Bill Text: TX HB1335 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to the establishment of school-based behavioral health centers by public schools and a grant program administered by the executive commissioner of the Health and Human Services Commission for the operation of those centers.

Spectrum: Slight Partisan Bill (Republican 6-3)

Status: (Introduced - Dead) 2019-05-09 - Placed on General State Calendar [HB1335 Detail]

Download: Texas-2019-HB1335-Comm_Sub.html
  86R25388 KJE-F
 
  By: Price, Huberty, Coleman, H.B. No. 1335
      Thompson of Harris, Bonnen of Galveston
 
  Substitute the following for H.B. No. 1335:
 
  By:  Price C.S.H.B. No. 1335
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of school-based behavioral health
  centers by public schools and a grant program administered by the
  executive commissioner of the Health and Human Services Commission
  for the operation of those centers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 38, Education Code, is amended by adding
  Subchapter B-1 to read as follows:
  SUBCHAPTER B-1. SCHOOL-BASED BEHAVIORAL HEALTH CENTERS
         Sec. 38.081.  DEFINITIONS. In this subchapter:
               (1)  "Behavioral health services" includes mental
  health assessments, crisis interventions, counseling, including
  substance abuse counseling, and referrals to a continuum of mental
  health services.
               (2)  "Eligible entity" means a community-based
  organization that is:
                     (A)  a school district;
                     (B)  an open-enrollment charter school;
                     (C)  a hospital;
                     (D)  a local health department;
                     (E)  a federally qualified health center, as
  defined by 42 U.S.C. Section 1396d(l)(2)(B);
                     (F)  a community mental health center, as defined
  by 42 U.S.C. Section 1395x(ff)(3)(B);
                     (G)  a local mental health authority;
                     (H)  a licensed mental health care provider whose
  sole purpose is providing school-based behavioral health services;
                     (I)  a local Communities In Schools program
  described by Subchapter E, Chapter 33; or
                     (J)  any other appropriate nonprofit health care
  agency or behavioral health care agency.
               (3)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
         Sec. 38.082.  ESTABLISHMENT OF SCHOOL-BASED BEHAVIORAL
  HEALTH CENTER. (a) A school district may establish a school-based
  behavioral health center to:
               (1)  provide accessible behavioral health services to
  students and their families;
               (2)  improve the emotional well-being and academic
  performance of medically underserved students and their families;
  and
               (3)  integrate behavioral health services in the school
  environment.
         (b)  A school district may combine a school-based behavioral
  health center with a school-based health center established under
  Subchapter B or any other district program that provides primary
  health care services to students.
         Sec. 38.083.  CENTER REQUIREMENTS. (a)  A school-based
  behavioral health center must:
               (1)  be located at or near a school district facility;
               (2)  be organized with assistance from the community
  and relevant health care providers; and
               (3)  provide behavioral health services during school
  hours to students in accordance with:
                     (A)  applicable federal, state, and local laws;
                     (B)  established behavioral health standards; and
                     (C)  community practice.
         (b)  A school-based behavioral health center may provide
  services to the student only with the consent of the student's
  parent or guardian.
         (c)  A school-based behavioral health center must be
  administered by an eligible entity.
         Sec. 38.084.  GRANTS. (a)  The executive commissioner shall
  administer a program under which grants are awarded to eligible
  entities to assist school districts with the costs of operating
  school-based behavioral health centers.
         (b)  To be eligible to receive a grant under this section, an
  eligible entity must:
               (1)  establish or propose to establish a school-based
  behavioral health center that meets the requirements under Section
  38.083 under an agreement with a school district;
               (2)  provide sufficient information establishing local
  need for the behavioral health services provided by or proposed to
  be provided by the center;
               (3)  provide sufficient evidence that:
                     (A)  the entity's request for a grant under this
  section is approved by the school district at which the center is or
  will be located;
                     (B)  the center will obtain parental consent
  before providing behavioral health services to children;
                     (C)  the center will offer on-site access during
  each instructional day;
                     (D)  the center will be integrated into the school
  environment and will coordinate behavioral health resources with
  district educators and other appropriate support personnel,
  including other school-based health care providers; and
                     (E)  the entity will assume all responsibility for
  the administration, operation, and oversight of the center;
               (4)  establish and maintain relationships with health
  care providers; and
               (5)  provide any other information the executive
  commissioner determines necessary.
         (c)  In awarding grants under this section, the executive
  commissioner shall give priority to eligible entities that seek
  funding for a school-based behavioral health center that meets at
  least two of the following criteria:
               (1)  the center has already been established;
               (2)  the center will be established at a campus that
  does not currently have a school-based behavioral health center;
               (3)  the center serves or will serve an area in which
  there are barriers to students accessing behavioral health
  services; or
               (4)  the center serves or will serve a campus at which
  50 percent or more of the students in daily attendance at the campus
  are:
                     (A)  uninsured, underinsured, or enrolled in a
  public health insurance program; or
                     (B)  educationally disadvantaged.
         (d)  The executive commissioner shall determine the amount
  of each grant awarded under this section. In determining the amount
  of a grant, the executive commissioner shall consider:
               (1)  the financial need of the school district at which
  the school-based behavioral health center is or will be located to
  operate the center;
               (2)  other funding provided to the district for the
  operation of the center; and
               (3)  any other factor the executive commissioner
  determines relevant.
         (e)  A grant awarded under this section may be used only for:
               (1)  the salaries of health care providers who provide
  behavioral health services through the school-based behavioral
  health center; or
               (2)  costs related to managing the center's programs.
         (f)  The executive commissioner, in consultation with the
  commissioner, shall adopt rules as necessary to implement this
  section, including rules regarding the evaluation and monitoring of
  school-based behavioral health centers operated by eligible
  entities that receive a grant under this section.
         SECTION 2.  This Act applies beginning with the 2019-2020
  school year.
         SECTION 3.  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, 2019.
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