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            |  | 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. | 
         
            |  | 
         
            |  | 
         
            |  | ______________________________ | ______________________________ | 
         
            |  | President of the Senate | Speaker of the House | 
         
            |  | 
         
            |  | 
         
            |  | I certify that H.B. No. 2059 was passed by the House on April | 
         
            |  | 14, 2023, by the following vote:  Yeas 129, Nays 14, 2 present, not | 
         
            |  | voting. | 
         
            |  |  | 
         
            |  | ______________________________ | 
         
            |  | Chief Clerk of the House | 
         
            |  | 
         
            |  | 
         
            |  | I certify that H.B. No. 2059 was passed by the Senate on May | 
         
            |  | 15, 2023, by the following vote:  Yeas 30, Nays 1. | 
         
            |  |  | 
         
            |  | ______________________________ | 
         
            |  | Secretary of the Senate | 
         
            |  | APPROVED:  _____________________ | 
         
            |  | Date | 
         
            |  |  | 
         
            |  | _____________________ | 
         
            |  | Governor |