MENTAL HEALTH AND SUBSTANCE USE SERVICES

Tex. GOV'T Code ch. 547

in effect

Tex. GOV'T Code § 547.0001. EVALUATION OF CERTAIN CONTRACTORS AND SUBCONTRACTORS.

(a) To ensure the appropriate delivery of mental health and substance use services, the commission shall regularly evaluate program contractors and subcontractors that provide or arrange services for individuals enrolled in: (1) the Medicaid managed care program; and (2) the child health plan program. (b) The commission shall monitor: (1) penetration rates as those rates relate to mental health and substance use services provided by or through contractors and subcontractors; (2) utilization rates as those rates relate to mental health and substance use services provided by or through contractors and subcontractors; and (3) provider networks used by contractors and subcontractors to provide mental health or substance use services. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0003. RULES GOVERNING PEER SPECIALISTS.

(a) With input from mental health and substance use peer specialists, the commission shall develop and the executive commissioner shall adopt: (1) rules establishing training requirements for peer specialists to provide services to individuals with mental illness or individuals with substance use conditions; (2) rules establishing certification and supervision requirements for peer specialists; (3) rules defining the scope of services that peer specialists may provide; (4) rules distinguishing peer services from other services that a person must hold a license to provide; and (5) any other rules necessary to protect the health and safety of individuals receiving peer services. (b) The executive commissioner may not adopt rules under this section that preclude the provision of mental health rehabilitative services under 25 T.A.C. Chapter 416, Subchapter A, as that subchapter existed on January 1, 2017. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0005. LOCAL MENTAL HEALTH AUTHORITY GROUP REGIONAL STRATEGIES; ANNUAL REPORT.

(a) In this section, "local mental health authority group" means a group of local mental health authorities established by the commission under Chapter 963 (S.B. 633), Acts of the 86th Legislature, Regular Session, 2019. (b) The commission shall require each local mental health authority group to meet at least quarterly to collaborate on planning and implementing regional strategies to reduce: (1) costs to local governments of providing services to individuals experiencing a mental health crisis; (2) transportation to mental health facilities of individuals served by an authority that is a member of the group; (3) incarceration of individuals with mental illness in county jails located in an area served by an authority that is a member of the group; and (4) visits by individuals with mental illness at hospital emergency rooms located in an area served by an authority that is a member of the group. (c) The commission shall use federal funds in accordance with state and federal guidelines to implement this section. (d) The commission, in coordination with each local mental health authority group, shall annually update the mental health services development plan that was initially developed by the commission and each local mental health authority group under Chapter 963 (S.B. 633), Acts of the 86th Legislature, Regular Session, 2019. The commission and each group's updated plan must include a description of: (1) actions taken by the group to implement regional strategies in the plan; and (2) new regional strategies identified by the group to reduce the circumstances described by Subsection (b), including the estimated number of outpatient and inpatient beds necessary to meet the goals of each group's regional strategy. (e) Not later than December 1 of each year, the commission shall produce and publish on the commission's Internet website a report containing the most recent version of each mental health services development plan developed by the commission and a local mental health authority group. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0006. ESTABLISHMENT OR EXPANSION OF REGIONAL BEHAVIORAL HEALTH CENTERS OR JAIL DIVERSION CENTERS.

(a) In this section: (1) "Governmental entity" means this state, a political subdivision of this state, or an agency of this state or a political subdivision of this state. (2) "Local mental health authority" has the meaning assigned by Section 531.002 , Health and Safety Code. (3) "Nonprofit organization" means an organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt entity under Section 501(c)(3) of that code. (b) To the extent money is appropriated to the commission for that purpose, the commission, in cooperation with local mental health authorities located primarily in rural areas of this state, shall contract with nonprofit organizations or governmental entities to establish or expand behavioral health centers or jail diversion centers in the authorities' local service areas to: (1) provide additional forensic hospital beds and competency restoration services; (2) provide inpatient and outpatient mental health services to adults and children; and (3) provide services to reduce recidivism and the frequency of arrest, incarceration, and emergency detentions among persons with mental illness in the service areas. (c) The executive commissioner shall develop criteria for the evaluation of applications or proposals submitted by a nonprofit organization or governmental entity seeking to contract with the commission under this section. (d) This section may not be construed to affect a grant program established by the commission under this code. Added by Acts 2023, 88th Leg., R.S., Ch. 944 (S.B. 1677 ), Sec. 3, eff. September 1, 2023. Transferred and redesignated from Government Code, Section 531.09936 by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 8.041, eff. September 1, 2025. For expiration of this section, see Subsection (d).

Tex. GOV'T Code § 547.0007. MATERNAL OPIOID MISUSE MODEL OF CARE.

(a) In this section, "maternal opioid misuse model of care" means the model of care implemented using federal money applied for and received under former Section 531.0738 for the purpose of improving the quality and accessibility of care for: (1) pregnant women with opioid use disorder enrolled in Medicaid during the prenatal and postpartum periods; and (2) their children after birth. (b) To the extent money is available to the commission for that purpose, the commission shall continue implementing the maternal opioid misuse model of care. (c) Money in the opioid abatement account established under Section 403.505 may be appropriated to the commission for the purpose of carrying out this section. (d) This section expires September 1, 2029. Added by Acts 2025, 89th Leg., R.S., Ch. 678 (H.B. 5155 ), Sec. 1, eff. September 1, 2025. SUBCHAPTER B. TEXAS SYSTEM OF CARE FRAMEWORK

Tex. GOV'T Code § 547.0051. DEFINITIONS.

In this subchapter: (1) "Minor" means an individual younger than 18 years of age. (2) "Serious emotional disturbance" means a mental, behavioral, or emotional disorder of sufficient duration to result in functional impairment that substantially interferes with or limits an individual's role or ability to function in family, school, or community activities. (3) "System of care framework" means a framework for collaboration among state agencies, minors who have a serious emotional disturbance or are at risk of developing a serious emotional disturbance, and the families of those minors that improves access to services and delivers effective community-based services that are family-driven, youth- or young adult-guided, and culturally and linguistically competent. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0052. TEXAS SYSTEM OF CARE FRAMEWORK.

(a) The commission shall implement a system of care framework to develop local mental health systems of care in communities for minors who: (1) have or are at risk of developing a serious emotional disturbance; (2) are receiving residential mental health services and supports or inpatient mental health hospitalization; or (3) are at risk of being removed from the minor's home and placed in a more restrictive environment to receive mental health services and supports, including: (A) an inpatient mental health hospital; (B) a residential treatment facility; or (C) a facility or program operated by the Department of Family and Protective Services or an agency that is part of the juvenile justice system. (b) The commission shall: (1) maintain a comprehensive plan for the delivery of mental health services and supports to a minor and a minor's family using a system of care framework, including best practices in the financing, administration, governance, and delivery of those services; (2) enter into memoranda of understanding with the Department of State Health Services, the Department of Family and Protective Services, the Texas Education Agency, the Texas Juvenile Justice Department, and the Texas Correctional Office on Offenders with Medical or Mental Impairments that specify the roles and responsibilities of each agency in implementing the comprehensive plan; (3) identify appropriate local, state, and federal funding sources to finance infrastructure and mental health services and supports necessary to support state and local system of care framework efforts; and (4) develop an evaluation system to measure cross-system performance and outcomes of state and local system of care framework efforts. (c) In implementing this section, the commission shall consult with stakeholders, including: (1) minors who have or are at risk of developing a serious emotional disturbance or young adults who received mental health services and supports as a minor with or at risk of developing a serious emotional disturbance; and (2) family members of those minors or young adults. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0053. IMPLEMENTATION.

The commission shall: (1) monitor the implementation of a system of care framework under Section 547.0052 ; and (2) adopt rules necessary to facilitate or adjust that implementation. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0054. TECHNICAL ASSISTANCE FOR LOCAL SYSTEMS OF CARE.

The commission may provide technical assistance to a community that implements a local system of care. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025. SUBCHAPTER C. SERVICES FOR CHILDREN WITH SEVERE EMOTIONAL DISTURBANCES

Tex. GOV'T Code § 547.0101. DEFINITIONS.

In this subchapter: (1) "Children with severe emotional disturbances" includes children: (A) who are at risk of incarceration or placement in a residential mental health facility; (B) who are students in a special education program under Subchapter A , Chapter 29 , Education Code; (C) with a substance use disorder or a developmental disability; and (D) for whom a court may appoint the Department of Family and Protective Services as managing conservator. (2) "Community resource coordination group" means a coordination group established under a memorandum of understanding adopted under Subchapter D , Chapter 522 . (3) "Systems of care services" means a comprehensive state system of mental health services and other necessary and related services that is organized as a coordinated network to meet the multiple and changing needs of children with severe emotional disturbances and their families. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0102. EVALUATIONS BY COMMUNITY RESOURCE COORDINATION GROUPS.

