Bill Text: TX HB3859 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to mental health assessment programs for certain municipal police and fire departments.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Introduced - Dead) 2019-04-24 - Committee report sent to Calendars [HB3859 Detail]
Download: Texas-2019-HB3859-Comm_Sub.html
| 86R14255 SCL-D | ||
| By: Johnson of Harris, Thompson of Harris, | H.B. No. 3859 | |
| Huberty, Reynolds, et al. | ||
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| relating to mental health assessment programs for certain municipal | ||
| police and fire departments. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 142, Local Government | ||
| Code, is amended by adding Section 142.015 to read as follows: | ||
| Sec. 142.015. MENTAL HEALTH ASSESSMENT PROGRAM FOR POLICE | ||
| AND FIRE DEPARTMENTS IN CERTAIN MUNICIPALITIES. (a) In this | ||
| section, "program" means a mental health assessment program | ||
| established under this section. | ||
| (b) This section applies only to a municipality with a | ||
| population of two million or more. | ||
| (c) Each municipal police and fire department shall | ||
| establish and operate a mental health assessment program in | ||
| accordance with this section to provide a mental health assessment | ||
| for police officers or firefighters involved in a critical | ||
| incident. | ||
| (d) A municipal police or fire department shall require a | ||
| police officer or firefighter involved in a critical incident to | ||
| participate in the program and receive a mental health assessment | ||
| in accordance with this section not later than the 10th day after | ||
| the date of the critical incident. The department shall adopt a | ||
| written policy defining a critical incident that includes: | ||
| (1) the discharge of a weapon that results in the death | ||
| or serious injury of an individual; and | ||
| (2) witnessing the death or serious injury of a police | ||
| officer or firefighter while in the line of duty. | ||
| (e) The program must provide a mental health assessment that | ||
| is: | ||
| (1) conducted by a licensed psychologist, licensed | ||
| master social worker, or another licensed mental health care | ||
| professional determined appropriate by the municipal police or fire | ||
| department; and | ||
| (2) evidence-based and includes a suicidal ideation | ||
| evaluation. | ||
| (f) A municipal police or fire department may not terminate | ||
| or retaliate against a police officer or firefighter for | ||
| participating in the program. | ||
| (g) A mental health assessment provided under the program is | ||
| confidential in accordance with Section 611.002, Health and Safety | ||
| Code. A municipal police or fire department shall adopt a written | ||
| policy that ensures a disclosure authorized by Section | ||
| 611.004(a)(2), Health and Safety Code, does not result in the | ||
| termination of or retaliation against the police officer or | ||
| firefighter who is the subject of the disclosure. A mental health | ||
| professional conducting the mental health assessment may notify the | ||
| department of a scheduled assessment and the completion of the | ||
| assessment for purposes of ensuring program participation. | ||
| SECTION 2. 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, 2019. | ||
