By Naishtat                                           H.B. No. 1426
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to court-ordered mental health services.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 571.016, Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        Sec. 571.016.  REPRESENTATION OF STATE.  Unless specified
    1-7  otherwise, in <In> a hearing <on court-ordered mental health
    1-8  services> held under this subtitle:
    1-9              (1)  the county attorney shall represent the state; or
   1-10              (2)  if the county has no county attorney, the district
   1-11  attorney, the criminal district attorney, or a court-appointed
   1-12  special prosecutor shall represent the state.
   1-13        SECTION 2.  Chapter 571, Health and Safety Code, is amended
   1-14  by adding Section 571.0166 to read as follows:
   1-15        Sec. 571.0166.  PROCEEDINGS ON BEHALF OF THE STATE. All
   1-16  applications under this subtitle shall be filed on behalf of the
   1-17  State of Texas and styled "The State of Texas for the Best Interest
   1-18  and Protection of (NAME) the (patient or proposed patient)."
   1-19        SECTION 3.  Section 571.018, Health and Safety Code, is
   1-20  amended to read as follows:
   1-21        Sec. 571.018.  COSTS.  (a)  The costs for a hearing or
   1-22  proceeding under this subtitle shall be paid by <A county shall pay
   1-23  the costs for a hearing or proceeding under this subtitle if the
    2-1  county>:
    2-2              (1)  the county that initiates emergency detention
    2-3  procedures under Subchapter A or B, Chapter 573; or
    2-4              (2)  if no emergency detention procedures are
    2-5  initiated, the county that <has an application for court-ordered
    2-6  mental health services transferred to it under Section 574.008(b);
    2-7  or>
    2-8              <(3)>  accepts an application for court-ordered mental
    2-9  health services, <and> issues an order for protective custody, or
   2-10  issues an order for temporary mental health services.
   2-11        (b)  The county responsible for the costs of a hearing or
   2-12  proceeding under Subsection (a) shall pay the costs of all
   2-13  subsequent hearings or proceedings for that person under this
   2-14  subtitle until the person is discharged from mental health
   2-15  services.
   2-16        (c)  Costs under this section include:
   2-17              (1)  attorney's fees;
   2-18              (2)  physician examination fees;
   2-19              (3)  compensation for court-appointed personnel listed
   2-20  under Section 571.017; and
   2-21              (4)  expenses of transportation to a department mental
   2-22  health facility or to a federal agency.
   2-23        (d) <(c)>  A county is entitled to reimbursement for costs
   2-24  actually paid by the county from:
   2-25              (1)  the patient; or
    3-1              (2)  a person or estate liable for the patient's
    3-2  support in a department mental health facility.
    3-3        (e) <(d)>  The state shall pay the cost of transporting a
    3-4  discharged or furloughed patient to the patient's home or of
    3-5  returning a patient absent without authority unless the patient or
    3-6  someone responsible for the patient is able to pay the costs.
    3-7        (f) <(e)>  A proposed patient's county of residence shall pay
    3-8  the court-approved expenses incurred under Section 574.010 if
    3-9  ordered by the court under that section.
   3-10        (g) <(f)>  A judge who holds hearings at locations other than
   3-11  the county courthouse is entitled to additional compensation as
   3-12  provided by Sections 574.031(h) and (i).
   3-13        (h) <(g)>  The state or a county may not pay any costs for a
   3-14  patient committed to a private mental hospital unless:
   3-15              (1)  a public facility is not available; and
   3-16              (2)  the commissioners court of the county authorizes
   3-17  the payment, if appropriate.
   3-18        (i) <(h)>  The county may not require a person other than the
   3-19  patient to pay any costs associated with a hearing or proceeding
   3-20  under this subtitle, including a filing fee or other court costs
   3-21  imposed under Chapter 118, Local Government Code, Chapter 51,
   3-22  Government Code, or other law, unless the county first determines
   3-23  that:
   3-24              (1)  the costs relate to services provided or to be
   3-25  provided in a private mental hospital; or
    4-1              (2)  the person charged with the costs is a person or
    4-2  estate liable for the patient's support in a department mental
    4-3  health facility.
