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
2-37 -------------------------------------------------------------------
2-38 Name: Aaryce Hayes x
2-39 Representing: Advocacy, Inc.
2-40 City: Austin
2-41 -------------------------------------------------------------------
2-42 Name: Christine Devall x
2-43 Representing: Mental Health Assn. of Texas
2-44 City: Austin
2-45 -------------------------------------------------------------------
2-46 Name: Charlotte Provencher x
2-47 Representing: Texas Alliance/Mentally Ill
2-48 City: Austin
2-49 -------------------------------------------------------------------
2-50 Name: Karen Hale x
2-51 Representing: TXMHMR
2-52 City: Austin
2-53 -------------------------------------------------------------------
2-54 Name: Barbara Snipes x
2-55 Representing: Texas Health Information
2-56 City: Austin
2-57 -------------------------------------------------------------------
2-58 Name: Betty Hardwick x
2-59 Representing: Texas Council/MHMR Centers
2-60 City: Baird
2-61 -------------------------------------------------------------------
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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