Relating to the composition of the governing bodies of local mental health authorities and reports available to the governing body members.

89(R) SB 2446 - Engrossed version - Bill Text

By: Sparks

S.B. No. 2446

A BILL TO BE ENTITLED

AN ACT

relating to the composition of the governing bodies of local mental

health authorities and reports available to the governing body

members.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 533.035, Health and Safety Code, is

amended by adding Subsection (f) to read as follows:

(f) Each local mental health authority shall:

(1)

prepare a monthly expense report detailing each

expenditure the local mental health authority made in the preceding

month; and

(2)

make the report available in an electronic format

to each member of the governing body, including ex officio

nonvoting members.

SECTION 2. Section 533.0351, Health and Safety Code, is

amended by amending Subsections (a), (b), (c), and (c-1) and adding

Subsections (a-1) and (c-2) to read as follows:

(a)
Each
[
If a
] local mental health authority
must have

[
has
] a governing body
. The
[
, the
] governing body must include:

(1) for a local authority that serves only one county,

the sheriff of the county [
as an ex officio nonvoting member
]; and

(2) for a local authority that serves two or more

counties, two sheriffs chosen in accordance with Subsection (b)
,

one of whom may serve
as
an
ex officio nonvoting
member
[
members
].

(a-1)

At least one voting member of the governing body of a

local mental health authority must be a member of the public who:

(1)

has experience in business or as an employee in a

corporate setting;

(2) has not served in a public elective office; and

(3)

is appointed by the governing bodies of the local

authority's participating local agencies in accordance with

Chapter 534 or, if the local authority does not have a participating

local agency, the local authority's governing body.

(b)
In selecting sheriffs to serve as members of the

governing body under Subsection (a)(2), a
[
A
] local mental health

authority that serves two or more counties shall take the median

population size of each of those counties and choose:

(1) one sheriff of a county with a population above the

median population size to serve as
a
[
an ex officio nonvoting
]

member under Subsection (a); and

(2) one sheriff of a county with a population below the

median population size to serve as
a
[
an ex officio nonvoting
]

member under Subsection (a).

(c) A sheriff
who is chosen to serve as a member of the

governing body of a local mental health authority in accordance

with this section
may designate a representative to serve
as a

member of the body
in the sheriff's place as
a
[
an ex officio

nonvoting
] member under Subsection (a). Except as provided by

Subsection (c-1),
for a local authority that serves two or more

counties, one sheriff or designated representative of the sheriff

may serve
[
a sheriff or representative of the sheriff serves
] as an

ex officio nonvoting member under Subsection (a) for the duration

of the applicable sheriff's term in office.

(c-1)
For a local mental health authority that serves two or

more counties, the
[
A
] local [
mental health
] authority may rotate

the
position of sheriff who serves as an
[
positions of
] ex officio

nonvoting
member
[
members as
] chosen in accordance with Subsection

(b) among the other sheriffs of the counties served by the local

authority. A local authority shall consult with each sheriff of the

counties served by the local authority in rotating the
position of

sheriff serving as an
[
positions of
] ex officio nonvoting
member

[
members
] under this subsection.

(c-2)

A person employed by a local mental health authority

may not serve as a member of the authority's governing body.

SECTION 3. Section 533.0351(e), Health and Safety Code, is

repealed.

SECTION 4. This Act takes effect September 1, 2025.