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.