Texas 2023 - 88th Regular

Texas House Bill HB4687 Compare Versions

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1	1	88R23803 MPF-F
2	2	By: Campos H.B. No. 4687
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of funding for the coordination of
8	8	mental health, substance use, and public health care services in
9	9	this state.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 403, Government Code, is amended by
12	12	adding Subchapter T to read as follows:
13	13	SUBCHAPTER T. MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC HEALTH
14	14	INITIATIVES
15	15	Sec. 403.601. DEFINITIONS. In this subchapter:
16	16	(1) "Council" means the mental health, substance use,
17	17	and public health initiative council established by Section
18	18	403.602.
19	19	(2) "Fund" means the mental health, substance use, and
20	20	public health initiative trust fund established by Section 403.603.
21	21	Sec. 403.602. MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC
22	22	HEALTH INITIATIVE COUNCIL. (a) The mental health, substance use,
23	23	and public health initiative council is established to ensure that
24	24	money allocated to the mental health, substance use, and public
25	25	health initiative trust fund is allocated fairly and spent to
26	26	improve the coordination among mental health, substance use, and
27	27	public health.
28	28	(b) The council is composed of the following 14 members:
29	29	(1) one member appointed by the governor who is a
30	30	current or retired health care operations professional with 10 or
31	31	more years of experience in matters of substance use, mental
32	32	health, and public health;
33	33	(2) one member appointed by the lieutenant governor
34	34	who is a current or retired health care operations professional
35	35	with 10 or more years of experience in matters of substance use,
36	36	mental health, and public health;
37	37	(3) one member appointed by the speaker of the house of
38	38	representatives who is a current or retired health care operations
39	39	professional with 10 or more years of experience in matters of
40	40	substance use, mental health, and public health;
41	41	(4) three members appointed by the executive
42	42	commissioner of the Health and Human Services Commission who are
43	43	from academia or the medical profession and have significant
44	44	experience in matters of substance use, mental health, and public
45	45	health;
46	46	(5) seven members appointed by the executive
47	47	commissioner of the Health and Human Services Commission as
48	48	follows:
49	49	(A) one member who is a current or former
50	50	employee of a rural hospital district;
51	51	(B) one member who is a current or former
52	52	employee of a local health authority;
53	53	(C) one member who is a current or former
54	54	employee of a local mental health authority, as defined by Section
55	55	531.002, Health and Safety Code;
56	56	(D) one member who is a current or former
57	57	employee of a federally qualified health center in this state;
58	58	(E) one member who has lived experience with a
59	59	mental health condition or substance abuse condition; and
60	60	(F) two members with at least 10 years of
61	61	experience working with a health philanthropy nonprofit
62	62	organization or foundation; and
63	63	(6) the comptroller or the comptroller's designee.
64	64	(c) The comptroller or the comptroller's designee serves as
65	65	the presiding officer of the council and is a nonvoting member.
66	66	(d) In making appointments under Subsection (b)(4), the
67	67	executive commissioner of the Health and Human Services Commission
68	68	shall appoint members from lists provided by the governing bodies
69	69	of six rural counties and six rural municipalities selected by the
70	70	executive commissioner with each list naming two qualified
71	71	candidates with experience in substance use treatment, education,
72	72	and research.
73	73	(e) In making appointments under Subsection (b), the
74	74	governor, lieutenant governor, and speaker of the house of
75	75	representatives shall coordinate to ensure that the membership of
76	76	the council reflects, to the extent possible, the ethnic and
77	77	geographic diversity of this state.
78	78	(f) The council is administratively attached to the
79	79	Department of State Health Services. The Department of State Health
80	80	Services shall provide the staff and facilities necessary to assist
81	81	the council in performing its duties.
82	82	(g) A decision by the council to award a grant under Section
83	83	403.604 requires the unanimous approval of all members of the
84	84	council.
85	85	(h) The council is subject to Chapter 551.
86	86	Sec. 403.603. MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC
87	87	HEALTH INITIATIVE TRUST FUND. (a) The mental health, substance
88	88	use, and public health initiative trust fund is a trust fund
89	89	established outside the state treasury for the purposes of this
90	90	subchapter. The fund is not a part of this state's general funds.
