86R14255 SCL-D
By: Johnson of Harris, Thompson of Harris, H.B. No. 3859
Huberty, Reynolds, et al.
A BILL TO BE ENTITLED
AN ACT
relating to mental health assessment programs for certain municipal
police and fire departments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 142, Local Government
Code, is amended by adding Section 142.015 to read as follows:
Sec. 142.015. MENTAL HEALTH ASSESSMENT PROGRAM FOR POLICE
AND FIRE DEPARTMENTS IN CERTAIN MUNICIPALITIES. (a) In this
section, "program" means a mental health assessment program
established under this section.
(b) This section applies only to a municipality with a
population of two million or more.
(c) Each municipal police and fire department shall
establish and operate a mental health assessment program in
accordance with this section to provide a mental health assessment
for police officers or firefighters involved in a critical
incident.
(d) A municipal police or fire department shall require a
police officer or firefighter involved in a critical incident to
participate in the program and receive a mental health assessment
in accordance with this section not later than the 10th day after
the date of the critical incident. The department shall adopt a
written policy defining a critical incident that includes:
(1) the discharge of a weapon that results in the death
or serious injury of an individual; and
(2) witnessing the death or serious injury of a police
officer or firefighter while in the line of duty.
(e) The program must provide a mental health assessment that
is:
(1) conducted by a licensed psychologist, licensed
master social worker, or another licensed mental health care
professional determined appropriate by the municipal police or fire
department; and
(2) evidence-based and includes a suicidal ideation
evaluation.
(f) A municipal police or fire department may not terminate
or retaliate against a police officer or firefighter for
participating in the program.
(g) A mental health assessment provided under the program is
confidential in accordance with Section 611.002, Health and Safety
Code. A municipal police or fire department shall adopt a written
policy that ensures a disclosure authorized by Section
611.004(a)(2), Health and Safety Code, does not result in the
termination of or retaliation against the police officer or
firefighter who is the subject of the disclosure. A mental health
professional conducting the mental health assessment may notify the
department of a scheduled assessment and the completion of the
assessment for purposes of ensuring program participation.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.