Texas 2023 - 88th Regular

Texas Senate Bill SB1677 Compare Versions

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11 S.B. No. 1677
22
33
44 AN ACT
55 relating to the establishment and administration of Health and
66 Human Services Commission programs providing mental health
77 services to certain individuals in this state.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 531.0991, Government Code, is amended by
1010 adding Subsection (e-1) to read as follows:
1111 (e-1) If the commission is appropriated money to implement
1212 this section for a state fiscal year in an amount that exceeds the
1313 total amount of grants awarded under this section in the previous
1414 state fiscal year, the commission, in selecting grant recipients
1515 for the excess amount, must accept applications or proposals from
1616 applicants that were not selected as grant recipients under this
1717 section in the previous state fiscal year or applicants that were
1818 selected as grant recipients but require additional funding for the
1919 recipient's community mental health program for purposes of this
2020 section.
2121 SECTION 2. Section 531.0993, Government Code, is amended by
2222 adding Subsections (d-1) and (d-2) to read as follows:
2323 (d-1) The commission shall establish procedures to assist a
2424 community collaborative that includes a county with a population of
2525 less than 250,000 with submission of a petition under Subsection
2626 (d).
2727 (d-2) If the commission is appropriated money to implement
2828 this section for a state fiscal year in an amount that exceeds the
2929 total amount of grants awarded under this section in the previous
3030 state fiscal year, the commission, in selecting grant recipients
3131 for the excess amount, must accept petitions from community
3232 collaboratives that were not selected as grant recipients under
3333 this section in the previous state fiscal year or collaboratives
3434 that were selected as grant recipients in the previous state fiscal
3535 year but require additional funding for the recipient's
3636 collaborative for purposes of this section.
3737 SECTION 3. Subchapter B, Chapter 531, Government Code, is
3838 amended by adding Section 531.09936 to read as follows:
3939 Sec. 531.09936. ESTABLISHMENT OR EXPANSION OF REGIONAL
4040 BEHAVIORAL HEALTH CENTERS OR JAIL DIVERSION CENTERS. (a) In this
4141 section:
4242 (1) "Governmental entity" means this state, a
4343 political subdivision of this state, or an agency of this state or a
4444 political subdivision of this state.
4545 (2) "Local mental health authority" has the meaning
4646 assigned by Section 531.002, Health and Safety Code.
4747 (3) "Nonprofit organization" means an organization
4848 that is exempt from federal income taxation under Section 501(a),
4949 Internal Revenue Code of 1986, by being listed as an exempt entity
5050 under Section 501(c)(3) of that code.
5151 (b) To the extent money is appropriated to the commission
5252 for that purpose, the commission, in cooperation with local mental
5353 health authorities located primarily in rural areas of this state,
5454 shall contract with nonprofit organizations or governmental
5555 entities to establish or expand behavioral health centers or jail
5656 diversion centers in the authorities' local service areas to:
5757 (1) provide additional forensic hospital beds and
5858 competency restoration services;
5959 (2) provide inpatient and outpatient mental health
6060 services to adults and children; and
6161 (3) provide services to reduce recidivism and the
6262 frequency of arrest, incarceration, and emergency detentions among
6363 persons with mental illness in the service areas.
6464 (c) The executive commissioner shall develop criteria for
6565 the evaluation of applications or proposals submitted by a
6666 nonprofit organization or governmental entity seeking to contract
6767 with the commission under this section.
6868 (d) This section may not be construed to affect a grant
6969 program established by the commission under this code.
7070 SECTION 4. (a) The state auditor's office shall conduct an
7171 audit of the inmates in county jails who are waiting for a forensic
7272 hospital bed for the provision of competency restoration services.
7373 The audit must identify any issues and inefficiencies in the
7474 commitment process.
7575 (b) Not later than December 1, 2024, the state auditor shall
7676 prepare a report of the audit conducted under Subsection (a) of this
7777 section and publish the report on the state auditor's Internet
7878 website. The report must include:
7979 (1) a review of the history and status of the waitlist
8080 beginning September 2018 through the most current year for which
8181 information is available;
8282 (2) any disparities in treatment in the forensic
8383 commitment process based on race, gender, ethnicity, or age; and
8484 (3) any other analysis the state auditor determines
8585 appropriate.
8686 (c) This section expires September 1, 2025.
8787 SECTION 5. As soon as practicable after the effective date
8888 of this Act, the executive commissioner of the Health and Human
8989 Services Commission shall adopt rules necessary to implement
9090 Sections 531.0993(d-1) and 531.09936, Government Code, as added by
9191 this Act.
9292 SECTION 6. This Act takes effect September 1, 2023.
9393 ______________________________ ______________________________
9494 President of the Senate Speaker of the House
9595 I hereby certify that S.B. No. 1677 passed the Senate on
9696 May 4, 2023, by the following vote: Yeas 31, Nays 0;
9797 May 26, 2023, Senate refused to concur in House amendments and
9898 requested appointment of Conference Committee; May 26, 2023, House
9999 granted request of the Senate; May 28, 2023, Senate adopted
100100 Conference Committee Report by the following vote: Yeas 29,
101101 Nays 2.
102102 ______________________________
103103 Secretary of the Senate
104104 I hereby certify that S.B. No. 1677 passed the House, with
105105 amendments, on May 19, 2023, by the following vote: Yeas 142,
106106 Nays 0, two present not voting; May 26, 2023, House granted request
107107 of the Senate for appointment of Conference Committee;
108108 May 28, 2023, House adopted Conference Committee Report by the
109109 following vote: Yeas 134, Nays 8, two present not voting.
110110 ______________________________
111111 Chief Clerk of the House
112112 Approved:
113113 ______________________________
114114 Date
115115 ______________________________
116116 Governor