.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 113A to read as follows:
CHAPTER 113A. TEXAS MENTAL AND BEHAVIORAL HEALTH RESEARCH
INSTITUTE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 113A.0001. DEFINITIONS. In this chapter:
(1) "Executive committee" means the executive
committee of the institute.
(2) "Institute" means the Texas Mental and Behavioral
Health Research Institute.
(3) "Oversight committee" means the oversight
committee of the institute.
SUBCHAPTER B. INSTITUTE
Sec. 113A.0051. ESTABLISHMENT; PURPOSE. The Texas Mental
and Behavioral Health Research Institute is established to:
(1) leverage the expertise and capacity of the
health-related institutions of higher education listed in Section
113A.0052 to address urgent mental health challenges and improve
the mental health care system in this state;
(2) enhance the state's ability to address mental
health care needs through collaboration of the health-related
institutions of higher education listed in Section 113A.0052; and
(3) create best practices, leadership, and vision for
addressing child and adolescent behavioral health needs and to
provide funding for researching behavioral health issues.
Sec. 113A.0052. COMPOSITION. The institute is composed of:
(1) the following health-related institutions of
higher education:
(A) Baylor College of Medicine;
(B) The Texas A&M University System Health
Science Center;
(C) Texas Tech University Health Sciences
Center;
(D) Texas Tech University Health Sciences Center
at El Paso;
(E) University of North Texas Health Science
Center at Fort Worth;
(F) the Dell Medical School at The University of
Texas at Austin;
(G) The University of Texas M.D. Anderson Cancer
Center;
(H) The University of Texas Medical Branch at
Galveston;
(I) The University of Texas Health Science Center
at Houston;
(J) The University of Texas Health Science Center
at San Antonio;
(K) The University of Texas Rio Grande Valley
School of Medicine;
(L) The University of Texas Health Science Center
at Tyler; and
(M) The University of Texas Southwestern Medical
Center;
(2) the commission;
(3) the Texas Higher Education Coordinating Board;
(4) three nonprofit organizations that focus on mental
health care, designated by a majority of the members described by
Subdivision (1); and
(5) any other entity that the executive committee
considers necessary.
Sec. 113A.0053. ADMINISTRATIVE ATTACHMENT. The institute
is administratively attached to the Texas Higher Education
Coordinating Board and is funded solely by money appropriated to
the coordinating board for the purposes of the institute. The
coordinating board may use up to three percent of the institute's
funds, as approved by the executive committee established under
Section 113A.0101, for the purpose of providing administrative
support to the institute.
SUBCHAPTER C. EXECUTIVE COMMITTEE
Sec. 113A.0101. EXECUTIVE COMMITTEE; COMPOSITION. (a) The
institute is governed by an executive committee composed of the
following members:
(1) the chair of the academic department of psychiatry
of each of the health-related institutions of higher education
listed in Section 113A.0052 or a licensed psychiatrist, including a
child-adolescent psychiatrist, designated by the chair to serve in
the chair's place;
(2) a representative of the commission with expertise
in the delivery of mental health care services, appointed by the
executive commissioner;
(3) a representative of the commission with expertise
in mental health facilities, appointed by the executive
commissioner;
(4) a representative of the Texas Higher Education
Coordinating Board, appointed by the commissioner of the
coordinating board;
(5) a representative of each nonprofit organization
described by Section 113A.0052 that is part of the institute,
designated by a majority of the members described by Subdivision
(1);
(6) a representative of a hospital system in this
state, designated by a majority of the members described by
Subdivision (1); and
(7) any other representative designated:
(A) under Subsection (b); or
(B) by a majority of the members described by
Subdivision (1) at the request of the executive committee.
(b) The president of each of the health-related
institutions of higher education listed in Section 113A.0052 may
designate a representative to serve on the executive committee.
Sec. 113A.0102. VACANCY. A vacancy on the executive
committee shall be filled in the same manner as the original
appointment.
Sec. 113A.0103. PRESIDING OFFICER. The executive committee
shall elect a presiding officer from among the membership of the
executive committee.
Sec. 113A.0104. STATEWIDE BEHAVIORAL HEALTH COORDINATING
COUNCIL. The institute shall designate a member of the executive
committee to represent the institute on the statewide behavioral
health coordinating council.
Sec. 113A.0105. GENERAL DUTIES. The executive committee
shall:
(1) coordinate the provision of funding to the
health-related institutions of higher education listed in Section
113A.0052 to carry out the purposes of this chapter;
(2) establish procedures and policies for the
administration of funds under this chapter;
(3) monitor funding and agreements entered into under
this chapter to ensure recipients of funding comply with the terms
and conditions of the funding and agreements; and
(4) establish procedures to document compliance by
executive committee members, oversight committee members, and
staff with applicable laws governing conflicts of interest.
SUBCHAPTER D. MENTAL HEALTH AND SUBSTANCE USE DISORDER RESEARCH
Sec. 113A.0151. POWERS AND DUTIES. (a) The executive
committee shall coordinate with the statewide behavioral health
coordinating council and other state entities to enhance mental
health care and impact substance use disorder in this state through
the health-related institutions of higher education listed in
Section 113A.0052 by providing funding for:
(1) research efforts conducted by a health-related
institution of higher education;
(2) the dissemination of best practice strategies by a
health-related institution of higher education;
(3) the recruitment of researchers and clinicians to a
health-related institution of higher education;
(4) the training of students, residents, and fellows
in connection to a research effort conducted under this subchapter
by a health-related institution of higher education, including
education and training incidental to research to develop a
workforce that specializes in psychiatric research, behavioral
health, and clinical care; and
(5) clinical trials, studies, or other patient
programs of a health-related institution of higher education that
are approved by an institutional review board.
(b) The executive committee shall adopt rules as necessary
to accomplish the purposes of Subsection (a).
Sec. 113A.0152. MENTAL HEALTH AND SUBSTANCE USE DISORDER
RESEARCH PROGRAM. (a) The executive committee shall establish a
mental health and substance use disorder research program to
provide funding to the health-related institutions of higher
education listed in Section 113A.0052 to:
(1) develop and implement a statewide research
framework focused on preventing and treating mental health
conditions and substance use disorders, including:
(A) depression;
(B) first episode psychosis;
(C) bipolar disorder and schizophrenia; and
(D) population health;
(2) collaborate with the commission, the Texas State
Board of Pharmacy, and any other appropriate organization, agency,
or professional board to complete comparative studies of
prescribing practices for a mental health condition or substance
use disorder outlined by the statewide research framework described
by Subdivision (1);
(3) recruit mental health and substance use disorder
researchers, other than researchers from a public, private, or
independent institution of higher education in this state; and
(4) research or address any other mental health,
substance use disorder, or addiction issue identified by the
executive committee.
(b) The executive committee may include in the statewide
research framework developed under Subsection (a)(1) any area of
mental health or substance use disorder research, including
research on:
(1) the root causes or mechanistic processes of a
mental health condition;
(2) the impact of external forces on mental health and
substance use disorders;
(3) the impact of physical health on mental health and
substance use disorders;
(4) public health trends in mental health and
substance use disorders;
(5) new treatments associated with mental health and
substance use disorders;
(6) the utilization of psychotropic drugs on children;
(7) medical interventions associated with mental
health and substance use disorders;
(8) non-pharmaceutical treatments associated with
mental health and substance use disorders; and
(9) co-occurring mental health conditions in
individuals with an intellectual or developmental disability.
(c) The executive committee shall establish a review
process for the selection of research projects to fund under this
section. The process must provide for the evaluation of research
projects based on their alignment with the statewide behavioral
health strategic plan and the statewide research framework
described by Subsection (a)(1).
(d) The executive committee shall make funding
recommendations to the oversight committee on research projects to
fund under this section.
(e) A health-related institution of higher education listed
in Section 113A.0052 may apply for funding under this section alone
or in partnership with a state agency or other institution of higher
education. The institute shall prioritize awarding funding under
this section to an institution of higher education that applies in
partnership with a state agency or other institution. If an
institution of higher education is awarded funding under this
section, the institution may partner with any necessary entity or
person to carry out the purpose for which the funding was awarded.
(f) Notwithstanding any other law, this subchapter,
including any action taken under this section to develop or
disseminate information or materials, does not create a civil or
administrative cause of action or a civil or criminal liability and
does not create a standard of care, obligation, or duty that
provides the basis for a cause of action.
(g) Data on or personally identifying information of a
person obtained under this subchapter is confidential and not
subject to disclosure.
Sec. 113A.0153. OVERSIGHT COMMITTEE. (a) The Texas Mental
and Behavioral Health Research Institute Oversight Committee is
created to make final decisions on all research proposals
recommended by the executive committee for funding. The oversight
committee shall adopt reasonable rules and procedures to ensure
that final decisions are made in an unbiased and objective manner.
