BILL ANALYSIS


                                                          S.B. 96
                                                     By: Moncrief
                                        Health and Human Services
                                                          3-23-95
                                     Committee Report (Unamended)

BACKGROUND

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

PURPOSE

As proposed, S.B. 96 provides that criminally committed mental
patients may neither refuse medication nor be granted access to a
hearing to contest the administration of medicine.

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.  Requires the county
     attorney, or the district attorney if the county has no county
     attorney, to represent the state in a hearing under this
     subtitle, unless specified otherwise.
     
SECTION 2. Amends Section 574.104(a), Health and Safety Code, to
authorize a physician to petition, on behalf of the state, 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. Sets
     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.
           Effective date:  90 days after adjournment.