BILL ANALYSIS



S.B. 572
By: Moncrief (Naishtat)
04-19-95
Committee Report (Unamended)


BACKGROUND

Currently, an application for a medication hearing cannot be filed
until after the court order for mental health services is granted,
which often results in a delay of a week or more before a doctor
can request a hearing to administer medication. Persons involved in
the process agree that having the ability to hold a medication
hearing and a commitment hearing on the same day would improve
patient care.

Responsibility for the court costs, transportation and court
jurisdiction when more than one county is involved in a mental
health court commitment is unclear, and some counties do not have
a county or district attorney who can represent the state in
medication hearings.  

PURPOSE

As proposed, S.B. 572 sets forth certain provisions for
court-ordered mental health services.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sec. 571.016, Health and Safety Code, to add the
requirement that the district attorney, criminal district attorney
or a court-appointed special prosecutor, and not just the district
attorney as required in current law, represent the state in a
hearing if the county has no county attorney, and unless otherwise
specified. Deletes the reference to court-ordered mental services
and refers instead to a hearing held under this subtitle.

SECTION 2. Adds Sec. 571.0166, entitled "PROCEEDINGS ON BEHALF OF
THE STATE," to Chapter 571, Health and Safety Code, requiring all
applications under this subtitle to be filed on behalf of the State
of Texas. Sets forth required language for the application.

SECTION 3. Amends Section 571.018, Health and Safety Code, as
follows:

     (a) Deletes the language requiring a county to pay for the
     costs of a hearing or proceeding if the application for court-ordered mental health services was transferred to it. Instead,
     a county is responsible for the cost if it initiates emergency
     detention procedures under Chapter 573A or 573B, if it accepts
     an application for court-ordered mental health services, if it
     issues an order for protective custody, or if it issues an
     order for temporary mental health services.

     (b) Adds the requirement that the county responsible for the
     costs of a hearing or proceeding under Subsection (a) must pay
     the costs of all subsequent hearings or proceedings for that
     person under this subtitle until the person is discharged from
     mental health services. Reletters the remaining subsections to
     reflect this addition.
SECTION 4. Amends Section 574.001, Health and Safety Code, as
follows:

     (d) Adds that an application may be transferred to the county
     in which the person is being detained under Subchapter B if
     the receiving county approves the transfer. Provides that a
     transfer under this subsection does not preclude the proposed
     patient from filing a motion to transfer under Subsection (c).

     (e) Created from existing text.

SECTION 5. Amends Section 574.008, Health and Safety Code, as
follows:

     (c) Adds a requirement for the county in which the proceedings
     originated to pay the expenses of transporting the patient
     back to the county for hearing proceedings if the patient is
     receiving temporary inpatient health services in another
     county, and the patient requires extended inpatient mental
     health services, unless special arrangements are made for a
     hearing, as specified in this subsection.

     (d)  Adds the stipulation that if a court orders outpatient
     services be provided outside the county initiating the order,
     the court must transfer the case to the appropriate court in
     the county providing services. The latter court will have
     continuing jurisdiction of the case, including the receipt of
     the general treatment program required by Section 574.037(b).

SECTION 6. Amends Section 574.102, Health and Safety Code, to
delete a provision that this subchapter applies only to a patient
who is receiving services in a mental health facility operated or
funded by the Department of Mental Health and Mental Retardation.

SECTION 7. Amends Section 574.104, Health and Safety Code, as
follows:

     Sec. 574.104. Amends title, changing "Petition" to
     "Application," and "Compel" to "Authorize." Conforming changes
     to reflect this are made throughout the rest of this bill.
 
     (a) Authorizes a physician who is treating a patient to file
     an application, on behalf of the state, in a probate court for
     an order to allow the administration of a psychoactive
     medication regardless of the patient's refusal if certain
     conditions apply, adding the condition of an application for
     court-ordered mental health services filed for the patient.

     (b) Stipulates that an application filed under this Section
     must state whether an application for court-ordered mental
     health services under Section 574.034 or 574.035 has been
     filed.

     (c) Changes "petition" to "application."

     (d) Prohibits a hearing on the application from being held
     later than 30 days after the filing of the application for the
     order to authorize psychoactive medication.  Authorizes the
     court to transfer the application to the county where the
     patient has been transferred. Deletes a requirement and a
     prohibition concerning a petition. 

     (e) Authorizes the court to grant one continuance on a party's
     motion subject to the added requirement that the hearing
     cannot be held later than 30 days after the filing of the
     application, subject to the requirement in Subsection (d).

SECTION 8. Amends Section 574.105, Health and Safety Code, to
change "petition" to "application."

SECTION 9. Amends Section 574.106, Health and Safety Code, as
follows:

     (a) Adds to the existing conditions the condition that the
     court may issue an order authorizing the administration of one
     or more classes of psychoactive medication if the court finds
     that the patient is under an order for temporary or extended
     mental health services under Section 574.034 or 574.035. Makes
     conforming lettering changes.

     (c) Adds "on the record" to the requirement that the hearing
     be conducted by the probate judge or judge with probate
     jurisdiction, except as provided by Subsection (d).

     (d) Adds authorization for the magistrate or master to
     effectuate the notice, set hearing dates, and appoint
     attorneys. Provides that a record is not required if the
     hearing is held by a magistrate or court-appointed master.

     (e) Adds the stipulation that a hearing de novo, if a party is
     entitled to one, is to be held within 30 days of the filing of
     the application for an order to authorize psychoactive
     medication. Adds "de novo" to the other reference to a
     hearing.

     (h) Changes "petition" to "application."

SECTION 10.    Amends Sections 571.107, 574.108, and 574.109,
Health and Safety Code, as follows:

     Sec. 574.107. COSTS. Adds a requirement that the costs for
     hearings must be paid in accordance with Sections 571.017 and
     571.018.

     Sec. 574.108. APPEAL. Created from existing text.

     Sec. 574.109. EFFECT OF ORDER. Renumbers existing section. 

     Sec. 574.110. Renumbers section and deletes Subsection (a),
     which requires the court to review an order annually. Amends
     the title to reflect this change. 

SECTION 11.    Emergency clause.
           Effective date: upon passage.

SUMMARY OF COMMITTEE ACTION

S.B. 572 was considered by the Public Health Committee in a public
hearing on April 19, 1995.
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
7 Ayes, 0 Nays, 0 PNV, 2 Absent.