Menéndez Crisis Bill Allows A 988 Phone Fee With No Cap

The text as introduced · 1,013 words

89R4048 MPF-F

By: Menéndez
S.B. No. 188

A BILL TO BE ENTITLED

AN ACT

relating to the provision of behavioral health crisis services,

including the operation of crisis centers and mobile crisis

outreach teams; authorizing a fee.

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

SECTION 1. Chapter 547, Government Code, as effective April

1, 2025, is amended by adding Subchapter K to read as follows:

SUBCHAPTER K. BEHAVIORAL HEALTH CRISIS SERVICES

Sec. 547.0501. DEFINITIONS. In this subchapter:

(1) "Crisis center" means a 988 Suicide & Crisis

Lifeline center participating in the National Suicide Prevention

Lifeline network to respond to statewide or regional

communications.

(2) "Mobile crisis outreach team" means a team of

qualified mental health professionals who provide crisis services,

including:

(A) facilitating emergency care services;

(B) providing urgent care services; and

(C) providing crisis follow-up and relapse

prevention services.

(3) "Youth crisis outreach team" means a mobile crisis

outreach team designed primarily to serve children or adolescents.

Sec. 547.0502. CRISIS CENTER STANDARDS. (a) A crisis

center operating in this state shall:

(1) contract with the 988 Suicide & Crisis Lifeline;

(2) satisfy the requirements of and best practices

identified by the 988 Suicide & Crisis Lifeline;

(3) provide and report any applicable data;

(4) be equipped to deploy a mobile crisis outreach

team or youth crisis outreach team;

(5) satisfy the requirements for serving at-risk and

specialized populations as identified by the Substance Abuse and

Mental Health Services Administration;

(6) provide linguistically and culturally competent

care, including by requiring training and providing policies for

transferring a crisis center caller to an appropriate mental health

care provider; and

(7) provide follow-up services to individuals who call

the crisis center, as appropriate.

(b) The executive commissioner shall adopt rules to allow

appropriate information sharing and communication across crisis

response systems and emergency response systems to provide

real-time crisis care coordination.

Sec. 547.0503. CRISIS CARE COORDINATION. (a) The

commission shall ensure that an individual who contacts a crisis

center is provided ongoing care through active collaboration and

coordination of services among crisis centers and mental health and

substance use disorder treatment providers, community mental

health centers, certified community behavioral health clinics,

community behavioral health centers, mobile crisis outreach teams,

youth crisis outreach teams, hospital emergency departments, and

inpatient psychiatric settings.

(b) The commission may contract with the entities listed

under Subsection (a) to ensure the coordination of services.

Sec. 547.0504. 988 SUICIDE AND CRISIS LIFELINE TRUST FUND.

(a) The 988 suicide and crisis lifeline trust fund is established

as a trust fund to be held by the comptroller outside the state

treasury and administered by the commission.

(b) The trust fund consists of:

(1) revenue derived from the fee described by Section

547.0505;

(2) legislative appropriations of money for the

purposes of this subchapter;

(3) available federal funding this state allocates for

the purposes of the 988 Suicide & Crisis Lifeline;

(4) gifts, grants, and donations received by this

state for the purposes of the trust fund;

(5) interest, dividends, and other income of the trust

fund; and

(6) money from any other source that is deposited in or

transferred to the trust fund.

(c) Money deposited in the trust fund may only be used to:

(1) implement, maintain, or improve the 988 Suicide &

Crisis Lifeline, including personnel and technological

infrastructure improvements necessary to achieve operational and

clinical standards and best practices as provided by the National

Suicide Prevention Lifeline;

(2) provide funding for crisis outreach and other

services a community mental health center provides in response to

the 988 Suicide & Crisis Lifeline;

(3) provide funding for uninsured individuals

receiving crisis and stabilization services;

(4) provide personnel for crisis centers, mobile

crisis outreach teams, and youth crisis outreach teams;

(5) fund data provision, reporting, participation in

evaluations, and other related quality improvement activities; and

(6) administer, oversee, and evaluate the trust fund.

(d) The state may not transfer or use trust fund assets for

any purpose other than the uses provided in this section.

(e) The executive commissioner shall submit an annual

report to the legislature and the Federal Communications Commission

detailing the trust fund deposits and expenditures in the preceding

year.

Sec. 547.0505. 988 SUICIDE AND CRISIS LIFELINE FEE. (a)

The commission, in collaboration with the Commission on State

Emergency Communications, may impose a 988 suicide and crisis

lifeline service fee to supplement any federal, state, or local

funding for suicide prevention or behavioral health crisis services

on each:

(1) local exchange access line or equivalent local

exchange access line, not including public telephone equipment

operated by coin or by card reader;

(2) wireless telecommunications connection;

(3) Voice over Internet Protocol service connection;

and

(4) purchase of a prepaid wireless telecommunications

service by any method.

(b) The executive commissioner by rule shall set the fee in

an amount sufficient to cover the costs of creating, operating, and

maintaining the suicide prevention services provided under this

subchapter, according to the national guidelines for crisis

services. The commission shall periodically adjust the fee amount

as necessary to provide for continuous operation, volume increases,

and maintenance.

(c) Revenue from the fee shall be deposited in the 988

suicide and crisis lifeline trust fund established under Section

547.0504.

(d) A fee collected under this section may only be used to

offset costs as provided by 47 U.S.C. Section 251a.

(e) Revenue from the fee may not be used for expenses that

are:

(1) reimbursable through Medicaid, Medicare, or

another insurer or governmental program; or

(2) covered because the service recipient's name and

health coverage information cannot be obtained or billed.

(f) The executive commissioner shall submit an annual

report to the legislature and the Federal Communications Commission

detailing the revenue generated by the fee in the preceding year.

Sec. 547.0506. ANNUAL REPORT. (a) The commission shall

prepare an annual report of the usage of crisis centers and the

services provided by the centers.

(b) The commission shall present the annual report to the

legislature and the Substance Abuse and Mental Health Services

Administration.

SECTION 2. This Act takes effect September 1, 2025.