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
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   2-15  Name:  Mary E. Dees                              x
   2-16  Representing:  Mental Health Asso of Tx
   2-17  City:  Austin
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   2-19  Name:  Chris Lopez                                             x
   2-20  Representing:  Tx Dpt MHMR
   2-21  City:  Austin
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   2-23  Name:  Aaryce Hayes                              x
   2-24  Representing:  Advocacy, Inc.
   2-25  City:  Austin
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