S.B. No. 344

	AN ACT
	relating to the authority of emergency medical services personnel
	of certain emergency medical services providers to transport a
	person for emergency detention.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 573, Health and Safety
	Code, is amended by adding Section 573.0001 to read as follows:
	Sec. 573.0001.  DEFINITIONS. In this chapter:
	(1)  "Emergency medical services personnel" and
	"emergency medical services provider" have the meanings assigned by
	Section 773.003.
	(2)  "Law enforcement agency" has the meaning assigned
	by Article 59.01, Code of Criminal Procedure.
	SECTION 2.  Section 573.001(d), Health and Safety Code, is
	amended to read as follows:
	(d)  A peace officer who takes a person into custody under
	Subsection (a) shall immediately:
	(1)  transport the apprehended person to:
	(A) [(1)]  the nearest appropriate inpatient
	mental health facility; or
	(B) [(2)]  a mental health facility deemed
	suitable by the local mental health authority, if an appropriate
	inpatient mental health facility is not available; or
	(2)  transfer the apprehended person to emergency
	medical services personnel of an emergency medical services
	provider in accordance with a memorandum of understanding executed
	under Section 573.005 for transport to a facility described by
	Subdivision (1)(A) or (B).
	SECTION 3.  Sections 573.002(a), (d), and (e), Health and
	Safety Code, are amended to read as follows:
	(a)  A peace officer shall immediately file with a facility a
	notification of detention after transporting a person to that
	facility in accordance with Section 573.001. Emergency medical
	services personnel of an emergency medical services provider who
	transport a person to a facility at the request of a peace officer
	made in accordance with a memorandum of understanding executed
	under Section 573.005 shall immediately file with the facility the
	notification of detention completed by the peace officer who made
	the request.
	(d)  The peace officer shall provide [give] the notification
	of detention on the following form:
	Notification--Emergency Detention        NO. ____________________
	DATE:_______________ TIME:_______________
	THE STATE OF TEXAS
	FOR THE BEST INTEREST AND PROTECTION OF:
	______________________________________
	NOTIFICATION OF EMERGENCY DETENTION
	Now comes _____________________________, a peace officer with
	(name of agency) _____________________________, of the State of
	Texas, and states as follows:
	1.  I have reason to believe and do believe that (name of person to
	be detained) __________________________ evidences mental illness.
	2.  I have reason to believe and do believe that the above-named
	person evidences a substantial risk of serious harm to
	himself/herself or others based upon the following:
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	3.  I have reason to believe and do believe that the above risk of
	harm is imminent unless the above-named person is immediately
	restrained.
	4.  My beliefs are based upon the following recent behavior, overt
	acts, attempts, statements, or threats observed by me or reliably
	reported to me:
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	5.  The names, addresses, and relationship to the above-named
	person of those persons who reported or observed recent behavior,
	acts, attempts, statements, or threats of the above-named person
	are (if applicable):
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	For the above reasons, I present this notification to seek
	temporary admission to the (name of facility)
	_________________________ inpatient mental health facility or
	hospital facility for the detention of (name of person to be
	detained) __________________________ on an emergency basis.
	6.  Was the person restrained in any way? Yes □ No □
	_________________________         BADGE NO. _____________________
	PEACE OFFICER'S SIGNATURE
	Address: _________________________ Zip Code: ____________________
	Telephone: ______________________
	_________________________
	SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable)
	Address: _________________________ Zip Code: ____________________
	Telephone: ______________________
	A mental health facility or hospital emergency department may not
	require a peace officer or emergency medical services personnel to
	execute any form other than this form as a predicate to accepting
	for temporary admission a person detained by a peace officer under
	Section 573.001, [Texas] Health and Safety Code, and transported by
	the officer under that section or by emergency medical services
	personnel of an emergency medical services provider at the request
	of the officer made in accordance with a memorandum of
	understanding executed under Section 573.005, Health and Safety
	Code.
	(e)  A mental health facility or hospital emergency
	department may not require a peace officer or emergency medical
	services personnel to execute any form other than the form provided
	by Subsection (d) as a predicate to accepting for temporary
	admission a person detained by a peace officer under Section
	573.001 and transported by the officer under that section or by
	emergency medical services personnel of an emergency medical
	services provider at the request of the officer made in accordance
	with a memorandum of understanding executed under Section 573.005.
	SECTION 4.  Subchapter A, Chapter 573, Health and Safety
	Code, is amended by adding Section 573.005 to read as follows:
	Sec. 573.005.  TRANSPORTATION FOR EMERGENCY DETENTION BY
	EMERGENCY MEDICAL SERVICES PROVIDER; MEMORANDUM OF UNDERSTANDING.
	(a)  A law enforcement agency and an emergency medical services
	provider may execute a memorandum of understanding under which
	emergency medical services personnel employed by the provider may
	transport a person taken into custody under Section 573.001 by a
	peace officer employed by the law enforcement agency.
	(b)  A memorandum of understanding must:
	(1)  address responsibility for the cost of
	transporting the person taken into custody; and
	(2)  be approved by the county in which the law
	enforcement agency is located and the local mental health authority
	that provides services in that county with respect to provisions of
	the memorandum that address the responsibility for the cost of
	transporting the person.
	(c)  A peace officer may request that emergency medical
	services personnel transport a person taken into custody by the
	officer under Section 573.001 only if:
	(1)  the law enforcement agency that employs the
	officer and the emergency medical services provider that employs
	the personnel have executed a memorandum of understanding under
	this section; and
	(2)  the officer determines that transferring the
	person for transport is safe for both the person and the personnel.
	(d)  Emergency medical services personnel may, at the
	request of a peace officer, transport a person taken into custody by
	the officer under Section 573.001 to the appropriate facility, as
	provided by that section, if the law enforcement agency that
	employs the officer and the emergency medical services provider
	that employs the personnel have executed a memorandum of
	understanding under this section.
	(e)  A peace officer who transfers a person to emergency
	medical services personnel under a memorandum of understanding
	executed under this section for transport to the appropriate
	facility must provide:
	(1)  to the person the notice described by Section
	573.001(g); and
	(2)  to the personnel a completed notification of
	detention about the person on the form provided by Section
	573.002(d).
	SECTION 5.  Section 573.021(a), Health and Safety Code, is
	amended to read as follows:
	(a)  A facility shall temporarily accept a person for whom an
	application for detention is filed or for whom a peace officer or
	emergency medical services personnel of an emergency medical
	services provider transporting the person in accordance with a
	memorandum of understanding executed under Section 573.005 files a
	notification of detention completed by the peace officer under
	Section 573.002(a).
	SECTION 6.  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, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 344 passed the Senate on
	April 19, 2017, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 344 passed the House on
	May 24, 2017, by the following vote:  Yeas 146, Nays 0, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor