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The 80th Texas Legislature and Mental Health

Legislative Update

Legislative Update summarizes mental health-related actions of the 80th Texas Legislative Session. (Click on image to view as a PDF.)

During the 80th Texas Legislative Session, legislators proposed numerous reforms that could have significantly impacted mental health service delivery in the state. Some of the critical issues addressed by Texas lawmakers this session included increased funding for crisis services in the public mental health system, restoration of the Children’s Health Insurance Program, reforms to the Medicaid program, insurance coverage of mental disorders, and improving the juvenile justice system.

Legislative Update: A Guide to the Mental Health-Related Actions of the 80th Texas Legislature
This edition of the Legislative Update (PDF) is part of a continuing series of publications that seeks to inform mental health consumers, service providers, administrators, academics, and other interested Texans about the mental health-related actions of the Texas Legislature. The Legislative Update is not an analysis, but a brief overview that explains bills that were passed that have an impact on mental health in Texas.

Tracking Mental Health Legislation
The Hogg Foundation for Mental Health tracked bills relevant to the mental health community throughout the legislative session. Although significantly more bills were introduced than passed, we have listed both. If the bill passed, the word "passed" is listed after the bill number. Scroll down to view the bills that were monitored or jump to a category of interest:

Children’s Behavioral Health
Civil Commitment
Criminal and Juvenile Justice

Education
Family Protective Services
Individual Rights and Protections
Information Sharing and Privacy Issues
Insurance and Benefits
Medicaid and CHIP
MHMR Community Centers and Mental Health Related Services
Workforce and Health Professionals

By clicking on the bill number, you will connect to the bill’s history page on Texas Legislature Online (TLO). TLO is a free internet service that allows you to view bill texts, track bills of interest, and view committee assignments and hearings.

 

Children’s Behavioral Health
HB 2339: Relating to behavioral health services for children and establishment of the Children’s Behavioral Health Council.

HB 2477: Relating to establishing a cross-system coordinated behavioral health intervention pilot project.

HB 2893: Relating to the provision of children’s mental health services.

HB 3677: Relating to fiscal matters involving health and human services programs.

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Civil Commitment
HB 96: Relating to the transportation of certain mental health patients.

HB 405: Relating to emergency apprehension and detention of a person believed to have a mental illness.

HB 518: (Passed) Relating to the detention and examination of certain persons for whom an application for emergency detention or a motion for an order of protective custody has been filed.

HB 1827: Relating to the transportation of certain mental health patients.

SB 261: Relating to the detention and transportation of a person with a mental illness.

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Criminal and Juvenile Justice
HB 173: Relating to a physical and mental examination of a child subject to the juvenile justice system.

HB 221: Relating to housing prisoners in a tent or other facility in lieu of a county jail.

HB 431: (Passed) Relating to the release of a defendant convicted of a state jail felony on medically recommended intensive supervision.

HB 530: (Passed) Relating to the operation and funding of drug court programs.

HB 914: (Passed) Relating to the establishment of an office of inspector general at the Texas Youth Commission.

HB 1111: (Passed) Relating to reporting research on children committed to the Texas Youth Commission.

HB 1113: (Passed) Relating to prohibiting research on children within the juvenile probation system.

HB 1161: Relating to jury instructions regarding the insanity defense in a criminal case.

HB 2795: Relating to the insanity defense in a criminal case.

HB 3309: (Passed) Relating to the ability of advocacy and support groups for victims of sexual assault to provide services for children confined in Texas Youth Commission facilities.

HB 3383: Relating to procedures regarding certain criminal defendants who are or may be persons with mental illness or mental retardation.

SB 249: Relating to the applicability of the death penalty to a capital offense committed by a person with mental retardation.

SB 440: Relating to the pendency of charges against a criminal defendant subjected to certain incompetency proceedings and to the maximum period for confining that defendant.

SB 441: Relating to procedures occurring after a determination of a defendant’s incompetency to stand trial.

SB 442: Relating to the payment of the costs of a hearing regarding the court-ordered administration of psychoactive medication to certain criminal defendants.

SB 498: Relating to competency to be executed in a capital case.

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Education
HB 1043: Relating to the provision of courses in behavioral modification by disciplinary alternative education programs and juvenile justice alternative education programs.

HB 1230: (Passed) Relating to services provided to youth with disabilities transitioning from school-oriented living to post-schooling activities, services for adults, community living.

HB 1392: Relating to the right of an employee who is a parent of a child enrolled in a special education program to take time off from work to meet with certain persons affecting the education of the child.

HB 1825: Relating to assessment of public school students receiving special education services.

SB 840: Relating to professional development institutes for public school teachers and paraprofessionals regarding education of students with disabilities.

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Family Protective Services
HB 2780: Relating to the authority to consent to the administration of psychotropic drugs to certain foster children.

SB 450: (Passed) Relating to consent for certain medical research involving children in foster care.

SB 758: (Passed) Relating to child protective services.

SB 813: (Passed) Relating to child protective services.

SB 1457: Relating to the establishment of a strategy for reducing child abuse and neglect and improving child welfare.

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Individual Rights and Protections
HB 283: Relating to investigations and decisions regarding allegations of abuse, neglect, or exploitation of persons with disabilities by employees at certain facilities.

HB 939: Relating to the creation of the individual development account program to provide savings incentives and opportunities to eligible low-income individuals and households.

HB 1168: Relating to licensing and regulation of certain facilities providing personal care to elderly or disabled persons; providing penalties.

