Texas 2019 - 86th Regular

Texas Senate Bill SB632 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 632
	1	+	86R31011 JG-D
	2	+	By: Kolkhorst, et al. S.B. No. 632
	3	+	(Price)
	4	+	Substitute the following for S.B. No. 632: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the composition of the governing bodies and the
6	10		consultation policies of local mental health authorities with
7	11		respect to sheriffs, their representatives, and local law
8	12		enforcement agencies.
9	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	14		SECTION 1. Subchapter B, Chapter 533, Health and Safety
11	15		Code, is amended by adding Section 533.0351 to read as follows:
12	16		Sec. 533.0351. REQUIRED COMPOSITION OF LOCAL MENTAL HEALTH
13	17		AUTHORITY GOVERNING BODY. (a) If a local mental health authority
14	18		has a governing body, the governing body must include:
15	19		(1) for a local authority that serves only one county,
16	20		the sheriff of the county as an ex officio nonvoting member; and
17	21		(2) for a local authority that serves two or more
18	22		counties, two sheriffs chosen in accordance with Subsection (b) as
19	23		ex officio nonvoting members.
20	24		(b) A local mental health authority that serves two or more
21	25		counties shall take the median population size of each of those
22	26		counties and choose:
23	27		(1) one sheriff of a county with a population above the
24	28		median population size to serve as an ex officio nonvoting member
25	29		under Subsection (a); and
26	30		(2) one sheriff of a county with a population below the
27	31		median population size to serve as an ex officio nonvoting member
28	32		under Subsection (a).
29	33		(c) A sheriff may designate a representative to serve in the
30	34		sheriff's place as an ex officio nonvoting member under Subsection
31		-	(a). Except as provided by Subsection (c-1), a sheriff or
32		-	representative of the sheriff serves as an ex officio nonvoting
33		-	member under Subsection (a) for the duration of the applicable
34		-	sheriff's term in office.
35		-	(c-1) A local mental health authority may rotate the
36		-	positions of ex officio nonvoting members as chosen in accordance
37		-	with Subsection (b) among the other sheriffs of the counties served
38		-	by the local authority. A local authority shall consult with each
39		-	sheriff of the counties served by the local authority in rotating
40		-	the positions of ex officio nonvoting members under this
41		-	subsection.
	35	+	(a). A sheriff or representative of the sheriff serves as an ex
	36	+	officio nonvoting member under Subsection (a) for the duration of
	37	+	the applicable sheriff's term in office.
42	38		(d) A local mental health authority may not bar or restrict
43	39		a sheriff or representative of a sheriff who serves as an ex officio
44	40		nonvoting member under Subsection (a) from speaking or providing
45	41		input at a meeting of the local authority's governing body.
46	42		(e) If a local mental health authority does not have a
47	43		governing body, the local authority shall:
48	44		(1) for a local authority that serves only one county,
49	45		consult with the sheriff of the county or a representative of the
50	46		sheriff regarding the use of funds received under Section
51	47		533.035(b); or
52	48		(2) for a local authority that serves two or more
53	49		counties, take the median population size of each of those counties
54	50		and consult with both:
55	51		(A) a sheriff or a representative of a sheriff of
56	52		a county with a population above the median population size
57	53		regarding the use of funds received under Section 533.035(b); and
58	54		(B) a sheriff or a representative of a sheriff of
59	55		a county with a population below the median population size
60	56		regarding the use of funds received under Section 533.035(b).
61	57		(f) This section does not prevent a sheriff or
62	58		representative of a sheriff from being included in the governing
63	59		body of a local mental health authority as a voting member of the
64	60		body.
65	61		SECTION 2. Section 533.0352(d), Health and Safety Code, is
66	62		amended to read as follows:
67	63		(d) In developing the local service area plan, the local
68	64		mental health authority shall:
69	65		(1) solicit information regarding community needs
70	66		from:
71	67		(A) representatives of the local community;
72	68		(B) consumers of community-based mental health
73	69		services and members of the families of those consumers; [and]
74	70		(C) local law enforcement agencies; and
75	71		(D) other interested persons; and
76	72		(2) consider:
77	73		(A) criteria for assuring accountability for,
78	74		cost-effectiveness of, and relative value of service delivery
79	75		options;
80	76		(B) goals to minimize the need for state hospital
81	77		and community hospital care;
82	78		(C) goals to divert consumers of services from
83	79		the criminal justice system;
84	80		(D) goals to ensure that a child with mental
85	81		illness remains with the child's parent or guardian as appropriate
86	82		to the child's care; and
87	83		(E) opportunities for innovation in services and
88	84		service delivery.
