BILL ANALYSIS


                                                        H.B. 1495
                                            By: Rodriguez (Madla)
                                        Health and Human Services
                                                         05-17-95
                              Senate Committee Report (Unamended)
BACKGROUND

Currently, if the case of a person for whom an application for
court-ordered mental health services has been filed is before a
judge or magistrate, it is not possible for any person other than
those under Sections 574.006(a) and (b), Health and Safety Code, to
obtain information regarding the time and place of the hearing on
the application, or the name, telephone number, and address of any
attorneys representing the state or the individual.  As a result,
persons who could provide pertinent evidence regarding the case may
not be present to provide testimony.

PURPOSE

As proposed, H.B. 1495 establishes rights for certain persons who
have evidence to present upon any material issue regarding a person
for whom an application for court-ordered mental health services
has been filed to obtain information concerning a hearing on the
application.

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. Amends Section 574.006, Health and Safety Code, by
adding Subsection (d), to require the notice of the time and place
of any hearing on the application of a person for whom an
application for court-ordered mental health services has been
filed, and of the name, telephone number, and address of any
attorneys known or believed to represent the state or the proposed
patient to be furnished to any person stating that person has
evidence to present upon any material issue.  Prohibits the notice
from including any other information whatsoever.  Requires any
clerk, judge, magistrate, court coordinator, or other officer of
the court to provide such information and to be entitled to
judicial immunity in any civil suit seeking damages as a result of
providing such notice.  Authorizes the hearing, should such
evidence be offered at trial and the adverse party claim surprise,
to be continued under the provisions of Section 574.005, and
requires the person producing such evidence to be entitled to
timely notice of the date and time of such continuance.  Requires
any officer, employee, or agent of the Texas Department of Mental
Health and Mental Retardation (department) to refer any inquiring
person to the court authorized to provide the notice if such
information is in the possession of the department.  Requires the
notice to be provided in the form that is most understandable to
the person making such inquiry.

SECTION 2. Emergency clause.
           Effective date: upon passage.