BILL ANALYSIS

H.B. 1829

By: Naishtat

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

A peace officer is authorized to detain a person who the officer has reason to believe is mentally ill and poses a substantial risk of harm to others unless restrained. As a result of the limited number of beds in mental health hospitals, such patients are not always placed in the most appropriate care setting. Current law does not clearly authorize the transfer of a person admitted to a mental health facility for emergency detention to a more appropriate mental hospital. If a bed opens up in an appropriate mental hospital during a period of emergency detention, the patient would benefit most from being transferred to the more appropriate facility.

H.B. 1829 seeks to address this issue by authorizing a mental health facility to transfer a patient admitted for emergency detention to an appropriate mental hospital under certain conditions.

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

H.B. 1829 amends the Health and Safety Code to authorize a mental health facility that has admitted a person for emergency detention or to which a person has been transported for detainment following emergency detention to transfer the person to an appropriate mental hospital with the written consent of the hospital administrator.

EFFECTIVE DATE

September 1, 2011.