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.