(a) Each community resource coordination group shall evaluate the provision of systems of care services in the community that the group serves. The evaluation must: (1) describe and prioritize services needed by children with severe emotional disturbances in the community; (2) review and assess the available systems of care services in the community to meet those needs; (3) assess the integration of the provision of those services; and (4) identify barriers to the effective provision of those services. (b) Each community resource coordination group shall create a report that includes the evaluation described by Subsection (a) and related recommendations, including: (1) suggested policy and statutory changes for agencies providing systems of care services; and (2) recommendations for overcoming barriers to the provision of systems of care services and improving the integration of those services. (c) Each community resource coordination group shall submit the report described by Subsection (b) to the commission. The commission shall provide to each group a deadline for submitting the report that is coordinated with any regional reviews by the commission of the delivery of related services. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0103. SUMMARY REPORT BY COMMISSION.

(a) The commission shall create a summary report based on the evaluations in the reports submitted to the commission by community resource coordination groups under Section 547.0102 . The commission's report must include: (1) recommendations for policy and statutory changes at each agency involved in providing systems of care services; and (2) the outcome expected from implementing each recommendation. (b) The commission may include in the report created under this section recommendations for: (1) the statewide expansion of sites participating in the Texas System of Care; and (2) the integration of services provided at those sites with services provided by community resource coordination groups. (c) The commission shall coordinate, where appropriate, the recommendations in the report created under this section with: (1) recommendations in the assessment developed under Chapter 23 (S.B. 491), Acts of the 78th Legislature, Regular Session, 2003; and (2) the continuum of care developed under Section 533.040 (d), Health and Safety Code. (d) The commission shall provide a copy of the report created under this section to each agency for which the report makes a recommendation and to other agencies as appropriate. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0104. AGENCY IMPLEMENTATION OF RECOMMENDATIONS.

As appropriate, the person responsible for adopting rules for an agency described by Section 547.0103 (a) shall implement the recommendations in the report created under Section 547.0103 by: (1) adopting rules; (2) implementing policy changes; and (3) entering into memoranda of understanding with other agencies. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025. SUBCHAPTER D. STATEWIDE BEHAVIORAL HEALTH COORDINATING COUNCIL

Tex. GOV'T Code § 547.0151. DEFINITION.

In this subchapter, "council" means the statewide behavioral health coordinating council. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0152. PURPOSE.

The council is established to ensure a strategic statewide approach to behavioral health services. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0153. COMPOSITION OF COUNCIL.

(a) The council is composed of at least one representative designated by each of the following entities: (1) the governor's office; (2) the Texas Veterans Commission; (3) the commission; (4) the Department of State Health Services; (5) the Department of Family and Protective Services; (6) the Texas Civil Commitment Office; (7) The University of Texas Health Science Center at Houston; (8) The University of Texas Health Science Center at Tyler; (9) the Texas Tech University Health Sciences Center; (10) the Texas Department of Criminal Justice; (11) the Texas Correctional Office on Offenders with Medical or Mental Impairments; (12) the Commission on Jail Standards; (13) the Texas Indigent Defense Commission; (14) the court of criminal appeals; (15) the Texas Juvenile Justice Department; (16) the Texas Military Department; (17) the Texas Education Agency; (18) the Texas Workforce Commission; (19) the Health Professions Council, representing: (A) the State Board of Dental Examiners; (B) the Texas State Board of Pharmacy; (C) the State Board of Veterinary Medical Examiners; (D) the Texas Optometry Board; (E) the Texas Board of Nursing; and (F) the Texas Medical Board; and (20) the Texas Department of Housing and Community Affairs. (b) The executive commissioner shall determine the number of representatives that each entity may designate to serve on the council. (c) The council may authorize another state agency or institution that provides specific behavioral health services with the use of appropriated money to designate a representative to the council. (d) A council member serves at the pleasure of the designating entity. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0154. PRESIDING OFFICER.

The mental health statewide coordinator shall serve as the presiding officer of the council. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0155. MEETINGS.

The council shall meet at least once quarterly or more frequently at the call of the presiding officer. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0156. POWERS AND DUTIES.

(a) The council: (1) shall develop and monitor the implementation of a five-year statewide behavioral health strategic plan; (2) shall develop a biennial coordinated statewide behavioral health expenditure proposal; (3) shall annually publish an updated inventory of behavioral health programs and services that this state funds that includes a description of how those programs and services further the purpose of the statewide behavioral health strategic plan; (4) may create subcommittees to carry out the council's duties under this subchapter; and (5) may facilitate opportunities to increase collaboration for the effective expenditure of available federal and state funds for behavioral and mental health services in this state. (b) The council shall include statewide suicide prevention efforts in the five-year statewide behavioral health strategic plan the council develops under Subsection (a). Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0157. SUICIDE PREVENTION SUBCOMMITTEE; SUICIDE DATA REPORTS.

