Bill Text: TX HB3088 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the administration of certain mental health grant programs established by the Health and Human Services Commission.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-14 - Effective immediately [HB3088 Detail]
Download: Texas-2021-HB3088-Enrolled.html
H.B. No. 3088 |
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relating to the administration of certain mental health grant | ||
programs established by the Health and Human Services Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 531.0991, Government Code, is amended by | ||
amending Subsections (h) and (k) and adding Subsection (n) to read | ||
as follows: | ||
(h) A community that receives a grant under this section is | ||
required to leverage funds in an amount: | ||
(1) equal to 25 [ |
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community mental health program is located in a county with a | ||
population of less than 100,000 [ |
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(2) equal to 50 percent of the grant amount if the | ||
community mental health program is located in a county with a | ||
population of 100,000 or more but less than 250,000; | ||
(3) equal to 100 percent of the grant amount if the | ||
community mental health program is located in a county with a | ||
population of at least 250,000; and | ||
(4) [ |
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otherwise required by this subsection for the largest county in | ||
which a community mental health program is located if the community | ||
mental health program is located in more than one county. | ||
(k) Not later than December 1 of each even-numbered | ||
[ |
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governor, the lieutenant governor, and each member of the | ||
legislature a report evaluating the success of the matching grant | ||
program created by this section. | ||
(n) A reasonable amount not to exceed five percent of the | ||
money appropriated by the legislature for the purposes of this | ||
section may be used by the commission to pay administrative costs of | ||
implementing this section. | ||
SECTION 2. Section 531.0992, Government Code, is amended by | ||
amending Subsections (d-1) and (d-2) and adding Subsection (g) to | ||
read as follows: | ||
(d-1) For services and treatment provided in a single | ||
county, the commission shall condition each grant provided under | ||
this section on a potential grant recipient providing funds from | ||
non-state sources in a total amount at least equal to: | ||
(1) 25 [ |
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community mental health program to be supported by the grant | ||
provides services and treatment in a county with a population of | ||
less than 100,000 [ |
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(2) 50 percent of the grant amount if the community | ||
mental health program to be supported by the grant provides | ||
services and treatment in a county with a population of 100,000 or | ||
more but less than 250,000; or | ||
(3) 100 percent of the grant amount if the community | ||
mental health program to be supported by the grant provides | ||
services and treatment in a county with a population of 250,000 or | ||
more. | ||
(d-2) For a community mental health program that provides | ||
services and treatment in more than one county, the commission | ||
shall condition each grant provided under this section on a | ||
potential grant recipient providing funds from non-state sources in | ||
a total amount at least equal to: | ||
(1) 25 [ |
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with the largest population [ |
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health program to be supported by the grant provides services and | ||
treatment has a population of less than 100,000 [ |
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(2) 50 [ |
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with the largest population [ |
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health program to be supported by the grant provides services and | ||
treatment has a population of 100,000 or more but less than 250,000; | ||
or | ||
(3) 100 percent of the grant amount if the county with | ||
the largest population in which the community mental health program | ||
to be supported by the grant provides services and treatment has a | ||
population of 250,000 or more. | ||
(g) A reasonable amount not to exceed five percent of the | ||
money appropriated by the legislature for the purposes of this | ||
section may be used by the commission to pay administrative costs of | ||
implementing this section. | ||
SECTION 3. Section 531.0993, Government Code, is amended by | ||
amending Subsection (c) and adding Subsection (j) to read as | ||
follows: | ||
(c) The commission shall condition each grant provided to a | ||
community collaborative under this section on the collaborative | ||
providing funds from non-state sources in a total amount at least | ||
equal to: | ||
(1) 25 [ |
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collaborative includes a county with a population of less than | ||
100,000 [ |
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(2) 50 percent of the grant amount if the | ||
collaborative includes a county with a population of 100,000 or | ||
more but less than 250,000; | ||
(3) 100 percent of the grant amount if the | ||
