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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 573.012, Health and Safety Code, is |
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amended by adding Subsections (j) and (k) to read as follows: |
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(j) In a county located on the Texas-Mexico border that has |
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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 judge |
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or magistrate may authorize, in the following order of priority, |
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the transportation of a person apprehended under this section to |
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the appropriate 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 person'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 appropriate |
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mental health facility, unless the administrator notifies the judge |
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or magistrate that facility personnel are not available to |
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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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(k) A person who under Subsection (j) is authorized by the |
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court to transport a person to a mental health facility may contract |
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with a person that is listed as a qualified transportation service |
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provider by the commissioners court of the county in which the court |
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is located to provide the transportation authorized by the court. |
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SECTION 2. Subchapter B, Chapter 573, Health and Safety |
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Code, is amended by adding Section 573.013 to read as follows: |
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Sec. 573.013. LIST OF QUALIFIED TRANSPORTATION SERVICE |
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PROVIDERS. The commissioners court of a county located on the |
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Texas-Mexico border that has a population of 500,000 or more and is |
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adjacent to two or more counties each of which has a population of |
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50,000 or more, by order shall: |
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(1) establish and maintain a list of qualified |
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transportation service providers with whom a person may contract in |
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accordance with Section 573.012; |
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(2) prescribe uniform standards that a person must |
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meet to be listed as a qualified transportation service provider; |
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(3) establish an application procedure for a person to |
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be included on the list, including an appropriate application fee |
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to be deposited in the county general fund; |
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(4) require officers and employees of the county to |
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contract with persons on the list, on a rotating basis, when the |
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officer or employee is authorized to provide transportation under |
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Section 573.012(j)(5); and |
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(5) ensure that the list is made available to any |
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person authorized to provide transportation under Section 573.012. |
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SECTION 3. This Act takes effect September 1, 2009. |