H.B. No. 167
AN ACT
relating to the transportation of certain mental health patients.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 574.045, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (a-1) 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 [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];
(2) the facility administrator of the designated
mental health facility, unless [if] 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 [a special
officer for mental health assignment certified under Section
1701.404, Occupations Code];
(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;
(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
(6) [(5)] the sheriff or constable[, if no person is
available under Subdivision (1), (2), (3), or (4)].
(a-1) A person who under Subsection (a)(1), (2), or (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. Subchapter D, Chapter 574, Health and Safety
Code, is amended by adding Section 574.0455 to read as follows:
Sec. 574.0455. LIST OF QUALIFIED TRANSPORTATION SERVICE
PROVIDERS. (a) The commissioners court of a county may:
(1) establish and maintain a list of qualified
transportation service providers that a court may authorize or with
whom a person may contract to transport a person to a mental health
facility in accordance with Section 574.045;
(2) establish an application procedure for a person to
be included on the list, including an appropriate application fee
to be deposited in the county general fund;
(3) contract with qualified transportation service
providers on terms acceptable to the county;
(4) allow officers and employees of the county to
utilize persons on the list on a rotating basis if the officer or
employee is authorized to provide transportation under Section
574.045 and chooses to utilize a qualified transportation service
provider in accordance with the terms of the contract approved by
the commissioners court; and
(5) ensure that the list is made available to any
person authorized to provide transportation under Section 574.045.
(b) The Department of State Health Services shall prescribe
uniform standards:
(1) that a person must meet to be listed as a qualified
transportation service provider under Subsection (a); and
(2) prescribing requirements relating to how the
transportation of a person to a mental health facility by a
qualified transportation service provider is provided.
SECTION 3. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 167 was passed by the House on May 13,
2011, by the following vote: Yeas 143, Nays 1, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 167 on May 27, 2011, by the following vote: Yeas 137, Nays 3, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 167 was passed by the Senate, with
amendments, on May 25, 2011, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor