BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 3067

                                                                                                                                      By: Raymond

                                                                                                                                  Human Services

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, the courts have discretion as to whom they may authorize to transport mental health patients to a mental health facility.  However, current law does not provide an order of priority to guide the courts in making these decisions.  Law enforcement officials, who in some cases do not have specialized training, are often the default choice of the courts. 

 

C.S.H.B. 3067 assigns priority to persons with mental health training and persons who have an interest in the patient's welfare.

 

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

The bill provides that a court may authorize the transportation of a mental patient in the following order of priority:

 

 

The bill also includes certain provisions relating to reimbursement of expenses.

 

EFFECTIVE DATE

 

September 1, 2005

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The original; bill provides the following order of priority for the transportation of mental health patients:

 

 

The substitute bill provides an order of priority as set forth in the ANALYSIS section above.