(a) The council shall create a suicide prevention subcommittee to focus on statewide suicide prevention efforts using information collected by the council from available sources of suicide data reports. The suicide prevention subcommittee shall establish guidelines for the frequent use of those reports in carrying out the council's purpose under this subchapter. (b) The suicide prevention subcommittee shall establish a method for identifying how suicide data reports are used to make policy. (c) Public or private entities that collect information regarding suicide and suicide prevention may provide suicide data reports to commission staff the executive commissioner designates to receive those reports. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025. SUBCHAPTER E. BEHAVIORAL HEALTH GRANT PROGRAMS GENERALLY

Tex. GOV'T Code § 547.0201. STREAMLINING PROCESS FOR AWARDING BEHAVIORAL HEALTH GRANTS.

(a) The commission shall implement a process to better coordinate behavioral health grants the commission administers. The process must: (1) streamline the administrative processes at the commission; and (2) decrease the administrative burden on applicants applying for multiple grants. (b) The process may include developing a standard application for multiple behavioral health grants. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025. SUBCHAPTER F. MATCHING GRANT PROGRAM FOR CERTAIN COMMUNITY MENTAL HEALTH PROGRAMS ASSISTING INDIVIDUALS EXPERIENCING MENTAL ILLNESS

Tex. GOV'T Code § 547.0251. DEFINITION.

In this subchapter, "matching grant program" means the matching grant program established under this subchapter. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0252. MATCHING GRANT PROGRAM.

To the extent money is appropriated to the commission for that purpose, the commission shall establish a matching grant program to support community mental health programs providing services and treatment to individuals experiencing mental illness. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0253. MATCHING CONTRIBUTIONS REQUIRED; GRANT CONDITIONS.

(a) The commission shall: (1) condition each grant awarded under this subchapter on the grant recipient obtaining and securing funds to match the grant from non-state sources in amounts of money or other consideration as required by Subsection (c); and (2) ensure that each grant recipient obtains or secures contributions to match a grant awarded to the recipient in an amount of money or other consideration as required by Subsection (c). (b) The matching contributions obtained or secured by the grant recipient, as the executive commissioner determines, may include cash or in-kind contributions from any person but may not include money from state or federal funds. (c) A grant recipient must leverage funds in an amount equal to: (1) 25 percent of the grant amount if the community mental health program is located in a county with a population of less than 100,000; (2) 50 percent of the grant amount if the community mental health program is located in a county with a population of 100,000 or more but less than 250,000; (3) 100 percent of the grant amount if the community mental health program is located in a county with a population of at least 250,000; and (4) the percentage of the grant amount otherwise required by this subsection for the largest county in which a community mental health program is located if the community mental health program is located in more than one county. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0254. SELECTION OF RECIPIENTS; APPLICATIONS AND PROPOSALS.

(a) The commission shall select grant recipients based on the submission of applications or proposals by nonprofit and governmental entities. The executive commissioner shall develop criteria for evaluating those applications or proposals and the selection of grant recipients. The selection criteria must: (1) evaluate and score: (A) fiscal controls for the project; (B) project effectiveness; (C) project cost; and (D) an applicant's previous experience with grants and contracts; (2) address whether the services proposed in the application or proposal would duplicate services already available in the applicant's service area; (3) address the possibility of and method for making multiple awards; and (4) include other factors that the executive commissioner considers relevant. (b) If the commission is appropriated money to implement this subchapter and Section 547.0201 for a state fiscal year in an amount that exceeds the total amount of grants awarded under this subchapter in the previous state fiscal year, the commission, in selecting grant recipients for the excess amount, must accept applications or proposals from applicants that were not selected as grant recipients under this subchapter in the previous state fiscal year or applicants that were selected as grant recipients but require additional funding for the recipient's community mental health program for purposes of this subchapter. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0255. LOCAL MENTAL HEALTH AUTHORITY INVOLVEMENT.

(a) A nonprofit or governmental entity that applies for a grant under this subchapter must: (1) notify each local mental health authority with a local service area covered wholly or partly by the entity's proposed community mental health program; and (2) provide in the entity's application a letter of support from each of those local mental health authorities. (b) The commission shall consider a local mental health authority's written input before awarding a grant under this subchapter and may take any recommendations made by the authority. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0256. USE OF GRANTS AND MATCHING AMOUNTS.

A grant awarded under the matching grant program and matching amounts must be used for the sole purpose of supporting community mental health programs that: (1) provide mental health services and treatment to individuals with a mental illness; and (2) coordinate mental health services for individuals with a mental illness with other transition support services. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0257. DISTRIBUTING AND ALLOCATING APPROPRIATED MONEY.

(a) The commission shall disburse money appropriated to or obtained by the commission for the matching grant program directly to a grant recipient, as the executive commissioner authorizes. (b) Except as provided by Subsection (c), from money appropriated to the commission for each fiscal year to implement this subchapter, the commission shall reserve 50 percent of that total to be awarded only as grants to a community mental health program located in a county with a population not greater than 250,000. (c) Without regard to the limitation provided by Subsection (b) and to the extent money appropriated to the commission to implement this subchapter for a fiscal year remains available to the commission after the commission selects grant recipients for the fiscal year, the commission shall make grants available through a competitive request for proposal process using the remaining money for the fiscal year. (d) The commission may use a reasonable amount not to exceed five percent of the money appropriated by the legislature for the purposes of this subchapter to pay the administrative costs of implementing this subchapter. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0258. RULES.

The executive commissioner shall adopt rules necessary to implement the matching grant program under this subchapter. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0259. BIENNIAL REPORT.

Not later than December 1 of each even-numbered year, the executive commissioner shall submit to the governor, the lieutenant governor, and each member of the legislature a report evaluating the success of the matching grant program. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025. SUBCHAPTER H. MATCHING GRANT PROGRAM FOR CERTAIN COMMUNITY COLLABORATIVES TO REDUCE INVOLVEMENT OF INDIVIDUALS WITH MENTAL ILLNESS IN CRIMINAL JUSTICE SYSTEM

Tex. GOV'T Code § 547.0351. DEFINITION.

Tex. GOV'T Code § 547.0352. MATCHING GRANT PROGRAM.

The commission shall establish a matching grant program to provide grants to county-based community collaboratives to reduce: (1) recidivism by, the frequency of arrests of, and incarceration of individuals with mental illness; and (2) the total wait time for forensic commitment of individuals with mental illness to a state hospital. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0353. MATCHING CONTRIBUTIONS REQUIRED; GRANT CONDITIONS.

(a) The commission shall condition each grant provided to a community collaborative under this subchapter on the collaborative providing funds from non-state sources in a total amount at least equal to: (1) 25 percent of the grant amount if the collaborative includes a county with a population of less than 100,000; (2) 50 percent of the grant amount if the collaborative includes a county with a population of 100,000 or more but less than 250,000; (3) 100 percent of the grant amount if the collaborative includes a county with a population of 250,000 or more; and (4) the percentage of the grant amount otherwise required by this subsection for the largest county included in the collaborative, if the collaborative includes more than one county. (b) A community collaborative may seek and receive gifts, grants, or donations from any person to raise the required funds from non-state sources. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0354. COMMUNITY COLLABORATIVE ELIGIBILITY; CERTAIN GRANTS PROHIBITED.

(a) A community collaborative may petition the commission to receive a grant under the matching grant program only if the collaborative includes: (1) a county; (2) a local mental health authority that operates in the county; and (3) each hospital district, if any, located in the county. (b) A collaborative may include other local entities designated by the collaborative's members. (c) The commission may not award a grant under this subchapter for a fiscal year to a community collaborative that includes a county with a population greater than four million if the legislature appropriates money for a mental health jail diversion program in the county for that fiscal year. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0355. PETITION REQUIRED; CONTENTS.

In each state fiscal year for which a community collaborative seeks a grant, the collaborative must submit a petition to the commission not later than the 30th day of that fiscal year. The collaborative must include with a petition: (1) a statement indicating the amount of funds from non-state sources that the collaborative is able to provide; and (2) a plan that: (A) is endorsed by each of the collaborative's member entities; (B) identifies a target population; (C) describes how the grant money and the funds from non-state sources will be used; (D) includes outcome measures to evaluate the success of the plan; and (E) describes how the success of the plan, in accordance with the outcome measures, would further the state's interest in the grant program's purposes. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0356. REVIEW OF PETITION BY COMMISSION.

The commission must review plans submitted with a petition under Section 547.0355 before the commission provides a grant under this subchapter. The commission must fulfill this requirement not later than the 60th day of each fiscal year. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0357. USE OF GRANT MONEY AND MATCHING FUNDS.

Acceptable uses of the grant money and matching funds include: (1) continuing a mental health jail diversion program; (2) establishing or expanding a mental health jail diversion program; (3) establishing alternatives to competency restoration in a state hospital, including outpatient competency restoration, inpatient competency restoration in a setting other than a state hospital, or jail-based competency restoration; (4) providing assertive community treatment or forensic assertive community treatment with an outreach component; (5) providing intensive mental health services and substance use treatment not readily available in the county; (6) providing continuity of care services for an individual being released from a state hospital; (7) establishing interdisciplinary rapid response teams to reduce law enforcement's involvement with mental health emergencies; and (8) providing local community hospital, crisis, respite, or residential beds. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0358. REPORT BY COMMUNITY COLLABORATIVE.

