89R5941 MZM-D     By: Goodwin H.B. No. 4861       A BILL TO BE ENTITLED   AN ACT   relating to mental health care and mental health assessment   programs for first responders.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subchapter A-1, Chapter 614,   Government Code, is amended to read as follows:   SUBCHAPTER A-1. PROVISIONS RELATING TO MENTAL HEALTH [LEAVE]          SECTION 2.  Subchapter A-1, Chapter 614, Government Code, is   amended by adding Sections 614.014 and 614.016 to read as follows:          Sec. 614.014.  DEFINITION. In this subchapter, "law   enforcement agency" means an agency of this state or an agency of a   political subdivision of this state authorized by law to employ   peace officers.          Sec. 614.016.  TERMINATION FOR SEEKING MENTAL HEALTH CARE   PROHIBITED. A law enforcement agency may not terminate the   employment of a peace officer solely because the peace officer has   sought or received mental health care.          SECTION 3.  Chapter 180, Local Government Code, is amended   by adding Section 180.011 to read as follows:          Sec. 180.011.  MENTAL HEALTH ASSESSMENT PROGRAM FOR FIRST   RESPONDERS IN POLITICAL SUBDIVISIONS.  (a)  In this section:                (1)  "Program" means a mental health assessment program   established under this section.                (2)  "First responder" means:                      (A)  a peace officer described by Article 2A.001,   Code of Criminal Procedure;                      (B)  an individual included as fire protection   personnel by Section 419.021, Government Code; and                      (C)  an individual included as emergency medical   services personnel by Section 773.003, Health and Safety Code.          (b)  Each political subdivision that employs first   responders shall establish and operate a mental health assessment   program in accordance with this section to provide a mental health   assessment for first responders involved in a critical incident.          (c)  A political subdivision that employs first responders   shall require a first responder 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 political subdivision 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 first   responder while in the line of duty.          (d)  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 political subdivision;   and                (2)  evidence-based and includes a suicidal ideation   evaluation.          (e)  A political subdivision that employs first responders   may not terminate or retaliate against a first responder for   participating in the program.          (f)  A mental health assessment provided under the program is   confidential in accordance with Section 611.002, Health and Safety   Code. A political subdivision that employs first responders 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 first responder 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 4.  Section 614.015(a)(1), Government Code, is   repealed.          SECTION 5.  Section 614.016, Government Code, as added by   this Act, applies to mental health care regardless of whether the   care was sought or received by a peace officer before, on, or after   the effective date of this Act.          SECTION 6.  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, 2025.