88R8554 MPF-F
By: Menéndez S.B. No. 2452
A BILL TO BE ENTITLED
AN ACT
relating to the provision of behavioral health crisis services,
including the establishment of crisis centers and mobile crisis
teams; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 531, Government Code, is amended by
adding Subchapter P to read as follows:
SUBCHAPTER P. BEHAVIORAL HEALTH CRISIS SERVICES
Sec. 531.601. DEFINITIONS. In this subchapter:
(1) "Crisis center" means a state-designated 988
Suicide & Crisis Lifeline center participating in the National
Suicide Prevention Lifeline network to respond to statewide or
regional communications.
(2) "Mobile crisis team" means a regionally located
multidisciplinary response behavioral health team.
Sec. 531.602. 988 SUICIDE AND CRISIS LIFELINE ADVISORY
COMMITTEE. (a) The 988 suicide and crisis lifeline advisory
committee is established to advise the commission and make
recommendations regarding implementing a state-designated 988
suicide and crisis lifeline.
(b) The advisory committee is composed of representatives
of the following:
(1) a crisis center;
(2) a 9-1-1 call center;
(3) a local mental health authority;
(4) the Department of Public Safety of the State of
Texas;
(5) a hospital emergency department;
(6) a state court;
(7) an individual or family member or caregiver of an
individual who has lived experience with suicide prevention or
usage of behavioral health crisis services; and
(8) a behavioral health crisis service provider.
(c) The executive commissioner shall appoint members to the
advisory committee.
Sec. 531.603. ESTABLISHMENT OF CRISIS CENTERS AND MOBILE
CRISIS TEAMS. (a) The commission shall establish:
(1) at least one crisis center to provide crisis
stabilization services to individuals in this state who are
accessing the 988 Suicide & Crisis Lifeline; and
(2) mobile crisis teams to respond to behavioral
health crises and provide crisis stabilization services.
(b) In establishing a crisis center, the executive
commissioner shall adopt rules to allow information sharing and
communication between a crisis center and a mobile crisis team to
enhance crisis care coordination.
(c) In establishing a mobile crisis team, the commission
must:
(1) design the team in partnership with members of the
community to be served, including people with lived experience
using crisis services;
(2) staff the team with personnel who reflect the
demographics of the community served; and
(3) require the team to collect customer service data
from individuals served by the team.
Sec. 531.604. CRISIS CENTER POWERS AND DUTIES. (a) A
crisis center established by the commission shall:
(1) contract with the 988 Suicide & Crisis Lifeline;
(2) satisfy the requirements of and best practices
identified by the 988 Suicide & Crisis Lifeline;
(3) provide and report any applicable data;
(4) be equipped to deploy a mobile crisis team;
(5) satisfy the requirements for serving at-risk and
specialized populations as identified by the Substance Abuse and
Mental Health Services Administration;
(6) provide linguistically and culturally competent
care, including by requiring training and providing policies for
transferring a crisis center caller to an appropriate specialized
center within the 988 Suicide & Crisis Lifeline network; and
(7) provide follow-up services to individuals who call
the crisis center.
(b) The executive commissioner shall adopt rules to allow
appropriate information sharing and communication across crisis
response systems and emergency response systems to provide
real-time crisis care coordination.
Sec. 531.605. SERVING AT-RISK AND SPECIALIZED POPULATIONS.
A crisis center shall serve at-risk and specialized populations as
identified by the Substance Abuse and Mental Health Services
Administration. The populations served must include the LGBTQ
community, youth, minorities, individuals residing in rural areas,
veterans, American Indians, Alaska Natives, and individuals with
co-occurring substance use disorder and mental illness.
Sec. 531.606. CRISIS CARE COORDINATION. (a) The
commission shall ensure that an individual who contacts a crises
center is provided ongoing care through active collaboration and
coordination of services among crisis centers and mental health and
substance use disorder treatment providers, community mental
health centers, certified community behavioral health clinics,
community behavioral health centers, mobile crisis teams, hospital
emergency departments, and inpatient psychiatric settings.
(b) The commission may contract with the entities listed
under Subsection (a) to ensure the coordination of services.
Sec. 531.607. 988 SUICIDE AND CRISIS LIFELINE TRUST FUND.
(a) The 988 suicide and crisis lifeline trust fund is established
as a trust fund to be held by the comptroller outside the state
treasury and administered by the commission.
(b) The trust fund consists of:
(1) revenue derived from the fee described by Section
531.608;
(2) legislative appropriations of money for the
purposes of this subchapter;
(3) available federal funding this state allocates for
the purposes of the 988 Suicide & Crisis Lifeline;
(4) gifts, grants, and donations received by this
state for the purposes of the trust fund;
(5) interest, dividends, and other income of the trust
fund; and
(6) money from any other source that is deposited in or
transferred to the trust fund.
(c) Money deposited in the trust fund may only be used to:
(1) implement, maintain, or improve the 988 Suicide &
Crisis Lifeline, including personnel and technological
infrastructure improvements necessary to achieve operational and
clinical standards and best practices as provided by the National
Suicide Prevention Lifeline;
(2) provide funding for crisis outreach and
stabilization services by directly responding to the 988 Suicide &
Crisis Lifeline;
(3) provide funding for uninsured individuals
receiving crisis and stabilization services;
(4) provide personnel for crisis centers and mobile
crisis teams;
(5) fund data provision, reporting, participation in
evaluations, and other related quality improvement activities; and
(6) administer, oversee, and evaluate the trust fund.
(d) The state may not transfer or use trust fund assets for
any purpose other than the uses provided in this subchapter.
(e) The executive commissioner shall submit an annual
report to the legislature and the Federal Communications Commission
detailing the trust fund deposits and expenditures in the preceding
year.
Sec. 531.608. 988 SUICIDE AND CRISIS LIFELINE FEE. (a) The
commission may impose a 988 suicide and crisis lifeline service fee
to supplement any federal, state, or local funding for suicide
prevention or behavioral health crisis services on each:
(1) local exchange access line or equivalent local
exchange access line, not including public telephone equipment
operated by coin or by card reader;
(2) wireless telecommunications connection;
(3) Voice over Internet Protocol service connection;
and
(4) purchase of a prepaid wireless telecommunications
service by any method.
(b) The executive commissioner by rule shall set the fee in
an amount sufficient to cover the costs of creating, operating, and
maintaining the suicide prevention services provided under this
subchapter, according to the national guidelines for crisis
services. The commission shall periodically adjust the fee amount
as necessary to provide for continuous operation, volume increases,
and maintenance.
(c) Revenue from the fee shall be deposited in the 988
suicide and crisis lifeline trust fund established under Section
531.607.
(d) A fee collected under this section may only be used to
offset costs as provided by 47 U.S.C. Section 251a.
(e) Revenue from the fee may not be used for expenses that
are:
(1) reimbursable through Medicaid, Medicare, or
another insurer or governmental program; or
(2) covered because the service recipient's name and
health coverage information cannot be obtained or billed.
(f) The executive commissioner shall submit an annual
report to the legislature and the Federal Communications Commission
detailing the revenue generated by the fee in the preceding year.
Sec. 531.609. ANNUAL REPORT. (a) The commission shall
prepare an annual report of the usage of crisis centers and the
services provided by the centers.
(b) The commission shall present the annual report to the
legislature and the Substance Abuse and Mental Health Services
Administration.
SECTION 2. This Act takes effect September 1, 2023.