Not later than the 90th day after the last day of the state fiscal year for which the commission distributes a grant under this subchapter, each grant recipient shall prepare and submit a report to the commission describing the effect of the grant money and matching funds in achieving the standard defined by the outcome measures in the plan submitted with a petition under Section 547.0355 . Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0359. INSPECTIONS.

The commission may inspect the operation and provision of mental health services provided by a community collaborative to ensure state money appropriated for the matching grant program is used effectively. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0360. ALLOCATING APPROPRIATED MONEY.

(a) Except as provided by Subsection (b), the commission shall reserve at least 20 percent of money appropriated to the commission for each fiscal year to implement the matching grant program to be awarded only as grants to a community collaborative that includes a county with a population of less than 250,000. (b) Without regard to the limitation provided by Subsection (a) and to the extent money appropriated to the commission for a fiscal year to implement this subchapter remains available to the commission after the commission has selected grant recipients for the fiscal year, the commission shall make grants available through a competitive request for proposal process using the remaining money for the fiscal year. (c) The commission may use a reasonable amount not to exceed five percent of the money appropriated by the legislature for the purposes of this subchapter to pay the administrative costs of implementing this subchapter. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025. SUBCHAPTER I. MATCHING GRANT PROGRAM FOR COMMUNITY COLLABORATIVE IN MOST POPULOUS COUNTY TO REDUCE INVOLVEMENT OF INDIVIDUALS WITH MENTAL ILLNESS IN CRIMINAL JUSTICE SYSTEM

Tex. GOV'T Code § 547.0401. DEFINITION.

Tex. GOV'T Code § 547.0402. MATCHING GRANT PROGRAM.

The commission shall establish a matching grant program to provide a grant to a county-based community collaborative in the most populous county in this state to reduce: (1) recidivism by, the frequency of arrests of, and incarceration of individuals with mental illness; and (2) the total wait time for forensic commitment of individuals with mental illness to a state hospital. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0403. MATCHING CONTRIBUTIONS REQUIRED; GRANT CONDITIONS.

(a) The commission shall condition a grant provided to the community collaborative under this subchapter on the collaborative providing funds from non-state sources in a total amount at least equal to the grant amount. (b) A community collaborative may seek and receive gifts, grants, or donations from any person to raise the required funds from non-state sources. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0404. COMMUNITY COLLABORATIVE ELIGIBILITY.

(a) A community collaborative may receive a grant under the matching grant program only if the collaborative includes: (1) the county; (2) a local mental health authority operating in the county; and (3) each hospital district located in the county. (b) A collaborative may include other local entities designated by the collaborative's members. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0405. DISTRIBUTION OF GRANT.

Not later than the 30th day of each fiscal year, the commission shall make available to the community collaborative established in the county described by Section 547.0402 a grant in an amount equal to the lesser of: (1) the amount appropriated to the commission for that fiscal year for a mental health jail diversion pilot program in that county; or (2) the collaborative's available matching funds. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0406. USE OF GRANT MONEY AND MATCHING FUNDS.

Tex. GOV'T Code § 547.0407. REPORT BY COMMUNITY COLLABORATIVE.

Not later than the 90th day after the last day of the state fiscal year for which the commission distributes a grant under this subchapter, the grant recipient shall prepare and submit a report to the commission describing the effect of the grant money and matching funds in fulfilling the purpose described by Section 547.0402 . Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.

Tex. GOV'T Code § 547.0408. INSPECTIONS.

The commission may inspect the operation and provision of mental health services provided by the community collaborative to ensure state money appropriated for the matching grant program is used effectively. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025. SUBCHAPTER J. INNOVATION MATCHING GRANT PROGRAM FOR MENTAL HEALTH EARLY INTERVENTION AND TREATMENT

Tex. GOV'T Code § 547.0501. DEFINITIONS.

In this subchapter: (1) "Inpatient mental health facility" has the meaning assigned by Section 571.003 , Health and Safety Code. (2) "Matching grant program" means the matching grant program established under this subchapter. (3) "State hospital" has the meaning assigned by Section 552.0011 , Health and Safety Code. Added by Acts 2023, 88th Leg., R.S., Ch. 1035 (S.B. 26 ), Sec. 3, eff. September 1, 2023. Transferred, redesignated and amended from Government Code, Section 531.09915(a) by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 8.044(b), eff. September 1, 2025.

Tex. GOV'T Code § 547.0502. MATCHING GRANT PROGRAM.