91	91	(b) The fund is administered by the Texas Treasury
92	92	Safekeeping Trust Company. The trust company may authorize money
93	93	from the fund to be invested with money from the state treasury.
94	94	The trust company may establish in the fund accounts to facilitate
95	95	the administration of money in the fund.
96	96	(c) The fund consists of:
97	97	(1) an initial appropriation of money by the
98	98	legislature to the fund as permanent principal for the fund;
99	99	(2) any additional legislative appropriations of
100	100	money for the purposes of the fund;
101	101	(3) interest or other earnings on money credited to or
102	102	allocable to the fund; and
103	103	(4) money from gifts, grants, or donations to the
104	104	fund.
105	105	(d) The money initially appropriated by the legislature as
106	106	permanent principal for the fund may not be used for any purpose
107	107	other than to gain interest or other investment earnings.
108	108	(e) Money in the fund gained as interest or other earnings
109	109	on the investment of the permanent principal of the fund may be used
110	110	only to:
111	111	(1) provide grants in accordance with Section 403.604;
112	112	and
113	113	(2) pay the necessary and reasonable expenses of
114	114	administering the fund.
115	115	(f) In making investments of money in the fund, the Texas
116	116	Treasury Safekeeping Trust Company shall exercise the judgment and
117	117	care under the circumstances then prevailing that a person of
118	118	ordinary prudence, discretion, and intelligence exercises in the
119	119	management of the person's own affairs.
120	120	(g) The Texas Treasury Safekeeping Trust Company may
121	121	appoint one or more commercial banks, depository trust companies,
122	122	or other similar entities to serve as the custodian of the fund.
123	123	Sec. 403.604. ESTABLISHMENT OF GRANT PROGRAM. (a) The
124	124	council shall establish a grant program to award grants for
125	125	programs that improve the coordination between substance use,
126	126	mental health, and public health care services in this state
127	127	providing services to individuals with co-occurring mental health
128	128	and substance use disorders.
129	129	(b) A program funded through a grant awarded under this
130	130	subchapter must improve the coordination between substance use,
131	131	mental health, and public health care services in the state
132	132	through:
133	133	(1) evidence-based preventative or therapeutic
134	134	measures, research, the implementation of new technology, data
135	135	collection, education programs, or capital improvements; and
136	136	(2) providing an efficient and cost-effective method
137	137	that is directed to support the coordination of personnel, capital
138	138	improvements, data interoperability, or long-term financial
139	139	sustainability of the mental health care, substance use, and public
140	140	health care providers.
141	141	(c) Annually, the council shall establish procedures for
142	142	submitting, accepting, and evaluating grant applications under
143	143	this subchapter.
144	144	(d) The council, in coordination with the statewide
145	145	behavioral health coordinating council established under
146	146	Subchapter M-1, Chapter 531, shall evaluate grant applications at
147	147	least biennially.
148	148	Sec. 403.605. REPORT. Not later than October 1 of each
149	149	year, the Texas Treasury Safekeeping Trust Company shall submit a
150	150	written report to the legislature detailing:
151	151	(1) all expenditures made by the council during the
152	152	preceding state fiscal year; and
153	153	(2) any amount of money greater than the initial
154	154	appropriation of permanent principal by the legislature that is
155	155	held in the fund.
156	156	Sec. 403.606. RULES. The council shall adopt rules to
157	157	implement this subchapter.
158	158	SECTION 2. As soon as practicable after the effective date
159	159	of this Act, the executive commissioner of the Health and Human
160	160	Services Commission, the governor, the lieutenant governor, and the
161	161	speaker of the house of representatives shall appoint the members
162	162	of the mental health, substance use, and public health initiative
163	163	council as provided by Section 403.602, Government Code, as added
164	164	by this Act.
165	165	SECTION 3. This Act takes effect immediately if it receives
166	166	a vote of two-thirds of all the members elected to each house, as
167	167	provided by Section 39, Article III, Texas Constitution. If this
168	168	Act does not receive the vote necessary for immediate effect, this
169	169	Act takes effect September 1, 2023.