By: Frazier H.B. No. 3858
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of mental health wellness units
within law enforcement agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 425 to read as follows:
CHAPTER 425. LAW ENFORCEMENT AGENCY MENTAL HEALTH WELLNESS UNITS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 425.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Fund" means the peace officer mental health fund.
(3) "Law enforcement agency" means the Department of
Public Safety or a political subdivision authorized by law to
employ peace officers under Article 2.12, Code of Criminal
Procedure.
SUBCHAPTER B. MENTAL HEALTH WELLNESS UNITS
Sec. 425.051. ESTABLISHMENT OF WELLNESS UNITS. Each law
enforcement agency shall establish and maintain a mental health
wellness unit within the agency for the agency's peace officers.
Sec. 425.052. WELLNESS UNIT REQUIREMENTS. A wellness unit
established under this subchapter shall:
(1) identify peace officers that respond to a violent
incident that may result in a loss of life, including a homicide,
suicide, or fatal motor vehicle accident;
(2) require a representative of the wellness unit to
communicate with and monitor the mental health of an officer
identified under Subdivision(1) , when feasible;
(3) maintain and provide a list of verified
counselors, therapists, and support resources available to an
officer identified under Subdivision (1) who agrees to services
through the wellness unit; and
(4) include any additional requirements the
commission determines are necessary to implement this subchapter.
SUBCHAPTER C. PEACE OFFICER MENTAL HEALTH FUND AND GRANT PROGRAM
Sec. 425.101. FUND. (a) The peace officer mental health
fund is an account in the general revenue fund.
(b) The fund is composed of:
(1) money appropriated to the fund by the legislature;
(2) gifts and grants contributed to the fund; and
(3) the earnings of the fund.
(c) Money in the fund may be appropriated only to the
commission. The commission may use the money only for making grants
under Section 425.102.
Sec. 425.102. PEACE OFFICER MENTAL HEALTH GRANT PROGRAM.
(a) The commission shall establish and administer a grant program
to assist local law enforcement agencies in establishing and
maintaining mental health wellness units within the agencies as
required under Subchapter B.
(b) The commission shall establish:
(1) eligibility criteria for grant applicants;
(2) grant application procedures;
(3) guidelines relating to grant amounts;
(4) procedures for evaluating grant applications; and
(5) procedures for monitoring the use of a grant
awarded under the program and ensuring compliance with any
condition of a grant.
SECTION 2. Not later than January 1, 2024, the executive
commissioner of the Health and Human Services Commission shall
prescribe any necessary requirements for mental health wellness
units established under Chapter 425, Government Code, as added by
this Act.
SECTION 3. Notwithstanding Subchapter B, Chapter 425,
Government Code, as added by this Act, a law enforcement agency is
not required to establish a mental health wellness unit under that
subchapter until September 1, 2024.
SECTION 4. This Act takes effect September 1, 2023.