88R20383 EAS-D     By: Price, Thompson of Harris, Guillen, H.B. No. 2059       Lujan, Jetton     Substitute the following for H.B. No. 2059:     By:  Klick C.S.H.B. No. 2059       A BILL TO BE ENTITLED   AN ACT   relating to mental health first aid training provided by local   mental health authorities and local behavioral health authorities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1001.201, Health and Safety Code, is   amended to read as follows:          Sec. 1001.201.  DEFINITIONS.  In this subchapter:                (1)  "Child-care facility" has the meaning assigned by   Section 42.002, Human Resources Code.                (2)  "Educator" means a person who is required to hold a   certificate issued under Subchapter B, Chapter 21, Education Code.                (3)  "First responder" has the meaning assigned by   Section 421.095, Government Code.                (4)  "Institution of higher education" has the meaning   assigned by Section 61.003, Education Code.                (5)  "Local behavioral health authority" means an   authority designated by the commission under Section 533.0356.                (6) [(2)]  "Local mental health authority" has the   meaning assigned by Section 531.002.                (7)  "Open-enrollment charter school" and "private   school" have the meanings assigned by Section 5.001, Education   Code.                (8) [(3)]  "Regional education service center" means a   regional education service center established under Chapter 8,   Education Code.                (9) [(4)]  "School district employee" means a person   employed by a school district who regularly interacts with students   through the course of the person's duties, including an educator, a   secretary, a school bus driver, or a cafeteria worker.                (10) [(5)]  "School resource officer" has the meaning   assigned by Section 1701.601, Occupations Code.                [(6)  "University employee" means a person employed by   a public or private institution of higher education who regularly   interacts with students enrolled at the university through the   course of the person's duties.]          SECTION 2.  Section 1001.202, Health and Safety Code, is   amended to read as follows:          Sec. 1001.202.  GRANTS FOR TRAINING OF MENTAL HEALTH FIRST   AID TRAINERS. (a) To the extent money is [funds are] appropriated   to the commission [department] for that purpose, the commission   [department] shall make grants to local mental health authorities   or local behavioral health authorities to contract with persons   approved by the commission [department] to train employees or   contractors of the authorities as mental health first aid trainers.          (b)  The commission [department] shall make each grant to a   local mental health authority or local behavioral health authority   under this section in the [an] amount the commission determines   necessary to cover the costs of training [equal to $1,000 times the   number of] employees or contractors of the authority whose training   as mental health first aid trainers will be paid by the grant.          (d)  The executive commissioner shall adopt rules to   establish the requirements for a person to be approved by the   commission [department] to train employees or contractors of a   local mental health authority or local behavioral health authority   as mental health first aid trainers. The rules must ensure that a   person who is approved by the commission [department] is qualified   to provide training in:                (1)  the potential risk factors and warning signs for   various mental illnesses, including depression, anxiety, trauma,   psychosis, eating disorders, substance use [abuse] disorders, and   self-injury;                (2)  the prevalence of various mental illnesses in the   United States and the need to reduce the stigma associated with   mental illness;                (3)  an action plan for use by the employees or   contractors that involves the use of skills, resources, and   knowledge to assess a situation and develop and implement an   appropriate intervention to help an individual experiencing a   mental health crisis obtain appropriate professional care; and                (4)  the evidence-based professional, peer, social,   and self-help resources available to help individuals with mental   illness.          (e)  Two or more local mental health authorities or local   behavioral health authorities may collaborate and share resources   to provide training for employees or contractors of the authorities   under this section.          SECTION 3.  Section 1001.203, Health and Safety Code, is   amended to read as follows:          Sec. 1001.203.  GRANTS FOR TRAINING CERTAIN INDIVIDUALS    [UNIVERSITY EMPLOYEES, SCHOOL DISTRICT EMPLOYEES, AND SCHOOL   RESOURCE OFFICERS] IN MENTAL HEALTH FIRST AID. (a) To the extent   money is [funds are] appropriated [to the department] for the   [that] purpose, the commission [department] shall make grants to   local mental health authorities or local behavioral health   authorities to provide at no cost an approved mental health first   aid training program[,] administered by mental health first aid   trainers[, at no cost] to the following individuals at the   discretion of the authorities:                (1)  [university employees,] school district   employees[,] and school resource officers;                (2)  employees of:                      (A)  an institution of higher education;                      (B)  an open-enrollment charter school; or                      (C)  a private school;                (3)  employees and contractors of a child-care   facility;                (4)  youth;                (5)  individuals with direct and recurring contact with   students;                (6)  first responders;                (7)   military service members, veterans, or immediate   family members of military service members or veterans;                (8)  judges and attorneys, as applicable based on the   practice of law of the judge or attorney; or                (9)  contractors of an institution of higher education,   an open-enrollment charter school, a private school, or a school   district.          (c)  The commission [department] shall grant [$100] to a   local mental health authority or local behavioral health authority   the amount the commission determines necessary to cover the costs   of training each individual described by Subsection (a) [for each   university employee, school district employee, or school resource   officer] who successfully completes a mental health first aid   training program provided by the authority under this section.          (d)  A mental health first aid training program provided by a   local mental health authority or local behavioral health authority   under this section must:                (1)  be conducted by a person trained as a mental health   first aid trainer;                (2)  provide participants with the skills necessary to   help an individual experiencing a mental health crisis until the   individual is able to obtain appropriate professional care; and                (3)  include:                      (A)  instruction in a five-step strategy for   helping an individual experiencing a mental health crisis,   including assessing risk, listening respectfully to and supporting   the individual, and identifying professional help and other   supports for the individual;                      (B)  an introduction to the risk factors and   warning signs for mental illness and substance use [abuse]   problems;                      (C)  experiential activities to increase   participants' understanding of the impact of mental illness on   individuals and families; and                      (D)  a presentation of evidence-supported   treatment and self-help strategies.          (e)  A local mental health authority or local behavioral   health authority may contract with a regional education service   center to provide under this section a mental health first aid   training program to [university employees,] school district   employees and contractors, [and] school resource officers,   open-enrollment charter school employees and contractors, private   school employees and contractors, and employees and contractors of   an institution of higher education [under this section].          (f)  Two or more local mental health authorities or local   behavioral health authorities may collaborate and share resources   to develop and operate a mental health first aid training program   under this section.          SECTION 4.  Section 1001.204, Health and Safety Code, is   amended to read as follows:          Sec. 1001.204.  PLANS FOR MENTAL HEALTH FIRST AID TRAINING   PROGRAMS. (a) Not later than July 1 of each even-numbered [state   fiscal] year for which a local mental health authority or local   behavioral health authority will seek a grant from the commission   [department] under Section 1001.203, the authority shall submit to   the commission [department] a plan demonstrating the manner in   which grants made to the authority under that section will be used:                (1)  to train individuals in mental health first aid   throughout the authority's local service area to maximize the   number of children who have direct contact with an individual who   has successfully completed a mental health first aid training   program provided by the authority;                (2)  to meet the greatest needs of the authority's local   service area, as identified by the authority; and                (3)  to complement existing resources and not duplicate   established mental health first aid training efforts.          (b)  The commission [department] may not make a grant to a   local mental health authority or local behavioral health authority   under Section 1001.203 unless the commission [department] has   evaluated a plan submitted by the authority under this section.          SECTION 5.  Section 1001.205, Health and Safety Code, is   amended to read as follows:          Sec. 1001.205.  REPORTS. (a) Not later than September 30 of   each year, a local mental health authority or local behavioral   health authority shall provide to the commission [department] the   number of:                (1)  employees and contractors of the authority who   were trained as mental health first aid trainers under Section   1001.202 during the preceding fiscal year, the number of trainers   who left the program for any reason during the preceding fiscal   year, and the number of active trainers;                (2)  [university employees,] school district   employees[,] and contractors, school resource officers,   open-enrollment charter school employees and contractors, private   school employees and contractors, and employees and contractors of   an institution of higher education who completed a mental health   first aid training program offered by the authority under Section   1001.203 during the preceding fiscal year categorized by:                      (A)  local mental health authority or local   behavioral health authority region;                      (B)  [, university or] school district,   open-enrollment charter school, private school, and institution of   higher education, as applicable; [,] and                      (C)  category of personnel;                (3)  child-care facility employees and contractors,   youth, individuals with direct and recurring contact with students,   first responders, judges, and attorneys [individuals who are not   university employees, school district employees, or school   resource officers] who completed a mental health first aid training   program offered by the authority during the preceding fiscal year   categorized by local mental health authority or local behavioral   health authority region; and                (4)  military service members, veterans, and immediate   family members of military service members and veterans who   completed the veterans module or standard version of a mental   health first aid training program offered by the authority during   the preceding fiscal year categorized by local mental health   authority or local behavioral health authority region and the   training program completed.          (b)  Not later than December 1 of each year, the commission    [department] shall compile the information submitted by local   mental health authorities or local behavioral health authorities as   required by Subsection (a) and submit a report to the legislature   containing:                (1)  the number of authority employees and contractors   trained as mental health first aid trainers during the preceding   fiscal year, the number of trainers who left the program for any   reason during the preceding fiscal year, and the number of active   trainers;                (2)  the number of [university employees,] school   district employees[,] and contractors, school resource officers,   open-enrollment charter school employees and contractors, private   school employees and contractors, and employees and contractors of   an institution of higher education who completed a mental health   first aid training program provided by an authority during the   preceding fiscal year categorized by:                      (A)  local mental health authority region or local   behavioral health authority region;                      (B)  [, university or] school district,   open-enrollment charter school, private school, and institution of   higher education, as applicable; [,] and                      (C)  category of personnel;                (3)  the number of child-care facility employees and   contractors, youth, individuals with direct and recurring contact   with students, first responders, judges, and attorneys   [individuals who are not university employees, school district   employees, or school resource officers] who completed a mental   health first aid training program provided by an authority during   the preceding fiscal year categorized by local mental health   authority or local behavioral health authority region;                (4)  the number of military service members, veterans,   and immediate family members of military service members and   veterans who completed the veterans module or standard version of a   mental health first aid training program provided by an authority   during the preceding fiscal year categorized by local mental health   authority or local behavioral health authority region and the   training program completed; and                (5)  a detailed accounting of expenditures of money   appropriated for the purpose of implementing this subchapter.          (c)  The commission [department] shall develop and provide   to local mental health authorities and local behavioral health   authorities a form to be used for the reporting of information   required under Subsection (a), including the reporting of each   category of personnel described by that subsection.          SECTION 6.  Section 1001.206, Health and Safety Code, is   amended to read as follows:          Sec. 1001.206.  LIABILITY. A person who has completed a   mental health first aid training program offered by a local mental   health authority or local behavioral health authority under this   subchapter and who in good faith attempts to assist an individual   experiencing a mental health crisis is not liable in civil damages   for an act performed in attempting to assist the individual unless   the act is wilfully or wantonly negligent.          SECTION 7.  The following sections of the Health and Safety   Code are repealed:                (1)  Section 1001.2015; and                (2)  Section 1001.2031.          SECTION 8.  This Act takes effect September 1, 2023.