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.