    4-4        SECTION 4.  Section 574.001, Health and Safety Code, is
    4-5  amended to read as follows:
    4-6        Sec. 574.001.  Application for Court-Ordered Mental Health
    4-7  Services.  (a)  A county or district attorney or other adult may
    4-8  file a sworn written application for court-ordered mental health
    4-9  services.  Only the district or county attorney may file an
   4-10  application that is not accompanied by a certificate of medical
   4-11  examination.
   4-12        (b)  The application must be filed with the county clerk in
   4-13  the county in which the proposed patient:
   4-14              (1)  resides;
   4-15              (2)  is found; or
   4-16              (3)  is receiving mental health services by court order
   4-17  or under Subchapter A, Chapter 573.
   4-18        (c)  If the application is not filed in the county in which
   4-19  the proposed patient resides, the court may, on request of the
   4-20  proposed patient or the proposed patient's attorney and if good
   4-21  cause is shown, transfer the application to that county.
   4-22        (d)  An application may be transferred to the county in which
   4-23  the person is being detained under Subchapter B if the county to
   4-24  which the application is to be transferred approves such transfer.
   4-25  A transfer under this subsection does not preclude the proposed
    5-1  patient from filing a motion to transfer under Subsection (c).
    5-2        (e)  An order transferring a criminal defendant against whom
    5-3  all charges have been dismissed to the appropriate court for a
    5-4  hearing on court-ordered mental health services in accordance with
    5-5  Section 7, Article 46.02, Code of Criminal Procedure, serves as an
    5-6  application under this section.  The order must state that all
    5-7  charges have been dismissed.
    5-8        SECTION 5.  Section 574.008, Health and Safety Code, is
    5-9  amended to read as follows:
   5-10        Sec. 574.008.  Court Jurisdiction and Transfer.  (a)  A
   5-11  proceeding under Subchapter C or E must be held in the statutory or
   5-12  constitutional county court that has the jurisdiction of a probate
   5-13  court in mental illness matters.
   5-14        (b)  If the hearing is to be held in a county court in which
   5-15  the judge is not a licensed attorney, the proposed patient or the
   5-16  proposed patient's attorney may request that the proceeding be
   5-17  transferred to a court with a judge who is licensed to practice law
   5-18  in this state.  The county judge shall transfer the case after
   5-19  receiving the request and the receiving court shall hear the case
   5-20  as if it had been originally filed in that court.
   5-21        (c)  If a patient is receiving temporary inpatient mental
   5-22  health services in a county other than the county <in which the
   5-23  court> that initiated the court-ordered inpatient mental health
   5-24  services <entered the temporary order is located> and the patient
   5-25  requires extended inpatient mental health services, the county in
    6-1  which the proceedings originated <the original order was issued>
    6-2  shall pay the expenses of transporting the patient back to the
    6-3  county for the hearing unless the court that entered the temporary
    6-4  order arranges with the appropriate court in the county in which
    6-5  the patient is receiving services to hold the hearing on
    6-6  court-ordered extended inpatient mental health services before the
    6-7  original order expires.
    6-8        (d)  If an order for outpatient services designates that such
    6-9  services be provided in a county other than the county in which the
   6-10  order was initiated, the court shall transfer the case to the
   6-11  appropriate court in the county in which the services are being
   6-12  provided.  That court shall thereafter have exclusive, continuing
   6-13  jurisdiction of the case, including the receipt of the general
   6-14  treatment program required by Section 574.037(b).
   6-15        SECTION 6.  Section 574.102, Health and Safety Code, is
   6-16  amended to read as follows:
   6-17        Sec. 574.102.  APPLICATION OF SUBCHAPTER.  This subchapter
   6-18  applies only to the application of medication to a patient subject
   6-19  to an order for inpatient mental health services under Section
   6-20  574.034 or 574.035 <who is receiving those services in a mental
   6-21  health facility operated or funded by the department>.
