Bill Text: TX HB167 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the transportation of certain mental health patients.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB167 Detail]
Download: Texas-2011-HB167-Enrolled.html
H.B. No. 167 |
|
||
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 [ |
||
|
||
|
||
|
||
(2) the facility administrator of the designated | ||
mental health facility, unless [ |
||
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; | ||
(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) [ |
||
|
||
(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 |