Campos Mental Health Bill Creates 14-Member Council, Fund Outside Treasury

The text as introduced · 1,317 words

89R6611 MPF-F

By: Campos
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 403, Government Code, is amended by

adding Subchapter V to read as follows:

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

INITIATIVES

Sec. 403.701. DEFINITIONS. In this subchapter:

(1) "Council" means the mental health, substance use,

and public health initiative council established by Section

403.702.

(2) "Fund" means the mental health, substance use, and

public health initiative trust fund established by Section 403.703.

Sec. 403.702. 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 of the Health and Human Services Commission 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 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

403.704 requires the unanimous approval of all members of the

council.

(h) The council is subject to Chapter 551.

Sec. 403.703. 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 403.704;

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. 403.704. 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, Chapter 547, shall evaluate grant applications at

least biennially.

Sec. 403.705. 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. 403.706. 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 403.702, 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.