88R23803 MPF-F     By: Campos H.B. No. 4687       A BILL TO BE ENTITLED   AN ACT   relating to the administration of funding for the coordination of   mental health, substance use, and public health care services in   this state.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 403, Government Code, is amended by   adding Subchapter T to read as follows:   SUBCHAPTER T. MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC HEALTH   INITIATIVES          Sec. 403.601.  DEFINITIONS. In this subchapter:                (1)  "Council" means the mental health, substance use,   and public health initiative council established by Section   403.602.                (2)  "Fund" means the mental health, substance use, and   public health initiative trust fund established by Section 403.603.          Sec. 403.602.  MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC   HEALTH INITIATIVE COUNCIL. (a) The mental health, substance use,   and public health initiative council is established to ensure that   money allocated to the mental health, substance use, and public   health initiative trust fund is allocated fairly and spent to   improve the coordination among mental health, substance use, and   public health.          (b)  The council is composed of the following 14 members:                (1)  one member appointed by the governor who is a   current or retired health care operations professional with 10 or   more years of experience in matters of substance use, mental   health, and public health;                (2)  one member appointed by the lieutenant governor   who is a current or retired health care operations professional   with 10 or more years of experience in matters of substance use,   mental health, and public health;                (3)  one member appointed by the speaker of the house of   representatives who is a current or retired health care operations   professional with 10 or more years of experience in matters of   substance use, mental health, and public health;                (4)  three members appointed by the executive   commissioner of the Health and Human Services Commission who are   from academia or the medical profession and have significant   experience in matters of substance use, mental health, and public   health;                (5)  seven members appointed by the executive   commissioner of the Health and Human Services Commission as   follows:                      (A)  one member who is a current or former   employee of a rural hospital district;                      (B)  one member who is a current or former   employee of a local health authority;                      (C)  one member who is a current or former   employee of a local mental health authority, as defined by Section   531.002, Health and Safety Code;                      (D)  one member who is a current or former   employee of a federally qualified health center in this state;                      (E)  one member who has lived experience with a   mental health condition or substance abuse condition; and                      (F)  two members with at least 10 years of   experience working with a health philanthropy nonprofit   organization or foundation; and                (6)  the comptroller or the comptroller's designee.          (c)  The comptroller or the comptroller's designee serves as   the presiding officer of the council and is a nonvoting member.          (d)  In making appointments under Subsection (b)(4), the   executive commissioner of the Health and Human Services Commission   shall appoint members from lists provided by the governing bodies   of six rural counties and six rural municipalities selected by the   executive commissioner with each list naming two qualified   candidates with experience in substance use treatment, education,   and research.          (e)  In making appointments under Subsection (b), the   governor, lieutenant governor, and speaker of the house of   representatives shall coordinate to ensure that the membership of   the council reflects, to the extent possible, the ethnic and   geographic diversity of this state.          (f)  The council is administratively attached to the   Department of State Health Services. The Department of State Health   Services shall provide the staff and facilities necessary to assist   the council in performing its duties.          (g)  A decision by the council to award a grant under Section   403.604 requires the unanimous approval of all members of the   council.          (h)  The council is subject to Chapter 551.          Sec. 403.603.  MENTAL HEALTH, SUBSTANCE USE, AND PUBLIC   HEALTH INITIATIVE TRUST FUND. (a) The mental health, substance   use, and public health initiative trust fund is a trust fund   established outside the state treasury for the purposes of this   subchapter. The fund is not a part of this state's general funds.          (b)  The fund is administered by the Texas Treasury   Safekeeping Trust Company. The trust company may authorize money   from the fund to be invested with money from the state treasury.   The trust company may establish in the fund accounts to facilitate   the administration of money in the fund.           (c)  The fund consists of:                (1)  an initial appropriation of money by the   legislature to the fund as permanent principal for the fund;                (2)  any additional legislative appropriations of   money for the purposes of the fund;                (3)  interest or other earnings on money credited to or   allocable to the fund; and                (4)  money from gifts, grants, or donations to the   fund.          (d)  The money initially appropriated by the legislature as   permanent principal for the fund may not be used for any purpose   other than to gain interest or other investment earnings.          (e)  Money in the fund gained as interest or other earnings   on the investment of the permanent principal of the fund may be used   only to:                (1)  provide grants in accordance with Section 403.604;   and                (2)  pay the necessary and reasonable expenses of   administering the fund.          (f)  In making investments of money in the fund, the Texas   Treasury Safekeeping Trust Company shall exercise the judgment and   care under the circumstances then prevailing that a person of   ordinary prudence, discretion, and intelligence exercises in the   management of the person's own affairs.          (g)  The Texas Treasury Safekeeping Trust Company may   appoint one or more commercial banks, depository trust companies,   or other similar entities to serve as the custodian of the fund.          Sec. 403.604.  ESTABLISHMENT OF GRANT PROGRAM. (a) The   council shall establish a grant program to award grants for   programs that improve the coordination between substance use,   mental health, and public health care services in this state   providing services to individuals with co-occurring mental health   and substance use disorders.          (b)  A program funded through a grant awarded under this   subchapter must improve the coordination between substance use,   mental health, and public health care services in the state   through:                (1)  evidence-based preventative or therapeutic   measures, research, the implementation of new technology, data   collection, education programs, or capital improvements; and                (2)  providing an efficient and cost-effective method   that is directed to support the coordination of personnel, capital   improvements, data interoperability, or long-term financial   sustainability of the mental health care, substance use, and public   health care providers.          (c)  Annually, the council shall establish procedures for   submitting, accepting, and evaluating grant applications under   this subchapter.          (d)  The council, in coordination with the statewide   behavioral health coordinating council established under   Subchapter M-1, Chapter 531, shall evaluate grant applications at   least biennially.          Sec. 403.605.  REPORT. Not later than October 1 of each   year, the Texas Treasury Safekeeping Trust Company shall submit a   written report to the legislature detailing:                (1)  all expenditures made by the council during the   preceding state fiscal year; and                (2)  any amount of money greater than the initial   appropriation of permanent principal by the legislature that is   held in the fund.          Sec. 403.606.  RULES. The council shall adopt rules to   implement this subchapter.          SECTION 2.  As soon as practicable after the effective date   of this Act, the executive commissioner of the Health and Human   Services Commission, the governor, the lieutenant governor, and the   speaker of the house of representatives shall appoint the members   of the mental health, substance use, and public health initiative   council as provided by Section 403.602, Government Code, as added   by this Act.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2023.