BILL ANALYSIS S.B. 572 By: Moncrief Jurisprudence 03-21-95 Committee Report (Unamended) BACKGROUND Responsibility is unclear for court costs, transportation and court jurisdiction when more than one county is involved in a mental health court commitment. Some counties have no county or district attorney who can represent the state in medication hearings. The application for the medication hearing currently cannot be filed until after the court order for mental health services is granted, often resulting in a week or more before a doctor can request a hearing to administer medication. Legislation passed during the 73rd Legislature, which established the medication hearing process inadvertently opened the hearing to criminal commitments. PURPOSE As proposed, S.B. 572 sets forth certain provisions of court-ordered mental health services. 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, to require the district attorney, criminal district attorney, or a court-appointed special prosecutor to represent the state in a hearing if the county has no county attorney. SECTION 2. Amends Chapter 571, Health and Safety Code, by adding Section 571.0166, as follows: Sec. 571.0166. PROCEEDINGS ON BEHALF OF THE STATE. Requires 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) Requires the costs for a hearing or proceeding under this subtitle to be paid by the county that initiates emergency detention procedures under Chapter 573A or 573B, or the county that issues an order for temporary mental health services, if no emergency detention procedures are initiated. (b) Requires the county responsible for the costs of a hearing or proceeding under Subsection (a) to pay the costs of all subsequent hearings or proceedings for that person under this subtitle until the person is discharged from mental health services. (c) Created from existing text. (d)-(i) Redesignate Subsections (c)-(h). SECTION 4. Amends Section 574.001, Health and Safety Code, as follows: (d) Authorizes an application to be transferred to the county in which the person is being detained under Subchapter B if the 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) Requires 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 a county other than the county that initiated the court-ordered inpatient mental health services and the patient requires extended inpatient mental health services. Makes conforming changes. (d) Requires the court to transfer the case to the appropriate court in the county in which the services are being provided if an order for outpatient services designates that such services be provided in a county other than the county in which the order was initiated. Requires the court to thereafter have exclusive, 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. SECTION 7. Amends Section 574.104, Health and Safety Code, as follows: Sec. 574.104. New heading: PHYSICIAN'S APPLICATION FOR ORDER TO AUTHORIZE PSYCHOACTIVE MEDICATION; DATE OF HEARING. (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 authorize the administration of a psychoactive medication regardless of the patient's refusal if an application for court-ordered mental health services has been filed for the patient. (b) Requires an application filed under this section to state whether an application for court-ordered mental health services under Section 574.034 or 574.035 has been filed. (c) Provides that an application filed under this section is separate from an application for court-ordered mental health services. (d) Provides that a hearing on the application is not to be 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 requirement in Subsection (d) that the hearing not be held later than 30 days after the filing of the application. SECTION 8. Amends Section 574.105, Health and Safety Code, to make conforming changes. SECTION 9. Amends Section 574.106, Health and Safety Code, as follows: (a) Authorizes the court to issue an order authorizing the administration of one or more classes of psychoactive medication only 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 changes. (c) Requires the hearing to be conducted on the record by the probate judge, except as provided by Subsection (d). (d) Authorizes 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) Requires the hearing de novo to be held within 30 days of the filing of the application for an order to authorize psychoactive medication. Makes a conforming change. (h) Makes a conforming change. SECTION 10. Amends Sections 571.107, 574.108, and 574.109, Health and Safety Code, as follows: Sec. 574.107. COSTS. Requires the costs for hearings to 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. Redesignates existing Section 574.108. Sec. 574.110. New heading: EXPIRATION OF ORDER. Redesignates Sec. 574.109. Deletes Subsection (a) requiring the court annually to review an order. SECTION 11. Emergency clause. Effective date: upon passage.