1-1  By:  Rosson                                            S.B. No. 292
    1-2        (In the Senate - Filed February 9, 1993; February 10, 1993,
    1-3  read first time and referred to Committee on Health and Human
    1-4  Services; March 2, 1993, reported favorably, as amended, by the
    1-5  following vote:  Yeas 9, Nays 0; March 2, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Zaffirini          x                               
    1-9        Ellis              x                               
   1-10        Madla              x                               
   1-11        Moncrief           x                               
   1-12        Nelson             x                               
   1-13        Patterson          x                               
   1-14        Shelley            x                               
   1-15        Truan              x                               
   1-16        Wentworth          x                               
   1-17  COMMITTEE AMENDMENT NO. 1                             By:  Moncrief
   1-18  Amend S.B. 292 as follows:
   1-19        On page   , line   , insert the following between the comma
   1-20  and "or":
   1-21  justice of the peace, constable,
   1-22                         A BILL TO BE ENTITLED
   1-23                                AN ACT
   1-24  relating to the certification and duties of certain peace officers
   1-25  as special officers for mental health assignment.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27        SECTION 1.  Subchapter B, Chapter 415, Government Code, is
   1-28  amended by adding Section 415.037 to read as follows:
   1-29        Sec. 415.037.  CERTIFICATION OF SPECIAL OFFICERS FOR MENTAL
   1-30  HEALTH ASSIGNMENT.  (a)  The commission may certify a sheriff,
   1-31  sheriff's deputy, or municipal police officer as a special officer
   1-32  for mental health assignment if the peace officer has:
   1-33              (1)  successfully completed a training course in
   1-34  emergency first aid and lifesaving techniques approved by the
   1-35  commission;
   1-36              (2)  successfully completed a training course in mental
   1-37  health issues administered by the commission; and
   1-38              (3)  passed an examination administered by the
   1-39  commission that is designed to test the officer's:
   1-40                    (A)  knowledge and recognition of the symptoms of
   1-41  mental illness and mental disabilities; and
   1-42                    (B)  knowledge of mental health crisis
   1-43  intervention strategies.
   1-44        (b)  The commission may issue a professional achievement or
   1-45  proficiency certificate to an officer who meets the requirements
   1-46  provided by Subsection (a).
   1-47        (c)  The commission by rule may establish minimum
   1-48  requirements for the training, testing, and certification of
   1-49  special officers for mental health assignment.
   1-50        SECTION 2.  Section 531.001,  Health and Safety Code, is
   1-51  amended by adding Subsection (g) to read as follows:
   1-52        (g)  It is the goal of this state to establish at least one
   1-53  special officer for mental health assignment in each county.  To
   1-54  achieve this goal, the department shall assist a local law
   1-55  enforcement agency that desires to have an officer certified under
   1-56  Section 415.037, Government Code.
   1-57        SECTION 3.  Section 574.045,  Health and Safety Code, is
   1-58  amended by amending Subsection (a) and by adding Subsections (e)
   1-59  and (f) to read as follows:
   1-60        (a)  The court may authorize the transportation of a
   1-61  committed patient to the designated mental health facility by:
   1-62              (1)  a relative or other responsible person who has a
   1-63  proper interest in the patient's welfare and who receives no
   1-64  remuneration, except for actual and necessary expenses;
   1-65              (2)  the facility administrator of the designated
   1-66  mental health facility, if the administrator notifies the court
   1-67  that facility personnel are available to transport the patient;
   1-68  <or>
    2-1              (3)  a special officer for mental health assignment
    2-2  certified under Section 415.037, Government Code; or
    2-3              (4)  the sheriff or constable, if no person is
    2-4  available under Subdivision (1), <or> (2), or (3).
    2-5        (e)  The patient may not be transported with a state
    2-6  prisoner.
    2-7        (f)  The patient may not be shackled unless necessary to
    2-8  protect the health and safety of the patient or of a person
    2-9  traveling with the patient.
   2-10        SECTION 4.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended,
   2-15  and that this Act take effect and be in force from and after its
   2-16  passage, and it is so enacted.
   2-17                               * * * * *
   2-18                                                         Austin,
   2-19  Texas
   2-20                                                         March 2, 1993
   2-21  Hon. Bob Bullock
   2-22  President of the Senate
   2-23  Sir:
   2-24  We, your Committee on Health and Human Services to which was
   2-25  referred S.B. No. 292, have had the same under consideration, and I
   2-26  am instructed to report it back to the Senate with the
   2-27  recommendation that it do pass, as amended, and be printed.
   2-28                                                         Zaffirini,
   2-29  Chair
   2-30                               * * * * *
   2-31                               WITNESSES
   2-32                                                  FOR   AGAINST  ON
   2-33  ___________________________________________________________________
   2-34  Name:  Steve Manley                              x
   2-35  Representing:  Travis Co. Sheriffs Dept.
   2-36  City:  Austin
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   2-38  Name:  Aaryce Hayes                              x
   2-39  Representing:  Advocacy, Inc.
   2-40  City:  Austin
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   2-42  Name:  Christine Devall                          x
   2-43  Representing:  Mental Health Assn. of Texas
   2-44  City:  Austin
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   2-46  Name:  Charlotte Provencher                      x
   2-47  Representing:  Texas Alliance/Mentally Ill
   2-48  City:  Austin
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   2-50  Name:  Karen Hale                                              x
   2-51  Representing:  TXMHMR
   2-52  City:  Austin
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   2-54  Name:  Barbara Snipes                            x
   2-55  Representing:  Texas Health Information
   2-56  City:  Austin
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   2-58  Name:  Betty Hardwick                            x
   2-59  Representing:  Texas Council/MHMR Centers
   2-60  City:  Baird
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   2-62                                                  FOR   AGAINST  ON
   2-63  ___________________________________________________________________
   2-64  Name:  Mike Sorenson                             x
   2-65  Representing:  Travis Co. Sheriff's Dept.
   2-66  City:  Austin
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