Bill Text: TX HB978 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the transportation of certain patients to a mental health facility.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB978 Detail]

Download: Texas-2013-HB978-Enrolled.html

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H.B. No. 978

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