By Naishtat H.B. No. 2745
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of in-patient and out-patient mental
1-3 health services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 574.034, Texas Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec.574.034. Order for Temporary Mental Health Services
1-8 (a) The judge (or jury) may determine that a proposed patient
1-9 requires court-ordered temporary mental health services as an
1-10 in-patient only if the judge or jury finds, from clear and
1-11 convincing evidence, that:
1-12 (1) the proposed patient is mentally ill; and
1-13 (2) as a result of that mental illness the proposed
1-14 patient:
1-15 (A) is likely to cause serious harm to himself; or
1-16 (B) is likely to cause serious harm to others;
1-17 (b) The judge (or jury) may determine that a proposed
1-18 patient requires court-ordered temporary mental health services as
1-19 an out-patient only if the judge or jury finds, from clear and
1-20 convincing evidence, that:
1-21 (1) the proposed patient is mentally ill; and
1-22 (2) as a result of that mental illness the proposed
1-23 patient will:
2-1 (A) if not treated, continue to suffer severe and
2-2 abnormal mental, emotional, or physical distress, and
2-3 (B) if not treated, will continue to experience
2-4 deterioration of his ability to function independently, and
2-5 (C) is unable to make a rational and informed decision
2-6 as to whether or not to submit to treatment.
2-7 (D) The mental illness is chronic in nature, and
2-8 (E) The proposed patient shows a likelihood to not
2-9 participate voluntarily in out-patient treatment services based on
2-10 the proposed patient's actions during the two (2) years prior to
2-11 the hearing.
2-12 (c) The judge or jury must specify which criterion
2-13 listed in Subsection (a)(2) forms the basis for the decision of the
2-14 necessity of in-patient treatment.
2-15 (d) To be clear and convincing under this section, the
2-16 evidence must include expert testimony and, unless waived, evidence
2-17 of a recent overt act or a continuing pattern of behavior that
2-18 tends to confirm the likelihood of serious harm to the proposed
2-19 patient or others or the proposed patient's distress and the
2-20 deterioration of ability to function.
2-21 (e) The proposed patient or the proposed patient's
2-22 attorney, by a written document filed with the court, may waive the
2-23 right to cross-examine witnesses, and, if that right is waived, the
2-24 court may admit, as evidence, the certificates of medical
2-25 examination for mental illness. The certificates admitted under
3-1 this subsection constitute competent medical or psychiatric
3-2 testimony, and the court may make its findings solely from the
3-3 certificates. If the person and his attorney do not waive in
3-4 writing the right to cross-examine witnesses, the court shall
3-5 proceed to hear testimony. The testimony must include competent
3-6 medical or psychiatric testimony. In addition, the court may
3-7 consider the testimony of a nonphysician mental health professional
3-8 as provided by section 547.031.
3-9 (f) An order for temporary mental health services
3-10 shall state that treatment is authorized for not longer than 90
3-11 days. The order may not specify a shorter period.
3-12 (g) A judge may not issue an order for temporary
3-13 mental health services for a proposed patient who is charged with a
3-14 criminal offense.
3-15 (h) If extremely hazardous weather conditions exist or
3-16 a disaster occurs, the judge of a court having jurisdiction of a
3-17 proceeding under the chapter or a magistrate appointed by the judge
3-18 may by written order made each day extend the period during which
3-19 the person may be detained under this chapter until 4 p.m. on the
3-20 first succeeding business day. The written order must declare that
3-21 an emergency exists because of the weather or the occurrence of a
3-22 disaster. This subsection does not apply to a situation for which
3-23 a specific procedure is prescribed by this code for extending the
3-24 detention period because of extremely hazardous weather conditions
3-25 or the occurrence of a disaster.
