1 | | - | By: Thompson of Harris, et al. (Senate Sponsor - Kolkhorst) H.J.R. No. 5 |
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2 | | - | (In the Senate - Received from the House April 16, 2019; |
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3 | | - | May 1, 2019, read first time and referred to Committee on Finance; |
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4 | | - | May 19, 2019, reported adversely, with favorable Committee |
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5 | | - | Substitute by the following vote: Yeas 11, Nays 2; May 19, 2019, |
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6 | | - | sent to printer.) |
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7 | | - | Click here to see the committee vote |
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8 | | - | COMMITTEE SUBSTITUTE FOR H.J.R. No. 5 By: Kolkhorst |
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| 1 | + | By: Thompson of Harris, Bonnen of Galveston, H.J.R. No. 5 |
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| 2 | + | Coleman, Phelan, Moody, et al. |
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12 | 6 | | proposing a constitutional amendment providing for the dedication |
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13 | 7 | | of certain sales and use tax revenue to the Texas mental and |
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14 | 8 | | behavioral health research fund established to fund research, |
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15 | 9 | | treatment, and access to services in this state for behavioral |
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16 | 10 | | health, mental health, and substance use and addiction issues. |
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17 | 11 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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18 | 12 | | SECTION 1. Article III, Texas Constitution, is amended by |
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19 | 13 | | adding Section 68 to read as follows: |
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20 | 14 | | Sec. 68. The Texas mental and behavioral health research |
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21 | 15 | | fund is established in the state treasury and consists of money |
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22 | 16 | | transferred or deposited to the fund as provided by Section 7-c, |
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23 | 17 | | Article VIII, of this constitution, appropriations made to the fund |
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24 | 18 | | by the legislature, and all interest, dividends, and other income |
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25 | 19 | | of the fund. Money from the fund may be used as provided by general |
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26 | 20 | | law for the purpose of funding programs: |
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27 | 21 | | (1) to research behavioral health issues generally, |
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28 | 22 | | including causes of behavioral health issues, public health trends |
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29 | 23 | | and strategies regarding behavioral health issues, and new |
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30 | 24 | | behavioral health treatments, interventions, and other solutions; |
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31 | 25 | | (2) to research substance use and addiction issues, |
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32 | 26 | | including genetic determinates of addiction, identification of and |
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33 | 27 | | mitigation of substance use and addiction risk factors, addiction |
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35 | 29 | | (3) to research behavioral health and mental health |
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36 | 30 | | issues affecting children and adolescents, including unidentified |
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37 | 31 | | and untreated mental illness, involvement in the juvenile justice |
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38 | 32 | | system, and suicide prevention; and |
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39 | 33 | | (4) to address the shortage of mental health |
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40 | 34 | | professionals in this state, including programs to increase access |
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41 | 35 | | to mental health professionals in this state, programs to increase |
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42 | 36 | | the use of telemedicine in the treatment of behavioral health or |
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43 | 37 | | mental health issues, and programs to provide loan repayment |
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44 | 38 | | assistance and other funding for mental health professionals, |
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45 | 39 | | including physicians and advanced practice nurses trained in the |
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46 | 40 | | prevention, diagnosis, and treatment of mental illness in children |
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47 | 41 | | and adolescents. |
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48 | 42 | | SECTION 2. Section 7-c, Article VIII, Texas Constitution, |
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49 | | - | is amended by adding Subsections (b-1), (d-1), and (d-2) to read as |
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50 | | - | follows: |
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51 | | - | (b-1) Subject to Subsections (d-1) and (d-2) of this |
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52 | | - | section, in each state fiscal year, the comptroller of public |
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53 | | - | accounts shall deposit to the credit of the Texas mental and |
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54 | | - | behavioral health research fund $100 million of the net revenue |
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55 | | - | derived from the imposition of the state sales and use tax on the |
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56 | | - | sale, storage, use, or other consumption in this state of taxable |
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57 | | - | items under Chapter 151, Tax Code, or its successor, that exceeds |
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58 | | - | the amount of $35.04 billion of that revenue coming into the |
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59 | | - | treasury for the state fiscal year beginning September 1, 2019, and |
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60 | | - | $36.16 billion of that revenue coming into the state treasury in |
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61 | | - | each subsequent state fiscal year. |
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| 43 | + | is amended by adding Subsections (b-1) and (d-1) to read as follows: |
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| 44 | + | (b-1) Subject to Subsection (d-1) of this section, in each |
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| 45 | + | state fiscal year, the comptroller of public accounts shall deposit |
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| 46 | + | to the credit of the Texas mental and behavioral health research |
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| 47 | + | fund $100 million of the net revenue derived from the imposition of |
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| 48 | + | the state sales and use tax on the sale, storage, use, or other |
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| 49 | + | consumption in this state of taxable items under Chapter 151, Tax |
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| 50 | + | Code, or its successor, that exceeds the amount of $30.5 billion of |
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| 51 | + | that revenue coming into the treasury in that state fiscal year. |
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62 | 52 | | (d-1) The legislature by adoption of a resolution approved |
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63 | 53 | | by a record vote of two-thirds of the members of each house of the |
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64 | 54 | | legislature may direct the comptroller of public accounts to reduce |
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65 | 55 | | the amount of money deposited to the credit of the Texas mental and |
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66 | 56 | | behavioral health research fund under Subsection (b-1) of this |
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67 | 57 | | section. The comptroller may be directed to make that reduction |
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68 | 58 | | only: |
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69 | 59 | | (1) in the state fiscal year in which the resolution is |
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70 | 60 | | adopted, or in either of the following two state fiscal years; and |
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71 | 61 | | (2) by an amount or percentage that does not result in |
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72 | 62 | | a reduction of more than 50 percent of the amount that would |
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73 | 63 | | otherwise be deposited to the fund in the affected state fiscal year |
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74 | 64 | | under Subsection (b-1) of this section. |
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78 | 65 | | SECTION 3. This proposed constitutional amendment shall be |
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79 | 66 | | submitted to the voters at an election to be held November 5, 2019. |
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80 | 67 | | The ballot shall be printed to permit voting for or against the |
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81 | 68 | | proposition: "The constitutional amendment providing for the |
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82 | 69 | | dedication of certain sales and use tax revenue to the Texas mental |
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83 | 70 | | and behavioral health research fund established to fund research, |
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84 | 71 | | treatment, and access to services in this state for behavioral |
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85 | 72 | | health, mental health, and substance use and addiction issues." |
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