HB 1299: Relating to governmental liability for a violation of the federal Americans with Disabilities Act.

SB 53: Relating to the civil liability of an employer or former employer of a mental health services provider who engages in the sexual exploitation of a patient or former patient.

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Information Sharing and Privacy Issues
HB 665: Relating to the sharing of client information among certain state agencies.

HB 921: (Passed) Relating to the sharing of client information among certain state agencies.

HB 1060: (Passed) Relating to the use of electronically readable information from a driver’s license or personal identification certificate by certain health care providers and hospitals.

SB 205: Relating to the privacy of protected health information.

SB 839: (Passed) Relating to the exchange of information among agencies related to the Texas Correctional Office on Offenders with Medical or Mental Impairments and the agencies responsible for continuity of care for offenders in the criminal justice system who are physically disabled, terminally ill, or significantly ill.

SB 1311: Relating to the exchange of information among certain governmental entities concerning at-risk youth.

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Insurance and Benefits
HCR 35: (Passed) Urging the United States Congress to enact legislation to eliminate the 24-month Medicare waiting period for participants in Social Security Disability Insurance.

HB 28: Relating to the eligibility of an individual born in this state whose parents are illegal aliens to receive state benefits.

HB 40: Relating to requiring certain applicants for and recipients of medical assistance to provide proof of citizenship or nationality and of identity.

HB 75: (Passed) Relating to administrative and judicial review of certain decisions about public assistance benefits.

HB 480: Relating to the minimum eligibility standards adopted by this state for use in determining eligibility for indigent health care.

HB 510: Relating to health benefit plan coverage for certain mental disorders in children.

HB 656: Relating to health benefit plan coverage for an enrollee with certain mental disorders.

HB 659: Relating to coverage of anorexia nervosa and bulimia nervosa as serious mental illnesses under certain group health benefit plans.

HB 919: Relating to coverage for certain mental disorders in children under a health coverage plan established by the Teacher Retirement System of Texas under the Texas School Employees Uniform Group Health Coverage Act.

HB 1132: Relating to verifying the eligibility of applicants for state public benefits.

HB 1169: Relating to health benefit plan coverage for certain physical injuries that are self-inflicted by a minor.

HB 1302: Relating to the provision of public health services or benefits without regard to a person’s immigration status; providing a penalty.

SB 298: Relating to the minimum eligibility standards adopted by this state for use in determining eligibility for indigent health care.

SB 551: Relating to indigent health care.

SB 568: Relating to group health benefit plan coverage for an enrollee with certain mental disorders.

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Medicaid and CHIP
HB 109: (Passed) Relating to eligibility for and the administration of the child health plan program.

HB 171: Relating to the coverage period for eligibility under the child health plan.

HB 669: Relating to eligibility for and the administration of the child health plan program.

HB 725: Relating to eligibility for and the administration of the child health plan program.

HB 740: Relating to certain state health care programs for children.

HB 816: Relating to the waiting period for benefits for certain applicants for the child health plan program.

HB 838: Relating to income eligibility standards for certain applicants for the child health plan program.

HB 1633: (Passed) Relating to the certification of eligibility for Medicaid for certain persons in the armed forces and their family members.

HB 2215: Relating to the integration of the application and eligibility determination processes for the child health plan and children's Medicaid programs.

HB 2581: Relating to the Medicaid buy-in program.

HB 3284: Relating to implementing certain incentives and cost-sharing requirements under the Medicaid program.

SB 10: (Passed) Relating to the operation and financing of the medical assistance program and other programs to provide health care benefits and services to persons in this state.

SB 24: (Passed) Relating to reimbursement under the state Medicaid program for certain health care services provided through telemedicine.

SB 67: Relating to eligibility for and the administration of the child health plan program.

SB 266: Relating to the period of continuous eligibility for the medical assistance program.

SB 760: (Passed) Relating to participation and reimbursement of telemedicine medical service providers under the Medicaid program.

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MHMR Community Centers and Mental Health Related Services
HB 940: Relating to providing behavioral health services and the Mental Health Transformation Project.

HB 2439: (Passed) Relating to the functions of local mental health and mental retardation authorities.

HB 2524: (Passed) Relating to the establishment of a pilot project to construct a public safety triage and detoxification unit and the provision of mental health and substance abuse treatment.

HB 3169: (Passed) Relating to the transfer of certain state property from the Texas Health and Human Services Commission, on behalf of the Department of State Health Services or the Department of Aging and Disability Services, as appropriate, to Texas Panhandle Mental.

SB 1275: Relating to services of a community mental health and mental retardation center.

SB 1388: Relating to mental health services for women with postpartum depression.

SB 1453: Relating to including veterans of Operation Enduring Freedom and Operation Iraqi Freedom and their families as priority populations in the community-based mental health care system.

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Workforce and Health Professionals
SB 138: (Passed) Relating to promoting the retention and graduation of students enrolled in professional nursing programs.

SB 139: (Passed) Relating to a study on improving the curricula of professional and vocational nursing education programs.

SB 141: (Passed) Relating to a feasibility study regarding joint health science courses at public institutions of higher education.

SB 198: Relating to the recognition of hospitals with outstanding nursing programs and a listing of hospital nursing staff information.

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For inquiries regarding the above information, email Hogg-Communications@austin.utexas.edu.


© 2009 Hogg Foundation for Mental Health
The University of Texas at Austin
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