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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of funding for the coordination of |
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mental health, substance use, and public health care services in |
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this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 403, Government Code, is amended by |
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adding Subchapter T to read as follows: |
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SUBCHAPTER T. MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC HEALTH |
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INITIATIVES |
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Sec. 403.601. DEFINITIONS. In this subchapter: |
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(1) "Council" means the mental health, substance use, |
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and public health initiative council established by Section |
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403.602. |
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(2) "Fund" means the mental health, substance use, and |
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public health initiative trust fund established by Section 403.603. |
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Sec. 403.602. MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC |
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HEALTH INITIATIVE COUNCIL. (a) The mental health, substance use, |
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and public health initiative council is established to ensure that |
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money allocated to the mental health, substance use, and public |
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health initiative trust fund is allocated fairly and spent to |
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improve the coordination among mental health, substance use, and |
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public health. |
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(b) The council is composed of the following 14 members: |
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(1) one member appointed by the governor who is a |
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current or retired health care operations professional with 10 or |
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more years of experience in matters of substance use, mental |
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health, and public health; |
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(2) one member appointed by the lieutenant governor |
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who is a current or retired health care operations professional |
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with 10 or more years of experience in matters of substance use, |
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mental health, and public health; |
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(3) one member appointed by the speaker of the house of |
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representatives who is a current or retired health care operations |
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professional with 10 or more years of experience in matters of |
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substance use, mental health, and public health; |
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(4) three members appointed by the executive |
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commissioner of the Health and Human Services Commission who are |
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from academia or the medical profession and have significant |
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experience in matters of substance use, mental health, and public |
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health; |
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(5) seven members appointed by the executive |
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commissioner of the Health and Human Services Commission as |
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follows: |
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(A) one member who is a current or former |
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employee of a rural hospital district; |
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(B) one member who is a current or former |
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employee of a local health authority; |
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(C) one member who is a current or former |
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employee of a local mental health authority, as defined by Section |
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531.002, Health and Safety Code; |
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(D) one member who is a current or former |
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employee of a federally qualified health center in this state; |
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(E) one member who has lived experience with a |
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mental health condition or substance abuse condition; and |
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(F) two members with at least 10 years of |
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experience working with a health philanthropy nonprofit |
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organization or foundation; and |
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(6) the comptroller or the comptroller's designee. |
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(c) The comptroller or the comptroller's designee serves as |
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the presiding officer of the council and is a nonvoting member. |
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(d) In making appointments under Subsection (b)(4), the |
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executive commissioner of the Health and Human Services Commission |
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shall appoint members from lists provided by the governing bodies |
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of six rural counties and six rural municipalities selected by the |
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executive commissioner with each list naming two qualified |
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candidates with experience in substance use treatment, education, |
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and research. |
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(e) In making appointments under Subsection (b), the |
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governor, lieutenant governor, and speaker of the house of |
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representatives shall coordinate to ensure that the membership of |
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the council reflects, to the extent possible, the ethnic and |
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geographic diversity of this state. |
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(f) The council is administratively attached to the |
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Department of State Health Services. The Department of State Health |
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Services shall provide the staff and facilities necessary to assist |
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the council in performing its duties. |
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(g) A decision by the council to award a grant under Section |
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403.604 requires the unanimous approval of all members of the |
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council. |
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(h) The council is subject to Chapter 551. |
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Sec. 403.603. MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC |
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HEALTH INITIATIVE TRUST FUND. (a) The mental health, substance |
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use, and public health initiative trust fund is a trust fund |
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established outside the state treasury for the purposes of this |
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subchapter. The fund is not a part of this state's general funds. |
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(b) The fund is administered by the Texas Treasury |
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Safekeeping Trust Company. The trust company may authorize money |
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from the fund to be invested with money from the state treasury. |
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The trust company may establish in the fund accounts to facilitate |
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the administration of money in the fund. |
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(c) The fund consists of: |
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(1) an initial appropriation of money by the |
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legislature to the fund as permanent principal for the fund; |
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(2) any additional legislative appropriations of |
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money for the purposes of the fund; |
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(3) interest or other earnings on money credited to or |
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allocable to the fund; and |
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(4) money from gifts, grants, or donations to the |
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fund. |
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(d) The money initially appropriated by the legislature as |
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permanent principal for the fund may not be used for any purpose |
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other than to gain interest or other investment earnings. |
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(e) Money in the fund gained as interest or other earnings |
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on the investment of the permanent principal of the fund may be used |
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only to: |
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(1) provide grants in accordance with Section 403.604; |
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and |
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(2) pay the necessary and reasonable expenses of |
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administering the fund. |
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(f) In making investments of money in the fund, the Texas |
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Treasury Safekeeping Trust Company shall exercise the judgment and |
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care under the circumstances then prevailing that a person of |
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ordinary prudence, discretion, and intelligence exercises in the |
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management of the person's own affairs. |
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(g) The Texas Treasury Safekeeping Trust Company may |
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appoint one or more commercial banks, depository trust companies, |
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or other similar entities to serve as the custodian of the fund. |
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Sec. 403.604. ESTABLISHMENT OF GRANT PROGRAM. (a) The |
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council shall establish a grant program to award grants for |
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programs that improve the coordination between substance use, |
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mental health, and public health care services in this state |
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providing services to individuals with co-occurring mental health |
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and substance use disorders. |
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(b) A program funded through a grant awarded under this |
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subchapter must improve the coordination between substance use, |
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mental health, and public health care services in the state |
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through: |
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(1) evidence-based preventative or therapeutic |
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measures, research, the implementation of new technology, data |
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collection, education programs, or capital improvements; and |
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(2) providing an efficient and cost-effective method |
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that is directed to support the coordination of personnel, capital |
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improvements, data interoperability, or long-term financial |
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sustainability of the mental health care, substance use, and public |
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health care providers. |
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(c) Annually, the council shall establish procedures for |
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submitting, accepting, and evaluating grant applications under |
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this subchapter. |
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(d) The council, in coordination with the statewide |
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behavioral health coordinating council established under |
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Subchapter M-1, Chapter 531, shall evaluate grant applications at |
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least biennially. |
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Sec. 403.605. REPORT. Not later than October 1 of each |
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year, the Texas Treasury Safekeeping Trust Company shall submit a |
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written report to the legislature detailing: |
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(1) all expenditures made by the council during the |
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preceding state fiscal year; and |
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(2) any amount of money greater than the initial |
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appropriation of permanent principal by the legislature that is |
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held in the fund. |
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Sec. 403.606. RULES. The council shall adopt rules to |
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implement this subchapter. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission, the governor, the lieutenant governor, and the |
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speaker of the house of representatives shall appoint the members |
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of the mental health, substance use, and public health initiative |
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council as provided by Section 403.602, Government Code, as added |
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by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |