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