By: Moncrief, Harris S.B. No. 539
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the transportation of certain persons requiring
1-2 treatment for mental illness.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (b) and (c), Section 571.018, Health
1-5 and Safety Code, are amended to read as follows:
1-6 (b) The county responsible for the costs of a hearing or
1-7 proceeding under Subsection (a) shall pay the costs of all
1-8 subsequent hearings or proceedings for that person under this
1-9 subtitle until the person is discharged from mental health
1-10 services. The costs shall be billed by the clerk of the court
1-11 conducting the hearings.
1-12 (c) Costs under this section include:
1-13 (1) attorney's fees;
1-14 (2) physician examination fees;
1-15 (3) compensation for court-appointed personnel listed
1-16 under Section 571.017;
1-17 (4) expenses of transportation to a [department]
1-18 mental health facility or to a federal agency;
1-19 (5) costs and salary supplements authorized under
1-20 Sections 574.031(i) and (j); and
1-21 (6) prosecutor's fees authorized under Section
1-22 574.031(k).
1-23 SECTION 2. Subsection (a), Section 573.025, Health and
1-24 Safety Code, is amended to read as follows:
2-1 (a) A person apprehended or detained under this chapter has
2-2 the right:
2-3 (1) to be advised of the location of detention, the
2-4 reasons for the detention, and the fact that the detention could
2-5 result in a longer period of involuntary commitment;
2-6 (2) to a reasonable opportunity to communicate with
2-7 and retain an attorney;
2-8 (3) to be transported to a location as provided by
2-9 Section 573.024 if the person is not admitted for emergency
2-10 detention, unless the person is arrested or objects;
2-11 (4) to be released from a facility as provided by
2-12 Section 573.023; [and]
2-13 (5) to be advised that communications with a mental
2-14 health professional may be used in proceedings for further
2-15 detention; and
2-16 (6) to be transported in accordance with Sections
2-17 573.026 and 574.045, if the person is detained under Section
2-18 573.022 or transported under an order of protective custody under
2-19 Section 574.023.
2-20 SECTION 3. Subchapter C, Chapter 573, Health and Safety
2-21 Code, is amended by adding Section 573.026 to read as follows:
2-22 Sec. 573.026. TRANSPORTATION AFTER DETENTION. A person
2-23 being transported after detention under Section 573.022 shall be
2-24 transported in accordance with Section 574.045.
2-25 SECTION 4. Subsection (a), Section 574.023, Health and
2-26 Safety Code, is amended to read as follows:
3-1 (a) A protective custody order shall direct a person
3-2 authorized to transport patients under Section 574.045 [peace
3-3 officer or other designated person] to take the proposed patient
3-4 into protective custody and transport the person immediately to:
3-5 (1) a facility of the single portal authority for the
3-6 area;
3-7 (2) an appropriate inpatient mental health facility,
3-8 if no single portal authority serves the area; or
3-9 (3) a facility deemed suitable by the county's mental
3-10 health authority, if no single portal authority serves the area and
3-11 an appropriate inpatient mental health facility is not available.
3-12 SECTION 5. Section 574.045, Health and Safety Code, is
3-13 amended to read as follows:
3-14 Sec. 574.045. TRANSPORTATION OF PATIENT. (a) The court may
3-15 authorize the transportation of a committed patient or a patient
3-16 detained under Section 573.022 or 574.023 to the designated mental
3-17 health facility by:
3-18 (1) a relative or other responsible person who has a
3-19 proper interest in the patient's welfare and who receives no
3-20 remuneration, except for actual and necessary expenses;
3-21 (2) the facility administrator of the designated
3-22 mental health facility, if the administrator notifies the court
3-23 that facility personnel are available to transport the patient;
3-24 (3) a special officer for mental health assignment
3-25 certified under Section 415.037, Government Code; [or]
3-26 (4) a representative of the local mental health
4-1 authority, who shall be reimbursed by the county; or
4-2 (5) the sheriff or constable, if no person is
4-3 available under Subdivision (1), (2), [or] (3), or (4).
4-4 (b) The court shall require appropriate medical personnel to
4-5 accompany the person transporting the patient if there is
4-6 reasonable cause to believe that the patient will require medical
4-7 assistance or the administration of medication during the
4-8 transportation. The payment of an expense incurred under this
4-9 subsection is governed by Section 571.018.
4-10 (c) The patient's friends and relatives may accompany the
4-11 patient at their own expense.
4-12 (d) [(c)] A female patient must be accompanied by a female
4-13 attendant unless the patient is accompanied by her father, husband,
4-14 or adult brother or son.
4-15 (e) [(d)] The patient may not be transported in a marked
4-16 police or sheriff's car or accompanied by a uniformed officer
4-17 unless other means are not available.
4-18 (f) [(e)] The patient may not be transported with a state
4-19 prisoner.
4-20 (g) [(f)] The patient may not be physically restrained
4-21 unless necessary to protect the health and safety of the patient or
4-22 of a person traveling with the patient. If the treating physician
4-23 or the person transporting a patient determines that physical
4-24 restraint of the patient is necessary, that person shall document
4-25 the reasons for that determination and the duration for which the
4-26 restraints are needed. The person transporting the patient shall
5-1 deliver the document to the facility at the time the patient is
5-2 delivered. The facility shall include the document in the
5-3 patient's clinical record.
5-4 (h) The patient must be transported directly to the facility
5-5 within a reasonable amount of time and without undue delay.
5-6 (i) All vehicles used to transport patients under this
5-7 section must be adequately heated in cold weather and adequately
5-8 ventilated in warm weather.
5-9 (j) Special diets or other medical precautions recommended
5-10 by the patient's physician must be followed.
5-11 (k) [(g)] The person transporting the patient shall give the
5-12 patient reasonable opportunities to get food and water and to use a
5-13 bathroom.
5-14 SECTION 6. Chapter 46, Code of Criminal Procedure, is
5-15 amended by adding Article 46.04 to read as follows:
5-16 Art. 46.04. TRANSPORTATION TO A MENTAL HEALTH FACILITY OR
5-17 RESIDENTIAL CARE FACILITY
5-18 Sec. 1. PERSONS ACCOMPANYING TRANSPORT. (a) A patient
5-19 transported from a jail or detention facility to a mental health
5-20 facility or a residential care facility shall be transported by a
5-21 special officer for mental health assignment certified under
5-22 Section 415.037, Government Code, or by a sheriff or constable.
5-23 (b) The court ordering the transport shall require
5-24 appropriate medical personnel to accompany the person transporting
5-25 the patient, at the expense of the county from which the patient is
5-26 transported, if there is reasonable cause to believe the patient
6-1 will require medical assistance or will require the administration
6-2 of medication during the transportation.
6-3 (c) A female patient must be accompanied by a female
6-4 attendant.
6-5 Sec. 2. REQUIREMENTS FOR TRANSPORT. The transportation of a
6-6 patient from a jail or detention facility to a mental health
6-7 facility or residential care facility must meet the following
6-8 requirements:
6-9 (1) the patient must be transported directly to the
6-10 facility within a reasonable amount of time and without undue
6-11 delay;
6-12 (2) a vehicle used to transport the patient must be
6-13 adequately heated in cold weather and adequately ventilated in warm
6-14 weather;
6-15 (3) a special diet or other medical precautions
6-16 recommended by the patient's physician must be followed;
6-17 (4) the person transporting the patient shall give the
6-18 patient reasonable opportunities to get food and water and to use a
6-19 bathroom; and
6-20 (5) the patient may not be transported with a state
6-21 prisoner.
6-22 SECTION 7. This Act takes effect September 1, 1999.
6-23 SECTION 8. The importance of this legislation and the
6-24 crowded condition of the calendars in both houses create an
6-25 emergency and an imperative public necessity that the
6-26 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended.