| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | A BILL TO BE ENTITLED |
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| 8 | 6 | | AN ACT |
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| 9 | 7 | | relating to the transportation of certain mental health patients. |
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| 10 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 9 | | SECTION 1. Section 573.012, Health and Safety Code, is |
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| 12 | 10 | | amended by adding Subsections (j) and (k) to read as follows: |
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| 13 | 11 | | (j) In a county located on the Texas-Mexico border that has |
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| 14 | 12 | | a population of 500,000 or more and is adjacent to two or more |
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| 15 | 13 | | counties each of which has a population of 50,000 or more, the judge |
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| 16 | 14 | | or magistrate may authorize, in the following order of priority, |
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| 17 | 15 | | the transportation of a person apprehended under this section to |
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| 18 | 16 | | the appropriate mental health facility by: |
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| 19 | 17 | | (1) a relative or other responsible person who has a |
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| 20 | 18 | | proper interest in the person's welfare and who receives no |
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| 21 | 19 | | remuneration, except for actual and necessary expenses; |
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| 22 | 20 | | (2) the facility administrator of the appropriate |
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| 23 | 21 | | mental health facility, unless the administrator notifies the judge |
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| 24 | 22 | | or magistrate that facility personnel are not available to |
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| 25 | 23 | | transport the patient; |
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| 26 | 24 | | (3) a representative of the local mental health |
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| 27 | 25 | | authority, who shall be reimbursed by the county; |
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| 28 | 26 | | (4) a special officer for mental health assignment |
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| 29 | 27 | | certified under Section 1701.404, Occupations Code, who shall be |
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| 30 | 28 | | reimbursed by the Department of State Health Services from money |
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| 31 | 29 | | appropriated for that purpose, or if money is not appropriated for |
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| 32 | 30 | | that purpose, as provided by Section 571.018; or |
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| 33 | 31 | | (5) the sheriff, a constable, or any on-duty peace |
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| 34 | 32 | | officer if no person is available under Subdivision (1), (2), (3), |
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| 35 | 33 | | or (4), who shall be reimbursed by the Department of State Health |
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| 36 | 34 | | Services from money appropriated for that purpose, or if money is |
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| 37 | 35 | | not appropriated for that purpose, as provided by Section 571.018. |
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| 38 | 36 | | (k) A person who under Subsection (j) is authorized by the |
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| 39 | 37 | | court to transport a person to a mental health facility may contract |
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| 40 | 38 | | with a person that is listed as a qualified transportation service |
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| 41 | 39 | | provider by the commissioners court of the county in which the court |
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| 42 | 40 | | is located to provide the transportation authorized by the court. |
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| 43 | 41 | | SECTION 2. Subchapter B, Chapter 573, Health and Safety |
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| 44 | 42 | | Code, is amended by adding Section 573.013 to read as follows: |
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| 45 | 43 | | Sec. 573.013. LIST OF QUALIFIED TRANSPORTATION SERVICE |
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| 46 | 44 | | PROVIDERS. The commissioners court of a county located on the |
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| 47 | 45 | | Texas-Mexico border that has a population of 500,000 or more and is |
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| 48 | 46 | | adjacent to two or more counties each of which has a population of |
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| 49 | 47 | | 50,000 or more by order shall: |
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| 50 | 48 | | (1) establish and maintain a list of qualified |
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| 51 | 49 | | transportation service providers with whom a person may contract in |
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| 52 | 50 | | accordance with Section 573.012; |
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| 53 | 51 | | (2) prescribe uniform standards that a person must |
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| 54 | 52 | | meet to be listed as a qualified transportation service provider; |
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| 55 | 53 | | (3) establish an application procedure for a person to |
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| 56 | 54 | | be included on the list, including an appropriate application fee |
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| 57 | 55 | | to be deposited in the county general fund; |
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| 58 | 56 | | (4) require officers and employees of the county to |
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| 59 | 57 | | contract with persons on the list, on a rotating basis, when the |
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| 60 | 58 | | officer or employee is authorized to provide transportation under |
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| 61 | 59 | | Section 573.012(j)(5); |
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| 62 | 60 | | (5) ensure that the list is made available to any |
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| 63 | 61 | | person authorized to provide transportation under Section 573.012; |
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| 64 | 62 | | and |
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| 65 | 63 | | (6) establish a procedure for a person to be removed |
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| 66 | 64 | | from the list not later than 30 days after the date the |
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| 67 | 65 | | commissioners court receives notice that the person chooses to be |
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| 68 | 66 | | removed. |
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| 69 | 67 | | SECTION 3. This Act takes effect September 1, 2017. |
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