collaborative includes a county with a population of 250,000 or | ||
more; and | ||
(4) [ |
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required by this subsection for the largest county included in the | ||
collaborative, if the collaborative includes more than one county. | ||
(j) A reasonable amount not to exceed five percent of the | ||
money appropriated by the legislature for the purposes of this | ||
section may be used by the commission to pay administrative costs of | ||
implementing this section. | ||
SECTION 4. Sections 539.002(b) and (c), Government Code, | ||
are amended to read as follows: | ||
(b) Except as provided by Subsection (c), the department | ||
shall require each entity awarded a grant under this section to: | ||
(1) leverage additional funding or in-kind | ||
contributions from private contributors or local governments, | ||
excluding state or federal funds, [ |
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least equal to the amount of the grant awarded under this section; | ||
(2) provide evidence of significant coordination and | ||
collaboration between the entity, local mental health authorities, | ||
municipalities, local law enforcement agencies, and other | ||
community stakeholders in establishing or expanding a community | ||
collaborative funded by a grant awarded under this section; and | ||
(3) provide evidence of a local law enforcement policy | ||
to divert appropriate persons from jails or other detention | ||
facilities to an entity affiliated with a community collaborative | ||
for the purpose of providing services to those persons. | ||
(c) The department may award a grant under this chapter to | ||
an entity for the purpose of establishing a community mental health | ||
program in a county with a population of less than 250,000, if the | ||
entity leverages additional funding or in-kind contributions from | ||
private contributors or local governments, excluding state or | ||
federal funds, [ |
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amount of the grant to be awarded under this section, and the entity | ||
otherwise meets the requirements of Subsections (b)(2) and (3). | ||
SECTION 5. Section 539.003, Government Code, is amended to | ||
read as follows: | ||
Sec. 539.003. ACCEPTABLE USES OF GRANT MONEY. An entity | ||
shall use money received from a grant made by the department and | ||
private funding sources for the establishment or expansion of a | ||
community collaborative[ |
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include: | ||
(1) the development of the infrastructure of the | ||
collaborative and the start-up costs of the collaborative; | ||
(2) the establishment, operation, or maintenance of | ||
other community service providers in the community served by the | ||
collaborative, including intake centers, detoxification units, | ||
sheltering centers for food, workforce training centers, | ||
microbusinesses, and educational centers; | ||
(3) the provision of clothing, hygiene products, and | ||
medical services to and the arrangement of transitional and | ||
permanent residential housing for persons served by the | ||
collaborative; | ||
(4) the provision of mental health services and | ||
substance abuse treatment not readily available in the community | ||
served by the collaborative; | ||
(5) the provision of information, tools, and resource | ||
referrals to assist persons served by the collaborative in | ||
addressing the needs of their children; and | ||
(6) the establishment and operation of coordinated | ||
intake processes, including triage procedures, to protect the | ||
public safety in the community served by the collaborative. | ||
SECTION 6. Section 539.007, Government Code, is amended to | ||
read as follows: | ||
Sec. 539.007. REDUCTION AND CESSATION OF FUNDING. The | ||
department shall establish processes by which the department may | ||
reduce or cease providing funding to an entity if the community | ||
collaborative operated by the entity does not meet the outcome | ||
measures selected by the entity for the collaborative under Section | ||
539.005 [ |
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department shall redistribute any funds withheld from an entity | ||
under this section to other entities operating high-performing | ||
collaboratives on a competitive basis. | ||
SECTION 7. Chapter 539, Government Code, is amended by | ||
adding Section 539.009 to read as follows: | ||
Sec. 539.009. ADMINISTRATIVE COSTS. A reasonable amount | ||
not to exceed five percent of the money appropriated by the | ||
legislature for the purposes of this subchapter may be used by the | ||
commission to pay administrative costs of implementing this | ||
subchapter. | ||
SECTION 8. The changes in law made by this Act apply to a | ||
grant awarded on or after the effective date of this Act. A grant | ||
awarded under a provision amended by this Act is governed by the law | ||
in effect on the date the grant was awarded, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 9. If before implementing any provision of this Act | ||
a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 10. 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, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3088 was passed by the House on May 8, | ||
2021, by the following vote: Yeas 101, Nays 38, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3088 was passed by the Senate on May | ||
25, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |