BILL ANALYSIS



S.B. 96
By: Moncrief (Berlanga)
05-02-95
Committee Report (Unamended)


BACKGROUND

The 73rd Legislature established a hearing process for patients
committed to mental health facilities who refuse medication. 
Criminally committed patients were not specifically excluded from
the hearing process and, therefore, are entitled to a hearing.

PURPOSE

S.B. 96 would provide that criminally committed mental patients may
neither refuse medication nor be granted access to a hearing to
contest the administration of medication.

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 571.016, Health and Safety Code, as
follows:

     Sec. 571.016.  REPRESENTATION OF STATE.  Adds the
     qualification "unless specified otherwise" to the requirement
     that the county attorney, or the district attorney if the
     county has no county attorney, represent the state in a
     hearing under this subtitle. Deletes the specification that
     the hearing is "on court-ordered mental health services."
     
SECTION 2. Amends Section 574.104(a), Health and Safety Code, to
add "on behalf of the state" to the provision authorizing a
physician to petition a probate court, or a court with probate
jurisdiction for an order to administer psychoactive medication
regardless of the patient's refusal under certain circumstances.

SECTION 3. Amends Section 576.025(a), Health and Safety Code, as
follows:

     (a)  Prohibits the administration of a psychoactive medication
     to a patient receiving mental health services who refuses,
     rather than does not consent to, the administration. Adds
     Subdivision (5), setting forth exceptions to the prohibition,
     including if the patient is receiving court-ordered mental
     health services authorized by an order issued under Article
     46.02 or 46.03, Code of Criminal Procedure.
SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE ACTION

S.B. 96 was considered in a public hearing on May 2, 1995.

The following person testified neutrally on the bill:
     Karen Hale, representing Texas Dept. of Mental Health and
Mental Retardation.

The bill was reported favorably without amendment, and with the
recommendation that it do pass and be printed and sent to the
Committee on Local and Consent Calendars, by a record vote of 6
ayes, 0 nays, 0 PNV, and 3 absent.