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A BILL TO BE ENTITLED
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AN ACT
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relating to mental health assessment programs for certain municipal |
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police and fire departments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 142, Local Government |
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Code, is amended by adding Section 142.015 to read as follows: |
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Sec. 142.015. MENTAL HEALTH ASSESSMENT PROGRAM FOR POLICE |
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AND FIRE DEPARTMENTS IN CERTAIN MUNICIPALITIES. (a) In this |
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section, "program" means a mental health assessment program |
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established under this section. |
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(b) This section applies only to a municipality with a |
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population of two million or more. |
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(c) Each municipal police and fire department shall |
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establish and operate a mental health assessment program in |
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accordance with this section to provide a mental health assessment |
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for police officers or firefighters involved in a critical |
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incident. |
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(d) A municipal police or fire department shall require a |
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police officer or firefighter involved in a critical incident to |
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participate in the program and receive a mental health assessment |
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in accordance with this section not later than the 10th day after |
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the date of the critical incident. The department shall adopt a |
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written policy defining a critical incident that includes: |
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(1) the discharge of a weapon that results in the death |
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or serious injury of an individual; and |
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(2) witnessing the death or serious injury of a police |
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officer or firefighter while in the line of duty. |
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(e) The program must provide a mental health assessment that |
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is: |
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(1) conducted by a licensed psychologist, licensed |
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master social worker, or another licensed mental health care |
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professional determined appropriate by the municipal police or fire |
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department; and |
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(2) evidence-based and includes a suicidal ideation |
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evaluation. |
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(f) A municipal police or fire department may not terminate |
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or retaliate against a police officer or firefighter for |
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participating in the program. |
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(g) A mental health assessment provided under the program is |
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confidential in accordance with Section 611.002, Health and Safety |
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Code. A municipal police or fire department shall adopt a written |
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policy that ensures a disclosure authorized by Section |
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611.004(a)(2), Health and Safety Code, does not result in the |
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termination of or retaliation against the police officer or |
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firefighter who is the subject of the disclosure. A mental health |
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professional conducting the mental health assessment may notify the |
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department of a scheduled assessment and the completion of the |
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assessment for purposes of ensuring program participation. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |