85R12941 SMT-F
By: Miller H.B. No. 2913
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.