The rules and procedures must require the oversight committee to
approve funding for a research project unless the oversight
committee determines that the project:
(1) has not been reviewed by the executive committee
under Section 113A.0152(c); and
(2) does not align with the statewide behavioral
health strategic plan and the statewide research framework
described by Section 113A.0152(a)(1).
(b) The oversight committee is composed of 11 members with
appropriate expertise in mental and behavioral health issues,
appointed as follows:
(1) three members appointed by the governor;
(2) three members appointed by the lieutenant
governor;
(3) three members appointed by the speaker of the
house of representatives;
(4) one member appointed by the membership of the
executive committee, who may be the presiding officer of the
executive committee; and
(5) one member who represents the statewide behavioral
health coordinating council, appointed by the governor.
(c) A vacancy on the oversight committee shall be filled in
the same manner as the original appointment.
(d) The oversight committee shall elect a presiding officer
from among the membership of the executive committee.
Sec. 113A.0154. CERTAIN RESEARCH PROHIBITED. The executive
committee may not provide funding under this subchapter to an
entity to conduct research that uses a hallucinogenic drug, an
electroconvulsive therapy, a seizure-inducing therapy, or an
electronic device to modify the mood, cognition, or behavior of
children.
Sec. 113A.0155. CONSENT REQUIRED FOR SERVICES TO MINOR. A
mental health evaluation, treatment, or service may not be provided
under this subchapter to a child younger than 18 years of age
without first obtaining the informed, written consent of the
child's parent or legal guardian.
Sec. 113A.0156. PRIVACY OF INFORMATION. The institute
shall ensure that research and evaluations are conducted and
services are provided under this subchapter in a manner that
complies with state and federal privacy laws, including laws
related to patient confidentiality.
Sec. 113A.0157. COLLABORATION WITH HISTORICALLY BLACK
COLLEGE OR UNIVERSITY. A health-related institution of higher
education listed in Section 113A.0052 may contract with a
historically black college or university in this state to
collaborate with the institution in carrying out any part of this
chapter.
SUBCHAPTER E. MISCELLANEOUS PROVISIONS
Sec. 113A.0201. BIENNIAL REPORT. Not later than December 1
of each even-numbered year, the institute shall prepare and submit
to the governor, the lieutenant governor, the speaker of the house
of representatives, and the standing committee of each house of the
legislature with primary jurisdiction over behavioral health
issues and post on its Internet website a written report:
(1) that outlines:
(A) the activities and objectives of the
institute;
(B) the health-related institutions of higher
education listed in Section 113A.0052 that receive funding from the
executive committee; and
(C) any legislative recommendations based on the
activities and objectives described by Paragraph (A); and
(2) that includes:
(A) the number of research proposals funded and
the amount of funding awarded for each proposal for the reporting
period;
(B) information identifying each funding
recipient for the reporting period;
(C) a summary of the institute's administrative
expenses;
(D) an assessment of the availability of funding
for mental health and substance use disorder research from sources
other than the institute;
(E) a summary of findings of research funded by
the institute, including any promising new research areas;
(F) an assessment of the relationship between the
institute's funding and the overall strategy of its research
program;
(G) a statement of the institute's statewide
research framework described by Section 113A.0152(a)(1); and
(H) a list of any conflicts of interest under
this chapter or rules adopted under this chapter that arose for the
reporting period.
Sec. 113A.0202. APPROPRIATION CONTINGENCY. The institute,
executive committee, and oversight committee are required to
implement a provision of this chapter only if the legislature
appropriates money specifically for that purpose. If the
legislature does not appropriate money specifically for that
purpose, the institute, executive committee, and oversight
committee may, but are not required to, implement the provision
using other money available to the institute for that purpose.
SECTION 2. As soon as practicable after the effective date
of this Act, the appropriate appointing authority shall make the
appointments and designations to the Texas Mental and Behavioral
Health Research Institute as required by this Act.
SECTION 3. If the constitutional amendment proposed by the
86th Legislature, Regular Session, 2019, providing for the
dedication of certain sales and use tax revenue to the Texas mental
and behavioral health research fund established to fund research,
treatment, and substance use and addiction issues is approved by
the voters, the Texas Mental and Behavioral Health Research
Institute established by Chapter 113A, Health and Safety Code, as
added by this Act, is eligible to receive funding through the
proceeds of revenue for any activities conducted by the institute
that serve the purposes of that constitutional provision.
SECTION 4. 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, 2019.
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