By: Price H.B. No. 19
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to mental health and substance use resources for certain
  school districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 8, Education Code, is amended by adding
  Subchapter E to read as follows:
  SUBCHAPTER E. MENTAL HEALTH AND SUBSTANCE USE RESOURCES FOR SCHOOL
  DISTRICT PERSONNEL
         Sec. 8.151.  DEFINITIONS. In this subchapter, "local mental
  health authority" and "non-physician mental health professional"
  have the meanings assigned by Section 571.003, Health and Safety
  Code.
         Sec. 8.152.  EMPLOYMENT OF NON-PHYSICIAN MENTAL HEALTH
  PROFESSIONAL AS MENTAL HEALTH AND SUBSTANCE USE RESOURCE. (a)  A
  local mental health authority shall employ a non-physician mental
  health professional to serve as a mental health and substance use
  resource for school districts located in the region served by a
  regional education service center and in which the local mental
  health authority provides services.
         (b)  If two or more local mental health authorities provide
  services in a region served by a regional education service center,
  the local mental health authority that primarily operates in the
  county in which the center is located shall employ the
  non-physician mental health professional and, in making any hiring
  decision, consult with other local mental health authorities
  providing services in that region.
         Sec. 8.153.  INTERAGENCY COLLABORATION; MEMORANDUM OF
  UNDERSTANDING. (a)  A local mental health authority that employs a
  non-physician mental health professional under Section 8.152 and
  the regional education service center shall collaborate in carrying
  out this subchapter.
         (b)  Each regional education service center shall provide
  for a non-physician mental health professional employed for the
  region served by the center with a space for the professional to
  carry out the professional's duties under Section 8.155.  The local
  mental health authority that employs the professional shall pay the
  center a reasonable administrative cost for providing the space.
         (c)  A local mental health authority and a regional education
  service center may enter into a memorandum of understanding for the
  administration of this section.
         Sec. 8.154.  SUPERVISION OF NON-PHYSICIAN MENTAL HEALTH
  PROFESSIONAL. The local mental health authority that employs a
  non-physician mental health professional under Section 8.152  
  shall:
               (1)  supervise the professional in carrying out the
  professional's duties under Section 8.155; and
               (2)  consult with any other local mental health
  authorities in the region in supervising the professional.
         Sec. 8.155.  DUTIES OF NON-PHYSICIAN MENTAL HEALTH
  PROFESSIONAL. (a)  A non-physician mental health professional
  employed under Section 8.152 shall act as a resource for school
  district personnel by:
               (1)  helping personnel gain awareness and a better
  understanding of mental health and co-occurring mental health and
  substance use disorders;
               (2)  assisting personnel to implement initiatives
  related to mental health or substance use under state law or agency
  rules;
               (3)  ensuring personnel are aware of:
                     (A)  the list of recommended best practice-based
  programs and research-based practices developed under Section
  161.325, Health and Safety Code; and
                     (B)  other treatment programs available in the
  school district, including evidence-based programs provided by a
  local mental health authority and other public and private mental
  health providers;
               (4)  on a monthly basis, facilitate mental health first
  aid training;
               (5)  on a monthly basis, facilitate training regarding
  the effects of grief and trauma and providing support to children
  with intellectual or developmental disabilities who suffer from
  grief or trauma; and
               (6)  on a monthly basis, facilitate training on
  prevention and intervention programs that have been shown to be
  effective in helping students cope with pressures to:
                     (A)  use alcohol, cigarettes, or illegal drugs; or
                     (B)  misuse prescription drugs.
         (b)  A non-physician mental health professional employed
  under Section 8.152 may not treat or provide counseling to a student
  or provide specific advice to school district personnel regarding a
  student.
         Sec. 8.156.  PARTICIPATION BY SCHOOL DISTRICT NOT REQUIRED.
  This subchapter does not require a school district to participate
  in training provided by a non-physician mental health professional
  or otherwise use the professional as a resource.
         Sec. 8.157.  DISTRIBUTION OF FUNDING.  A state agency to
  which money is appropriated to carry out this subchapter shall
  ensure that the money is distributed equally among the local mental
  health authorities that employ and supervise non-physician mental
  health professionals under this subchapter.
         Sec. 8.158.  REPORT. (a) Before the last business day of
  each calendar year, each local mental health 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 January 31 of the following calendar
  year, the 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, and each standing committee of the legislature
  having primary jurisdiction over public education.
         SECTION 2.  This Act takes effect September 1, 2019.