| |
| |
| |
|
|
AN ACT
|
|
|
relating to the transportation of certain patients to a mental |
|
|
health facility. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 574.045(a) and (a-1), Health and Safety |
|
|
Code, are amended 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; |
|
|
(2) the facility administrator of the designated |
|
|
mental health facility, unless 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;
|
|
|
[(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; |
|
|
(4) [(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] |
|
|
(5) [(6)] the sheriff or constable; or |
|
|
(6) 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-1) A person who under Subsection (a)(1), (2), or (5) |
|
|
[(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 574.0456 to read as follows: |
|
|
Sec. 574.0456. TRANSPORTATION OF PATIENT TO ANOTHER |
|
|
STATE. A person may not transport a patient to a mental health |
|
|
facility in another state for court-ordered inpatient mental health |
|
|
services under this chapter unless transportation to that facility |
|
|
is authorized by a court order. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 978 was passed by the House on April |
|
|
18, 2013, by the following vote: Yeas 135, Nays 8, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 978 on May 21, 2013, by the following vote: Yeas 139, Nays 9, 2 |
|
|
present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 978 was passed by the Senate, with |
|
|
amendments, on May 17, 2013, by the following vote: Yeas 30, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |