Texas 2025 - 89th Regular

Texas Senate Bill SB528 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Schwertner S.B. No. 528
	2	+	(In the Senate - Filed December 5, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Health & Human
	4	+	Services; April 14, 2025, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; April 14, 2025, sent to printer.)
	6	+	Click here to see the committee vote
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6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to inpatient competency restoration services.
9	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	15		SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
11	16		amended by adding Chapter 580 to read as follows:
12	17		CHAPTER 580. INPATIENT COMPETENCY RESTORATION SERVICES
13	18		Sec. 580.001. DEFINITIONS. In this chapter:
14	19		(1) "Commission" means the Health and Human Services
15	20		Commission.
16	21		(2) "Competency restoration" has the meaning assigned
17	22		by Article 46B.001, Code of Criminal Procedure.
18	23		(3) "Residential care facility" has the meaning
19	24		assigned by Section 591.003.
20	25		Sec. 580.002. APPLICABILITY. This chapter applies only to
21	26		a facility that contracts with the commission to provide inpatient
22	27		competency restoration services for an individual to stand trial in
23	28		accordance with Chapter 46B, Code of Criminal Procedure.
24	29		Sec. 580.003. MEMORANDUM OF UNDERSTANDING. The executive
25	30		commissioner by rule shall require each facility to which this
26	31		chapter applies to enter into a memorandum of understanding with
27	32		the county and municipality in which the facility is located and
28	33		each local mental health authority and local behavioral health
29	34		authority that operates in the county or municipality, as
30	35		applicable, to outline the respective powers and duties of the
31	36		parties with respect to inpatient competency restoration services.
32	37		Sec. 580.004. ANNUAL REPORT TO COMMISSION. (a) The
33	38		commission shall require each facility to which this chapter
34	39		applies to annually provide to the commission, in the form and
35	40		manner the commission requires, the following information for the
36	41		preceding year regarding individuals who received inpatient
37	42		competency restoration services at the facility:
38	43		(1) the total number of individuals who received
39	44		inpatient competency restoration services at the facility and the
40	45		number of those individuals who were restored to competency;
41	46		(2) for those individuals who were restored to
42	47		competency, the average number of days the individuals received
43	48		services at the facility;
44	49		(3) the number of individuals who were restored to
45	50		competency after receiving services at the facility for not more
46	51		than 60 days;
47	52		(4) the number of individuals who were not restored to
48	53		competency within the initial restoration period and for whom a
49	54		treatment extension was sought;
50	55		(5) the number of individuals who were not restored to
51	56		competency and who were transferred to an inpatient mental health
52	57		facility or residential care facility; and
53	58		(6) for individuals who were not restored to
54	59		competency, the average length of time between the date a
55	60		determination was made that an individual was not restored to
56	61		competency and the date the individual was transferred to an
57	62		inpatient mental health facility or residential care facility.
58	63		(b) The data in the report must be disaggregated by whether
59	64		the individual was charged with a misdemeanor or felony offense and
60	65		by any other appropriate demographic factors determined by the
61	66		commission.
62	67		Sec. 580.005. ANNUAL REPORT TO LEGISLATURE. Not later than
63	68		September 1 of each year, the commission shall prepare and submit to
64	69		the legislature a written report on inpatient competency
65	70		restoration services in this state for the preceding year. The
66	71		report must include:
67	72		(1) a performance evaluation of each facility to which
68	73		this chapter applies;
69	74		(2) aggregated demographic data on individuals who
70	75		received inpatient competency restoration services at a facility to
71	76		which this chapter applies, including the criminal offenses the
72	77		individuals were charged with, the individuals' countries of
73	78		origin, and the individuals' diagnoses, if applicable; and
74	79		(3) the overall cost of providing inpatient competency
75	80		restoration services at a facility to which this chapter applies
76	81		compared to the cost of:
77	82		(A) providing forensic inpatient competency
78	83		restoration services at a state hospital; and
79	84		(B) other competency restoration programs
80	85		managed by the commission.
81	86		SECTION 2. Notwithstanding Section 580.005, Health and
82	87		Safety Code, as added by this Act, the Health and Human Services
83	88		Commission is not required to submit the initial report required by
84	89		that section until September 1, 2027.
85	90		SECTION 3. This Act takes effect September 1, 2025.
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