Bill Text: TX HB2361 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the qualifications for a person to provide services as a mental health and substance use resource for school districts.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Engrossed - Dead) 2023-05-02 - Referred to Education [HB2361 Detail]
Download: Texas-2023-HB2361-Introduced.html
Bill Title: Relating to the qualifications for a person to provide services as a mental health and substance use resource for school districts.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Engrossed - Dead) 2023-05-02 - Referred to Education [HB2361 Detail]
Download: Texas-2023-HB2361-Introduced.html
88R7404 GCB-D | ||
By: Price | H.B. No. 2361 |
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relating to the qualifications for a person to provide services as a | ||
mental health and substance use resource for school districts and | ||
the reporting of certain information regarding outcomes of those | ||
services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 8.151, Education Code, is amended to | ||
read as follows: | ||
Sec. 8.151. DEFINITIONS. In this subchapter: | ||
(1) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(2) "Local[ |
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"non-physician mental health professional" have the meanings | ||
assigned by Section 571.003, Health and Safety Code. | ||
SECTION 2. Section 8.152, Education Code, is amended by | ||
adding Subsections (c) and (d) to read as follows: | ||
(c) If a local mental health authority is unable to fill an | ||
open position for a non-physician mental health professional due to | ||
a shortage of qualified applicants, the authority may request a | ||
waiver from the executive commissioner for approval to employ, for | ||
purposes of performing the functions and duties of a non-physician | ||
mental health professional under this subchapter, a person who: | ||
(1) is a licensed master social worker, as defined by | ||
Section 505.002, Occupations Code; or | ||
(2) has been issued a licensed professional counselor | ||
associate license by the Texas State Board of Examiners of | ||
Professional Counselors. | ||
(d) A person approved under a waiver under Subsection (c) | ||
shall carry out the functions and duties required of a | ||
non-physician mental health professional under this subchapter in | ||
the same manner as a non-physician mental health professional | ||
employed under Subsection (a) or (b). | ||
SECTION 3. Section 8.158, Education Code, is amended to | ||
read as follows: | ||
Sec. 8.158. REPORT. (a) Before the last business day of | ||
each odd-numbered [ |
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authority that employs and supervises a non-physician mental health | ||
professional under this subchapter shall prepare and submit a | ||
report to the Health and Human Services Commission regarding the | ||
outcomes for school districts and students resulting from services | ||
provided by the non-physician mental health professional. | ||
(b) Not later than July [ |
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year [ |
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Commission shall compile the information submitted under this | ||
section and prepare and submit a report to the lieutenant governor, | ||
the speaker of the house of representatives, each standing | ||
committee of the legislature having primary jurisdiction over | ||
mental health, each standing committee of the legislature having | ||
primary jurisdiction over public education, and the agency. Before | ||
submitting the report under this subsection, the commission shall | ||
provide the agency a reasonable opportunity to review and provide | ||
input on the contents of the report. | ||
(c) Not later than July [ |
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[ |
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submit the report prepared under Subsection (b) to the | ||
Collaborative Task Force on Public School Mental Health Services | ||
established under Section 38.302. This subsection expires December | ||
1, 2025. | ||
SECTION 4. Not later than November 1, 2023, the executive | ||
commissioner of the Health and Human Services Commission shall by | ||
rule establish the process for requesting a waiver under Section | ||
8.152(c), Education Code, as added by this Act. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |