SRC-CTC S.B. 432 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 432
77R5078 SMJ-DBy: Carona
Health & Human Services
2/1/2001
As Filed


DIGEST AND PURPOSE 

Currently, an order of protective custody is necessary to transfer a person
who has been admitted under emergency detention from a county mental health
facility to a facility of the single portal authority or an appropriate
inpatient mental health facility.  As proposed, S.B. 432 sets forth the
requirements under which a person who has been admitted to a county mental
health facility for court ordered mental health services may be detained in
custody or transferred to an appropriate mental health facility. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 573C, Health and Safety Code, by adding Section
573.0215, as follows: 
 
Sec. 573.0215.  DETENTION AT COUNTY MENTAL HEALTH FACILITY.  Authorizes a
person admitted to a county mental health facility for mental health
services to be detained in custody if certain conditions are met.
Prohibits a person from being detained for longer than 24 hours after the
time the person enters a county mental health facility, unless a written
order for further detention is obtained.  Sets forth specific instances and
conditions to authorize detaining a person beyond the original 24 hour
period.  Authorizes a county mental health facility to transport a person
detained under this section to certain facilities.  Provides that the time
limits described by Subsection (b) are not affected by transporting the
person under Subsection (c). 

SECTION 2.  Amends Section 573.022, Health and Safety Code, to delete
wording relating to the transportation of a person admitted to a county
mental health facility for emergency detention. 

SECTION 3.  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 Section 573.026 or, rather than and,
574.045, if the person is detained under Section 573.0215 or 573.022 or is
transported under an order of protective custody under Section 574.023. 

SECTION 4.  Effective date: upon passage or September 1, 2001.