Texas 2025 - 89th Regular

Texas Senate Bill SB188 Latest Draft

Bill / Introduced Version Filed 11/12/2024

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                            89R4048 MPF-F
 By: Menéndez S.B. No. 188




 A BILL TO BE ENTITLED
 AN ACT
 relating to the provision of behavioral health crisis services,
 including the operation of crisis centers and mobile crisis
 outreach teams; authorizing a fee.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 547, Government Code, as effective April
 1, 2025, is amended by adding Subchapter K to read as follows:
 SUBCHAPTER K. BEHAVIORAL HEALTH CRISIS SERVICES
 Sec. 547.0501.  DEFINITIONS. In this subchapter:
 (1)  "Crisis center" means a 988 Suicide & Crisis
 Lifeline center participating in the National Suicide Prevention
 Lifeline network to respond to statewide or regional
 communications.
 (2)  "Mobile crisis outreach team" means a team of
 qualified mental health professionals who provide crisis services,
 including:
 (A)  facilitating emergency care services;
 (B)  providing urgent care services; and
 (C)  providing crisis follow-up and relapse
 prevention services.
 (3)  "Youth crisis outreach team" means a mobile crisis
 outreach team designed primarily to serve children or adolescents.
 Sec. 547.0502.  CRISIS CENTER STANDARDS. (a)  A crisis
 center operating in this state 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 outreach
 team or youth crisis outreach 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 mental health
 care provider; and
 (7)  provide follow-up services to individuals who call
 the crisis center, as appropriate.
 (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. 547.0503.  CRISIS CARE COORDINATION. (a) The
 commission shall ensure that an individual who contacts a crisis
 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 outreach teams,
 youth crisis outreach 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. 547.0504.  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
 547.0505;
 (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 other
 services a community mental health center provides in response to
 the 988 Suicide & Crisis Lifeline;
 (3)  provide funding for uninsured individuals
 receiving crisis and stabilization services;
 (4)  provide personnel for crisis centers, mobile
 crisis outreach teams, and youth crisis outreach 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 section.
 (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. 547.0505.  988 SUICIDE AND CRISIS LIFELINE FEE. (a)
 The commission, in collaboration with the Commission on State
 Emergency Communications, 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
 547.0504.
 (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. 547.0506.  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, 2025.