By: Raymond H.B. No. 978
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the transportation of certain patients to a mental
  health facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 574.045(a) and (a-1), Health and Safety
  Code, are amended 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;
               (2)  the facility administrator of the designated
  mental health facility, unless the administrator notifies the court
  that facility personnel are not available to transport the patient;
               (3)  [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;
               [(4)]  a representative of the local mental health
  authority, who shall be reimbursed by the county, unless the
  representative notifies the court that local mental health
  authority personnel are not qualified to ensure the safety of the
  patient during transport;
               (4) [(5)]  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) [(6)]  the sheriff or constable; or
               (6)  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.
         (a-1)  A person who under Subsection (a)(1), (2), or (5) 
  [(6)] 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.  This Act takes effect September 1, 2013.