To the extent money is appropriated to the commission for that purpose, the commission shall establish a matching grant program to provide support to eligible entities for community-based initiatives that promote identification of mental health issues and improve access to early intervention and treatment for children and families. The initiatives may: (1) be evidence-based or otherwise demonstrate positive outcomes, including: (A) improved relationship skills; (B) improved self-esteem; (C) reduced involvement in the juvenile justice system; (D) participation in the relinquishment avoidance program under Subchapter E , Chapter 262 , Family Code; and (E) avoidance of emergency room use; and (2) include: (A) training; and (B) services and supports for: (i) community-based initiatives; (ii) agencies that provide services to children and families; (iii) individuals who work with children or caregivers of children showing atypical social or emotional development or other challenging behaviors; and (iv) children in or at risk of placement in foster care or the juvenile justice system. Added by Acts 2023, 88th Leg., R.S., Ch. 1035 (S.B. 26 ), Sec. 3, eff. September 1, 2023. Transferred, redesignated and amended from Government Code, Section 531.09915(b) by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 8.044(b), eff. September 1, 2025.

Tex. GOV'T Code § 547.0503. CONTRACT WITH COMMISSION REQUIRED.

The commission may award a grant under the matching grant program only in accordance with a contract between the commission and a grant recipient. The contract must include provisions under which the commission is given sufficient control to ensure the public purpose of providing mental health prevention services to children and families is accomplished and the state receives the return benefit. Added by Acts 2023, 88th Leg., R.S., Ch. 1035 (S.B. 26 ), Sec. 3, eff. September 1, 2023. Transferred, redesignated and amended from Government Code, Section 531.09915(c) by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 8.044(b), eff. September 1, 2025.

Tex. GOV'T Code § 547.0504. APPLICATION AND ELIGIBILITY REQUIREMENTS.

The executive commissioner by rule shall establish application and eligibility requirements for an entity to be awarded a grant under the matching grant program. Added by Acts 2023, 88th Leg., R.S., Ch. 1035 (S.B. 26 ), Sec. 3, eff. September 1, 2023. Transferred, redesignated and amended from Government Code, Section 531.09915(d) by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 8.044(b), eff. September 1, 2025.

Tex. GOV'T Code § 547.0505. ELIGIBLE ENTITIES.

The following entities are eligible to receive a grant awarded under the matching grant program: (1) a hospital licensed under Chapter 241 , Health and Safety Code; (2) a mental hospital licensed under Chapter 577 , Health and Safety Code; (3) a hospital district; (4) a local mental health authority; (5) a child-care facility, as defined by Chapter 42 , Human Resources Code; (6) a county or municipality; and (7) a nonprofit organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt entity under Section 501(c)(3) of that code. Added by Acts 2023, 88th Leg., R.S., Ch. 1035 (S.B. 26 ), Sec. 3, eff. September 1, 2023. Transferred, redesignated and amended from Government Code, Section 531.09915(e) by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 8.044(b), eff. September 1, 2025.

Tex. GOV'T Code § 547.0506. SELECTION OF RECIPIENTS: PRIORITIZATION OF CERTAIN ENTITIES.

In awarding grants under the matching grant program, the commission shall prioritize entities that work with children and family members of children with a high risk of experiencing a crisis or developing a mental health condition to reduce: (1) the need for future intensive mental health services; (2) the number of children at risk of placement in foster care or the juvenile justice system; or (3) the demand for placement in state hospitals, inpatient mental health facilities, and residential behavioral health facilities. Added by Acts 2023, 88th Leg., R.S., Ch. 1035 (S.B. 26 ), Sec. 3, eff. September 1, 2023. Transferred, redesignated and amended from Government Code, Section 531.09915(f) by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 8.044(b), eff. September 1, 2025.

Tex. GOV'T Code § 547.0507. MATCHING CONTRIBUTION REQUIRED.

The commission shall condition each grant awarded under the matching grant program on the grant recipient providing matching money in an amount that is equal to at least 10 percent of the grant amount. Added by Acts 2023, 88th Leg., R.S., Ch. 1035 (S.B. 26 ), Sec. 3, eff. September 1, 2023. Transferred, redesignated and amended from Government Code, Section 531.09915(g) by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 8.044(b), eff. September 1, 2025.

Tex. GOV'T Code § 547.0508. USE OF GRANTS AND MATCHING AMOUNTS.

