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.