Bill Text: TX SB528 | 2025-2026 | 89th Legislature | Enrolled

Texas Senate Bill 528

Bill Title: Relating to inpatient competency restoration services.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2025-06-20 - Effective on 9/1/25 [SB528 Detail]

Download: Texas-2025-SB528-Enrolled.html



	S.B. No. 528




	AN ACT
	relating to inpatient competency restoration services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
	amended by adding Chapter 580 to read as follows:
	CHAPTER 580. INPATIENT COMPETENCY RESTORATION SERVICES
	Sec. 580.001. DEFINITIONS. In this chapter:
	(1) "Commission" means the Health and Human Services
	Commission.
	(2) "Competency restoration" has the meaning assigned
	by Article 46B.001, Code of Criminal Procedure.
	(3) "Residential care facility" has the meaning
	assigned by Section 591.003.
	Sec. 580.002. APPLICABILITY. This chapter applies to a
	facility that contracts or subcontracts with the commission to
	provide inpatient competency restoration services for an
	individual to stand trial in accordance with Chapter 46B, Code of
	Criminal Procedure, or that subcontracts to provide those services.
	Sec. 580.003. MEMORANDUM OF UNDERSTANDING. The executive
	commissioner by rule shall require each facility to which this
	chapter applies to enter into a memorandum of understanding with
	the county and municipality in which the facility is located and
	each local mental health authority and local behavioral health
	authority that operates in the county or municipality, as
	applicable, to outline the respective powers and duties of the
	parties with respect to inpatient competency restoration services.
	Sec. 580.004. ANNUAL REPORT TO COMMISSION. (a) The
	commission shall require each facility to which this chapter
	applies to annually provide to the commission, in the form and
	manner the commission requires, the following information for the
	preceding year regarding individuals who received inpatient
	competency restoration services at the facility:
	(1) the total number of individuals who received
	inpatient competency restoration services at the facility and the
	number of those individuals who were restored to competency;
	(2) for those individuals who were restored to
	competency, the average number of days the individuals received
	services at the facility;
	(3) the number of individuals who were restored to
	competency after receiving services at the facility for not more
	than 60 days;
	(4) the number of individuals who were not restored to
	competency within the initial restoration period and for whom a
	treatment extension was sought;
	(5) the number of individuals who were not restored to
	competency and who were transferred to an inpatient mental health
	facility or residential care facility; and
	(6) for individuals who were not restored to
	competency, the average length of time between the date a
	determination was made that an individual was not restored to
	competency and the date the individual was transferred to an
	inpatient mental health facility or residential care facility.
	(b) The data in the report must be disaggregated by whether
	the individual was charged with a misdemeanor or felony offense and
	by any other appropriate demographic factors determined by the
	commission.
	Sec. 580.005. ANNUAL REPORT TO LEGISLATURE. Not later than
	August 1 of each year, the commission shall prepare and submit to
	the legislature a written report on inpatient competency
	restoration services in this state for the state fiscal year
	preceding the year in which the report is due. The report must
	include:
	(1) a performance evaluation of each facility to which
	this chapter applies;
	(2) aggregated demographic data on individuals who
	received inpatient competency restoration services at a facility to
	which this chapter applies, including the criminal offenses the
	individuals were charged with, the individuals' countries of
	origin, and the individuals' diagnoses, if applicable; and
	(3) the overall cost of providing inpatient competency
	restoration services at a facility to which this chapter applies
	compared to the cost of:
	(A) providing forensic inpatient competency
	restoration services at a state hospital; and
	(B) other competency restoration programs
	managed by the commission.
	SECTION 2. Notwithstanding Section 580.005, Health and
	Safety Code, as added by this Act, the Health and Human Services
	Commission is not required to submit the initial report required by
	that section until August 1, 2027.
	SECTION 3. This Act takes effect September 1, 2025.






	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 528 passed the Senate on
	April 24, 2025, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 26, 2025, by the
	following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 528 passed the House, with
	amendment, on May 22, 2025, by the following vote: Yeas 145,
	Nays 0, two present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor