Texas 2025 - 89th Regular

Texas House Bill HB4856 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Alders H.B. No. 4856
	2	+
	3	+
2	4
3	5
4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the governance of local mental health authorities and
7	9		the composition of the governing bodies of local mental health
8	10		authorities.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 533.035, Health and Safety Code, is
11	13		amended by adding Subsection (f) to read as follows:
12	14		(f) A local mental health authority shall make available a
13	15		monthly expense report in an electronic format, detailing every
14	16		expenditure as reasonably practical by the local mental health
15	17		authority, to each member of the governing body, including ex
16	18		officio nonvoting members.
17	19		SECTION 2. The heading to Section 533.0351, Health and
18	20		Safety Code, is amended to read as follows:
19	21		Sec. 533.0351. REQUIRED COMPOSITION AND GOVERNANCE OF LOCAL
20	22		MENTAL HEALTH AUTHORITY GOVERNING BODY.
21	23		SECTION 3. Section 533.0351, Health and Safety Code, is
22	24		amended by amending Subsections (a), (b), (c), and (c-1) and adding
23	25		Subsections (a-1), (a-2), and (c-2) to read as follows:
24	26		(a) Each [If a] local mental health authority must have
25	27		[has] a governing body.
26	28		(a-1) The[, the] governing body must include:
27	29		(1) for a local authority that serves only one county,
28	30		the sheriff of the county as an ex officio nonvoting member; and
29	31		(2) for a local authority that serves two or more
30	32		counties, two sheriffs chosen in accordance with Subsection (b) as
31	33		ex officio nonvoting members.
32	34		(a-2) At least one member of the governing board must be a
33	35		member of the public, have experience owning or operating a private
34	36		business, and not have served in elected office.
35	37		(b) In selecting sheriffs to serve as members under
36	38		Subsection (a-1)(2), a [A] local mental health authority that
37	39		serves two or more counties shall take the median population size of
38	40		each of those counties and choose:
39	41		(1) one sheriff of a county with a population above the
40	42		median population size to serve as an ex officio nonvoting member
41	43		under Subsection (a); and
42	44		(2) one sheriff of a county with a population below the
43	45		median population size to serve as an ex officio nonvoting member
44	46		under Subsection (a).
45	47		(c) A sheriff who is made a member of a governing body in
46	48		accordance with this section may designate a representative to
47	49		serve as a member of the body in the sheriff's place as an ex officio
48	50		nonvoting member under Subsection (a). Except as provided by
49	51		Subsection (c-1), a sheriff or the designated representative of the
50	52		sheriff serves as an ex officio nonvoting member under Subsection
51	53		(a) for the duration of the applicable sheriff's term in office.
52	54		(c-1) A local mental health authority may rotate the
53	55		positions of sheriffs who serve as ex officio nonvoting members
54	56		[as] chosen in accordance with Subsection (b) among the other
55	57		sheriffs of the counties served by the local authority. A local
56	58		authority shall consult with each sheriff of the counties served by
57	59		the local authority in rotating the positions of sheriffs serving
58	60		as ex officio nonvoting members under this subsection.
59	61		(c-2) A local mental health authority shall allow a sheriff
60	62		selected under this section to be a voting member of the governing
61	63		board upon request of the sheriff, pursuant to the sheriff agreeing
62	64		to comply with all standards and rules applicable to voting board
63	65		members.
64	66		(c-3) A person employed by a local mental health authority
65	67		may not serve as a member of the authority's governing body.
66	68		SECTION 4. Subchapter B, Chapter 533, Health and Safety
67	69		Code, is amended by adding Section 533.0355 to read as follows:
68	70		Sec. 533.0355. PROHIBITION ON DIVERSITY, EQUITY, AND
69	71		INCLUSION INITIATIVES IN LOCAL MENTAL HEALTH AUTHORITIES. (a) In
70	72		this section:
71	73		(1) "Diversity, equity, and inclusion initiative"
72	74		means an initiative that:
73	75		(A) is based on the belief that identity
74	76		classifications are central to understanding social, professional,
75	77		and political disparities;
76	78		(B) requires, encourages, or otherwise promotes
77	79		organizational practices such as employee hiring and promotion,
78	80		resource allocation, or policy formulation to achieve proportional
79	81		representation of identity classification groups or to eliminate
80	82		perceived systemic differences between them; or
81	83		(C) otherwise promotes discriminatory treatment
82	84		of a person on the basis of the person's identity classification.
83	85		(2) "Identity classification" means a classification
84	86		of a person based on the race, color, religion, national origin, or
85	87		ethnicity of the person.
86	88		(b) A local mental health authority may not, except to the
87	89		extent required by federal law:
88	90		(1) formulate, promote, or implement a diversity,
89	91		equity, and inclusion initiative; or
90	92		(2) give preference on the basis of an identity
91	93		classification to an applicant for employment, an employee, or a
92	94		participant in any function of the local mental health authority.
93	95		SECTION 5. Section 533.0351 (e), Health and Safety Code is
94	96		repealed.
95	97		SECTION 6. This Act takes effect September 1, 2025.