| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the transfer and transportation from one facility to |
|
|
another of an individual under an emergency mental health |
|
|
detention. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 573.002, Health and Safety Code, is |
|
|
amended by adding Subsection (f) to read as follows: |
|
|
(f) If a person who has been detained under Section 573.001 |
|
|
and transported to a facility under this section subsequently is |
|
|
transported to a mental health facility as authorized by Section |
|
|
573.022(d), a copy of the notification of detention form filed |
|
|
under Subsection (a) must accompany the detained person to the |
|
|
mental health facility. |
|
|
SECTION 2. Section 573.022, Health and Safety Code, is |
|
|
amended by adding Subsection (d) to read as follows: |
|
|
(d) A local mental health authority that determines that a |
|
|
person detained under Section 573.002 should be transported to an |
|
|
appropriate mental health facility before the expiration of the |
|
|
period for emergency detention described by Section 573.021(b) may |
|
|
issue a request for a peace officer to provide transportation. On |
|
|
receipt by a peace officer from the officer's supervisor of a notice |
|
|
of a request, the peace officer immediately shall transport the |
|
|
detained person to the appropriate mental health facility. A copy |
|
|
of the notification of emergency detention for the detained person |
|
|
filed under Section 573.002(a) must accompany the detained person |
|
|
to the receiving mental health facility. The receiving facility |
|
|
may not require any form other than the copy of the peace officer's |
|
|
notification of detention as a predicate to accepting a person for |
|
|
emergency detention. |
|
|
SECTION 3. The changes in law made by this Act apply to an |
|
|
emergency detention under Chapter 573, Health and Safety Code, that |
|
|
begins on or after the effective date of this Act. An emergency |
|
|
detention under Chapter 573, Health and Safety Code, that begins |
|
|
before the effective date of this Act is governed by the law as it |
|
|
existed immediately before that date, and that law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2017. |