Texas 2025 - 89th Regular

Texas Senate Bill SB2446 Compare Versions

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

Old	New	Differences
1	1	By: Sparks S.B. No. 2446
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the governance of local mental health authorities and
9	9	the composition of the governing bodies of local mental health
10	10	authorities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 533.035, Health and Safety Code, is
13	13	amended by adding Subsection (f) to read as follows:
14	14	(f) A local mental health authority shall make available a
15	15	monthly expense report in an electronic format, detailing every
16	16	expenditure as reasonably practical by the local mental health
17	17	authority, to each member of the governing body, including ex
18	18	officio nonvoting members.
19	19	SECTION 2. The heading to Section 533.0351, Health and
20	20	Safety Code, is amended to read as follows:
21	21	Sec. 533.0351. REQUIRED COMPOSITION AND GOVERNANCE OF LOCAL
22	22	MENTAL HEALTH AUTHORITY GOVERNING BODY.
23	23	SECTION 3. Section 533.0351, Health and Safety Code, is
24	24	amended by amending Subsections (a), (b), (c), and (c-1) and adding
25	25	Subsections (a-1), (a-2), and (c-2) to read as follows:
26	26	(a) Each [If a] local mental health authority must have
27	27	[has] a governing body.
28	28	(a-1) The[, the] governing body must include:
29	29	(1) for a local authority that serves only one county,
30	30	the sheriff of the county as an ex officio nonvoting member; and
31	31	(2) for a local authority that serves two or more
32	32	counties, two sheriffs chosen in accordance with Subsection (b) as
33	33	ex officio nonvoting members.
34	34	(a-2) At least one member of the governing board must be a
35	35	member of the public, have experience owning or operating a private
36	36	business, and not have served in elected office.
37	37	(b) In selecting sheriffs to serve as members under
38	38	Subsection (a-1)(2), a [A] local mental health authority that
39	39	serves two or more counties shall take the median population size of
40	40	each of those counties and choose:
41	41	(1) one sheriff of a county with a population above the
42	42	median population size to serve as an ex officio nonvoting member
43	43	under Subsection (a); and
44	44	(2) one sheriff of a county with a population below the
45	45	median population size to serve as an ex officio nonvoting member
46	46	under Subsection (a).
47	47	(c) A sheriff who is made a member of a governing body in
48	48	accordance with this section may designate a representative to
49	49	serve as a member of the body in the sheriff's place as an ex officio
50	50	nonvoting member under Subsection (a). Except as provided by
51	51	Subsection (c-1), a sheriff or the designated representative of the
52	52	sheriff serves as an ex officio nonvoting member under Subsection
53	53	(a) for the duration of the applicable sheriff's term in office.
54	54	(c-1) A local mental health authority may rotate the
55	55	positions of sheriffs who serve as ex officio nonvoting members
56	56	[as] chosen in accordance with Subsection (b) among the other
57	57	sheriffs of the counties served by the local authority. A local
58	58	authority shall consult with each sheriff of the counties served by
59	59	the local authority in rotating the positions of sheriffs serving
60	60	as ex officio nonvoting members under this subsection.
61	61	(c-2) A local mental health authority shall allow a sheriff
62	62	selected under this section to be a voting member of the governing
63	63	board upon request of the sheriff, pursuant to the sheriff agreeing
64	64	to comply with all standards and rules applicable to voting board
65	65	members.
66	66	(c-3) A person employed by a local mental health authority
67	67	may not serve as a member of the authority's governing body.
68	68	SECTION 4. Subchapter B, Chapter 533, Health and Safety
69	69	Code, is amended by adding Section 533.0355 to read as follows:
70	70	Sec. 533.0355. PROHIBITION ON DIVERSITY, EQUITY, AND
71	71	INCLUSION INITIATIVES IN LOCAL MENTAL HEALTH AUTHORITIES. (a) In
72	72	this section:
73	73	(1) "Diversity, equity, and inclusion initiative"
74	74	means an initiative that:
75	75	(A) is based on the belief that identity
76	76	classifications are central to understanding social, professional,
77	77	and political disparities;
78	78	(B) requires, encourages, or otherwise promotes
79	79	organizational practices such as employee hiring and promotion,
80	80	resource allocation, or policy formulation to achieve proportional
81	81	representation of identity classification groups or to eliminate
82	82	perceived systemic differences between them; or
83	83	(C) otherwise promotes discriminatory treatment
84	84	of a person on the basis of the person's identity classification.
85	85	(2) "Identity classification" means a classification
86	86	of a person based on the race, color, religion, national origin, or
87	87	ethnicity of the person.
88	88	(b) A local mental health authority may not, except to the
89	89	extent required by federal law:
90	90	(1) formulate, promote, or implement a diversity,
91	91	equity, and inclusion initiative; or
92	92	(2) give preference on the basis of an identity
93	93	classification to an applicant for employment, an employee, or a
94	94	participant in any function of the local mental health authority.
95	95	SECTION 5. Section 533.0351 (e), Health and Safety Code is
96	96	repealed.
97	97	SECTION 6. This Act takes effect September 1, 2025.