H.B. No. 167
 
 
 
 
AN ACT
  relating to the transportation of certain mental health patients.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 574.045, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  The court may authorize, in the following order of
  priority, the transportation of a committed patient or a patient
  detained under Section 573.022 or 574.023 to the designated mental
  health facility by:
               (1)  a special officer for mental health assignment
  certified under Section 1701.404, Occupations Code [a relative or
  other responsible person who has a proper interest in the patient's
  welfare and who receives no remuneration, except for actual and
  necessary expenses];
               (2)  the facility administrator of the designated
  mental health facility, unless [if] the administrator notifies the
  court that facility personnel are not available to transport the
  patient;
               (3)  a relative or other responsible person who has a
  proper interest in the patient's welfare and who receives no
  remuneration, except for actual and necessary expenses [a special
  officer for mental health assignment certified under Section
  1701.404, Occupations Code];
               (4)  a representative of the local mental health
  authority, who shall be reimbursed by the county, unless the
  representative notifies the court that local mental health
  authority personnel are not qualified to ensure the safety of the
  patient during transport;
               (5)  a qualified transportation service provider
  selected from the list established and maintained as required by
  Section 574.0455 by the commissioners court of the county in which
  the court authorizing the transportation is located; or
               (6) [(5)]  the sheriff or constable[, if no person is
  available under Subdivision (1), (2), (3), or (4)].
         (a-1)  A person who under Subsection (a)(1), (2), or (6) is
  authorized by the court to transport a person to a mental health
  facility may contract with a qualified transportation service
  provider that is included on the list established and maintained as
  required by Section 574.0455 by the commissioners court of the
  county in which the court is located to provide the transportation
  authorized by the court.
         SECTION 2.  Subchapter D, Chapter 574, Health and Safety
  Code, is amended by adding Section 574.0455 to read as follows:
         Sec. 574.0455.  LIST OF QUALIFIED TRANSPORTATION SERVICE
  PROVIDERS.  (a)  The commissioners court of a county may:
               (1)  establish and maintain a list of qualified
  transportation service providers that a court may authorize or with
  whom a person may contract to transport a person to a mental health
  facility in accordance with Section 574.045;
               (2)  establish an application procedure for a person to
  be included on the list, including an appropriate application fee
  to be deposited in the county general fund;
               (3)  contract with qualified transportation service
  providers on terms acceptable to the county;
               (4)  allow officers and employees of the county to
  utilize persons on the list on a rotating basis if the officer or
  employee is authorized to provide transportation under Section
  574.045 and chooses to utilize a qualified transportation service
  provider in accordance with the terms of the contract approved by
  the commissioners court; and
               (5)  ensure that the list is made available to any
  person authorized to provide transportation under Section 574.045.
         (b)  The Department of State Health Services shall prescribe
  uniform standards:
               (1)  that a person must meet to be listed as a qualified
  transportation service provider under Subsection (a); and
               (2)  prescribing requirements relating to how the
  transportation of a person to a mental health facility by a
  qualified transportation service provider is provided.
         SECTION 3.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 167 was passed by the House on May 13,
  2011, by the following vote:  Yeas 143, Nays 1, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 167 on May 27, 2011, by the following vote:  Yeas 137, Nays 3, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 167 was passed by the Senate, with
  amendments, on May 25, 2011, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor