88R11930 MPF-D
By: Jetton H.B. No. 2072
Substitute the following for H.B. No. 2072:
By: Klick C.S.H.B. No. 2072
A BILL TO BE ENTITLED
AN ACT
relating to eligibility for a grant to reduce recidivism, arrest,
and incarceration of individuals with mental illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.0993, Government Code, is amended by
amending Subsections (a), (b), (c), (c-1), (c-2), (d), (f-1), (g),
(h), and (i) and adding Subsection (a-1) to read as follows:
(a) In this section, "qualified entity" means a
county-based community collaborative or a nonprofit organization
that is exempt from federal income taxation under Section 501(a),
Internal Revenue Code of 1986, by being listed as an exempt entity
under Section 501(c)(3) of that code.
(a-1) The commission shall establish a program to provide
grants to qualified entities [county-based community
collaboratives] for the purposes of reducing:
(1) recidivism by, the frequency of arrests of, and
incarceration of persons with mental illness; and
(2) the total waiting time for forensic commitment of
persons with mental illness to a state hospital.
(b) A qualified entity that is a community collaborative may
petition the commission for a grant under the program only if the
collaborative includes a county, a local mental health authority
that operates in the county, and each hospital district, if any,
located in the county. A community collaborative may include other
local entities designated by the collaborative's members.
(c) The commission shall condition each grant provided to a
qualified entity [community collaborative] under this section on
the qualified entity [collaborative] providing funds from
non-state sources in a total amount at least equal to:
(1) 25 percent of the grant amount if the qualified
entity that is a community collaborative includes or the qualified
entity that is a nonprofit organization operates in a county with a
population of less than 100,000;
(2) 50 percent of the grant amount if the qualified
entity [collaborative] includes or operates in a county with a
population of 100,000 or more but less than 250,000;
(3) 100 percent of the grant amount if the qualified
entity [collaborative] includes or operates in a county with a
population of 250,000 or more; and
(4) the percentage of the grant amount otherwise
required by this subsection for the largest county included in the
qualified entity or within which the entity operates
[collaborative], if the qualified entity [collaborative] includes
or operates in more than one county.
(c-1) To raise the required non-state sourced funds, a
qualified entity [collaborative] may seek and receive gifts,
grants, or donations from any person.
(c-2) From [Beginning on or after September 1, 2018, from]
money appropriated to the commission for each fiscal year to
implement this section, the commission shall reserve at least 20
percent of that total to be awarded only as grants to a qualified
entity [community collaborative] that includes or operates in a
county with a population of less than 250,000.
(d) For each state fiscal year for which a qualified entity
[community collaborative] seeks a grant, the qualified entity
[collaborative] must submit a petition to the commission not later
than the 30th day of that fiscal year. The qualified entity
[community collaborative] must include with a petition:
(1) a statement indicating the amount of funds from
non-state sources the qualified entity [collaborative] is able to
provide; and
(2) a plan that:
(A) is endorsed by each of the qualified entity's
[collaborative's] member entities, for a qualified entity that is a
community collaborative;
(B) identifies a target population;
(C) describes how the grant money and funds from
non-state sources will be used;
(D) includes outcome measures to evaluate the
success of the plan; and
(E) describes how the success of the plan in
accordance with the outcome measures would further the state's
interest in the grant program's purposes.
(f-1) To [Beginning on or after September 1, 2018, to] the
extent money appropriated to the commission for a fiscal year to
implement this section remains available to the commission after
the commission selects grant recipients for the fiscal year, the
commission shall make grants available using the money remaining
for the fiscal year through a competitive request for proposal
process, without regard to the limitation provided by Subsection
(c-2).
(g) Not later than the 90th day after the last day of the
state fiscal year for which the commission distributes a grant
under this section, each qualified entity [community
collaborative] that receives a grant shall prepare and submit a
report describing the effect of the grant money and matching funds
in achieving the standard defined by the outcome measures in the
plan submitted under Subsection (d).
(h) The commission may make inspections of the operation and
provision of mental health services provided by a qualified entity
[community collaborative] to ensure state money appropriated for
the grant program is used effectively.
(i) The commission may not award a grant under this section
for a fiscal year to a qualified entity [community collaborative]
that includes or operates in a county with a population greater than
four million if the legislature appropriates money for a mental
health jail diversion program in the county for that fiscal year.
SECTION 2. Section 531.09935, Government Code, is amended
by amending Subsections (a), (b), (c), (d), (e), (g), and (h) and
adding Subsection (a-1) to read as follows:
(a) In this section, "qualified entity" means a
county-based community collaborative or a nonprofit organization
that is exempt from federal income taxation under Section 501(a),
Internal Revenue Code of 1986, by being listed as an exempt entity
under Section 501(c)(3) of that code.
(a-1) The commission shall establish a program to provide a
grant to a qualified entity [county-based community collaborative]
in the most populous county in this state for the purposes of
reducing:
(1) recidivism by, the frequency of arrests of, and
incarceration of persons with mental illness; and
(2) the total waiting time for forensic commitment of
persons with mental illness to a state hospital.
(b) A qualified entity that is a [The] community
collaborative may receive a grant under the program only if the
collaborative includes the county, a local mental health authority
that operates in the county, and each hospital district located in
the county. A community collaborative may include other local
entities designated by the collaborative's members.
(c) Not later than the 30th day of each fiscal year, the
commission shall make available to the qualified entity [community
collaborative] established in the county described by Subsection
(a-1) [(a)] a grant in an amount equal to the lesser of:
(1) the amount appropriated to the commission for that
fiscal year for a mental health jail diversion pilot program in that
county; or
(2) the entity's [collaborative's] available matching
funds.
(d) The commission shall condition a grant provided to the
qualified entity [community collaborative] under this section on
the entity [collaborative] providing funds from non-state sources
in a total amount at least equal to the grant amount.
(e) To raise the required non-state sourced funds, the
qualified entity [collaborative] may seek and receive gifts,
grants, or donations from any person.
(g) Not later than the 90th day after the last day of the
state fiscal year for which the commission distributes a grant
under this section, the qualified entity [community collaborative]
shall prepare and submit a report describing the effect of the grant
money and matching funds in fulfilling the purpose described by
Subsection (a-1) [(a)].
(h) The commission may make inspections of the operation and
provision of mental health services provided by the qualified
entity [community collaborative] to ensure state money
appropriated for the grant program is used effectively.
SECTION 3. This Act takes effect September 1, 2023.