Bill Text: TX HB4687 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the administration of funding for the coordination of mental health, substance use, and public health care services in this state.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-15 - Received from the House [HB4687 Detail]
Download: Texas-2023-HB4687-Engrossed.html
| 88R23803 MPF-F | ||
| By: Campos | H.B. No. 4687 | |
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| relating to the administration of funding for the coordination of | ||
| mental health, substance use, and public health care services in | ||
| this state. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 403, Government Code, is amended by | ||
| adding Subchapter T to read as follows: | ||
| SUBCHAPTER T. MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC HEALTH | ||
| INITIATIVES | ||
| Sec. 403.601. DEFINITIONS. In this subchapter: | ||
| (1) "Council" means the mental health, substance use, | ||
| and public health initiative council established by Section | ||
| 403.602. | ||
| (2) "Fund" means the mental health, substance use, and | ||
| public health initiative trust fund established by Section 403.603. | ||
| Sec. 403.602. MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC | ||
| HEALTH INITIATIVE COUNCIL. (a) The mental health, substance use, | ||
| and public health initiative council is established to ensure that | ||
| money allocated to the mental health, substance use, and public | ||
| health initiative trust fund is allocated fairly and spent to | ||
| improve the coordination among mental health, substance use, and | ||
| public health. | ||
| (b) The council is composed of the following 14 members: | ||
| (1) one member appointed by the governor who is a | ||
| current or retired health care operations professional with 10 or | ||
| more years of experience in matters of substance use, mental | ||
| health, and public health; | ||
| (2) one member appointed by the lieutenant governor | ||
| who is a current or retired health care operations professional | ||
| with 10 or more years of experience in matters of substance use, | ||
| mental health, and public health; | ||
| (3) one member appointed by the speaker of the house of | ||
| representatives who is a current or retired health care operations | ||
| professional with 10 or more years of experience in matters of | ||
| substance use, mental health, and public health; | ||
| (4) three members appointed by the executive | ||
| commissioner of the Health and Human Services Commission who are | ||
| from academia or the medical profession and have significant | ||
| experience in matters of substance use, mental health, and public | ||
| health; | ||
| (5) seven members appointed by the executive | ||
| commissioner of the Health and Human Services Commission as | ||
| follows: | ||
| (A) one member who is a current or former | ||
| employee of a rural hospital district; | ||
| (B) one member who is a current or former | ||
| employee of a local health authority; | ||
| (C) one member who is a current or former | ||
| employee of a local mental health authority, as defined by Section | ||
| 531.002, Health and Safety Code; | ||
| (D) one member who is a current or former | ||
| employee of a federally qualified health center in this state; | ||
| (E) one member who has lived experience with a | ||
| mental health condition or substance abuse condition; and | ||
| (F) two members with at least 10 years of | ||
| experience working with a health philanthropy nonprofit | ||
| organization or foundation; and | ||
| (6) the comptroller or the comptroller's designee. | ||
| (c) The comptroller or the comptroller's designee serves as | ||
| the presiding officer of the council and is a nonvoting member. | ||
| (d) In making appointments under Subsection (b)(4), the | ||
| executive commissioner of the Health and Human Services Commission | ||
| shall appoint members from lists provided by the governing bodies | ||
| of six rural counties and six rural municipalities selected by the | ||
| executive commissioner with each list naming two qualified | ||
| candidates with experience in substance use treatment, education, | ||
| and research. | ||
| (e) In making appointments under Subsection (b), the | ||
| governor, lieutenant governor, and speaker of the house of | ||
| representatives shall coordinate to ensure that the membership of | ||
| the council reflects, to the extent possible, the ethnic and | ||
| geographic diversity of this state. | ||
| (f) The council is administratively attached to the | ||
| Department of State Health Services. The Department of State Health | ||
| Services shall provide the staff and facilities necessary to assist | ||
| the council in performing its duties. | ||
| (g) A decision by the council to award a grant under Section | ||
| 403.604 requires the unanimous approval of all members of the | ||
| council. | ||
| (h) The council is subject to Chapter 551. | ||
| Sec. 403.603. MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC | ||
| HEALTH INITIATIVE TRUST FUND. (a) The mental health, substance | ||
| use, and public health initiative trust fund is a trust fund | ||
| established outside the state treasury for the purposes of this | ||
| subchapter. The fund is not a part of this state's general funds. | ||
| (b) The fund is administered by the Texas Treasury | ||
| Safekeeping Trust Company. The trust company may authorize money | ||
| from the fund to be invested with money from the state treasury. | ||
| The trust company may establish in the fund accounts to facilitate | ||
| the administration of money in the fund. | ||
| (c) The fund consists of: | ||
| (1) an initial appropriation of money by the | ||
| legislature to the fund as permanent principal for the fund; | ||
| (2) any additional legislative appropriations of | ||
| money for the purposes of the fund; | ||
| (3) interest or other earnings on money credited to or | ||
| allocable to the fund; and | ||
| (4) money from gifts, grants, or donations to the | ||
| fund. | ||
| (d) The money initially appropriated by the legislature as | ||
| permanent principal for the fund may not be used for any purpose | ||
| other than to gain interest or other investment earnings. | ||
| (e) Money in the fund gained as interest or other earnings | ||
| on the investment of the permanent principal of the fund may be used | ||
| only to: | ||
| (1) provide grants in accordance with Section 403.604; | ||
| and | ||
| (2) pay the necessary and reasonable expenses of | ||
| administering the fund. | ||
| (f) In making investments of money in the fund, the Texas | ||
| Treasury Safekeeping Trust Company shall exercise the judgment and | ||
| care under the circumstances then prevailing that a person of | ||
| ordinary prudence, discretion, and intelligence exercises in the | ||
| management of the person's own affairs. | ||
| (g) The Texas Treasury Safekeeping Trust Company may | ||
| appoint one or more commercial banks, depository trust companies, | ||
| or other similar entities to serve as the custodian of the fund. | ||
| Sec. 403.604. ESTABLISHMENT OF GRANT PROGRAM. (a) The | ||
| council shall establish a grant program to award grants for | ||
| programs that improve the coordination between substance use, | ||
| mental health, and public health care services in this state | ||
| providing services to individuals with co-occurring mental health | ||
| and substance use disorders. | ||
| (b) A program funded through a grant awarded under this | ||
| subchapter must improve the coordination between substance use, | ||
| mental health, and public health care services in the state | ||
| through: | ||
| (1) evidence-based preventative or therapeutic | ||
| measures, research, the implementation of new technology, data | ||
| collection, education programs, or capital improvements; and | ||
| (2) providing an efficient and cost-effective method | ||
| that is directed to support the coordination of personnel, capital | ||
| improvements, data interoperability, or long-term financial | ||
| sustainability of the mental health care, substance use, and public | ||
| health care providers. | ||
| (c) Annually, the council shall establish procedures for | ||
| submitting, accepting, and evaluating grant applications under | ||
| this subchapter. | ||
| (d) The council, in coordination with the statewide | ||
| behavioral health coordinating council established under | ||
| Subchapter M-1, Chapter 531, shall evaluate grant applications at | ||
| least biennially. | ||
| Sec. 403.605. REPORT. Not later than October 1 of each | ||
| year, the Texas Treasury Safekeeping Trust Company shall submit a | ||
| written report to the legislature detailing: | ||
| (1) all expenditures made by the council during the | ||
| preceding state fiscal year; and | ||
| (2) any amount of money greater than the initial | ||
| appropriation of permanent principal by the legislature that is | ||
| held in the fund. | ||
| Sec. 403.606. RULES. The council shall adopt rules to | ||
| implement this subchapter. | ||
| SECTION 2. As soon as practicable after the effective date | ||
| of this Act, the executive commissioner of the Health and Human | ||
| Services Commission, the governor, the lieutenant governor, and the | ||
| speaker of the house of representatives shall appoint the members | ||
| of the mental health, substance use, and public health initiative | ||
| council as provided by Section 403.602, Government Code, as added | ||
| by this Act. | ||
| 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, 2023. | ||
