By:  Rosson                                            S.B. No. 292
       73R2222 JJT-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the certification and duties of certain peace officers
    1-3  as special officers for mental health assignment.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter B, Chapter 415, Government Code, is
    1-6  amended by adding Section 415.037 to read as follows:
    1-7        Sec. 415.037.  CERTIFICATION OF SPECIAL OFFICERS FOR MENTAL
    1-8  HEALTH ASSIGNMENT.  (a)  The commission may certify a sheriff,
    1-9  sheriff's deputy, or municipal police officer as a special officer
   1-10  for mental health assignment if 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  and (f) 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              (3)  a special officer for mental health assignment
   2-23  certified under Section 415.037, Government Code; or
   2-24              (4) <(3)>  the sheriff or constable, if no person is
   2-25  available under Subdivision (1), <or> (2), or (3).
   2-26        (e)  The patient may not be transported with a state
   2-27  prisoner.
    3-1        (f)  The patient may not be shackled, unless necessary to
    3-2  protect the health and safety of the patient or of a person
    3-3  traveling with the patient.
    3-4        SECTION 4.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended,
    3-9  and that this Act take effect and be in force from and after its
   3-10  passage, and it is so enacted.