By:  Martinez                                                     H.B. No. 2967

Substitute the following for H.B. No. 2967:                                   

By:  Paxton                                                   C.S.H.B. No. 2967



A BILL TO BE ENTITLED

AN ACT

relating to the transportation of certain mental health patients.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 574.045, Health and Safety Code, is 
amended by amending Subsection (a) and adding Subsections (a-1) and 
(a-2) to read as follows:
	(a)  Except in a county described by Subsection (a-1), the 
[The] court may authorize the transportation of a committed patient 
or a patient detained under Section 573.022 or 574.023 to the 
designated mental health facility by:
		(1)  a relative or other responsible person who has a 
proper interest in the patient's welfare and who receives no 
remuneration, except for actual and necessary expenses;
		(2)  the facility administrator of the designated 
mental health facility, if the administrator notifies the court 
that facility personnel are available to transport the patient;
		(3)  a special officer for mental health assignment 
certified under Section 1701.404, Occupations Code;
		(4)  a representative of the local mental health 
authority, who shall be reimbursed by the county; or
		(5)  the sheriff or constable, if no person is 
available under Subdivision (1), (2), (3), or (4).
	(a-1)  In a county located on the Texas-Mexico border that 
has a population of 500,000 or more and is adjacent to two or more 
counties each of which has a population of 50,000 or more, the court 
may authorize, in the following order of priority, the 
transportation of a committed patient or a patient detained under 
Section 573.022 or 574.023 to the designated mental health facility 
by:
		(1)  a relative or other responsible person who has a 
proper interest in the patient's welfare and who receives no 
remuneration, except for actual and necessary expenses;
		(2)  the facility administrator of the designated 
mental health facility, unless the administrator notifies the court 
that facility personnel are not available to transport the patient;
		(3)  a representative of the local mental health 
authority, who shall be reimbursed by the county;
		(4)  a special officer for mental health assignment 
certified under Section 1701.404, Occupations Code, who shall be 
reimbursed by the Department of State Health Services from money 
appropriated for that purpose, or if money is not appropriated for 
that purpose, as provided by Section 571.018; or
		(5)  the sheriff or constable, if no person is 
available under Subdivision (1), (2), (3), or (4), who shall be 
reimbursed by the Department of State Health Services from money 
appropriated for that purpose, or if money is not appropriated for 
that purpose, as provided by Section 571.018.
	(a-2)  A person who under Subsection (a-1) is authorized by 
the court to transport a patient to a designated mental health 
facility may contract with a third party qualified to provide the 
transportation services authorized by the court.
	SECTION 2.  This Act takes effect September 1, 2005.