By: Kolkhorst, Creighton S.B. No. 632
A BILL TO BE ENTITLED
AN ACT
relating to the composition of the governing bodies and the
consultation policies of local mental health authorities with
respect to sheriffs, their representatives, and local law
enforcement agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 533, Health and Safety
Code, is amended by adding Section 533.0351 to read as follows:
Sec. 533.0351. REQUIRED COMPOSITION OF LOCAL MENTAL HEALTH
AUTHORITY GOVERNING BODY. (a) If a local mental health authority
has a governing body, the governing body must include as an ex
officio nonvoting member a sheriff or a representative of a sheriff
of a county in the local authority's service area. Except as
provided by Subsection (b), the sheriff or representative described
by this subsection serves as an ex officio member of the governing
body for the duration of the sheriff's term in office.
(b) If there are two or more counties in a local mental
health authority's service area, the position of ex officio
nonvoting member described by Subsection (a) must rotate among the
sheriffs of those counties as determined by the local authority. A
local mental health authority shall consider the recommendations of
the sheriffs in the local authority's service area in making a
determination under this subsection.
(c) If a local mental health authority does not have a
governing body, the local authority shall consult with a sheriff or
a representative of a sheriff of a county in the local authority's
service area regarding the use of the funds received under Section
533.035(b).
(d) This section does not prevent a sheriff or
representative of a sheriff from being included in the governing
body of a local mental health authority as a voting member of the
body.
SECTION 2. Section 533.0352(d), Health and Safety Code, is
amended to read as follows:
(d) In developing the local service area plan, the local
mental health authority shall:
(1) solicit information regarding community needs
from:
(A) representatives of the local community;
(B) consumers of community-based mental health
services and members of the families of those consumers; [and]
(C) local law enforcement agencies; and
(D) other interested persons; and
(2) consider:
(A) criteria for assuring accountability for,
cost-effectiveness of, and relative value of service delivery
options;
(B) goals to minimize the need for state hospital
and community hospital care;
(C) goals to divert consumers of services from
the criminal justice system;
(D) goals to ensure that a child with mental
illness remains with the child's parent or guardian as appropriate
to the child's care; and
(E) opportunities for innovation in services and
service delivery.
SECTION 3. Section 534.002, Health and Safety Code, is
amended to read as follows:
Sec. 534.002. BOARD OF TRUSTEES FOR CENTER ESTABLISHED BY
ONE LOCAL AGENCY. (a) The board of trustees of a community center
established by one local agency is composed of:
(1) the members of the local agency's governing body;
[or]
(2) not fewer than five or more than nine qualified
voters who reside in the region to be served by the center and who
are appointed by the local agency's governing body; and
(3) a sheriff or a representative of a sheriff of a
county in the region served by the community center who is appointed
by the local agency's governing body to serve as an ex officio
nonvoting member.
(b) If a qualified voter appointed to a community center
under Subsection (a)(2) is the sheriff of the only county in the
region served by a community center, Subsection (a)(3) does not
apply.
(c) If a qualified voter appointed to a community center
under Subsection (a)(2) is a sheriff of a county in the region
served by a community center and the region served by the community
center consists of more than one county, under Subsection (a)(3)
the local agency's governing body shall appoint a sheriff or a
representative of a sheriff from a different county in the region
served by the community center.
(d) Subsection (a)(3) does not prevent a sheriff or
representative of a sheriff from being included on the board of
trustees of a community center as a voting member of the board.
SECTION 4. Section 534.003, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) Except as provided by Subsection (a-1), the [The] board
of trustees of a community center established by an organizational
combination of local agencies is composed of not fewer than five or
more than 13 members.
(a-1) In addition to the members described by Subsection
(a), the board of trustees of a community center must include:
(1) if the region served by the community center
consists of only one county, the sheriff of that county or a
representative of the sheriff to serve as an ex officio nonvoting
member; or
(2) if the region served by the community center
consists of more than one county, sheriffs from at least two of the
counties in the region served by the community center or
representatives of the sheriffs to serve as ex officio nonvoting
members.
(a-2) Subsection (a-1) does not prevent a sheriff or
representative of a sheriff from being included on the board of
trustees of a community center as a voting member of the board.
SECTION 5. If the governing body of a local mental health
authority established under Chapter 533, Health and Safety Code, or
the board of trustees of a community center established under
Chapter 534, Health and Safety Code, includes a sheriff or
representative of a sheriff as a voting member of the governing body
or board of trustees before the effective date of this Act, the
sheriff or representative of the sheriff may continue to serve as a
voting member of the governing body or board of trustees after the
effective date of this Act.
SECTION 6. This Act takes effect September 1, 2019.