BILL ANALYSIS


                                                        H.B. 2093
                                          By: Thompson (Whitmire)
                                                    Jurisprudence
                                                          5-10-95
                              Senate Committee Report (Unamended)
BACKGROUND

Mental health matters such as emergency detention for mental
illness and substance abuse are generally handled by courts with
probate jurisdiction.  

PURPOSE

As proposed, H.B. 2093 authorizes the judge or a court with probate
jurisdiction, in addition to a magistrate, to require that an
application for emergency detention of certain persons at risk of
harming themselves or others because of the effects of mental
illness be presented personally to the court or presented to
another judge or magistrate as soon as is practicable if the court
is not available at the time the application is presented.

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 462.043, Health and Safety Code, by
amending Subsection (a) and adding Subsection (f), as follows:

     (a) Authorizes the judge of a court with probate jurisdiction
     to provide that the application for emergency detention be
     presented personally to the court or retained by court staff
     and presented to another judge or magistrate if the judge of
     the court is not available at the time the application is
     presented, except as provided by Subsection (f).
     
     (f) Requires the presentation of an application to be jointly
     issued by all of the judges of all courts with probate
     jurisdiction in the county.
SECTION 2. Amends the heading to Chapter 573B, Health and Safety
Code, as follows:

   SUBCHAPTER B.  JUDGE'S OR MAGISTRATE'S ORDER FOR EMERGENCY APPREHENSION AND DETENTION

SECTION 3. Amends Section 573.012, Health and Safety Code, by
amending Subsection (a) and adding Subsection (g), to make
conforming changes.

SECTION 4. Emergency clause.
           Effective date: upon passage.