89	85		SECTION 3. Section 534.002, Health and Safety Code, is
90	86		amended to read as follows:
91	87		Sec. 534.002. BOARD OF TRUSTEES FOR CENTER ESTABLISHED BY
92	88		ONE LOCAL AGENCY. (a) The board of trustees of a community center
93	89		established by one local agency is composed of:
94	90		(1) the members of the local agency's governing body;
95	91		[or]
96	92		(2) not fewer than five or more than nine qualified
97	93		voters who reside in the region to be served by the center and who
98	94		are appointed by the local agency's governing body; and
99	95		(3) a sheriff or a representative of a sheriff of a
100	96		county in the region served by the community center who is appointed
101	97		by the local agency's governing body to serve as an ex officio
102	98		nonvoting member.
103	99		(b) If a qualified voter appointed to a community center
104	100		under Subsection (a)(2) is the sheriff of the only county in the
105	101		region served by a community center, Subsection (a)(3) does not
106	102		apply.
107	103		(c) If a qualified voter appointed to a community center
108	104		under Subsection (a)(2) is a sheriff of a county in the region
109	105		served by a community center and the region served by the community
110	106		center consists of more than one county, under Subsection (a)(3)
111	107		the local agency's governing body shall appoint a sheriff or a
112	108		representative of a sheriff from a different county in the region
113	109		served by the community center.
114	110		(d) Subsection (a)(3) does not prevent a sheriff or
115	111		representative of a sheriff from being included on the board of
116	112		trustees of a community center as a voting member of the board.
117	113		SECTION 4. Section 534.003, Health and Safety Code, is
118	114		amended by amending Subsection (a) and adding Subsections (a-1) and
119	115		(a-2) to read as follows:
120	116		(a) Except as provided by Subsection (a-1), the [The] board
121	117		of trustees of a community center established by an organizational
122	118		combination of local agencies is composed of not fewer than five or
123	119		more than 13 members.
124	120		(a-1) In addition to the members described by Subsection
125	121		(a), the board of trustees of a community center must include:
126	122		(1) if the region served by the community center
127	123		consists of only one county, the sheriff of that county or a
128	124		representative of the sheriff to serve as an ex officio nonvoting
129	125		member; or
130	126		(2) if the region served by the community center
131	127		consists of more than one county, sheriffs from at least two of the
132	128		counties in the region served by the community center or
133	129		representatives of the sheriffs to serve as ex officio nonvoting
134	130		members.
135	131		(a-2) Subsection (a-1) does not prevent a sheriff or
136	132		representative of a sheriff from being included on the board of
137	133		trustees of a community center as a voting member of the board.
138	134		SECTION 5. If the governing body of a local mental health
139	135		authority established under Chapter 533, Health and Safety Code, or
140	136		the board of trustees of a community center established under
141	137		Chapter 534, Health and Safety Code, includes a sheriff or
142	138		representative of a sheriff as a voting member of the governing body
143	139		or board of trustees before the effective date of this Act, the
144	140		sheriff or representative of the sheriff may continue to serve as a
145	141		voting member of the governing body or board of trustees after the
146	142		effective date of this Act.
147	143		SECTION 6. This Act takes effect September 1, 2019.
148		-	______________________________ ______________________________
149		-	President of the Senate Speaker of the House
150		-	I hereby certify that S.B. No. 632 passed the Senate on
151		-	March 26, 2019, by the following vote: Yeas 31, Nays 0; and that
152		-	the Senate concurred in House amendments on May 23, 2019, by the
153		-	following vote: Yeas 31, Nays 0.
154		-	______________________________
155		-	Secretary of the Senate
156		-	I hereby certify that S.B. No. 632 passed the House, with
157		-	amendments, on May 21, 2019, by the following vote: Yeas 140,
158		-	Nays 1, two present not voting.
159		-	______________________________
160		-	Chief Clerk of the House
161		-	Approved:
162		-	______________________________
163		-	Date
164		-	______________________________
165		-	Governor