Texas 2025 - 89th Regular

Texas House Bill HB5121 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3916 EAS-D
2	2	By: Harris Davila H.B. No. 5121
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to inpatient competency restoration services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
12	12	amended by adding Chapter 580 to read as follows:
13	13	CHAPTER 580. INPATIENT COMPETENCY RESTORATION SERVICES
14	14	Sec. 580.001. DEFINITIONS. In this chapter:
15	15	(1) "Commission" means the Health and Human Services
16	16	Commission.
17	17	(2) "Competency restoration" has the meaning assigned
18	18	by Article 46B.001, Code of Criminal Procedure.
19	19	(3) "Residential care facility" has the meaning
20	20	assigned by Section 591.003.
21	21	Sec. 580.002. APPLICABILITY. This chapter applies only to
22	22	a facility that contracts with the commission to provide inpatient
23	23	competency restoration services for an individual to stand trial in
24	24	accordance with Chapter 46B, Code of Criminal Procedure.
25	25	Sec. 580.003. MEMORANDUM OF UNDERSTANDING. The executive
26	26	commissioner by rule shall require each facility to which this
27	27	chapter applies to enter into a memorandum of understanding with
28	28	the county and municipality in which the facility is located and
29	29	each local mental health authority and local behavioral health
30	30	authority that operates in the county or municipality, as
31	31	applicable, to outline the respective powers and duties of the
32	32	parties with respect to inpatient competency restoration services.
33	33	Sec. 580.004. ANNUAL REPORT TO COMMISSION. (a) The
34	34	commission shall require each facility to which this chapter
35	35	applies to annually provide to the commission, in the form and
36	36	manner the commission requires, the following information for the
37	37	preceding year regarding individuals who received inpatient
38	38	competency restoration services at the facility:
39	39	(1) the total number of individuals who received
40	40	inpatient competency restoration services at the facility and the
41	41	number of those individuals who were restored to competency;
42	42	(2) for those individuals who were restored to
43	43	competency, the average number of days the individuals received
44	44	services at the facility;
45	45	(3) the number of individuals who were restored to
46	46	competency after receiving services at the facility for not more
47	47	than 60 days;
48	48	(4) the number of individuals who were not restored to
49	49	competency within the initial restoration period and for whom a
50	50	treatment extension was sought;
51	51	(5) the number of individuals who were not restored to
52	52	competency and who were transferred to an inpatient mental health
53	53	facility or residential care facility; and
54	54	(6) for individuals who were not restored to
55	55	competency, the average length of time between the date a
56	56	determination was made that an individual was not restored to
57	57	competency and the date the individual was transferred to an
58	58	inpatient mental health facility or residential care facility.
59	59	(b) The data in the report must be disaggregated by whether
60	60	the individual was charged with a misdemeanor or felony offense and
61	61	by any other appropriate demographic factors determined by the
62	62	commission.
63	63	Sec. 580.005. ANNUAL REPORT TO LEGISLATURE. Not later than
64	64	September 1 of each year, the commission shall prepare and submit to
65	65	the legislature a written report on inpatient competency
66	66	restoration services in this state for the preceding year. The
67	67	report must include:
68	68	(1) a performance evaluation of each facility to which
69	69	this chapter applies;
70	70	(2) aggregated demographic data on individuals who
71	71	received inpatient competency restoration services at a facility to
72	72	which this chapter applies, including the criminal offenses the
73	73	individuals were charged with, the individuals' countries of
74	74	origin, and the individuals' diagnoses, if applicable; and
75	75	(3) the overall cost of providing inpatient competency
76	76	restoration services at a facility to which this chapter applies
77	77	compared to the cost of:
78	78	(A) providing forensic inpatient competency
79	79	restoration services at a state hospital; and
80	80	(B) other competency restoration programs
81	81	managed by the commission.
82	82	SECTION 2. Notwithstanding Section 580.005, Health and
83	83	Safety Code, as added by this Act, the Health and Human Services
84	84	Commission is not required to submit the initial report required by
85	85	that section until September 1, 2027.
86	86	SECTION 3. This Act takes effect September 1, 2025.