HBA-PDH H.B. 273 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 273
By: West, George
Public Health
3/4/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, an adult individual may file an application for emergency
detention of a mentally ill person with a judge or magistrate based on a
number of preconditions being met and evidenced.  A judge or magistrate may
grant or deny the application based on sufficiency of statutory cause.  The
current law involves law enforcement officers in the warrant process
without the advice of a mental health expert. 

H.B. 273 requires a magistrate or judge, upon approval of an application,
to issue a warrant for emergency detention to a mental health expert, who
may then determine the need for law enforcement or medical services based
on the expert's professional opinion and the situation at hand. The bill
authorizes certain counties to contract with ambulance services for the
transportation of individuals apprehended or detained, and prioritizes a
list of parties responsible for the transportation of a individual upon
both an individual's apprehension under warrant, and upon an individual's
release from emergency detention. 


RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 571, Health and Safety Code, by adding Section
571.0185, as follows: 

Sec. 571.0185.  COUNTY CONTRACT FOR TRANSPORTATION OF CERTAIN PATIENTS.
Authorizes a county with a population of less than 200,000 to contract with
an ambulance service to provide transportation to an individual apprehended
or detained under Chapter 573 (Emergency Detention) or Chapter 574
(Court-Ordered Mental Health Services) if medical services or restraint are
required. 

SECTION 2.  Amends Section 573.012 (d), Health and Safety Code, to require
a magistrate to issue a warrant for a person's immediate apprehension to a
mental health authority or county mental health worker (worker), rather
than an on-duty peace officer, if the magistrate finds evidence of a
person's mental illness, a risk of imminent harm to oneself or others
unless restrained, and a need for emergency detention.  Requires a worker
to summon an on-duty peace officer for  assistance in serving a warrant if
a person has a history of aggressive or violent behavior or the worker
believes aggressive or violent behavior is possible.  Authorizes the worker
to summon an ambulance for assistance in serving a warrant if a need for
medical stabilization is demonstrated, medical assistance or stabilization
during transport to a mental health facility is indicated by history, or
restraint during transportation to a mental health facility is deemed
necessary by the worker. 

SECTION 3.  Amends Subchapter B, Chapter 573, Health and Safety Code, by
adding Section 573.013, as follows: 

Sec. 573.013.  TRANSPORTATION OF PERSONS APPREHENDED.  Sets forth in order
of preference the persons a judge or magistrate may authorize to transport
an apprehended person to a mental health facility if a judge or magistrate
issues a warrant for the apprehended person under Section 573.012 (Issuance
Of A Warrant).   

SECTION 4.  Amends Section 573.024, Health and Safety Code, by adding
Subsection (e), to set forth in order of preference the persons authorized
to transport a person released under Section 573.023 (Release from
Emergency Detention).  

SECTION 5.Emergency clause.
  Effective date: upon passage.