HBA-JRA H.B. 1797 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1797
By: Tillery
Public Health
7/22/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, an order of protective custody was necessary
to transfer a person admitted for emergency detention for a mental health
evaluation from the emergency facility to an appropriate hospital.
Obtaining an order of protective custody during nonbusiness hours can take
time and there may not always be a safe place to keep patients awaiting
transfer.  H.B. 1797 authorizes a county mental health facility to transfer
a person admitted for emergency detention to an appropriate hospital
without obtaining an order of protective custody. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 573.022, Health and Safety Code, to authorize a
county mental health facility that has admitted a person for emergency
detention under this section (Emergency Admission and Detention) to
transport the person to a facility of the single portal authority for the
area, an appropriate inpatient mental health facility if no single portal
authority serves the area, or a facility deemed suitable by the county's
mental health authority if no single portal authority serves the area and
an appropriate inpatient mental health facility is not available.  Makes a
conforming change. 

SECTION 2.Emergency clause.
  Effective date: upon passage.