4-1 SECTION 2. Section 574.035, Texas Health and Safety Code, is
4-2 amended to read as follows:
4-3 Sec. 574.035. Order for Extended Mental Health Services (a) The
4-4 (jury, or the) judge (if the right to a jury is waived,) may
4-5 determine that a proposed patient requires court-ordered extended
4-6 mental health services as an in-patient only if the jury or the
4-7 judge, if the right to a jury is waived, finds, from clear and
4-8 convincing evidence, that:
4-9 (1) the proposed patient is mentally ill; and
4-10 (2) as a result of that mental illness the proposed
4-11 patient:
4-12 (A) is likely to cause serious harm to himself;
4-13 (B) is likely to cause serious harm to others; or
4-14 (b) The judge (or jury) may determine that a proposed
4-15 patient requires court-ordered extended mental health services as
4-16 an out-patient only if the jury or the judge, if the right to a
4-17 jury is waived,(or jury) finds, from clear and convincing evidence,
4-18 that:
4-19 (1) the proposed patient is mentally ill; and
4-20 (2) as a result of that mental illness the proposed
4-21 patient will:
4-22 (a) if not treated, continue to suffer severe and
4-23 abnormal mental, emotional, or physical distress, and
4-24 (b) if not treated, will continue to experience
4-25 deterioration of his ability to function independently, and
5-1 (c) is unable to make a rational and informed decision
5-2 as to whether or not to submit to treatment;
5-3 (d) if not treated, the proposed patient's condition
5-4 is expected to continue for more than 90 days; and
5-5 (e) the mental illness is chronic in nature, and
5-6 (f) the proposed patient has shown a likelihood to not
5-7 participate voluntarily in out-patient treatment services based on
5-8 the proposed patient's actions during the two (2) years prior to
5-9 the hearing.
5-10 (g) the proposed patient has received court-ordered
5-11 inpatient mental health services under this subtitle or under
5-12 Section 5, Article 46.02, Code of Criminal Procedure, for at least
5-13 60 consecutive days during the preceding 12 months.
5-14 (h) The jury or judge must specify which criterion
5-15 listed in Subsection (a)(2) forms the basis for the decision.
5-16 (i) The jury or judge is not required to make the
5-17 finding under Subsection (a)(4) if the proposed patient has already
5-18 been subject to an order for extended mental health services.
5-19 (j) To be clear and convincing under this section, the
5-20 evidence must include expert testimony and evidence of a recent
5-21 overt act or a continuing pattern of behavior that tends to confirm
5-22 the likelihood of serious harm to the proposed patient or others or
5-23 the proposed patient's distress and the deterioration of ability to
5-24 function.
5-25 (k) The court may not make its finds solely from the
6-1 certificates of medical examination for mental illness but shall
6-2 hear testimony. The court may not enter an order for extended
6-3 mental health services unless appropriate findings are made and are
6-4 supported by testimony taken at the hearing. The testimony must
6-5 include competent medical or psychiatric testimony.
6-6 (l) An order for extended mental health services shall
6-7 state that treatment is authorized for not longer than 12 months.
6-8 The order may not specify a shorter period.
6-9 (m) If extremely hazardous weather conditions exist or
6-10 a disaster occurs, the judge of a court having jurisdiction of a
6-11 proceeding under this chapter or a magistrate appointed by the
6-12 judge may by written order made each day extend the period during
6-13 which the person may be detained under this chapter until 4 p.m. on
6-14 the first succeeding business day. The written order must declare
6-15 that an emergency exists because of the weather or the occurrence
6-16 of a disaster. This subsection does not apply to a situation for
6-17 which a specific procedure is prescribed by this code for extending
6-18 the detention period because of extremely hazardous weather
6-19 conditions or the occurrence of a disaster.
6-20 (n) A judge may not issue an order for extended mental
6-21 health services for a proposed patient who is charged with a
6-22 criminal offense.
6-23 SECTION 3. Section 574.036, Texas Health and Safety Code, is
6-24 amended to read as follows:
6-25 Sec. 574.036. Order of Care or Commitment (a) The
7-1 judge shall dismiss the jury, if any, after a hearing in which a
7-2 person is found to be mentally ill and to meet the criteria for
7-3 court-ordered temporary or extended mental health services.
7-4 (b) The judge may hear additional evidence relating to
7-5 alternative settings for care before entering an order relating to
7-6 the setting for the care the person will receive.
7-7 (c) The judge shall consider in determining the
7-8 setting for care the recommendation for the most appropriate
7-9 treatment alternative filed under Section 574.012.
7-10 (d) The judge shall order the mental health services
7-11 provided in the least restrictive appropriate setting available.
7-12 (e) The judge may enter an order:
7-13 (1) committing the person to a mental health facility
7-14 for inpatient care if the criteria under Section 574.034(a) or
7-15 Section 574.035(a) have been found by the trier of fact; or
7-16 (2) requiring the person to participate in other
7-17 mental health services, including community center programs and
7-18 services provided by a private psychiatrist or psychologist if the
7-19 criteria under Section 574.034(b) or 574.035(b) have been found by
7-20 the trier of fact.
7-21 SECTION 4. The importance of this legislation and the
7-22 crowded condition of the calendars in both houses create an
7-23 emergency and an imperative public necessity that the
7-24 constitutional rule requiring bills to be read on three several
7-25 days in each house be suspended, and this rule is hereby suspended.