1 | 1 | | S.B. No. 1677 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the establishment and administration of Health and |
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6 | 6 | | Human Services Commission programs providing mental health |
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7 | 7 | | services to certain individuals in this state. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 531.0991, Government Code, is amended by |
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10 | 10 | | adding Subsection (e-1) to read as follows: |
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11 | 11 | | (e-1) If the commission is appropriated money to implement |
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12 | 12 | | this section for a state fiscal year in an amount that exceeds the |
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13 | 13 | | total amount of grants awarded under this section in the previous |
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14 | 14 | | state fiscal year, the commission, in selecting grant recipients |
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15 | 15 | | for the excess amount, must accept applications or proposals from |
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16 | 16 | | applicants that were not selected as grant recipients under this |
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17 | 17 | | section in the previous state fiscal year or applicants that were |
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18 | 18 | | selected as grant recipients but require additional funding for the |
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19 | 19 | | recipient's community mental health program for purposes of this |
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20 | 20 | | section. |
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21 | 21 | | SECTION 2. Section 531.0993, Government Code, is amended by |
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22 | 22 | | adding Subsections (d-1) and (d-2) to read as follows: |
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23 | 23 | | (d-1) The commission shall establish procedures to assist a |
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24 | 24 | | community collaborative that includes a county with a population of |
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25 | 25 | | less than 250,000 with submission of a petition under Subsection |
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26 | 26 | | (d). |
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27 | 27 | | (d-2) If the commission is appropriated money to implement |
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28 | 28 | | this section for a state fiscal year in an amount that exceeds the |
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29 | 29 | | total amount of grants awarded under this section in the previous |
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30 | 30 | | state fiscal year, the commission, in selecting grant recipients |
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31 | 31 | | for the excess amount, must accept petitions from community |
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32 | 32 | | collaboratives that were not selected as grant recipients under |
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33 | 33 | | this section in the previous state fiscal year or collaboratives |
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34 | 34 | | that were selected as grant recipients in the previous state fiscal |
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35 | 35 | | year but require additional funding for the recipient's |
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36 | 36 | | collaborative for purposes of this section. |
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37 | 37 | | SECTION 3. Subchapter B, Chapter 531, Government Code, is |
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38 | 38 | | amended by adding Section 531.09936 to read as follows: |
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39 | 39 | | Sec. 531.09936. ESTABLISHMENT OR EXPANSION OF REGIONAL |
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40 | 40 | | BEHAVIORAL HEALTH CENTERS OR JAIL DIVERSION CENTERS. (a) In this |
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41 | 41 | | section: |
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42 | 42 | | (1) "Governmental entity" means this state, a |
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43 | 43 | | political subdivision of this state, or an agency of this state or a |
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44 | 44 | | political subdivision of this state. |
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45 | 45 | | (2) "Local mental health authority" has the meaning |
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46 | 46 | | assigned by Section 531.002, Health and Safety Code. |
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47 | 47 | | (3) "Nonprofit organization" means an organization |
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48 | 48 | | that is exempt from federal income taxation under Section 501(a), |
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49 | 49 | | Internal Revenue Code of 1986, by being listed as an exempt entity |
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50 | 50 | | under Section 501(c)(3) of that code. |
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51 | 51 | | (b) To the extent money is appropriated to the commission |
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52 | 52 | | for that purpose, the commission, in cooperation with local mental |
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53 | 53 | | health authorities located primarily in rural areas of this state, |
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54 | 54 | | shall contract with nonprofit organizations or governmental |
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55 | 55 | | entities to establish or expand behavioral health centers or jail |
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56 | 56 | | diversion centers in the authorities' local service areas to: |
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57 | 57 | | (1) provide additional forensic hospital beds and |
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58 | 58 | | competency restoration services; |
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59 | 59 | | (2) provide inpatient and outpatient mental health |
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60 | 60 | | services to adults and children; and |
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61 | 61 | | (3) provide services to reduce recidivism and the |
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62 | 62 | | frequency of arrest, incarceration, and emergency detentions among |
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63 | 63 | | persons with mental illness in the service areas. |
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64 | 64 | | (c) The executive commissioner shall develop criteria for |
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65 | 65 | | the evaluation of applications or proposals submitted by a |
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66 | 66 | | nonprofit organization or governmental entity seeking to contract |
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67 | 67 | | with the commission under this section. |
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68 | 68 | | (d) This section may not be construed to affect a grant |
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69 | 69 | | program established by the commission under this code. |
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70 | 70 | | SECTION 4. (a) The state auditor's office shall conduct an |
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71 | 71 | | audit of the inmates in county jails who are waiting for a forensic |
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72 | 72 | | hospital bed for the provision of competency restoration services. |
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73 | 73 | | The audit must identify any issues and inefficiencies in the |
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74 | 74 | | commitment process. |
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75 | 75 | | (b) Not later than December 1, 2024, the state auditor shall |
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76 | 76 | | prepare a report of the audit conducted under Subsection (a) of this |
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77 | 77 | | section and publish the report on the state auditor's Internet |
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78 | 78 | | website. The report must include: |
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79 | 79 | | (1) a review of the history and status of the waitlist |
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80 | 80 | | beginning September 2018 through the most current year for which |
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81 | 81 | | information is available; |
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82 | 82 | | (2) any disparities in treatment in the forensic |
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83 | 83 | | commitment process based on race, gender, ethnicity, or age; and |
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84 | 84 | | (3) any other analysis the state auditor determines |
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85 | 85 | | appropriate. |
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86 | 86 | | (c) This section expires September 1, 2025. |
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87 | 87 | | SECTION 5. As soon as practicable after the effective date |
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88 | 88 | | of this Act, the executive commissioner of the Health and Human |
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89 | 89 | | Services Commission shall adopt rules necessary to implement |
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90 | 90 | | Sections 531.0993(d-1) and 531.09936, Government Code, as added by |
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91 | 91 | | this Act. |
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92 | 92 | | SECTION 6. This Act takes effect September 1, 2023. |
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93 | 93 | | ______________________________ ______________________________ |
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94 | 94 | | President of the Senate Speaker of the House |
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95 | 95 | | I hereby certify that S.B. No. 1677 passed the Senate on |
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96 | 96 | | May 4, 2023, by the following vote: Yeas 31, Nays 0; |
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97 | 97 | | May 26, 2023, Senate refused to concur in House amendments and |
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98 | 98 | | requested appointment of Conference Committee; May 26, 2023, House |
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99 | 99 | | granted request of the Senate; May 28, 2023, Senate adopted |
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100 | 100 | | Conference Committee Report by the following vote: Yeas 29, |
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101 | 101 | | Nays 2. |
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102 | 102 | | ______________________________ |
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103 | 103 | | Secretary of the Senate |
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104 | 104 | | I hereby certify that S.B. No. 1677 passed the House, with |
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105 | 105 | | amendments, on May 19, 2023, by the following vote: Yeas 142, |
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106 | 106 | | Nays 0, two present not voting; May 26, 2023, House granted request |
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107 | 107 | | of the Senate for appointment of Conference Committee; |
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108 | 108 | | May 28, 2023, House adopted Conference Committee Report by the |
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109 | 109 | | following vote: Yeas 134, Nays 8, two present not voting. |
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110 | 110 | | ______________________________ |
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111 | 111 | | Chief Clerk of the House |
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112 | 112 | | Approved: |
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113 | 113 | | ______________________________ |
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114 | 114 | | Date |
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115 | 115 | | ______________________________ |
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116 | 116 | | Governor |
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