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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 86(R)

Senate Bill 362

Senate Author:  Huffman et al.

Effective:  9-1-19

House Sponsor:  Price


            Senate Bill 362 amends the Civil Practice and Remedies Code, Family Code, Government Code, Health and Safety Code, and Human Resources Code to revise provisions relating to court‑ordered mental health services. Among other provisions, the bill requires judicial training relating to such services to be provided annually, sets out provisions relating to testimony in a hearing for temporary and extended inpatient or outpatient mental health services, and separates the standards for an order for outpatient services from the standards for an order for inpatient services. The bill makes certain revisions to the procedures for modifying an order for inpatient treatment to require the patient to participate in outpatient mental health services.

            Senate Bill 362 revises provisions governing continuing care plans for a patient scheduled to be furloughed or discharged, including by requiring local mental health authorities to be informed of and participate in the planning and discharge of applicable patients and requiring plans to address the need for outpatient mental health services. The bill sets out provisions relating to the provision of psychoactive medication for patients on furlough or discharge.

            Senate Bill 362 amends the Code of Criminal Procedure to provide for the release on bail, provision of court‑ordered outpatient mental health services, and dismissal of charges for certain eligible criminal defendants who have a mental illness or an intellectual disability.

Senate Bill 362 requires the Texas Supreme Court to adopt rules or implement other measures, as applicable, to streamline and promote the efficiency of court processes for mental health issues and to create consistency and increase access to the judicial branch for mental health issues.  

            Implementation of a provision of this bill by the Health and Human Services Commission is mandatory only if a specific appropriation is made for that purpose.