BILL ANALYSIS
By: Raymond
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.