Texas 2019 - 86th Regular

Texas House Bill HB19 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 19
	1	+	By: Price, et al. (Senate Sponsor - Watson) H.B. No. 19
	2	+	(In the Senate - Received from the House April 16, 2019;
	3	+	April 17, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 15, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 8, Nays 0;
	6	+	May 15, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 19 By: Perry
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to mental health and substance use resources for certain
6	14		school districts.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Chapter 8, Education Code, is amended by adding
9	17		Subchapter E to read as follows:
10	18		SUBCHAPTER E. MENTAL HEALTH AND SUBSTANCE USE RESOURCES FOR
11	19		SCHOOL DISTRICT PERSONNEL
12	20		Sec. 8.151. DEFINITIONS. In this subchapter, "local mental
13	21		health authority" and "non-physician mental health professional"
14	22		have the meanings assigned by Section 571.003, Health and Safety
15	23		Code.
16	24		Sec. 8.152. EMPLOYMENT OF NON-PHYSICIAN MENTAL HEALTH
17	25		PROFESSIONAL AS MENTAL HEALTH AND SUBSTANCE USE RESOURCE. (a) A
18	26		local mental health authority shall employ a non-physician mental
19	27		health professional to serve as a mental health and substance use
20	28		resource for school districts located in the region served by a
21	29		regional education service center and in which the local mental
22	30		health authority provides services.
23	31		(b) If two or more local mental health authorities provide
24	32		services in a region served by a regional education service center,
25	33		the local mental health authority that primarily operates in the
26	34		county in which the center is located shall:
27	35		(1) employ the non-physician mental health
28	36		professional;
29	37		(2) in making a hiring decision, consult with other
30	38		local mental health authorities providing services in that region;
31	39		and
32	40		(3) before making the final hiring decision, consult
33	41		with the center.
34	42		Sec. 8.153. INTERAGENCY COLLABORATION; MEMORANDUM OF
35	43		UNDERSTANDING. (a) A local mental health authority that employs a
36	44		non-physician mental health professional under Section 8.152 and
37	45		the regional education service center shall collaborate in carrying
38	46		out this subchapter.
39	47		(b) Each regional education service center shall provide
40	48		for a non-physician mental health professional employed for the
41	49		region served by the center with a space for the professional to
42	50		carry out the professional's duties under Section 8.155. The local
43	51		mental health authority that employs the professional shall pay the
44	52		center a reasonable, negotiated cost-recovery fee for providing the
45	53		space and administrative support as outlined in the memorandum of
46	54		understanding entered into under Subsection (c). The cost-recovery
47	55		fee may not exceed $15,000 per year unless the local mental health
48	56		authority and center agree to a higher amount.
49	57		(c) A local mental health authority and a regional education
50	58		service center shall enter into a memorandum of understanding for
51	59		the administration of this section.
52	60		Sec. 8.154. SUPERVISION OF NON-PHYSICIAN MENTAL HEALTH
53	61		PROFESSIONAL. A local mental health authority that employs a
54	62		non-physician mental health professional under Section 8.152
55	63		shall:
56	64		(1) supervise the professional in carrying out the
57	65		professional's duties under Section 8.155; and
58	66		(2) consult with any other local mental health
59	67		authorities in the region and the regional education service center
60	68		for input on supervising the professional.
