By: Rosson, Zaffirini S.B. No. 292
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the certification and duties of certain peace officers
1-2 as special officers for mental health assignment.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 415, Government Code, is
1-5 amended by adding Section 415.037 to read as follows:
1-6 Sec. 415.037. CERTIFICATION OF SPECIAL OFFICERS FOR MENTAL
1-7 HEALTH ASSIGNMENT. (a) The commission may certify a sheriff,
1-8 sheriff's deputy, justice of the peace, constable, or municipal
1-9 police officer as a special officer for mental health assignment if
1-10 the peace officer has:
1-11 (1) successfully completed a training course in
1-12 emergency first aid and lifesaving techniques approved by the
1-13 commission;
1-14 (2) successfully completed a training course in mental
1-15 health issues administered by the commission; and
1-16 (3) passed an examination administered by the
1-17 commission that is designed to test the officer's:
1-18 (A) knowledge and recognition of the symptoms of
1-19 mental illness and mental disabilities; and
1-20 (B) knowledge of mental health crisis
1-21 intervention strategies.
1-22 (b) The commission may issue a professional achievement or
1-23 proficiency certificate to an officer who meets the requirements
1-24 provided by Subsection (a).
2-1 (c) The commission by rule may establish minimum
2-2 requirements for the training, testing, and certification of
2-3 special officers for mental health assignment.
2-4 SECTION 2. Section 531.001, Health and Safety Code, is
2-5 amended by adding Subsection (g) to read as follows:
2-6 (g) It is the goal of this state to establish at least one
2-7 special officer for mental health assignment in each county. To
2-8 achieve this goal, the department shall assist a local law
2-9 enforcement agency that desires to have an officer certified under
2-10 Section 415.037, Government Code.
2-11 SECTION 3. Section 574.045, Health and Safety Code, is
2-12 amended by amending Subsection (a) and by adding Subsections (e),
2-13 (f), and (g) to read as follows:
2-14 (a) The court may authorize the transportation of a
2-15 committed patient to the designated mental health facility by:
2-16 (1) a relative or other responsible person who has a
2-17 proper interest in the patient's welfare and who receives no
2-18 remuneration, except for actual and necessary expenses;
2-19 (2) the facility administrator of the designated
2-20 mental health facility, if the administrator notifies the court
2-21 that facility personnel are available to transport the patient;
2-22 <or>
2-23 (3) a special officer for mental health assignment
2-24 certified under Section 415.037, Government Code; or
2-25 (4) the sheriff or constable, if no person is
2-26 available under Subdivision (1), <or> (2), or (3).
2-27 (e) The patient may not be transported with a state
3-1 prisoner.
3-2 (f) The patient may not be physically restrained unless
3-3 necessary to protect the health and safety of the patient or of a
3-4 person traveling with the patient. If the treating physician or
3-5 the person transporting a patient determines that physical
3-6 restraint of the patient is necessary, that person shall document
3-7 the reasons for that determination and the duration for which the
3-8 restraints are needed. The person transporting the patient shall
3-9 deliver the document to the facility at the time the patient is
3-10 delivered. The facility shall include the document in the
3-11 patient's clinical record.
3-12 (g) The person transporting the patient shall give the
3-13 patient reasonable opportunities to get food and water and to use a
3-14 bathroom.
3-15 SECTION 4. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended,
3-20 and that this Act take effect and be in force from and after its
3-21 passage, and it is so enacted.