By: Rodriguez H.B. No. 1596
73R4822 CBH-D
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.