Texas 2019 - 86th Regular

Texas House Bill HB1335 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R25388 KJE-F
2		-	By: Price, Huberty, Coleman, H.B. No. 1335
3		-	Thompson of Harris, Bonnen of Galveston
4		-	Substitute the following for H.B. No. 1335:
5		-	By: Price C.S.H.B. No. 1335
	1	+	86R2930 KJE-F
	2	+	By: Price H.B. No. 1335
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to the establishment of school-based behavioral health
11		-	centers by ~~public schools~~ and a grant program administered by the
	8	+	centers by school districts and a grant program administered by the
12	9		executive commissioner of the Health and Human Services Commission
13	10		for the operation of those centers.
14	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	12		SECTION 1. Chapter 38, Education Code, is amended by adding
16	13		Subchapter B-1 to read as follows:
17	14		SUBCHAPTER B-1. SCHOOL-BASED BEHAVIORAL HEALTH CENTERS
18	15		Sec. 38.081. DEFINITIONS. In this subchapter:
19	16		(1) "Behavioral health services" includes mental
20		-	health assessments, crisis interventions, counseling, including
21		-	substance abuse counseling, and referrals to a continuum of mental
22		-	health services.
23		-	(2) "Eligible entity" means a community-based
24		-	organization that is:
25		-	(A) a school district;
26		-	(B) an open-enrollment charter school;
27		-	(C) a hospital;
28		-	(D) a local health department;
29		-	(E) a federally qualified health center, as
30		-	defined by 42 U.S.C. Section 1396d(l)(2)(B);
31		-	(F) a community mental health center, as defined
32		-	by 42 U.S.C. Section 1395x(ff)(3)(B);
33		-	(G) a local mental health authority;
34		-	(H) a licensed mental health care provider whose
35		-	sole purpose is providing school-based behavioral health services;
36		-	(I) a local Communities In Schools program
37		-	described by Subchapter E, Chapter 33; or
38		-	(J) any other appropriate nonprofit health care
39		-	agency or behavioral health care agency.
40		-	(3) "Executive commissioner" means the executive
	17	+	health assessments, crisis interventions, counseling, mental
	18	+	health treatments and referrals to a continuum of mental health
	19	+	services, including psychiatric care, community support programs,
	20	+	and inpatient or outpatient care programs.
	21	+	(2) "Executive commissioner" means the executive
41	22		commissioner of the Health and Human Services Commission.
42	23		Sec. 38.082. ESTABLISHMENT OF SCHOOL-BASED BEHAVIORAL
43	24		HEALTH CENTER. (a) A school district may establish a school-based
44	25		behavioral health center to:
45	26		(1) provide accessible behavioral health services to
46	27		students and their families;
47	28		(2) improve the emotional well-being and academic
48	29		performance of medically underserved students and their families;
49	30		and
50	31		(3) integrate behavioral health services in the school
51	32		environment.
52	33		(b) A school district may combine a school-based behavioral
53	34		health center with a school-based health center established under
54	35		Subchapter B or any other district program that provides primary
55	36		health care services to students.
56	37		Sec. 38.083. CENTER REQUIREMENTS. (a) A school-based
57	38		behavioral health center must:
58	39		(1) be located at or near a school district facility;
59	40		(2) be organized with assistance from the community
60	41		and relevant health care providers; and
61	42		(3) provide behavioral health services during school
62	43		hours to students in accordance with:
63	44		(A) applicable federal, state, and local laws;
64	45		(B) established behavioral health standards; and
65	46		(C) community practice.
66		-	(b) A school-based behavioral health center may provide
67		-	services to the student only with the consent of the student's
68		-	parent or guardian.
69		-	(c) A school-based behavioral health center must be
70		-	administered by an eligible entity.
	47	+	(b) A school-based behavioral health center must be
	48	+	administered by an eligible entity. An eligible entity must be a
	49	+	community-based organization that is:
	50	+	(1) a school district;
	51	+	(2) a hospital;
	52	+	(3) a local health department;
	53	+	(4) a federally qualified health center, as defined by
	54	+	42 U.S.C. Section 1396d(l)(2)(B);
	55	+	(5) a community mental health center, as defined by 42
	56	+	U.S.C. Section 1395x(ff)(3)(B);
	57	+	(6) a local mental health authority;
	58	+	(7) a health care provider whose sole purpose is
	59	+	providing school-based behavioral health services; or
	60	+	(8) any other appropriate nonprofit health care agency
	61	+	or behavioral health care agency.
71	62		Sec. 38.084. GRANTS. (a) The executive commissioner shall
72		-	administer a program under which grants are awarded to ~~eligible~~
73		-	~~entities to assist~~ school districts with the costs of operating
74		-	~~school-based~~ behavioral health centers.
75		-	(b) To be eligible to receive a grant under this section, an
76		-	~~eligible entity~~ must:
	63	+	administer a program under which grants are awarded to assist
	64	+	school districts with the costs of operating school-based
	65	+	behavioral health centers.
