SRC-DBM S.B. 539 76(R)BILL ANALYSIS


Senate Research CenterS.B. 539
By: Moncrief
Health Services
7/6/1999
Enrolled


DIGEST 

In August of 1988, the Texas Department of Mental Health and Mental
Retardation (TXMHMR) and Advocacy, Incorporated, drew attention to the
problem of mentally ill patients being transported from county jails and
courts to state mental health facilities.  S.B. 539 will set forth
requirements and provisions regarding the transportation of certain persons
requiring treatment for mental illness. 

PURPOSE

As enrolled, S.B. 539 sets forth requirements and provisions regarding the
transportation of certain persons requiring treatment for mental illness. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subsections (b) and (c), Section 571.018, Health and
Safety Code, to require county hearing costs to be billed by the court
clerk conducting the hearings and to include certain costs, including
expenses of transportation to a mental health facility or to a federal
agency not to exceed $50 if transporting within the same county and not to
exceed the reasonable cost of transportation between counties. 

SECTION 2.  Amends Section 573.025(a), Health and Safety Code, to provide
that a person apprehended or detained under this chapter has the right to
be transported in accordance with Sections 573.026 and 574.045, if the
person is detained under Section 573.022, or transported under an order of
protective custody under Section 574.023. 

SECTION 3.  Amends Chapter 573C, Health and Safety Code, by adding Section
573.026 as follows: 

Sec. 573.026.  TRANSPORTATION AFTER DETENTION.  Requires a person being
transported after detention under Section 573.022, to be transported in
accordance with Section 574.045. 

SECTION 4.  Amends Section 574.023(a), Health and Safety Code, to require a
protective custody order to direct a person authorized to transport
patients under Section 574.045, rather than a peace officer or other
designated person, to take the proposed patient into protective custody and
transport the person immediately to a facility of the single portal
authority for the area, an appropriate inpatient mental health facility, or
a facility deemed suitable by the county's mental health authority. 

SECTION 5.  Amends Section 574.045, Health and Safety Code, to authorize
the transportation of a committed patient or a patient detained under
Section 573.022 or 574.023 to the designated mental health facility by a
relative; facility administrator; special officer for mental health
assignment; representative of the local mental health authority, who is
required to be reimbursed by the county; and the sheriff or constable, if
no person is available under Subdivision (1), (2), (3), or (4).  Requires
the court to require appropriate medical personnel to accompany the person
transporting the patient if there is reasonable cause to believe that the
patient will require medical assistance or the  administration of
medication during the transportation.  Provides that the payment of an
expense incurred under this subsection is governed by Section 571.018.
Requires the patient to be transported directly to the facility within a
reasonable amount of time and without undue delay. Requires all of the
vehicles used to transport patients under this section to be adequately
heated in cold weather and adequately ventilated in warm weather.  Requires
special diets or other medical precautions recommended by the patient's
physician to be followed.  Makes conforming changes. 

SECTION 6.   Amends Chapter 46, Code of Criminal Procedure, by adding
Article 46.04 as follows: 

Art. 46.04.  TRANSPORTATION TO A MENTAL HEALTH FACILITY OR RESIDENTIAL CARE
FACILITY 

Sec. 1.  PERSONS ACCOMPANYING TRANSPORT. Requires a patient transported
from a jail or detention facility to a mental health facility or
residential care facility to be transported by a special officer for mental
health who is assignment certified under Section 415.037, Government Code,
or by a sheriff or constable.  Requires the court ordering the transport to
require appropriate medical personnel to accompany the person transporting
the patient, at the expense of the county from which the patient is
transported, if there is reasonable cause to believe the patient will
require medical assistance or the administration of medication during the
transportation.  Requires a female patient to be accompanied by a female
attendant. 

Sec. 2.  REQUIREMENTS FOR TRANSPORT.  Requires the transportation of a
patient from a jail or detention facility to a mental health facility or
residential care facility to meet the following requirements:  requires the
patient to be transported directly to the facility within a reasonable
amount of time and without undue delay;  requires a vehicle used to
transport the patient to be adequately heated in cold weather and
adequately ventilated in warm weather;  requires a special diet or other
medical precautions recommended by the patient's physician to be followed;
requires the person transporting the patient to give the patient reasonable
opportunities to get food and water and to use a bathroom; and prohibits a
patient from being transported with a state prisoner. 

SECTION 7.Effective date: September 1, 1999.

SECTION 8.Emergency clause.