Alders Mental Health Bill Also Bans DEI Programs

The text as introduced · 788 words

By: Alders
H.B. No. 4856

A BILL TO BE ENTITLED

AN ACT

relating to the governance of local mental health authorities and

the composition of the governing bodies of local mental health

authorities.

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) A local mental health authority shall make available a

monthly expense report in an electronic format, detailing every

expenditure as reasonably practical by the local mental health

authority, to each member of the governing body, including ex

officio nonvoting members.

SECTION 2. The heading to Section 533.0351, Health and

Safety Code, is amended to read as follows:

Sec. 533.0351. REQUIRED COMPOSITION AND GOVERNANCE OF LOCAL

MENTAL HEALTH AUTHORITY GOVERNING BODY.

SECTION 3. Section 533.0351, Health and Safety Code, is

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

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

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

[ has ] a governing body .

(a-1) 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) as

ex officio nonvoting members.

(a-2) At least one member of the governing board must be a

member of the public, have experience owning or operating a private

business, and not have served in elected office.

(b) In selecting sheriffs to serve as members under

Subsection (a-1)(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 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 an ex officio nonvoting member

under Subsection (a).

(c) A sheriff who is made a member of a governing body in

accordance with this section may designate a representative to

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

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

Subsection (c-1), a sheriff or the designated 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) A local mental health authority may rotate the

positions of sheriffs who serve as ex officio nonvoting 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 positions of sheriffs serving

as ex officio nonvoting members under this subsection.

(c-2) A local mental health authority shall allow a sheriff

selected under this section to be a voting member of the governing

board upon request of the sheriff, pursuant to the sheriff agreeing

to comply with all standards and rules applicable to voting board

members.

(c-3) A person employed by a local mental health authority

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

SECTION 4. Subchapter B, Chapter 533, Health and Safety

Code, is amended by adding Section 533.0355 to read as follows:

Sec. 533.0355. PROHIBITION ON DIVERSITY, EQUITY, AND

INCLUSION INITIATIVES IN LOCAL MENTAL HEALTH AUTHORITIES. (a) In

this section:

(1) "Diversity, equity, and inclusion initiative"

means an initiative that:

(A) is based on the belief that identity

classifications are central to understanding social, professional,

and political disparities;

(B) requires, encourages, or otherwise promotes

organizational practices such as employee hiring and promotion,

resource allocation, or policy formulation to achieve proportional

representation of identity classification groups or to eliminate

perceived systemic differences between them; or

(C) otherwise promotes discriminatory treatment

of a person on the basis of the person's identity classification.

(2) "Identity classification" means a classification

of a person based on the race, color, religion, national origin, or

ethnicity of the person.

(b) A local mental health authority may not, except to the

extent required by federal law:

(1) formulate, promote, or implement a diversity,

equity, and inclusion initiative; or

(2) give preference on the basis of an identity

classification to an applicant for employment, an employee, or a

participant in any function of the local mental health authority.

SECTION 5. Section 533.0351 (e), Health and Safety Code is

repealed.

SECTION 6. This Act takes effect September 1, 2025.