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 |
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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; [ |
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(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; | ||
[ |
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(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 [ |
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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 |