H.B. No. 2287         AN ACT   relating to data collection and receipt of certain reports by and   consultation with the Collaborative Task Force on Public School   Mental Health Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 8.158, Education Code, is amended by   adding Subsection (c) to read as follows:          (c)  Not later than January 31 of each calendar year, the   Health and Human Services Commission shall submit the report   prepared under Subsection (b) to the Collaborative Task Force on   Public School Mental Health Services established under Section   38.302. This subsection expires December 1, 2025.          SECTION 2.  Section 38.252, Education Code, is amended by   adding Subsection (c-1) to read as follows:          (c-1)  Not later than March 1 of each even-numbered year,   each regional education service center shall provide to the   Collaborative Task Force on Public School Mental Health Services   established under Section 38.302 an electronic copy of the report   submitted to the agency under Subsection (c)(2). This subsection   expires December 1, 2025.          SECTION 3.  Section 38.253, Education Code, is amended by   adding Subsection (e) to read as follows:          (e)  The agency shall provide an electronic copy of the list   developed under Subsection (a) to the Collaborative Task Force on   Public School Mental Health Services established under Section   38.302 as soon as practicable after the list is developed or   revised. This subsection expires December 1, 2025.          SECTION 4.  Subchapter F, Chapter 38, Education Code, as   added by Chapter 1278 (H.B. 906), Acts of the 86th Legislature,   Regular Session, 2019, is amended by adding Section 38.3071 to read   as follows:          Sec. 38.3071.  REQUEST FOR AND DISCLOSURE OF INFORMATION.   (a) To assist the task force in performing duties under this   subchapter, the task force, or the agency on behalf of the task   force, may request data from or consult with the following   entities:                (1)  school districts;                (2)  open-enrollment charter schools;                (3)  regional education service centers;                (4)  local mental health authorities; and                (5)  other entities that possess information relevant   to the task force's duties under Section 38.308.          (b)  In requesting data or consulting with entities under   Subsection (a), the task force and agency:                (1)  may not disclose a student's medical or   educational information; and                (2)  must ensure any request or consultation complies   with privacy and confidentiality of student information as required   by Section 38.309.          (c)  Not later than the 60th business day after the date on   which an entity receives a request for data from the task force or   agency under Subsection (a), the entity shall provide the requested   data to the task force or agency. An entity that provides data under   this subsection:                (1)  may not include personally identifying   information of an individual receiving a mental health service,   including the individual's name or birthday; and                (2)  may provide the data without seeking the prior   authorization of an individual included in the data or of the   individual's parent or guardian, if the individual is a minor.          (d)  A person that discloses data to the task force or agency   in accordance with this section is immune from civil or criminal   liability for, and may not be subject to an administrative penalty   in connection with, that disclosure.          SECTION 5.  Section 38.308, Education Code, is amended to   read as follows:          Sec. 38.308.  DUTIES OF TASK FORCE. (a) The task force   shall:                (1)  gather data on:                      (A)  the number of students enrolled in each   school district and open-enrollment charter school;                      (B)  the number of individuals to whom each school   district or open-enrollment charter school provides the mental   health services described by Section 38.302(1);                      (C)  the number of individuals for whom each   school district or open-enrollment charter school has the resources   to provide the mental health services described by Section   38.302(1);                      (D)  the number of individuals described by   Paragraph (B) who are referred to an inpatient or outpatient mental   health provider;                      (E)  the number of individuals who are transported   from each school district or open-enrollment charter school for an   emergency detention under Chapter 573, Health and Safety Code;   [and]                      (F)  the race, ethnicity, gender, special   education status, educationally disadvantaged status, and   geographic location of:                            (i)  individuals who are provided the mental   health services described by Section 38.302(1);                            (ii)  individuals who are described by   Paragraph (D); [and]                            (iii)  individuals who are described by   Paragraph (E);                            (iv)  individuals who are described by   Paragraph (H); and                            (v)  individuals who are described by   Paragraph (I);                      (G)  mental health services and trainings   provided by:                            (i)  school districts, at both the campus   and district level; and                            (ii)  open-enrollment charter schools;                      (H)  the number of individuals who were placed in   a disciplinary alternative education program or out-of-school   suspension or expelled;                      (I)  the number of threat assessments conducted   under Section 37.115; and                      (J)  the number of reports made from each school   district or open-enrollment charter school by an employee of the   district or school or by a school resource officer, to the   Department of Family and Protective Services regarding an alleged   incident of abuse or neglect; and                (2)  study, evaluate, and make recommendations   regarding the mental health services described by Section   38.302(1), the training described by Section 38.302(2), and the   impact of those mental health services, as described by Section   38.302(3), including addressing:                      (A)  the outcomes and the effectiveness of the   services and training provided, including the outcomes and   effectiveness of the service and training providers and the   programs under which services and training are provided, in:                            (i)  improving student academic achievement   and attendance;                            (ii)  reducing student disciplinary   proceedings, suspensions, placements in a disciplinary alternative   education program, and expulsions; and                            (iii)  delivering prevention and   intervention services to promote early mental health skills,   including:                                  (a)  building skills relating to   managing emotions, establishing and maintaining positive   relationships, and making responsible decisions;                                  (b)  preventing substance abuse;                                  (c)  preventing suicides;                                  (d)  adhering to the purpose of the   relevant program services or training;                                  (e)  promoting trauma-informed   practices;                                  (f)  promoting a positive school   climate, as defined by Section 38.351(d), [161.325(a-3), Health and   Safety Code,] in the district or school; and                                  (g)  improving physical and emotional   safety and well-being in the district or school and reducing   violence in the district or school;                      (B)  best practices for districts and schools in   implementing the services or training;                      (C)  disparities in the race, ethnicity, gender,   special education status, and geographic location of individuals   receiving the services; and                      (D)  best practices to replicate the services or   training for all districts and schools.          (b)  The task force may consult with relevant experts and   stakeholders, including:                (1)  classroom teachers;                (2)  school counselors;                (3)  school resource officers;                (4)  school administrators;                (5)  school nurses;                (6)  licensed specialists in school psychology;                (7)  licensed professional counselors;                (8)  licensed clinical social workers; and                (9)  non-physician mental health professionals.          (c)  In consulting with relevant experts and stakeholders   under Subsection (b), the task force may not disclose a student's   medical or educational information.          (d)  The task force may enter into agreements with   institutions of higher education or other relevant entities as   needed to execute the duties of the task force.          SECTION 6.  To the extent of any conflict, this Act prevails   over another Act of the 87th Legislature, Regular Session, 2021,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 7.  This Act takes effect September 1, 2021.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 2287 was passed by the House on May 6,   2021, by the following vote:  Yeas 98, Nays 47, 2 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 2287 on May 28, 2021, by the following vote:  Yeas 95, Nays 51,   1 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 2287 was passed by the Senate, with   amendments, on May 26, 2021, by the following vote:  Yeas 31, Nays   0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor