Texas 2009 - 81st Regular

Texas House Bill HB89 Compare Versions

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1	1	81R1206 UM-D
2	2	By: Martinez H.B. No. 89
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the transportation of certain mental health patients.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 573.012, Health and Safety Code, is
10	10	amended by adding Subsections (j) and (k) to read as follows:
11	11	(j) In a county located on the Texas-Mexico border that has
12	12	a population of 500,000 or more and is adjacent to two or more
13	13	counties each of which has a population of 50,000 or more, the judge
14	14	or magistrate may authorize, in the following order of priority,
15	15	the transportation of a person apprehended under this section to
16	16	the appropriate mental health facility by:
17	17	(1) a relative or other responsible person who has a
18	18	proper interest in the person's welfare and who receives no
19	19	remuneration, except for actual and necessary expenses;
20	20	(2) the facility administrator of the appropriate
21	21	mental health facility, unless the administrator notifies the judge
22	22	or magistrate that facility personnel are not available to
23	23	transport the patient;
24	24	(3) a representative of the local mental health
25	25	authority, who shall be reimbursed by the county;
26	26	(4) a special officer for mental health assignment
27	27	certified under Section 1701.404, Occupations Code, who shall be
28	28	reimbursed by the Department of State Health Services from money
29	29	appropriated for that purpose, or if money is not appropriated for
30	30	that purpose, as provided by Section 571.018; or
31	31	(5) the sheriff or constable, if no person is
32	32	available under Subdivision (1), (2), (3), or (4), who shall be
33	33	reimbursed by the Department of State Health Services from money
34	34	appropriated for that purpose, or if money is not appropriated for
35	35	that purpose, as provided by Section 571.018.
36	36	(k) A person who under Subsection (j) is authorized by the
37	37	court to transport a person to a mental health facility may contract
38	38	with a person that is listed as a qualified transportation service
39	39	provider by the commissioners court of the county in which the court
40	40	is located to provide the transportation authorized by the court.
41	41	SECTION 2. Subchapter B, Chapter 573, Health and Safety
42	42	Code, is amended by adding Section 573.013 to read as follows:
43	43	Sec. 573.013. LIST OF QUALIFIED TRANSPORTATION SERVICE
44	44	PROVIDERS. The commissioners court of a county located on the
45	45	Texas-Mexico border that has a population of 500,000 or more and is
46	46	adjacent to two or more counties each of which has a population of
47	47	50,000 or more, by order shall:
48	48	(1) establish and maintain a list of qualified
49	49	transportation service providers with whom a person may contract in
50	50	accordance with Section 573.012;
51	51	(2) prescribe uniform standards that a person must
52	52	meet to be listed as a qualified transportation service provider;
53	53	(3) establish an application procedure for a person to
54	54	be included on the list, including an appropriate application fee
55	55	to be deposited in the county general fund;
56	56	(4) require officers and employees of the county to
57	57	contract with persons on the list, on a rotating basis, when the
58	58	officer or employee is authorized to provide transportation under
59	59	Section 573.012(j)(5); and
60	60	(5) ensure that the list is made available to any
61	61	person authorized to provide transportation under Section 573.012.
62	62	SECTION 3. This Act takes effect September 1, 2009.