| (a) Definitions. The following words and terms, when
used in this section, have the following meanings unless the context
clearly indicates otherwise.
(1) Executive Commissioner--The Executive Commissioner
of the Texas Health and Human Services Commission or the Executive
Commissioner's designee.
(2) Forensic patient--The term has the meaning described
in Texas Health and Safety Code Chapter 532.013.
(3) Forensic services--A competency examination, competency
restoration service, or mental health service provided to a current
or former forensic patient in the community or at a facility that
receives state funds for providing mental health services for forensic
patients.
(4) HHSC--The Texas Health and Human Services Commission.
(5) JCAFS--The Joint Committee on Access and Forensic
Services.
(b) Statutory authority. JCAFS is authorized by:
(1) Texas Health and Safety Code §533.051(c),
which defines membership requirements and prescribes the duties of
the JCAFS; and
(2) Texas Health and Safety Code §533.0515, which
authorizes the Executive Commissioner to adopt rules as necessary
to implement its provisions.
(c) Purpose. The purpose of the JCAFS is to:
(1) make recommendations and monitor implementation
of updates to a bed day allocation methodology;
(2) make recommendations and monitor implementation
of a utilization review protocol for state funded beds in hospitals
and other inpatient mental health facilities; and
(3) make recommendations to improve access to mental
health services for both civil and forensic patients throughout the
full continuum of care from institution to community-based settings.
(d) Tasks. The JCAFS considers and makes recommendations
to the Executive Commissioner consistent with the committee's purpose
as stated in subsection (c) of this section.
(e) Reporting requirements. The JCAFS submits:
(1) a written report to the Executive Commissioner,
the Governor, the Lieutenant Governor, the Speaker of the House of
Representatives, the Senate Finance Committee, the House Appropriations
Committee and the standing committees of the legislature having jurisdiction
over mental health and human services by December 1 of each even-numbered
year, in accordance with Texas Health and Safety Code §533.0515(e);
and
(2) a proposal for an updated bed day allocation methodology
and bed day utilization review protocol to the Executive Commissioner
no later than December 1 of each even-numbered year, in accordance
with Texas Health and Safety Code §533.015.
(f) Open meetings. The JCAFS complies with the requirements
for open meetings under Texas Government Code Chapter 551.
(g) Membership. The JCAFS is composed of 17 members
nominated by the designating organization and appointed by the Executive
Commissioner. A majority of the voting members of the JCAFS constitutes
a quorum. Each member serves until a replacement is nominated by the
designating organization and appointed by the Executive Commissioner.
(1) The membership consists of:
(A) one Texas Department of Criminal Justice-designated
representative;
(B) one Texas Association of Counties-designated representative;
(C) two Texas Council of Community Centers-designated
representatives, including one representative of an urban local service
area and one representative of a rural local service area;
(D) two County Judges and Commissioners Association
of Texas-designated representatives, one of which is the presiding
judge of a court with jurisdiction over mental health matters;
(E) one Sheriffs' Association of Texas-designated representative;
(F) two Texas Municipal League-designated representatives,
one of which is a municipal law enforcement official;
(G) one Texas Conference of Urban Counties-designated
representative;
(H) two Texas Hospital Association-designated representatives,
one of which is a physician;
(I) one representative designated by an organization
identified by HHSC representing individuals with lived experience
receiving publicly funded mental health services; and
(J) four representatives designated by the HHSC Behavioral
Health Advisory Committee (BHAC), or its successor:
(i) including the chair of the BHAC;
(ii) one representative of the BHAC's members who is
a consumer of or advocate for mental health services;
(iii) one representative of the BHAC's members who
is a consumer of or advocate for substance abuse treatment; and
(iv) one representative of the BHAC's members who is
a family member of or advocate for persons with mental health and
substance abuse disorders.
(2) The HHSC Forensic Director and the State Hospital
Chief of Forensic Medicine serve as non-voting ex officio members
of the JCAFS.
(h) Officers. The JCAFS selects from among its members,
a presiding chair and vice-chair. Unless re-elected, the term of the
presiding chair and vice-chair is one year. The chair and vice-chair
will each serve no more than three one-year terms in each position.
(i) Required training. Each member shall complete all
training on relevant statutes and rules, including this section, §351.801
of this subchapter (relating to Authority and General Provisions),
Texas Government Code §531.012, and Texas Government Code Chapters
551 and 2110. Training will be provided by HHSC.
(j) Date of abolition. The JCAFS will not be abolished
as long as the Texas Health and Safety Code §533.051 and §533.0515
remain in effect because the JCAFS is established by statute.
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