By: Thompson of Harris, et al. (Senate Sponsor - Kolkhorst) H.J.R. No. 5
(In the Senate - Received from the House April 16, 2019;
May 1, 2019, read first time and referred to Committee on Finance;
May 19, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 11, Nays 2; May 19, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.J.R. No. 5 By: Kolkhorst
HOUSE JOINT RESOLUTION
proposing a constitutional amendment 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 access to services in this state for behavioral
health, mental health, and substance use and addiction issues.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
adding Section 68 to read as follows:
Sec. 68. The Texas mental and behavioral health research
fund is established in the state treasury and consists of money
transferred or deposited to the fund as provided by Section 7-c,
Article VIII, of this constitution, appropriations made to the fund
by the legislature, and all interest, dividends, and other income
of the fund. Money from the fund may be used as provided by general
law for the purpose of funding programs:
(1) to research behavioral health issues generally,
including causes of behavioral health issues, public health trends
and strategies regarding behavioral health issues, and new
behavioral health treatments, interventions, and other solutions;
(2) to research substance use and addiction issues,
including genetic determinates of addiction, identification of and
mitigation of substance use and addiction risk factors, addiction
recovery, and prescription practices;
(3) to research behavioral health and mental health
issues affecting children and adolescents, including unidentified
and untreated mental illness, involvement in the juvenile justice
system, and suicide prevention; and
(4) to address the shortage of mental health
professionals in this state, including programs to increase access
to mental health professionals in this state, programs to increase
the use of telemedicine in the treatment of behavioral health or
mental health issues, and programs to provide loan repayment
assistance and other funding for mental health professionals,
including physicians and advanced practice nurses trained in the
prevention, diagnosis, and treatment of mental illness in children
and adolescents.
SECTION 2. Section 7-c, Article VIII, Texas Constitution,
is amended by adding Subsections (b-1), (d-1), and (d-2) to read as
follows:
(b-1) Subject to Subsections (d-1) and (d-2) of this
section, in each state fiscal year, the comptroller of public
accounts shall deposit to the credit of the Texas mental and
behavioral health research fund $100 million of the net revenue
derived from the imposition of the state sales and use tax on the
sale, storage, use, or other consumption in this state of taxable
items under Chapter 151, Tax Code, or its successor, that exceeds
the amount of $35.04 billion of that revenue coming into the
treasury for the state fiscal year beginning September 1, 2019, and
$36.16 billion of that revenue coming into the state treasury in
each subsequent state fiscal year.
(d-1) The legislature by adoption of a resolution approved
by a record vote of two-thirds of the members of each house of the
legislature may direct the comptroller of public accounts to reduce
the amount of money deposited to the credit of the Texas mental and
behavioral health research fund under Subsection (b-1) of this
section. The comptroller may be directed to make that reduction
only:
(1) in the state fiscal year in which the resolution is
adopted, or in either of the following two state fiscal years; and
(2) by an amount or percentage that does not result in
a reduction of more than 50 percent of the amount that would
otherwise be deposited to the fund in the affected state fiscal year
under Subsection (b-1) of this section.
(d-2) The duty of the comptroller of public accounts to make
a deposit under Subsection (b-1) of this section expires August 31,
2030.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2019.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment 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 access to services in this state for behavioral
health, mental health, and substance use and addiction issues."
* * * * *