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A BILL TO BE ENTITLED
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AN ACT
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relating to the transportation of certain mental health patients. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 574.045, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) Except in a county described by Subsection (a-1), the |
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[The] court may authorize the transportation of a committed patient |
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or a patient detained under Section 573.022 or 574.023 to the |
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designated mental health facility by: |
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(1) a relative or other responsible person who has a |
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proper interest in the patient's welfare and who receives no |
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remuneration, except for actual and necessary expenses; |
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(2) the facility administrator of the designated |
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mental health facility, if the administrator notifies the court |
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that facility personnel are available to transport the patient; |
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(3) a special officer for mental health assignment |
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certified under Section 1701.404, Occupations Code; |
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(4) a representative of the local mental health |
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authority, who shall be reimbursed by the county; or |
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(5) the sheriff or constable, if no person is |
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available under Subdivision (1), (2), (3), or (4). |
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(a-1) In a county located on the Texas-Mexico border that |
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has a population of 500,000 or more and is adjacent to two or more |
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counties each of which has a population of 50,000 or more, the court |
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may authorize, in the following order of priority, the |
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transportation of a committed patient or a patient detained under |
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Section 573.022 or 574.023 to the designated mental health facility |
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by: |
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(1) a relative or other responsible person who has a |
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proper interest in the patient's welfare and who receives no |
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remuneration, except for actual and necessary expenses; |
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(2) the facility administrator of the designated |
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mental health facility, unless the administrator notifies the court |
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that facility personnel are not available to transport the patient; |
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(3) a representative of the local mental health |
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authority, who shall be reimbursed by the county; |
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(4) a special officer for mental health assignment |
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certified under Section 1701.404, Occupations Code, who shall be |
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reimbursed by the Department of State Health Services from money |
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appropriated for that purpose, or if money is not appropriated for |
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that purpose, as provided by Section 571.018; or |
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(5) the sheriff or constable, if no person is |
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available under Subdivision (1), (2), (3), or (4), who shall be |
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reimbursed by the Department of State Health Services from money |
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appropriated for that purpose, or if money is not appropriated for |
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that purpose, as provided by Section 571.018. |
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(a-2) A person who under Subsection (a-1) is authorized by |
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the court to transport a patient to a designated mental health |
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facility may contract with a third party qualified to provide the |
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transportation services authorized by the court. |
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SECTION 2. This Act takes effect September 1, 2007 |
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