Relating to the administration of funding for the coordination of mental health, substance use, and public health care services in this state.

89(R) HB 1747 - House Committee Report version - Bill Text

89R25271 MPF-D

By: Campos

H.B. No. 1747

Substitute the following for H.B. No. 1747:

By: VanDeaver

C.S.H.B. No. 1747

A BILL TO BE ENTITLED

AN ACT

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 547, Government Code, is amended by

adding Subchapter K to read as follows:

SUBCHAPTER K. MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC HEALTH

INITIATIVES

Sec. 547.0551. DEFINITIONS. In this subchapter:

(1)

"Council" means the mental health, substance use,

and public health initiative council established by Section

547.0552.

(2)

"Fund" means the mental health, substance use, and

public health initiative trust fund established by Section

547.0553.

(3)

"Trust company"

means the Texas Treasury

Safekeeping Trust Company.

Sec.

547.0552.

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 between mental health, substance use, and

public health care services in this state.

(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 mental health, substance

use, 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 mental health,

substance use, 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

mental health, substance use, and public health;

(4)

three members appointed by the executive

commissioner who are from academia or the medical profession and

have significant experience in matters of mental health, substance

use, and public health;

(5)

seven members appointed by the executive

commissioner 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 executive commissioner or the executive

commissioner's designee.

(c)

The executive commissioner or the executive

commissioner'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 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

547.0554 requires the unanimous approval of all members of the

council.

(h) The council is subject to Chapter 551.

Sec.

547.0553.

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 to be administered by the Department of State Health

Services. The fund is not a part of this state's general funds.

(b)

The fund is held and invested by the 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

separate accounts 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 be used only for the purposes

of this subchapter.

(e) Money deposited in the fund may be used to:

(1)

provide grants in accordance with Section

547.0554; and

(2)

pay the trust company's expenses of managing the

fund's assets.

(f)

In managing the assets of the fund, through procedures

and subject to restrictions the trust company considers

appropriate, the trust company may acquire, exchange, sell,

supervise, manage, or retain any kind of investment that a prudent

investor, exercising reasonable care, skill, and caution, would

acquire or retain in light of the purposes, terms, distribution

requirements, and other circumstances of the fund then prevailing,

taking into consideration the investment of all the assets of the

fund rather than a single investment.

(g)

The trust company shall adopt a written investment

policy and a distribution policy appropriate for the fund.

(h)

The trust company shall disburse money from the fund as

directed by the council.

(i)

The trust company shall annually provide to the council

a written report on the investments of the fund.

(j)

The council shall annually provide to the trust company

a forecast of the cash flows into and out of the fund.

The council

shall provide updates to the forecast as appropriate to ensure the

trust company is able to achieve the purposes of this subchapter.

(k)

The 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.

547.0554.

ESTABLISHMENT OF GRANT PROGRAM. (a) The

council shall establish a grant program to award grants for

programs that improve the coordination between mental health,

substance use, 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 mental health,

substance use, and public health care services in this 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

directed to support the coordination of personnel, capital

improvements, data interoperability, or long-term financial

sustainability of mental health care, substance use treatment, 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 D, shall evaluate grant applications at least

biennially.

Sec.

547.0555.

REPORT. Not later than October 1 of each

year, the council 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.

547.0556.

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 547.0552, 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, 2025.