Texas Code of Criminal Procedure - Article 46.04. Transportation To A Mental Health Facility Or Residential Care Facility

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Art. 46.04. TRANSPORTATION TO A MENTAL HEALTH FACILITY OR 
RESIDENTIAL CARE FACILITY.  

Persons Accompanying Transport
	Sec. 1. (a) A patient transported from a jail or detention 
facility to a mental health facility or a residential care facility 
shall be transported by a special officer for mental health 
assignment certified under Section 1701.404, Occupations Code, or 
by a sheriff or constable.
	(b)  The court ordering the transport shall require 
appropriate medical personnel to accompany the person transporting 
the patient, at the expense of the county from which the patient is 
transported, if there is reasonable cause to believe the patient 
will require medical assistance or will require the administration 
of medication during the transportation.
	(c)  A female patient must be accompanied by a female 
attendant.             

Requirements for Transport
	Sec. 2. The transportation of a patient from a jail or 
detention facility to a mental health facility or residential care 
facility must meet the following requirements:
	(1)  the patient must be transported directly to the facility 
within a reasonable amount of time and without undue delay;
	(2)  a vehicle used to transport the patient must be 
adequately heated in cold weather and adequately ventilated in warm 
weather;
	(3)  a special diet or other medical precautions recommended 
by the patient's physician must be followed;
	(4)  the person transporting the patient shall give the 
patient reasonable opportunities to get food and water and to use a 
bathroom;  and
	(5)  the patient may not be transported with a state 
prisoner.               

Added by Acts 1999, 76th Leg., ch. 1512, Sec. 6, eff. Sept. 1, 1999.  
Sec. 1(a) amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.736, 
eff. Sept. 1, 2001.

Last modified: August 10, 2007