By: Sparks S.B. No. 2446
A BILL TO BE ENTITLED
AN ACT
relating to the governance of local mental health authorities and
the composition of the governing bodies of local mental health
authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 533.035, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) A local mental health authority shall make available a
monthly expense report in an electronic format, detailing every
expenditure as reasonably practical by the local mental health
authority, to each member of the governing body, including ex
officio nonvoting members.
SECTION 2. The heading to Section 533.0351, Health and
Safety Code, is amended to read as follows:
Sec. 533.0351. REQUIRED COMPOSITION AND GOVERNANCE OF LOCAL
MENTAL HEALTH AUTHORITY GOVERNING BODY.
SECTION 3. Section 533.0351, Health and Safety Code, is
amended by amending Subsections (a), (b), (c), and (c-1) and adding
Subsections (a-1), (a-2), and (c-2) to read as follows:
(a) Each [If a] local mental health authority must have
[has] a governing body.
(a-1) The[, the] governing body must include:
(1) for a local authority that serves only one county,
the sheriff of the county as an ex officio nonvoting member; and
(2) for a local authority that serves two or more
counties, two sheriffs chosen in accordance with Subsection (b) as
ex officio nonvoting members.
(a-2) At least one member of the governing board must be a
member of the public, have experience owning or operating a private
business, and not have served in elected office.
(b) In selecting sheriffs to serve as members under
Subsection (a-1)(2), a [A] local mental health authority that
serves two or more counties shall take the median population size of
each of those counties and choose:
(1) one sheriff of a county with a population above the
median population size to serve as an ex officio nonvoting member
under Subsection (a); and
(2) one sheriff of a county with a population below the
median population size to serve as an ex officio nonvoting member
under Subsection (a).
(c) A sheriff who is made a member of a governing body in
accordance with this section may designate a representative to
serve as a member of the body in the sheriff's place as an ex officio
nonvoting member under Subsection (a). Except as provided by
Subsection (c-1), a sheriff or the designated representative of the
sheriff serves as an ex officio nonvoting member under Subsection
(a) for the duration of the applicable sheriff's term in office.
(c-1) A local mental health authority may rotate the
positions of sheriffs who serve as ex officio nonvoting members
[as] chosen in accordance with Subsection (b) among the other
sheriffs of the counties served by the local authority. A local
authority shall consult with each sheriff of the counties served by
the local authority in rotating the positions of sheriffs serving
as ex officio nonvoting members under this subsection.
(c-2) A local mental health authority shall allow a sheriff
selected under this section to be a voting member of the governing
board upon request of the sheriff, pursuant to the sheriff agreeing
to comply with all standards and rules applicable to voting board
members.
(c-3) A person employed by a local mental health authority
may not serve as a member of the authority's governing body.
SECTION 4. Subchapter B, Chapter 533, Health and Safety
Code, is amended by adding Section 533.0355 to read as follows:
Sec. 533.0355. PROHIBITION ON DIVERSITY, EQUITY, AND
INCLUSION INITIATIVES IN LOCAL MENTAL HEALTH AUTHORITIES. (a) In
this section:
(1) "Diversity, equity, and inclusion initiative"
means an initiative that:
(A) is based on the belief that identity
classifications are central to understanding social, professional,
and political disparities;
(B) requires, encourages, or otherwise promotes
organizational practices such as employee hiring and promotion,
resource allocation, or policy formulation to achieve proportional
representation of identity classification groups or to eliminate
perceived systemic differences between them; or
(C) otherwise promotes discriminatory treatment
of a person on the basis of the person's identity classification.
(2) "Identity classification" means a classification
of a person based on the race, color, religion, national origin, or
ethnicity of the person.
(b) A local mental health authority may not, except to the
extent required by federal law:
(1) formulate, promote, or implement a diversity,
equity, and inclusion initiative; or
(2) give preference on the basis of an identity
classification to an applicant for employment, an employee, or a
participant in any function of the local mental health authority.
SECTION 5. Section 533.0351 (e), Health and Safety Code is
repealed.
SECTION 6. This Act takes effect September 1, 2025.