	66	+	(b) To be eligible to receive a grant under this section, a
	67	+	school district must:
77	68		(1) establish or propose to establish a school-based
78	69		behavioral health center that meets the requirements under Section
79		-	38.083 ~~under an agreement with a school district~~;
	70	+	38.083;
80	71		(2) provide sufficient information establishing local
81	72		need for the behavioral health services provided by or proposed to
82	73		be provided by the center;
83	74		(3) provide sufficient evidence that:
84		-	(A) the entity's request for a grant under this
85		-	section is approved by the school district at which the center is or
86		-	will be located;
87		-	(B) the center will obtain parental consent
	75	+	(A) the center will obtain parental consent
88	76		before providing behavioral health services to children;
89		-	(C) the center will offer on-site access during
90		-	each instructional day;
	77	+	(B) the district will establish and maintain
	78	+	relationships with health care providers in the district;
	79	+	(C) the center will offer:
	80	+	(i) on-site access during each
	81	+	instructional day; and
	82	+	(ii) 24-hour coverage through an on-call
	83	+	system to ensure year-round access to the center's services;
91	84		(D) the center will be integrated into the school
92	85		environment and will coordinate behavioral health resources with
93	86		district educators and other appropriate support personnel,
94	87		including other school-based health care providers; and
95		-	(E) the entity will assume all responsibility for
96		-	the administration, operation, and oversight of the center;
97		-	(4) establish and maintain relationships with health
98		-	care providers; and
99		-	(5) provide any other information the executive
	88	+	(E) the entity administering the center will
	89	+	assume all responsibility for the administration, operation, and
	90	+	oversight of the center; and
	91	+	(4) provide any other information the executive
100	92		commissioner determines necessary.
101	93		(c) In awarding grants under this section, the executive
102		-	commissioner shall give priority to ~~eligible entities~~ that seek
	94	+	commissioner shall give priority to school districts that seek
103	95		funding for a school-based behavioral health center that meets at
104	96		least two of the following criteria:
105	97		(1) the center has already been established;
106	98		(2) the center will be established at a campus that
107	99		does not currently have a school-based behavioral health center;
108	100		(3) the center serves or will serve an area in which
109	101		there are barriers to students accessing behavioral health
110	102		services; or
111	103		(4) the center serves or will serve a campus at which
112	104		50 percent or more of the students in daily attendance at the campus
113	105		are:
114	106		(A) uninsured, underinsured, or enrolled in a
115	107		public health insurance program; or
116	108		(B) educationally disadvantaged.
117	109		(d) The executive commissioner shall determine the amount
118	110		of each grant awarded under this section. In determining the amount
119	111		of a grant, the executive commissioner shall consider:
120		-	(1) the financial need of the school district at which
121		-	the school-based behavioral health center is or will be located to
122		-	operate the center;
123		-	(2) other funding provided to the district for the
124		-	operation of the center; and
	112	+	(1) the financial need of the school district to
	113	+	operate the school-based behavioral health center;
	114	+	(2) other funding provided to the school district for
	115	+	the operation of the center; and
125	116		(3) any other factor the executive commissioner
126	117		determines relevant.
127	118		(e) A grant awarded under this section may be used only for:
128	119		(1) the salaries of health care providers who provide
129	120		behavioral health services through the school-based behavioral
130		-	health center; or
131		-	(2) costs related to managing the center's programs.
132		-	(f) The executive commissioner, in consultation with the
133		-	commissioner, shall adopt rules as necessary to implement this
134		-	section, including rules regarding the evaluation and monitoring of
135		-	school-based behavioral health centers operated by eligible
136		-	entities that receive a grant under this section.
	121	+	health center;
	122	+	(2) overhead costs of the center; or
	123	+	(3) costs related to managing the center's programs.
	124	+	(f) The executive commissioner shall provide to a school
	125	+	district that receives a grant under this section:
	126	+	(1) technical assistance;
	127	+	(2) fiscal and program management assistance and
	128	+	training;
	129	+	(3) operational and administrative support; and
	130	+	(4) information on best practices in offering
	131	+	behavioral health services through a school-based behavioral
	132	+	health center.
	133	+	(g) The executive commissioner shall adopt rules as
	134	+	necessary to implement this section, including rules regarding the
	135	+	evaluation and monitoring of school-based behavioral health
	136	+	centers operated by school districts that receive a grant under
	137	+	this section.
137	138		SECTION 2. This Act applies beginning with the 2019-2020
138	139		school year.
139	140		SECTION 3. This Act takes effect immediately if it receives
140	141		a vote of two-thirds of all the members elected to each house, as
141	142		provided by Section 39, Article III, Texas Constitution. If this
142	143		Act does not receive the vote necessary for immediate effect, this
143	144		Act takes effect September 1, 2019.