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Legislative History 85th-87th Texas Legislative Sessions

85th Texas Legislative Session

Regular Session: January 10, 2017- May 29, 2017
1st Called Special Session: July 18, 2017 – August 15, 2017

Bills Filed: 6,568	Mental Health Bills Filed: 189 (2.8% of all bills filed)
Bills Passed: 1,904 (28.9% of all bills filed)	Mental Health Bills Passed: 51 (2.6% of all bills passed & 26.9% of all MH bills filed)

HB 3887 (Author: Coleman) / (Sponsor: Zaffirini): Educator Training on Emotional Trauma

Major actions taken:
Last Action: Left pending in the Texas Senate Committee on Education: May 18, 2017
Considered by the Texas Senate Committee on Education: May 18, 2019
Passed the Texas House of Representatives: May 9, 2017 (Record Vote: 138-7-2)
Filed: March 10, 2017 (Coleman)

Overview:
House Bill 3887 would require school districts to train educators on how to recognize and respond to physical and emotional trauma suffered by students as set forth by SB 460, passed during the 83^rd Legislative Session.

House Bill 3887 acknowledged that teachers can play a critical role in identifying children who may need help. For many traumatized youth, their teachers may be the only adults in their lives who see their post-traumatic reactions and/or behaviors. Schools are a critical point of entry. In addition, it has been proven that trauma can directly impede the child’s ability to learn, and a primary goal of most teachers is to create an environment in which all kids in the classroom are able to learn in the most effective way possible.

HB 2623 (Joint Authors: Allen | Thompson, S.), (Sponsor: Zaffirini): Transition Support for Students Returning to School

Major actions taken:
Last Action: Left pending in the Texas Senate Committee on Education: May 18, 2017
Considered by the Texas Senate Committee on Education: May 18, 2017
Passed the Texas House of Representatives: May 9, 2019 (Record vote: 137-8-2)
Filed: March 1, 2017 (Allen)

Overview:
House Bill 2623 would require school districts to assist students transitioning back-to-school after 30-or-more days in a disciplinary alternative education program, a juvenile justice alternative education program, a residential program or facility operated by or under contract with the Texas Juvenile Justice Department, a juvenile board, or any other governmental entity, a residential treatment center or a public hospital.

Under House Bill 2623, schools would be required to create individualized transition service plans for returning students. The plan, to the extent possible, would have been developed in conjunction with the student’s parent/guardian. As appropriate, the plan would have included: consideration of the best educational placement for the student; provision of counseling, behavioral management assistance, or academic assistance; and access to community mental health or substance abuse services.

HB 3853 (Author: Coleman): Mental & Behavioral Health Professionals on Campus

Major actions taken:
Last Action: Left pending in the Texas House Committee on Public Education: May 2, 2017
Considered by the Texas House Committee on Public Education: May 2, 2017
Filed: March 10, 2017 (Coleman)

Bill Overview:
House Bill 3853 would require school districts, to the extent funding is available, to make the services of a licensed behavioral health professional available to each campus through hiring, contracting or other community partnerships.

Despite the high prevalence of mental and behavioral health issues among Texas students, most schools do not have staff to provide behavioral counseling or other needed services. School counselors, who historically have provided some of these services, have too many administrative duties and too many students to provide adequate counseling.

86th Texas Legislative Session

Regular Session: January 8, 2019 – May 27, 2019

Bills Filed: 7,205	Mental Health Bills Filed: 239 (3.3% of all bills filed)
Bills Passed: 2,204 (30.5% of all bills filed)	Mental Health Bills Passed: 70 (3.1% of all bills passed & 29.2% of all MH bills filed)

Major actions taken: *PASSED*
Signed by the Governor: June 14, 2019, Effective immediately
Passed the full Texas Legislature: May 23, 2019
Passed the Texas Senate: May 16, 2019 (Record vote: 29-2)
Passed the Texas House of Representatives: April 24, 2019 (Record vote: 113-30)
Filed: January 17, 2019 (Thompson, S.)
Note: HB 906 is the first original piece of legislation MHA of Greater Houston drafted and passed.

Overview:
House Bill 906 establishes a university-based, collaborative task force to study and evaluate certain state-funded, public school mental health programs and practices in public and open-enrollment charter schools. This task force serves to ensure these state monies are spent effectively and efficiently. This bill provides accountability for Texas’ taxpayers by allowing the task force members and partnering universities to examine how these dollars are spent and track the results and outcomes of the state’s investments.

The Collaborative Task Force on Public School Mental Health Services will be housed within the University of Texas at Austin. Its duties include gathering data on the people receiving mental health services in public and open-enrollment charter schools and studying, evaluating, and making recommendations regarding state-funded mental health services, mental health trainings for educators, and how to increase the impact of school-based mental health services in increasing safety and decreasing violence in schools.

House Vote: 113 Yeas, 30 Nays
Senate Vote: 29 Yeas, 2 Nays
Signed by Governor Abbott 6/14/2019 / Effective Immediately

HB 2184 (Joint Authors: Allen | White | Wu | Phelan | Morales): Back to School: Transition Support for Justice-Involved Youth Returning to School
Senate Sponsor: Senator Joan Huffman

Major actions taken: *PASSED*
Signed by the Governor: June 10, 2019, Effective immediately
Passed the Texas Senate: May 22, 2019 (Record vote: 31-0)
Passed the Texas House of Representatives: May 8, 2019 (Record vote: 123-21-1)
Filed: February 21, 2019 (Allen)

Overview:
House Bill 2184 creates a safe pathway back-to-school for non-violent, justice-involved youth by empowering school districts to provide enrollment assistance to students through the creation of individualized transition plans. To the extent possible, an individualized transition plan must be developed within five instructional days following a youth’s release from a disciplinary alternative education program, a juvenile justice alternative education program, a residential program or facility operated by-or-under contract with the Texas Juvenile Justice Department, a juvenile board, or any other governmental entity. It aims to create safer schools and communities by reducing the likelihood of recidivism.

House Vote: 123 Yeas, 21 Nays
Senate Vote: 31 Yeas, 0 Nays
Signed by Governor Abbott 6/10/2019 / Effective Immediately

HB 1623 (Author: Coleman): Educator Training on Emotional Trauma, Behavioral Health

Major actions taken:
Last Action: Passed as an amendment to SB 11
Referred to the Texas House Calendars Committee: April 18, 2019
Passed the Texas House Committee on Public Education: April 11, 2019 (12-0-1)
Filed: February 12, 2019 (Coleman)

Overview:
House Bill 1623 streamlines language within existing state code to ensure school districts have clear direction regarding training educators on how to recognize and respond to possible physical and emotional trauma suffered by students. In addition, this legislation encourages reporting of a school district’s training numbers to the Texas Education Agency by allowing for prioritization of school districts and public charter schools who report training to the Texas Education Agency for competitive grant programs for mental health services.

Passed as an amendment to SB 11

87th Texas Legislative Session

Regular Session: January 12, 2021 – May 31, 2021
1st Called Special Session: July 8, 2021 – August 6, 2021
2nd Called Special Session: August 7, 2021 – September 2, 2021
3rd Called Special Session: September 20, 2021 – October 19, 2021

Bills Filed: 6,804	Mental Health Bills Filed: 199 (2.9% of all bills filed)
Bills Passed: 1,885 (27.7% of all bills filed)	Mental Health Bills Passed: 56 (2.9% of all bills passed & 28.1% of all MH bills filed)

HB 2287 (Joint Authors: Thompson, S. | Hunter | Dutton | Allen | Coleman | Johnson, A. | Moody / Coauthors: Guillen, Johnson, A., Minjarez, Moody, Ortega, Zwiener): Outcomes and Accountability for State-Funded Public School Mental Health Programs
Senate Sponsor: Senator Beverly Powell, Senator Juan “Chuy” Hinojosa

Major actions taken: *PASSED*
Signed by the Governor: June 15, 2021, Effective September 1, 2021
Passed the Texas Senate: May 26, 2021 (Record vote: 31-0)
Passed the Texas House of Representatives: May 6, 2021 (Record vote: 98-47-2)
Filed: February 25, 2021 (Thompson)

Overview:
The 86th Legislature charged the Collaborative Task Force on Public School Mental Health Services to evaluate the efficacy of state-funded, school-based mental health supports based upon evidence-based outcomes and ensure that these programs positively impact students and are an efficient use of taxpayer dollars. During its work, the Task Force became aware of significant gaps in data collected – rendering it unable to provide an accurate evaluation of the effectiveness of state-funded programs.

House Bill 2287 authorizes the Texas Education Agency (TEA) to collect and share additional non-personally identifying data with the Task Force related to the impact of mental health programs on academic achievement, school discipline, and students’ wellbeing. Once collected, the additional data will better inform TEA and provide the task force with the necessary data to complete program evaluations, as charged.

House Vote: 98 Yeas, 47 Nays
Senate Vote: 31 Yeas, 0 Nays
Signed by Governor Abbott 6/15/2021 / Effective September 1, 2021

[Note: Companion Bill: Senate Bill 980 (Author: Powell / Coauthors: Blanco | Lucio | Menendez | Schwertner | West]

Major actions taken:
Last action: Reported favorably out of the Texas Senate Committee on Education
Passed the Texas Senate Committee on Education: May 24, 2021 (8-3)
Passed the Texas House of Representatives: May 6, 2021 (Record vote: 96-4-2)
Filed: March 5, 2021 (Thompson)

Overview:
House Bill 2954 provides additional resources for school districts affected by incidents of suicide among elementary school students and for districts with a reasonable concern about suicide among elementary school students. Impacted districts may opt-in to receive dedicated funding from the Texas Education Agency (TEA) to implement research-based programs relating to youth suicide prevention, intervention or postvention.

Both the House and Senate versions of the bill had attached contingency riders to provide the dedicated funding to TEA. The bills themselves do not have a fiscal note. The riders state the Commissioner may increase funding for the program out of available funds, including state, federal, and philanthropic funds, at his discretion.

HB 4106 (Joint Authors: Allen | Johnson, A.): Re-Enrollment Assistance for Justice-Involved Youth: Support to Ensure a Timely Return to School

Major actions taken:
Last action: Referred to the Texas House Committee on Public Education
Filed: March 12, 2021 (Allen)

Bill Overview:
House Bill 4106 clarifies language of the transition planning statute (HB 2184 86R), passed during the 86^th legislative session, to ensure the timely re-enrollment of justice-involved youth, as well as the ongoing support of their academic and behavioral health needs once they have returned to school. There continue to be denial of enrollments following passage of House Bill 2184 (86R) with campus registrars and administrators routinely refusing to enroll justice-involved youth for myriad illegitimate reasons.

The bill focuses on immediate enrollment, parent inclusion in transition planning meeting team, credit transfer from the juvenile justice facility, clarity of the “regular interval” language, and stronger enforcement. These changes challenge the misperception that youth have no schoolwork to show for the time they spent away from their regular public school and provide school administrators with the necessary structure to ensure transition plans are functionally serving justice-involved youth and students returning from disciplinary alternative programs.