89R3916 EAS-D
By: Harris Davila H.B. No. 5121
A BILL TO BE ENTITLED
AN ACT
relating to inpatient competency restoration services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
amended by adding Chapter 580 to read as follows:
CHAPTER 580. INPATIENT COMPETENCY RESTORATION SERVICES
Sec. 580.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Competency restoration" has the meaning assigned
by Article 46B.001, Code of Criminal Procedure.
(3) "Residential care facility" has the meaning
assigned by Section 591.003.
Sec. 580.002. APPLICABILITY. This chapter applies only to
a facility that contracts with the commission to provide inpatient
competency restoration services for an individual to stand trial in
accordance with Chapter 46B, Code of Criminal Procedure.
Sec. 580.003. MEMORANDUM OF UNDERSTANDING. The executive
commissioner by rule shall require each facility to which this
chapter applies to enter into a memorandum of understanding with
the county and municipality in which the facility is located and
each local mental health authority and local behavioral health
authority that operates in the county or municipality, as
applicable, to outline the respective powers and duties of the
parties with respect to inpatient competency restoration services.
Sec. 580.004. ANNUAL REPORT TO COMMISSION. (a) The
commission shall require each facility to which this chapter
applies to annually provide to the commission, in the form and
manner the commission requires, the following information for the
preceding year regarding individuals who received inpatient
competency restoration services at the facility:
(1) the total number of individuals who received
inpatient competency restoration services at the facility and the
number of those individuals who were restored to competency;
(2) for those individuals who were restored to
competency, the average number of days the individuals received
services at the facility;
(3) the number of individuals who were restored to
competency after receiving services at the facility for not more
than 60 days;
(4) the number of individuals who were not restored to
competency within the initial restoration period and for whom a
treatment extension was sought;
(5) the number of individuals who were not restored to
competency and who were transferred to an inpatient mental health
facility or residential care facility; and
(6) for individuals who were not restored to
competency, the average length of time between the date a
determination was made that an individual was not restored to
competency and the date the individual was transferred to an
inpatient mental health facility or residential care facility.
(b) The data in the report must be disaggregated by whether
the individual was charged with a misdemeanor or felony offense and
by any other appropriate demographic factors determined by the
commission.
Sec. 580.005. ANNUAL REPORT TO LEGISLATURE. Not later than
September 1 of each year, the commission shall prepare and submit to
the legislature a written report on inpatient competency
restoration services in this state for the preceding year. The
report must include:
(1) a performance evaluation of each facility to which
this chapter applies;
(2) aggregated demographic data on individuals who
received inpatient competency restoration services at a facility to
which this chapter applies, including the criminal offenses the
individuals were charged with, the individuals' countries of
origin, and the individuals' diagnoses, if applicable; and
(3) the overall cost of providing inpatient competency
restoration services at a facility to which this chapter applies
compared to the cost of:
(A) providing forensic inpatient competency
restoration services at a state hospital; and
(B) other competency restoration programs
managed by the commission.
SECTION 2. Notwithstanding Section 580.005, Health and
Safety Code, as added by this Act, the Health and Human Services
Commission is not required to submit the initial report required by
that section until September 1, 2027.
SECTION 3. This Act takes effect September 1, 2025.