73R4822 CBH-D
          By Rodriguez                                          H.B. No. 1596
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to payment of costs relating to a mental health proceeding
    1-3  under the Texas Mental Health Code.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 571.018, Health and Safety Code, is
    1-6  amended by adding Subsection (h) to read as follows:
    1-7        (h)  The county may not require a person other than the
    1-8  patient to pay any costs associated with a hearing or proceeding
    1-9  under this subtitle, including a filing fee or other court costs
   1-10  imposed under Chapter 118, Local Government Code, Chapter 51,
   1-11  Government Code, or other law, unless the county first determines
   1-12  that:
   1-13              (1)  the costs relate to services provided or to be
   1-14  provided in a private mental hospital; or
   1-15              (2)  the person charged with the costs is a person or
   1-16  estate liable for the patient's support in a department mental
   1-17  health facility.
   1-18        SECTION 2.  Section 118.055(c), Local Government Code, is
   1-19  amended to read as follows:
   1-20        (c)  The fee for an action involving mental health or
   1-21  chemical dependency services is for the services listed in Sections
   1-22  571.016, 571.017, 571.018, and 574.008(c), Health and Safety Code,
   1-23  or services under Subchapter C or D, Chapter 462, Health and Safety
   1-24  Code.  The fees shall be paid by the person executing the
    2-1  application for mental health or chemical dependency services and
    2-2  are due at the time the application is filed if <when> the services
    2-3  requested relate to services provided or to be provided in <are to>
    2-4  a private facility.  If the services requested relate to services
    2-5  provided or to be provided in a mental health facility of the Texas
    2-6  Department of Mental Health and Mental Retardation or the federal
    2-7  government, the county clerk may collect the fees only in
    2-8  accordance with Section 571.018(h), Health and Safety Code.
    2-9        SECTION 3.  This Act applies to costs that become payable on
   2-10  or after the effective date of this Act.  Costs that become payable
   2-11  before the effective date of this Act are governed by the law in
   2-12  effect when the costs became payable, and that law is continued in
   2-13  effect for that purpose.
   2-14        SECTION 4.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency and an imperative public necessity that the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended,
   2-19  and that this Act take effect and be in force from and after its
   2-20  passage, and it is so enacted.