61	69		Sec. 8.155. DUTIES OF NON-PHYSICIAN MENTAL HEALTH
62	70		PROFESSIONAL. (a) A non-physician mental health professional
63	71		employed under Section 8.152 shall, to the greatest extent
64	72		possible, work collaboratively with the regional education service
65	73		center and shall act as a resource for the center and school
66	74		district personnel by:
67	75		(1) helping personnel gain awareness and a better
68	76		understanding of mental health and co-occurring mental health and
69	77		substance use disorders;
70	78		(2) assisting personnel to implement initiatives
71	79		related to mental health or substance use under state law or agency
72	80		rules, interagency memorandums of understanding, and related
73	81		programs;
74	82		(3) ensuring personnel are aware of:
75	83		(A) the list of recommended best practice-based
76	84		programs and research-based practices developed under Section
77	85		161.325, Health and Safety Code;
78	86		(B) other public and private mental health and
79	87		substance use prevention, treatment, and recovery programs
80	88		available in the school district, including evidence-based
81	89		programs provided by a local mental health authority and other
82	90		public or private mental health providers; and
83	91		(C) other available public and private mental
84	92		health and substance use prevention, treatment, and recovery
85	93		program resources administered by the local mental health authority
86	94		or the Health and Human Services Commission to support school
87	95		districts, students, and families;
88	96		(4) on a monthly basis, facilitating mental health
89	97		first aid training;
90	98		(5) on a monthly basis, facilitating training
91	99		regarding the effects of grief and trauma and providing support to
92	100		children with intellectual or developmental disabilities who
93	101		suffer from grief or trauma; and
94	102		(6) on a monthly basis, facilitating training on
95	103		prevention and intervention programs that have been shown to be
96	104		effective in helping students cope with pressures to:
97	105		(A) use alcohol, cigarettes, or illegal drugs; or
98	106		(B) misuse prescription drugs.
99	107		(b) A non-physician mental health professional employed
100	108		under Section 8.152 may not treat or provide counseling to a student
101	109		or provide specific advice to school district personnel regarding a
102	110		student.
103	111		Sec. 8.156. PARTICIPATION BY SCHOOL DISTRICT NOT REQUIRED.
104	112		This subchapter does not require a school district to participate
105	113		in training provided by a non-physician mental health professional
106	114		or otherwise use the professional as a resource.
107	115		Sec. 8.157. DISTRIBUTION OF FUNDING. A state agency to
108	116		which money is appropriated to carry out this subchapter shall
109	117		ensure that the money is distributed equally among the local mental
110	118		health authorities that employ and supervise non-physician mental
111	119		health professionals under this subchapter.
112	120		Sec. 8.158. REPORT. (a) Before the last business day of
113	121		each calendar year, each local mental health authority that employs
114	122		and supervises a non-physician mental health professional under
115	123		this subchapter shall prepare and submit a report to the Health and
116	124		Human Services Commission regarding the outcomes for school
117	125		districts and students resulting from services provided by the
118	126		non-physician mental health professional.
119	127		(b) Not later than January 31 of the following calendar
120	128		year, the Health and Human Services Commission shall compile the
121	129		information submitted under this section and prepare and submit a
122	130		report to the lieutenant governor, the speaker of the house of
123	131		representatives, each standing committee of the legislature having
124	132		primary jurisdiction over mental health, each standing committee of
125	133		the legislature having primary jurisdiction over public education,
126	134		and the agency. Before submitting the report under this
127	135		subsection, the commission shall provide the agency a reasonable
128	136		opportunity to review and provide input on the contents of the
129	137		report.
130	138		SECTION 2. A local mental health authority is required to
131	139		implement a provision of this Act only if the legislature
132	140		appropriates money specifically for that purpose. If the
133	141		legislature does not appropriate money specifically for that
134	142		purpose, a local mental health authority may, but is not required
135	143		to, implement a provision of this Act using other appropriations
136	144		available for that purpose.
137	145		SECTION 3. This Act takes effect September 1, 2019.
138		-	______________________________ ______________________________
139		-	President of the Senate Speaker of the House
140		-	I certify that H.B. No. 19 was passed by the House on April
141		-	16, 2019, by the following vote: Yeas 127, Nays 19, 1 present, not
142		-	voting; and that the House concurred in Senate amendments to H.B.
143		-	No. 19 on May 23, 2019, by the following vote: Yeas 134, Nays 7, 2
144		-	present, not voting.
145		-	______________________________
146		-	Chief Clerk of the House
147		-	I certify that H.B. No. 19 was passed by the Senate, with
148		-	amendments, on May 17, 2019, by the following vote: Yeas 28, Nays
149		-	3.
150		-	______________________________
151		-	Secretary of the Senate
152		-	APPROVED: __________________
153		-	Date
154		-	__________________
155		-	Governor
	146	+	* * * * *