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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 Subsection (a-1) to |
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read as follows: |
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(a) The court may authorize, in the following order of |
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priority, the transportation of a committed patient or a patient |
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detained under Section 573.022 or 574.023 to the designated mental |
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health facility by: |
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(1) a special officer for mental health assignment |
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certified under Section 1701.404, Occupations Code [a relative or
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other responsible person who has a proper interest in the patient's
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welfare and who receives no remuneration, except for actual and
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necessary expenses]; |
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(2) the facility administrator of the designated |
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mental health facility, unless [if] the administrator notifies the |
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court that facility personnel are not available to transport the |
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patient; |
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(3) 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 [a special
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officer for mental health assignment certified under Section
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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, unless the |
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representative notifies the court that local mental health |
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authority personnel are not qualified to ensure the safety of the |
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patient during transport; |
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(5) a qualified transportation service provider |
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selected from the list established and maintained as required by |
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Section 574.0455 by the commissioners court of the county in which |
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the court authorizing the transportation is located; or |
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(6) [(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) A person who under Subsection (a)(1), (2), or (6) is |
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authorized by the court to transport a person to a mental health |
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facility may contract with a qualified transportation service |
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provider that is included on the list established and maintained as |
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required by Section 574.0455 by the commissioners court of the |
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county in which the court is located to provide the transportation |
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authorized by the court. |
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SECTION 2. Subchapter D, Chapter 574, Health and Safety |
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Code, is amended by adding Section 574.0455 to read as follows: |
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Sec. 574.0455. LIST OF QUALIFIED TRANSPORTATION SERVICE |
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PROVIDERS. (a) The commissioners court of a county may: |
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(1) establish and maintain a list of qualified |
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transportation service providers that a court may authorize or with |
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whom a person may contract to transport a person to a mental health |
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facility in accordance with Section 574.045; |
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(2) 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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(3) contract with qualified transportation service |
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providers on terms acceptable to the county; |
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(4) allow officers and employees of the county to |
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utilize persons on the list on a rotating basis if the officer or |
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employee is authorized to provide transportation under Section |
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574.045 and chooses to utilize a qualified transportation service |
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provider in accordance with the terms of the contract approved by |
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the commissioners court; 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 574.045. |
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(b) The Department of State Health Services shall prescribe |
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uniform standards: |
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(1) that a person must meet to be listed as a qualified |
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transportation service provider under Subsection (a); and |
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(2) prescribing requirements relating to how the |
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transportation of a person to a mental health facility by a |
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qualified transportation service provider is provided. |
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SECTION 3. This Act takes effect September 1, 2011. |
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