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A BILL TO BE ENTITLED
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AN ACT
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relating to certain notice and filing requirements in court |
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proceedings involving persons with mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 571.013, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 571.013. METHOD OF GIVING NOTICE. Except as otherwise |
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provided by this subtitle, notice required under this subtitle may |
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be given: |
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(1) by personal delivery of [delivering] a copy of the |
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notice or document by a constable or sheriff of the county; [in |
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person] or |
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(2) in another manner directed by the court that is |
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reasonably calculated to give actual notice. |
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SECTION 2. Section 571.014(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) A person may [initially] file a paper with the county |
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clerk by the use of reproduced, photocopied, or electronically |
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transmitted paper copies of [if the person files] the original |
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signed copies of the paper. A person who files a reproduced, |
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photocopied, or electronically transmitted paper must maintain |
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possession of the original signed copies of the paper and on request |
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shall make the original paper available for inspection by the |
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parties or the court [with the clerk not later than the 72nd hour |
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after the hour on which the initial filing is made. If the 72-hour |
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period ends on a Saturday, Sunday, or legal holiday, the filing |
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period is extended until 4 p.m. on the first succeeding business |
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day. If extremely hazardous weather conditions exist or a disaster |
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occurs, the presiding judge or magistrate may by written order made |
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each day extend the filing period until 4 p.m. on the first |
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succeeding business day. The written order must declare that an |
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emergency exists because of the weather or the occurrence of a |
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disaster. If a person detained under this subtitle would otherwise |
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be released because the original signed copy of a paper is not filed |
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within the 72-hour period but for the extension of the filing period |
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under this section, the person may be detained until the expiration |
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of the extended filing period. This subsection does not affect |
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another provision of this subtitle requiring the release or |
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discharge of a person]. |
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SECTION 3. Section 571.014(d), Health and Safety Code, is |
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repealed. |
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SECTION 4. This Act takes effect September 1, 2025. |