By West H.B. No. 273
76R1755 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transportation of certain persons receiving mental
1-3 health services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 571, Health and Safety Code, is amended
1-6 by adding Section 571.0185 to read as follows:
1-7 Sec. 571.0185. COUNTY CONTRACT FOR TRANSPORTATION OF CERTAIN
1-8 PATIENTS. A county with a population of less than 200,000 may
1-9 contract with an ambulance service to provide transportation of any
1-10 individual apprehended or detained under Chapter 573 or 574 who
1-11 requires medical services or restraint.
1-12 SECTION 2. Section 573.012(d), Health and Safety Code, is
1-13 amended to read as follows:
1-14 (d) The magistrate shall issue to a mental health authority
1-15 or county mental health worker [an on-duty peace officer] a warrant
1-16 for the person's immediate apprehension if the magistrate finds
1-17 that each criterion under Subsection (b) is satisfied. The mental
1-18 health worker shall summon an on-duty peace officer to assist in
1-19 serving the warrant if the person has a history of aggressive or
1-20 violent behavior or the mental health worker has reason to believe
1-21 that the person may display aggressive or violent behavior. The
1-22 mental health worker may summon an ambulance to assist in serving
1-23 the warrant if:
1-24 (1) the person demonstrates a need for medical
2-1 stabilization;
2-2 (2) the person's medical history indicates a
2-3 significant probability that the person will require medical
2-4 assistance or stabilization while the person is transported to a
2-5 mental health facility; or
2-6 (3) the mental health worker determines it will be
2-7 necessary to restrain the person while the person is transported to
2-8 a mental health facility.
2-9 SECTION 3. Subchapter B, Chapter 573, Health and Safety
2-10 Code, is amended by adding Section 573.013 to read as follows:
2-11 Sec. 573.013. TRANSPORTATION OF PERSON APPREHENDED. Subject
2-12 to the conditions prescribed by this section, a judge or magistrate
2-13 that issues a warrant under Section 573.012 may authorize the
2-14 transportation of a person apprehended under that warrant to a
2-15 mental health facility by any of the following persons in
2-16 descending order of preference:
2-17 (1) a mental health authority or county mental health
2-18 worker;
2-19 (2) any responsible person, including a relative of
2-20 the apprehended person, who:
2-21 (A) has a proper interest in the apprehended
2-22 person's welfare; and
2-23 (B) will receive no remuneration for the
2-24 transportation except for actual expenses;
2-25 (3) the facility administrator of the mental health
2-26 facility or the administrator's agent if the administrator notifies
2-27 the county mental health authority that the facility has personnel
3-1 available to transport the apprehended person;
3-2 (4) an ambulance service operated and staffed by
3-3 emergency medical services personnel;
3-4 (5) a peace officer of the county in which the
3-5 apprehended person resides or was apprehended who has been
3-6 certified as a special officer for mental health assignment under
3-7 Section 415.037, Government Code; or
3-8 (6) a sheriff's deputy or municipal peace officer if
3-9 the apprehended person is violent or aggressive.
3-10 SECTION 4. Section 573.024, Health and Safety Code, is
3-11 amended by adding Subsection (e) to read as follows:
3-12 (e) Subject to the conditions prescribed by this subsection,
3-13 the transportation of a person entitled to release under Section
3-14 573.023 must be provided by any of the following persons in
3-15 descending order of preference:
3-16 (1) any responsible person, including a relative of
3-17 the person to be released, who:
3-18 (A) has a proper interest in the released
3-19 person's welfare; and
3-20 (B) will receive no remuneration for the
3-21 transportation except for actual expenses;
3-22 (2) the facility administrator of the mental health
3-23 facility or the administrator's agent if the administrator notifies
3-24 the county mental health authority that the facility has personnel
3-25 available to transport the released person;
3-26 (3) an ambulance service operated and staffed by
3-27 emergency medical services personnel;
4-1 (4) a peace officer of the county in which the
4-2 released person resides or was apprehended who has been certified
4-3 as a special officer for mental health assignment under Section
4-4 415.037, Government Code;
4-5 (5) appropriate public transportation, if available;
4-6 or
4-7 (6) a sheriff's deputy or municipal peace officer if
4-8 the released person is violent or aggressive.
4-9 SECTION 5. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended,
4-14 and that this Act take effect and be in force from and after its
4-15 passage, and it is so enacted.