Bill Text: TX SB632 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the composition of the governing bodies and the consultation policies of local mental health authorities with respect to sheriffs, their representatives, and local law enforcement agencies.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB632 Detail]

Download: Texas-2019-SB632-Enrolled.html
 
 
  S.B. No. 632
 
 
 
 
AN ACT
  relating to the composition of the governing bodies and the
  consultation policies of local mental health authorities with
  respect to sheriffs, their representatives, and local law
  enforcement agencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 533, Health and Safety
  Code, is amended by adding Section 533.0351 to read as follows:
         Sec. 533.0351.  REQUIRED COMPOSITION OF LOCAL MENTAL HEALTH
  AUTHORITY GOVERNING BODY. (a)  If a local mental health authority
  has a governing body, 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.
         (b)  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 may designate a representative to serve in the
  sheriff's place as an ex officio nonvoting member under Subsection
  (a). Except as provided by Subsection (c-1), 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)  A local mental health authority may rotate the
  positions of 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 ex officio nonvoting members under this
  subsection.
         (d)  A local mental health authority may not bar or restrict
  a sheriff or representative of a sheriff who serves as an ex officio
  nonvoting member under Subsection (a) from speaking or providing
  input at a meeting of the local authority's governing body.
         (e)  If a local mental health authority does not have a
  governing body, the local authority shall:
               (1)  for a local authority that serves only one county,
  consult with the sheriff of the county or a representative of the
  sheriff regarding the use of funds received under Section
  533.035(b); or
               (2)  for a local authority that serves two or more
  counties, take the median population size of each of those counties
  and consult with both:
                     (A)  a sheriff or a representative of a sheriff of
  a county with a population above the median population size
  regarding the use of funds received under Section 533.035(b); and
                     (B)  a sheriff or a representative of a sheriff of
  a county with a population below the median population size
  regarding the use of funds received under Section 533.035(b).
         (f)  This section does not prevent a sheriff or
  representative of a sheriff from being included in the governing
  body of a local mental health authority as a voting member of the
  body.
         SECTION 2.  Section 533.0352(d), Health and Safety Code, is
  amended to read as follows:
         (d)  In developing the local service area plan, the local
  mental health authority shall:
               (1)  solicit information regarding community needs
  from:
                     (A)  representatives of the local community;
                     (B)  consumers of community-based mental health
  services and members of the families of those consumers; [and]
                     (C)  local law enforcement agencies; and
                     (D)  other interested persons; and
               (2)  consider:
                     (A)  criteria for assuring accountability for,
  cost-effectiveness of, and relative value of service delivery
  options;
                     (B)  goals to minimize the need for state hospital
  and community hospital care;
                     (C)  goals to divert consumers of services from
  the criminal justice system;
                     (D)  goals to ensure that a child with mental
  illness remains with the child's parent or guardian as appropriate
  to the child's care; and
                     (E)  opportunities for innovation in services and
  service delivery.
         SECTION 3.  Section 534.002, Health and Safety Code, is
  amended to read as follows:
         Sec. 534.002.  BOARD OF TRUSTEES FOR CENTER ESTABLISHED BY
  ONE LOCAL AGENCY.  (a)  The board of trustees of a community center
  established by one local agency is composed of:
               (1)  the members of the local agency's governing body;
  [or]
               (2)  not fewer than five or more than nine qualified
  voters who reside in the region to be served by the center and who
  are appointed by the local agency's governing body; and
               (3)  a sheriff or a representative of a sheriff of a
  county in the region served by the community center who is appointed
  by the local agency's governing body to serve as an ex officio
  nonvoting member.
         (b)  If a qualified voter appointed to a community center
  under Subsection (a)(2) is the sheriff of the only county in the
  region served by a community center, Subsection (a)(3) does not
  apply.
         (c)  If a qualified voter appointed to a community center
  under Subsection (a)(2) is a sheriff of a county in the region
  served by a community center and the region served by the community
  center consists of more than one county, under Subsection (a)(3)
  the local agency's governing body shall appoint a sheriff or a
  representative of a sheriff from a different county in the region
  served by the community center.
         (d)  Subsection (a)(3) does not prevent a sheriff or
  representative of a sheriff from being included on the board of
  trustees of a community center as a voting member of the board.
         SECTION 4.  Section 534.003, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsections (a-1) and
  (a-2) to read as follows:
         (a)  Except as provided by Subsection (a-1), the [The] board
  of trustees of a community center established by an organizational
  combination of local agencies is composed of not fewer than five or
  more than 13 members.
         (a-1)  In addition to the members described by Subsection
  (a), the board of trustees of a community center must include:
               (1)  if the region served by the community center
  consists of only one county, the sheriff of that county or a
  representative of the sheriff to serve as an ex officio nonvoting
  member; or
               (2)  if the region served by the community center
  consists of more than one county, sheriffs from at least two of the
  counties in the region served by the community center or
  representatives of the sheriffs to serve as ex officio nonvoting
  members.
         (a-2)  Subsection (a-1) does not prevent a sheriff or
  representative of a sheriff from being included on the board of
  trustees of a community center as a voting member of the board.
         SECTION 5.  If the governing body of a local mental health
  authority established under Chapter 533, Health and Safety Code, or
  the board of trustees of a community center established under
  Chapter 534, Health and Safety Code, includes a sheriff or
  representative of a sheriff as a voting member of the governing body
  or board of trustees before the effective date of this Act, the
  sheriff or representative of the sheriff may continue to serve as a
  voting member of the governing body or board of trustees after the
  effective date of this Act.
         SECTION 6.  This Act takes effect September 1, 2019.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 632 passed the Senate on
  March 26, 2019, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on May 23, 2019, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 632 passed the House, with
  amendments, on May 21, 2019, by the following vote: Yeas 140,
  Nays 1, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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