88R8554 MPF-F     By: Menéndez S.B. No. 2452       A BILL TO BE ENTITLED   AN ACT   relating to the provision of behavioral health crisis services,   including the establishment of crisis centers and mobile crisis   teams; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 531, Government Code, is amended by   adding Subchapter P to read as follows:   SUBCHAPTER P. BEHAVIORAL HEALTH CRISIS SERVICES          Sec. 531.601.  DEFINITIONS. In this subchapter:                (1)  "Crisis center" means a state-designated 988   Suicide & Crisis Lifeline center participating in the National   Suicide Prevention Lifeline network to respond to statewide or   regional communications.                (2)  "Mobile crisis team" means a regionally located   multidisciplinary response behavioral health team.          Sec. 531.602.  988 SUICIDE AND CRISIS LIFELINE ADVISORY   COMMITTEE. (a) The 988 suicide and crisis lifeline advisory   committee is established to advise the commission and make   recommendations regarding implementing a state-designated 988   suicide and crisis lifeline.          (b)  The advisory committee is composed of representatives   of the following:                (1)  a crisis center;                (2)  a 9-1-1 call center;                (3)  a local mental health authority;                (4)  the Department of Public Safety of the State of   Texas;                (5)  a hospital emergency department;                (6)  a state court;                (7)  an individual or family member or caregiver of an   individual who has lived experience with suicide prevention or   usage of behavioral health crisis services; and                (8)  a behavioral health crisis service provider.          (c)  The executive commissioner shall appoint members to the   advisory committee.          Sec. 531.603.  ESTABLISHMENT OF CRISIS CENTERS AND MOBILE   CRISIS TEAMS. (a) The commission shall establish:                (1)  at least one crisis center to provide crisis   stabilization services to individuals in this state who are   accessing the 988 Suicide & Crisis Lifeline; and                (2)  mobile crisis teams to respond to behavioral   health crises and provide crisis stabilization services.          (b)  In establishing a crisis center, the executive   commissioner shall adopt rules to allow information sharing and   communication between a crisis center and a mobile crisis team to   enhance crisis care coordination.          (c)  In establishing a mobile crisis team, the commission   must:                (1)  design the team in partnership with members of the   community to be served, including people with lived experience   using crisis services;                (2)  staff the team with personnel who reflect the   demographics of the community served; and                (3)  require the team to collect customer service data   from individuals served by the team.          Sec. 531.604.  CRISIS CENTER POWERS AND DUTIES. (a)  A   crisis center established by the commission 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 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 specialized   center within the 988 Suicide & Crisis Lifeline network; and                (7)  provide follow-up services to individuals who call   the crisis center.          (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. 531.605.  SERVING AT-RISK AND SPECIALIZED POPULATIONS.   A crisis center shall serve at-risk and specialized populations as   identified by the Substance Abuse and Mental Health Services   Administration.  The populations served must include the LGBTQ   community, youth, minorities, individuals residing in rural areas,   veterans, American Indians, Alaska Natives, and individuals with   co-occurring substance use disorder and mental illness.          Sec. 531.606.  CRISIS CARE COORDINATION. (a) The   commission shall ensure that an individual who contacts a crises   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 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. 531.607.  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   531.608;                (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   stabilization services by directly responding to the 988 Suicide &   Crisis Lifeline;                (3)  provide funding for uninsured individuals   receiving crisis and stabilization services;                (4)  provide personnel for crisis centers and mobile   crisis 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 subchapter.          (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. 531.608.  988 SUICIDE AND CRISIS LIFELINE FEE. (a)  The   commission 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   531.607.          (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. 531.609.  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, 2023.