S.B. No. 1677
AN ACT
relating to the establishment and administration of Health and
Human Services Commission programs providing mental health
services to certain individuals in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.0991, Government Code, is amended by
adding Subsection (e-1) to read as follows:
(e-1) If the commission is appropriated money to implement
this section for a state fiscal year in an amount that exceeds the
total amount of grants awarded under this section in the previous
state fiscal year, the commission, in selecting grant recipients
for the excess amount, must accept applications or proposals from
applicants that were not selected as grant recipients under this
section in the previous state fiscal year or applicants that were
selected as grant recipients but require additional funding for the
recipient's community mental health program for purposes of this
section.
SECTION 2. Section 531.0993, Government Code, is amended by
adding Subsections (d-1) and (d-2) to read as follows:
(d-1) The commission shall establish procedures to assist a
community collaborative that includes a county with a population of
less than 250,000 with submission of a petition under Subsection
(d).
(d-2) If the commission is appropriated money to implement
this section for a state fiscal year in an amount that exceeds the
total amount of grants awarded under this section in the previous
state fiscal year, the commission, in selecting grant recipients
for the excess amount, must accept petitions from community
collaboratives that were not selected as grant recipients under
this section in the previous state fiscal year or collaboratives
that were selected as grant recipients in the previous state fiscal
year but require additional funding for the recipient's
collaborative for purposes of this section.
SECTION 3. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.09936 to read as follows:
Sec. 531.09936. ESTABLISHMENT OR EXPANSION OF REGIONAL
BEHAVIORAL HEALTH CENTERS OR JAIL DIVERSION CENTERS. (a) In this
section:
(1) "Governmental entity" means this state, a
political subdivision of this state, or an agency of this state or a
political subdivision of this state.
(2) "Local mental health authority" has the meaning
assigned by Section 531.002, Health and Safety Code.
(3) "Nonprofit organization" means an 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.
(b) To the extent money is appropriated to the commission
for that purpose, the commission, in cooperation with local mental
health authorities located primarily in rural areas of this state,
shall contract with nonprofit organizations or governmental
entities to establish or expand behavioral health centers or jail
diversion centers in the authorities' local service areas to:
(1) provide additional forensic hospital beds and
competency restoration services;
(2) provide inpatient and outpatient mental health
services to adults and children; and
(3) provide services to reduce recidivism and the
frequency of arrest, incarceration, and emergency detentions among
persons with mental illness in the service areas.
(c) The executive commissioner shall develop criteria for
the evaluation of applications or proposals submitted by a
nonprofit organization or governmental entity seeking to contract
with the commission under this section.
(d) This section may not be construed to affect a grant
program established by the commission under this code.
SECTION 4. (a) The state auditor's office shall conduct an
audit of the inmates in county jails who are waiting for a forensic
hospital bed for the provision of competency restoration services.
The audit must identify any issues and inefficiencies in the
commitment process.
(b) Not later than December 1, 2024, the state auditor shall
prepare a report of the audit conducted under Subsection (a) of this
section and publish the report on the state auditor's Internet
website. The report must include:
(1) a review of the history and status of the waitlist
beginning September 2018 through the most current year for which
information is available;
(2) any disparities in treatment in the forensic
commitment process based on race, gender, ethnicity, or age; and
(3) any other analysis the state auditor determines
appropriate.
(c) This section expires September 1, 2025.
SECTION 5. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Sections 531.0993(d-1) and 531.09936, Government Code, as added by
this Act.
SECTION 6. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1677 passed the Senate on
May 4, 2023, by the following vote: Yeas 31, Nays 0;
May 26, 2023, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 26, 2023, House
granted request of the Senate; May 28, 2023, Senate adopted
Conference Committee Report by the following vote: Yeas 29,
Nays 2.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1677 passed the House, with
amendments, on May 19, 2023, by the following vote: Yeas 142,
Nays 0, two present not voting; May 26, 2023, House granted request
of the Senate for appointment of Conference Committee;
May 28, 2023, House adopted Conference Committee Report by the
following vote: Yeas 134, Nays 8, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor