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 not to exceed $50 if
1-19 transporting within the same county and not to exceed the
1-20 reasonable cost of transportation if transporting between counties;
1-21 (5) costs and salary supplements authorized under
1-22 Sections 574.031(i) and (j); and
1-23 (6) prosecutor's fees authorized under Section
1-24 574.031(k).
2-1 SECTION 2. Subsection (a), Section 573.025, Health and
2-2 Safety Code, is amended to read as follows:
2-3 (a) A person apprehended or detained under this chapter has
2-4 the right:
2-5 (1) to be advised of the location of detention, the
2-6 reasons for the detention, and the fact that the detention could
2-7 result in a longer period of involuntary commitment;
2-8 (2) to a reasonable opportunity to communicate with
2-9 and retain an attorney;
2-10 (3) to be transported to a location as provided by
2-11 Section 573.024 if the person is not admitted for emergency
2-12 detention, unless the person is arrested or objects;
2-13 (4) to be released from a facility as provided by
2-14 Section 573.023; [and]
2-15 (5) to be advised that communications with a mental
2-16 health professional may be used in proceedings for further
2-17 detention; and
2-18 (6) to be transported in accordance with Sections
2-19 573.026 and 574.045, if the person is detained under Section
2-20 573.022 or transported under an order of protective custody under
2-21 Section 574.023.
2-22 SECTION 3. Subchapter C, Chapter 573, Health and Safety
2-23 Code, is amended by adding Section 573.026 to read as follows:
2-24 Sec. 573.026. TRANSPORTATION AFTER DETENTION. A person
2-25 being transported after detention under Section 573.022 shall be
2-26 transported in accordance with Section 574.045.
3-1 SECTION 4. Subsection (a), Section 574.023, Health and
3-2 Safety Code, is amended to read as follows:
3-3 (a) A protective custody order shall direct a person
3-4 authorized to transport patients under Section 574.045 [peace
3-5 officer or other designated person] to take the proposed patient
3-6 into protective custody and transport the person immediately to:
3-7 (1) a facility of the single portal authority for the
3-8 area;
3-9 (2) an appropriate inpatient mental health facility,
3-10 if no single portal authority serves the area; or
3-11 (3) a facility deemed suitable by the county's mental
3-12 health authority, if no single portal authority serves the area and
3-13 an appropriate inpatient mental health facility is not available.
3-14 SECTION 5. Section 574.045, Health and Safety Code, is
3-15 amended to read as follows:
3-16 Sec. 574.045. TRANSPORTATION OF PATIENT. (a) The court may
3-17 authorize the transportation of a committed patient or a patient
3-18 detained under Section 573.022 or 574.023 to the designated mental
3-19 health facility by:
3-20 (1) a relative or other responsible person who has a
3-21 proper interest in the patient's welfare and who receives no
3-22 remuneration, except for actual and necessary expenses;
3-23 (2) the facility administrator of the designated
3-24 mental health facility, if the administrator notifies the court
3-25 that facility personnel are available to transport the patient;
3-26 (3) a special officer for mental health assignment
4-1 certified under Section 415.037, Government Code; [or]
4-2 (4) a representative of the local mental health
4-3 authority, who shall be reimbursed by the county; or
4-4 (5) the sheriff or constable, if no person is
4-5 available under Subdivision (1), (2), [or] (3), or (4).
4-6 (b) The court shall require appropriate medical personnel to
4-7 accompany the person transporting the patient if there is
4-8 reasonable cause to believe that the patient will require medical
4-9 assistance or the administration of medication during the
4-10 transportation. The payment of an expense incurred under this
4-11 subsection is governed by Section 571.018.
4-12 (c) The patient's friends and relatives may accompany the
4-13 patient at their own expense.
4-14 (d) [(c)] A female patient must be accompanied by a female
4-15 attendant unless the patient is accompanied by her father, husband,
4-16 or adult brother or son.
4-17 (e) [(d)] The patient may not be transported in a marked
4-18 police or sheriff's car or accompanied by a uniformed officer
4-19 unless other means are not available.
4-20 (f) [(e)] The patient may not be transported with a state
4-21 prisoner.
4-22 (g) [(f)] The patient may not be physically restrained
4-23 unless necessary to protect the health and safety of the patient or
4-24 of a person traveling with the patient. If the treating physician
4-25 or the person transporting a patient determines that physical
4-26 restraint of the patient is necessary, that person shall document
5-1 the reasons for that determination and the duration for which the
5-2 restraints are needed. The person transporting the patient shall
5-3 deliver the document to the facility at the time the patient is
5-4 delivered. The facility shall include the document in the
5-5 patient's clinical record.
5-6 (h) The patient must be transported directly to the facility
5-7 within a reasonable amount of time and without undue delay.
5-8 (i) All vehicles used to transport patients under this
5-9 section must be adequately heated in cold weather and adequately
5-10 ventilated in warm weather.
5-11 (j) Special diets or other medical precautions recommended
5-12 by the patient's physician must be followed.
5-13 (k) [(g)] The person transporting the patient shall give the
5-14 patient reasonable opportunities to get food and water and to use a
5-15 bathroom.
5-16 SECTION 6. Chapter 46, Code of Criminal Procedure, is
5-17 amended by adding Article 46.04 to read as follows:
5-18 Art. 46.04. TRANSPORTATION TO A MENTAL HEALTH FACILITY OR
5-19 RESIDENTIAL CARE FACILITY
5-20 Sec. 1. PERSONS ACCOMPANYING TRANSPORT. (a) A patient
5-21 transported from a jail or detention facility to a mental health
5-22 facility or a residential care facility shall be transported by a
5-23 special officer for mental health assignment certified under
5-24 Section 415.037, Government Code, or by a sheriff or constable.
5-25 (b) The court ordering the transport shall require
5-26 appropriate medical personnel to accompany the person transporting
6-1 the patient, at the expense of the county from which the patient is
6-2 transported, if there is reasonable cause to believe the patient
6-3 will require medical assistance or will require the administration
6-4 of medication during the transportation.
6-5 (c) A female patient must be accompanied by a female
6-6 attendant.
6-7 Sec. 2. REQUIREMENTS FOR TRANSPORT. The transportation of a
6-8 patient from a jail or detention facility to a mental health
6-9 facility or residential care facility must meet the following
6-10 requirements:
6-11 (1) the patient must be transported directly to the
6-12 facility within a reasonable amount of time and without undue
6-13 delay;
6-14 (2) a vehicle used to transport the patient must be
6-15 adequately heated in cold weather and adequately ventilated in warm
6-16 weather;
6-17 (3) a special diet or other medical precautions
6-18 recommended by the patient's physician must be followed;
6-19 (4) the person transporting the patient shall give the
6-20 patient reasonable opportunities to get food and water and to use a
6-21 bathroom; and
6-22 (5) the patient may not be transported with a state
6-23 prisoner.
6-24 SECTION 7. This Act takes effect September 1, 1999.
6-25 SECTION 8. The importance of this legislation and the
6-26 crowded condition of the calendars in both houses create an
7-1 emergency and an imperative public necessity that the
7-2 constitutional rule requiring bills to be read on three several
7-3 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 539 passed the Senate on
April 22, 1999, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 28, 1999, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 539 passed the House, with
amendment, on May 25, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor