| 1 | 1 | | 85R12941 SMT-F |
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| 2 | 2 | | By: Miller H.B. No. 2913 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the transfer and transportation from one facility to |
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| 8 | 8 | | another of an individual under an emergency mental health |
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| 9 | 9 | | detention. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 573.002, Health and Safety Code, is |
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| 12 | 12 | | amended by adding Subsection (f) to read as follows: |
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| 13 | 13 | | (f) If a person who has been detained under Section 573.001 |
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| 14 | 14 | | and transported to a facility under this section subsequently is |
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| 15 | 15 | | transported to a mental health facility as authorized by Section |
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| 16 | 16 | | 573.022(d), a copy of the notification of detention form filed |
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| 17 | 17 | | under Subsection (a) must accompany the detained person to the |
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| 18 | 18 | | mental health facility. |
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| 19 | 19 | | SECTION 2. Section 573.022, Health and Safety Code, is |
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| 20 | 20 | | amended by adding Subsection (d) to read as follows: |
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| 21 | 21 | | (d) A local mental health authority that determines that a |
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| 22 | 22 | | person detained under Section 573.002 should be transported to an |
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| 23 | 23 | | appropriate mental health facility before the expiration of the |
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| 24 | 24 | | period for emergency detention described by Section 573.021(b) may |
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| 25 | 25 | | issue a request for a peace officer to provide transportation. On |
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| 26 | 26 | | receipt by a peace officer from the officer's supervisor of a notice |
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| 27 | 27 | | of a request, the peace officer immediately shall transport the |
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| 28 | 28 | | detained person to the appropriate mental health facility. A copy |
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| 29 | 29 | | of the notification of emergency detention for the detained person |
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| 30 | 30 | | filed under Section 573.002(a) must accompany the detained person |
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| 31 | 31 | | to the receiving mental health facility. The receiving facility |
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| 32 | 32 | | may not require any form other than the copy of the peace officer's |
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| 33 | 33 | | notification of detention as a predicate to accepting a person for |
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| 34 | 34 | | emergency detention. |
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| 35 | 35 | | SECTION 3. The changes in law made by this Act apply to an |
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| 36 | 36 | | emergency detention under Chapter 573, Health and Safety Code, that |
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| 37 | 37 | | begins on or after the effective date of this Act. An emergency |
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| 38 | 38 | | detention under Chapter 573, Health and Safety Code, that begins |
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| 39 | 39 | | before the effective date of this Act is governed by the law as it |
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| 40 | 40 | | existed immediately before that date, and that law is continued in |
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| 41 | 41 | | effect for that purpose. |
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| 42 | 42 | | SECTION 4. This Act takes effect September 1, 2017. |
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