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 |
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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. |