HB 4861

relating to mental health care and mental health assessment
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
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.
(A)  a peace officer described by Article 2A.001,
(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
(1)  conducted by a licensed psychologist, licensed
master social worker, or another licensed mental health care
professional determined appropriate by the political subdivision;
(2)  evidence-based and includes a suicidal ideation
(e)  A political subdivision that employs first responders
may not terminate or retaliate against a first responder for
(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
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.