| 4 | 3 | | |
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| 5 | 4 | | |
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| 6 | 5 | | A BILL TO BE ENTITLED |
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| 7 | 6 | | AN ACT |
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| 8 | 7 | | relating to mental health assessment programs for certain municipal |
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| 9 | 8 | | police and fire departments. |
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| 10 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 10 | | SECTION 1. Subchapter A, Chapter 142, Local Government |
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| 12 | 11 | | Code, is amended by adding Section 142.015 to read as follows: |
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| 13 | 12 | | Sec. 142.015. MENTAL HEALTH ASSESSMENT PROGRAM FOR POLICE |
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| 14 | 13 | | AND FIRE DEPARTMENTS IN CERTAIN MUNICIPALITIES. (a) In this |
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| 15 | 14 | | section, "program" means a mental health assessment program |
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| 16 | 15 | | established under this section. |
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| 17 | 16 | | (b) This section applies only to a municipality with a |
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| 18 | 17 | | population of two million or more. |
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| 19 | 18 | | (c) Each municipal police and fire department shall |
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| 20 | 19 | | establish and operate a mental health assessment program in |
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| 21 | 20 | | accordance with this section to provide a mental health assessment |
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| 22 | 21 | | for police officers or firefighters involved in a critical |
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| 23 | 22 | | incident. |
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| 24 | 23 | | (d) A municipal police or fire department shall require a |
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| 25 | 24 | | police officer or firefighter involved in a critical incident to |
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| 26 | 25 | | participate in the program and receive a mental health assessment |
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| 27 | 26 | | in accordance with this section not later than the 10th day after |
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| 28 | 27 | | the date of the critical incident. The department shall adopt a |
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| 29 | 28 | | written policy defining a critical incident that includes: |
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| 30 | 29 | | (1) the discharge of a weapon that results in the death |
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| 31 | 30 | | or serious injury of an individual; and |
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| 32 | 31 | | (2) witnessing the death or serious injury of a police |
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| 33 | 32 | | officer or firefighter while in the line of duty. |
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| 34 | 33 | | (e) The program must provide a mental health assessment that |
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| 35 | 34 | | is: |
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| 36 | 35 | | (1) conducted by a licensed psychologist, licensed |
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| 37 | 36 | | master social worker, or another licensed mental health care |
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| 38 | 37 | | professional determined appropriate by the municipal police or fire |
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| 39 | 38 | | department; and |
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| 40 | 39 | | (2) evidence-based and includes a suicidal ideation |
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| 41 | 40 | | evaluation. |
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| 42 | 41 | | (f) A municipal police or fire department may not terminate |
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| 43 | 42 | | or retaliate against a police officer or firefighter for |
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| 44 | 43 | | participating in the program. |
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| 45 | 44 | | (g) A mental health assessment provided under the program is |
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| 46 | 45 | | confidential in accordance with Section 611.002, Health and Safety |
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| 47 | 46 | | Code. A municipal police or fire department shall adopt a written |
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| 48 | 47 | | policy that ensures a disclosure authorized by Section |
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| 49 | 48 | | 611.004(a)(2), Health and Safety Code, does not result in the |
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| 50 | 49 | | termination of or retaliation against the police officer or |
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| 51 | 50 | | firefighter who is the subject of the disclosure. A mental health |
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| 52 | 51 | | professional conducting the mental health assessment may notify the |
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| 53 | 52 | | department of a scheduled assessment and the completion of the |
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| 54 | 53 | | assessment for purposes of ensuring program participation. |
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| 55 | 54 | | SECTION 2. This Act takes effect immediately if it receives |
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| 56 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 57 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 58 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 59 | 58 | | Act takes effect September 1, 2019. |
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