BILL ANALYSIS



C.S.H.B. 1495
By: Rodriguez
04-04-95
Committee Report (Substituted)


BACKGROUND

Currently, if a proposed patient's case is before a judge or
magistrate, it is not possible for any person, other than those
prescribed in Subsections (a) and (b) of Section 574.006, Health
and Safety Code, to obtain information regarding the time and place
set for the hearing of the proposed patient, or the name, telephone
number, and address of any attorneys representing the state or the
individual.

Consequently, persons who could provide pertinent evidence
regarding the case would not be present to provide testimony. Many
times, such evidence could be imperative in determining a fair and
just sentence or treatment. Also, such evidence could help
determine whether or not the individual is a possible threat or
danger to himself or others.

PURPOSE

H.B. 1495 would establish rights for certain persons to obtain
information concerning a hearing for court-ordered mental services.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Adds Subsection (d) to Sec. 574.006, Health and Safety
Code, as follows:

     (d) Requires a notice of the time and place of any hearing and
of the name, telephone number and address of the representing
attorneys to be furnished to a person with any evidence to present
on any issue. Requires that the notice not include the application,
medical records, names or addresses of other potential witnesses,
or any other information. Requires any judge, magistrate, clerk,
court coordinator or other officer of the court to provide this
information and requires that these people are entitled to judicial
immunity in any civil suit resulting from the notice. Allows the
hearing to be continued under the provisions of Sec. 574.005,
Health and Safety Code, if this evidence is offered at trial and
the adverse party claims surprise, and requires the person
producing the evidence to timely notice of the date and time of the
continued hearing. Requires any officer, employee or agent of the
Texas Department of Mental Health and Mental Retardation to refer
anyone inquiring about the notice to the court authorized to
provide it. Requires the notice, if the information is in the
possession of the department, to be provided in the most
understandable form for the person inquiring.

SECTION 2. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 of the original bill is amended by the substitute (on
page 2, line 1).  The new language qualifies that the information
will be provided as long as the department has the information in
its possession.
SUMMARY OF COMMITTEE ACTION

H.B. 1495 was considered by the committee on April 4, 1995. The
committee considered a complete substitute to the bill. The
substitute was adopted without objection.

The following person testified in favor of the bill:
Patsy Cheyney, representing self and San Antonio Alliance for the
Mentally Ill.

The following person testified against the bill:
Deborah C. Hiser, representing Advocacy Incorporated.

The following person testified neutrally on the bill:
Karen Hale, representing Texas Department of Health.

The bill was left pending in committee. The Chair brought H.B. 1495
up from the table later during the public hearing on April 4, 1995,
and noted for the record that Deborah C. Hiser changed her
testimony in favor of the bill as substituted.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
6 Ayes, 0 Nays, 0 PNV, and 3 Absent.