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.