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A BILL TO BE ENTITLED
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AN ACT
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relating to the effect and disregard of declarations for mental |
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health treatment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 137.008(a) and (b), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(a) A physician or other health care provider may subject |
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the principal to mental health treatment in a manner contrary to the |
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principal's wishes as expressed in a declaration for mental health |
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treatment only after a judicial determination that the principal |
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was mentally incompetent at the time the principal executed the |
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declaration for mental health treatment[: |
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[(1) if the principal is under an order for temporary |
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or extended mental health services under Section 574.034 or |
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574.035, Health and Safety Code, and treatment is authorized in |
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compliance with Section 574.106, Health and Safety Code; or |
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[(2) in case of an emergency when the principal's |
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instructions have not been effective in reducing the severity of |
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the behavior that has caused the emergency]. |
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(b) A declaration for mental health treatment does not limit |
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any authority to arrest or prosecute a person for violation of a law |
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[provided by Chapter 573 or 574, Health and Safety Code: |
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[(1) to take a person into custody; or |
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[(2) to admit or retain a person in a mental health |
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treatment facility]. |
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SECTION 2. Section 137.008(c), Civil Practice and Remedies |
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Code, is repealed. |
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SECTION 3. This Act takes effect September 1, 2021. |