1-1 By: Rodriguez (Senate Sponsor - Zaffirini) H.B. No. 1596
1-2 (In the Senate - Received from the House April 5, 1993;
1-3 May 4, 1993, read first time and referred to Committee on Health
1-4 and Human Services; May 4, 1993, reported favorably by the
1-5 following vote: Yeas 6, Nays 3; May 4, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Zaffirini x
1-9 Ellis x
1-10 Madla x
1-11 Moncrief x
1-12 Nelson x
1-13 Patterson x
1-14 Shelley x
1-15 Truan x
1-16 Wentworth x
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to payment of costs relating to a mental health proceeding
1-20 under the Texas Mental Health Code.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Section 571.018, Health and Safety Code, is
1-23 amended by adding Subsection (h) to read as follows:
1-24 (h) The county may not require a person other than the
1-25 patient to pay any costs associated with a hearing or proceeding
1-26 under this subtitle, including a filing fee or other court costs
1-27 imposed under Chapter 118, Local Government Code, Chapter 51,
1-28 Government Code, or other law, unless the county first determines
1-29 that:
1-30 (1) the costs relate to services provided or to be
1-31 provided in a private mental hospital; or
1-32 (2) the person charged with the costs is a person or
1-33 estate liable for the patient's support in a department mental
1-34 health facility.
1-35 SECTION 2. Section 118.055(c), Local Government Code, is
1-36 amended to read as follows:
1-37 (c) The fee for an action involving mental health or
1-38 chemical dependency services is for the services listed in Sections
1-39 571.016, 571.017, 571.018, and 574.008(c), Health and Safety Code,
1-40 or services under Subchapter C or D, Chapter 462, Health and Safety
1-41 Code. The fees shall be paid by the person executing the
1-42 application for mental health or chemical dependency services and
1-43 are due at the time the application is filed if <when> the services
1-44 requested relate to services provided or to be provided in <are to>
1-45 a private facility. If the services requested relate to services
1-46 provided or to be provided in a mental health facility of the Texas
1-47 Department of Mental Health and Mental Retardation or the federal
1-48 government, the county clerk may collect the fees only in
1-49 accordance with Section 571.018(h), Health and Safety Code.
1-50 SECTION 3. This Act applies to costs that become payable on
1-51 or after the effective date of this Act. Costs that become payable
1-52 before the effective date of this Act are governed by the law in
1-53 effect when the costs became payable, and that law is continued in
1-54 effect for that purpose.
1-55 SECTION 4. The importance of this legislation and the
1-56 crowded condition of the calendars in both houses create an
1-57 emergency and an imperative public necessity that the
1-58 constitutional rule requiring bills to be read on three several
1-59 days in each house be suspended, and this rule is hereby suspended,
1-60 and that this Act take effect and be in force from and after its
1-61 passage, and it is so enacted.
1-62 * * * * *
1-63 Austin,
1-64 Texas
1-65 May 4, 1993
1-66 Hon. Bob Bullock
1-67 President of the Senate
1-68 Sir:
2-1 We, your Committee on Health and Human Services to which was
2-2 referred H.B. No. 1596, have had the same under consideration, and
2-3 I am instructed to report it back to the Senate with the
2-4 recommendation that it do pass and be printed.
2-5 Ellis,
2-6 Vice-Chair
2-7 * * * * *
2-8 WITNESSES
2-9 FOR AGAINST ON
2-10 ___________________________________________________________________
2-11 Name: Charlotte Provencher x
2-12 Representing: Tx Alliance Mentally Ill
2-13 City: Austin
2-14 -------------------------------------------------------------------
2-15 Name: Mary E. Dees x
2-16 Representing: Mental Health Asso of Tx
2-17 City: Austin
2-18 -------------------------------------------------------------------
2-19 Name: Chris Lopez x
2-20 Representing: Tx Dpt MHMR
2-21 City: Austin
2-22 -------------------------------------------------------------------
2-23 Name: Aaryce Hayes x
2-24 Representing: Advocacy, Inc.
2-25 City: Austin
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