(a) A grant recipient may only use grant money awarded under the matching grant program and matching money provided by the recipient to develop innovative strategies that provide: (1) resiliency; (2) coping and social skills; (3) healthy social and familial relationships; and (4) parenting skills and behaviors. (b) A grant recipient may not use grant money awarded under the matching grant program or matching money provided by the recipient to: (1) reimburse an expense or pay a cost that another source, including Medicaid, is obligated to reimburse or pay by law or under a contract; or (2) supplant or be a substitute for money awarded to the recipient from a non-Medicaid federal funding source, including federal grant funding. Added by Acts 2023, 88th Leg., R.S., Ch. 1035 (S.B. 26 ), Sec. 3, eff. September 1, 2023. Transferred, redesignated and amended from Government Code, Section 531.09915 by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 8.044(b), eff. September 1, 2025.

Tex. GOV'T Code § 547.0509. EFFECT ON MEDICAID REQUIREMENTS.

A Medicaid provider's receipt of a grant under the matching grant program does not affect any legal or contractual duty of the provider to comply with Medicaid requirements. Added by Acts 2023, 88th Leg., R.S., Ch. 1035 (S.B. 26 ), Sec. 3, eff. September 1, 2023. Transferred, redesignated and amended from Government Code, Section 531.09915(j) by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 8.044(b), eff. September 1, 2025.

Tex. GOV'T Code § 547.0510. ALLOCATING APPROPRIATED MONEY.

The commission may use a reasonable amount of the money appropriated by the legislature for the purposes of the matching grant program, not to exceed five percent, to pay the administrative costs of implementing and administering the program. Added by Acts 2023, 88th Leg., R.S., Ch. 1035 (S.B. 26 ), Sec. 3, eff. September 1, 2023. Transferred, redesignated and amended from Government Code, Section 531.09915(k) by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 8.044(b), eff. September 1, 2025. SUBCHAPTER K. BEHAVIORAL HEALTH CRISIS SERVICES

Tex. GOV'T Code § 547.0551. 988 SUICIDE AND CRISIS LIFELINE TRUST FUND.

(a) In this section, "trust company" means the Texas Treasury Safekeeping Trust Company. (b) The 988 suicide and crisis lifeline trust fund is established as a trust fund outside the state treasury to be administered by the commission. (c) The trust fund consists of: (1) gifts, grants, and donations, including federal funds, received by this state for the purposes of the trust fund; and (2) interest, dividends, and other income of the trust fund. (d) 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 988 Suicide & Crisis Lifeline; and (2) pay the trust company's expenses of managing the trust fund's assets. (e) The trust company shall hold and invest the trust fund. The trust fund may be invested with the state treasury pool and may be pooled with other state assets for purposes of investment. (f) The overall objective for the investment of the trust fund is to maintain sufficient liquidity to meet the needs of the trust fund. (g) The trust company may acquire, exchange, sell, supervise, manage, or retain any kind of investment that a prudent investor, exercising reasonable care, skill, and caution, would acquire or retain in light of the purposes, terms, distribution requirements, and other circumstances of the trust fund then prevailing, taking into consideration the investment of all the assets of the trust fund rather than a single investment. (h) The reasonable expenses of managing the trust fund's assets shall be paid from the trust fund. (i) The commission at least annually, and more frequently as appropriate, shall provide to the trust company a forecast of the cash flows into and out of the trust fund to ensure the trust company is able to achieve the purposes of this section. (j) The state may not transfer or use trust fund assets for any purpose other than the uses provided in this section. Added by Acts 2025, 89th Leg., R.S., Ch. 472 (H.B. 5342 ), Sec. 1, eff. September 1, 2025.

Tex. GOV'T Code § 547.0552. CRISIS CENTER ANNUAL REPORT.

(a) In this section, "crisis center" means a center participating in the 988 Suicide & Crisis Lifeline network to respond to statewide or regional communications. (b) The commission shall prepare an annual report of the usage of crisis centers in this state and the services provided by the centers. (c) The commission shall present the annual report to the legislature and the Substance Abuse and Mental Health Services Administration. Added by Acts 2025, 89th Leg., R.S., Ch. 472 (H.B. 5342 ), Sec. 1, eff. September 1, 2025.

Tex. GOV'T Code § 547.03551. COMMISSION ASSISTANCE FOR CERTAIN COMMUNITY COLLABORATIVES.

(a) The commission shall establish procedures to assist a community collaborative that includes a county with a population of less than 250,000 with submission of a petition under Section 547.0355 . (b) If the commission is appropriated money to implement this subchapter for a state fiscal year in an amount that exceeds the total amount of grants awarded under this subchapter in the previous state fiscal year, the commission, in selecting grant recipients for the excess amount, must accept petitions from community collaboratives that were not selected as grant recipients under this subchapter in the previous state fiscal year or collaboratives that were selected as grant recipients in the previous state fiscal year but require additional funding for the recipient's collaborative for purposes of this subchapter. Added by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 8.043, eff. September 1, 2025.

Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026