| |
| |
|
|
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 Subsection (a-1) to |
|
|
read as follows: |
|
|
(a) 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 special officer for mental health assignment |
|
|
certified under Section 1701.404, Occupations Code [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 [if] the administrator notifies the |
|
|
court that facility personnel are not 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; |
|
|
(4) a qualified transportation service provider |
|
|
selected from the list established and maintained as required by |
|
|
Section 574.0455 by the commissioners court of the county in which |
|
|
the court authorizing the transportation is located; or |
|
|
(5) the sheriff or constable[, if no person is
|
|
|
available under Subdivision (1), (2), (3), or (4)]. |
|
|
(a-1) A person who under Subsection (a)(1), (2), (3), or (5) |
|
|
is authorized by the court to transport a person to a mental health |
|
|
facility may contract with a qualified transportation service |
|
|
provider that is included on the list established and maintained as |
|
|
required by Section 574.0455 by the commissioners court of the |
|
|
county in which the court is located to provide the transportation |
|
|
authorized by the court. |
|
|
SECTION 2. Subchapter D, Chapter 574, Health and Safety |
|
|
Code, is amended by adding Section 574.0455 to read as follows: |
|
|
Sec. 574.0455. LIST OF QUALIFIED TRANSPORTATION SERVICE |
|
|
PROVIDERS. (a) The commissioners court of a county shall: |
|
|
(1) establish and maintain a list of qualified |
|
|
transportation service providers that a court may authorize or with |
|
|
whom a person may contract to transport a person to a mental health |
|
|
facility in accordance with Section 574.045; |
|
|
(2) establish an application procedure for a person to |
|
|
be included on the list, including an appropriate application fee |
|
|
to be deposited in the county general fund; |
|
|
(3) allow officers and employees of the county to |
|
|
contract with persons on the list on a rotating basis if the officer |
|
|
or employee is authorized to provide transportation under Section |
|
|
574.045 and chooses to contract with a qualified transportation |
|
|
service provider; and |
|
|
(4) ensure that the list is made available to any |
|
|
person authorized to provide transportation under Section 574.045. |
|
|
(b) The Department of State Health Services shall prescribe |
|
|
uniform standards that a person must meet to be listed as a |
|
|
qualified transportation service provider under Subsection (a). |
|
|
SECTION 3. This Act takes effect September 1, 2011. |