HB4856 - Relating to the governance of local mental health authorities and the composition of the governing bodies of local mental health authorities.

      By: Alders H.B. No. 4856       A BILL TO BE ENTITLED   AN ACT   relating to the governance of local mental health authorities and   the composition of the governing bodies of local mental health   authorities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 533.035, Health and Safety Code, is   amended by adding Subsection (f) to read as follows:           (f)     A local mental health authority shall make available a   monthly expense report in an electronic format, detailing every   expenditure as reasonably practical by the local mental health   authority, to each member of the governing body, including ex   officio nonvoting members.          SECTION 2.  The heading to Section 533.0351, Health and   Safety Code, is amended to read as follows:          Sec. 533.0351.  REQUIRED COMPOSITION AND GOVERNANCE OF LOCAL   MENTAL HEALTH AUTHORITY GOVERNING BODY.          SECTION 3.  Section 533.0351, Health and Safety Code, is   amended by amending Subsections (a), (b), (c), and (c-1) and adding   Subsections (a-1), (a-2), and (c-2) to read as follows:          (a)   Each [ If a ] local mental health authority must have   [ has ] a governing body .           (a-1)  The [ , the ] governing body must include:                (1)  for a local authority that serves only one county,   the sheriff of the county as an ex officio nonvoting member; and                (2)  for a local authority that serves two or more   counties, two sheriffs chosen in accordance with Subsection (b) as   ex officio nonvoting members.           (a-2)     At least one member of the governing board must be a   member of the public, have experience owning or operating a private   business, and not have served in elected office.          (b)   In selecting sheriffs to serve as members under   Subsection (a-1)(2), a [ A ] local mental health authority that   serves two or more counties shall take the median population size of   each of those counties and choose:                (1)  one sheriff of a county with a population above the   median population size to serve as an ex officio nonvoting member   under Subsection (a); and                (2)  one sheriff of a county with a population below the   median population size to serve as an ex officio nonvoting member   under Subsection (a).          (c)  A sheriff who is made a member of a governing body in   accordance with this section may designate a representative to   serve as a member of the body in the sheriff's place as an ex officio   nonvoting member under Subsection (a). Except as provided by   Subsection (c-1), a sheriff or the designated representative of the   sheriff serves as an ex officio nonvoting member under Subsection   (a) for the duration of the applicable sheriff's term in office.          (c-1)  A local mental health authority may rotate the   positions of sheriffs who serve as ex officio nonvoting members   [ as ] chosen in accordance with Subsection (b) among the other   sheriffs of the counties served by the local authority. A local   authority shall consult with each sheriff of the counties served by   the local authority in rotating the positions of sheriffs serving   as ex officio nonvoting members under this subsection.           (c-2)     A local mental health authority shall allow a sheriff   selected under this section to be a voting member of the governing   board upon request of the sheriff, pursuant to the sheriff agreeing   to comply with all standards and rules applicable to voting board   members.           (c-3)     A person employed by a local mental health authority   may not serve as a member of the authority's governing body.          SECTION 4.  Subchapter B, Chapter 533, Health and Safety   Code, is amended by adding Section 533.0355 to read as follows:           Sec.   533.0355.     PROHIBITION ON DIVERSITY, EQUITY, AND   INCLUSION INITIATIVES IN LOCAL MENTAL HEALTH AUTHORITIES. (a) In   this section:                 (1)     "Diversity, equity, and inclusion initiative"   means an initiative that:                       (A)     is based on the belief that identity   classifications are central to understanding social, professional,   and political disparities;                       (B)     requires, encourages, or otherwise promotes   organizational practices such as employee hiring and promotion,   resource allocation, or policy formulation to achieve proportional   representation of identity classification groups or to eliminate   perceived systemic differences between them; or                       (C)     otherwise promotes discriminatory treatment   of a person on the basis of the person's identity classification.                 (2)     "Identity classification" means a classification   of a person based on the race, color, religion, national origin, or   ethnicity of the person.           (b)     A local mental health authority may not, except to the   extent required by federal law:                 (1)     formulate, promote, or implement a diversity,   equity, and inclusion initiative; or                 (2)     give preference on the basis of an identity   classification to an applicant for employment, an employee, or a   participant in any function of the local mental health authority.          SECTION 5.  Section 533.0351 (e), Health and Safety Code is   repealed.          SECTION 6.  This Act takes effect September 1, 2025.