   6-22        SECTION 7.  Section 574.104, Health and Safety Code, is
   6-23  amended to read as follows:
   6-24        Sec. 574.104.  PHYSICIAN'S APPLICATION <PETITION> FOR ORDER
   6-25  TO AUTHORIZE <COMPEL> PSYCHOACTIVE MEDICATION; DATE OF HEARING.
    7-1  (a)  A physician who is treating a patient may, on behalf of the
    7-2  state, file an application in <petition> a probate court or a court
    7-3  with probate jurisdiction for an order to authorize the
    7-4  administration of a psychoactive medication regardless of the
    7-5  patient's refusal if:
    7-6              (1)  the physician believes that the patient lacks the
    7-7  capacity to make a decision regarding the administration of the
    7-8  psychoactive medication;
    7-9              (2)  the physician determines that the medication is
   7-10  the proper course of treatment for the patient; <and>
   7-11              (3)  the patient is under an order for temporary or
   7-12  extended mental health services under Section 574.034 or 574.035 or
   7-13  an application for court-ordered mental health services under
   7-14  Section 574.034 or 574.035 has been filed for the patient; and
   7-15              (4)  the patient, verbally or by other indication,
   7-16  refuses to take the medication voluntarily.
   7-17        (b)  An application <A petition> filed under this section
   7-18  must state:
   7-19              (1)  that the physician believes that the patient lacks
   7-20  the capacity to make a decision regarding administration of the
   7-21  psychoactive medication and the reasons for that belief;
   7-22              (2)  each medication the physician wants the court to
   7-23  compel the patient to take;
   7-24              (3)  whether an application for court-ordered mental
   7-25  health services under Section 574.034 or 574.035 has been filed or
    8-1  the current order for inpatient mental health services for the
    8-2  patient was issued under Section 574.034 or under Section 574.035;
    8-3  and
    8-4              (4)  the physician's diagnosis of the patient.
    8-5        (c)  An application <A petition> filed under this section is
    8-6  separate from an application for court-ordered mental health
    8-7  services.
    8-8        (d)  <The court with which a petition is filed under this
    8-9  section shall set a hearing on the petition to be held not later
   8-10  than the seventh day after the date the petition is filed.>  The
   8-11  hearing on the application <petition> may be held on the date of a
   8-12  hearing on an application for court-ordered <extended> mental
   8-13  health services under Section 574.034 or 574.035 but shall be held
   8-14  not later than 30 days after the filing of the application for the
   8-15  order to authorize psychoactive medication.  If the hearing is not
   8-16  held on the same day as the application for court-ordered mental
   8-17  health services under Section 574.034 or 574.035 and the patient is
   8-18  transferred to a mental health facility in another county, the
   8-19  court may transfer the application for an order to authorize
   8-20  psychoactive medication to the county where the patient has been
   8-21  transferred.  <The hearing on the petition may not be held on the
   8-22  date of a hearing on an application for court-ordered temporary
   8-23  mental health services under Section 574.034 unless the patient and
   8-24  the patient's attorney agree in writing to have the hearing on that
   8-25  date.>
    9-1        (e)  Subject to the requirement in Subsection (d) that the
    9-2  hearing shall be held not later than 30 days after the filing of
    9-3  the application, the <The> court may grant one continuance on a
    9-4  party's motion and for good cause shown.  The court may grant more
    9-5  than one continuance only with the agreement of the parties.
    9-6        SECTION 8.  Section 574.105, Health and Safety Code, is
    9-7  amended to read as follows:
    9-8        Sec. 574.105.  Rights of Patient.  A patient for whom an
    9-9  application <a petition> for an order to authorize the
   9-10  administration of a psychoactive medication is filed is entitled
   9-11  to:
   9-12              (1)  representation by a court-appointed attorney who
   9-13  is knowledgeable about issues to be adjudicated at the hearing;
   9-14              (2)  meet with that attorney as soon as is practicable
   9-15  to prepare for the hearing and to discuss any of the patient's
   9-16  questions or concerns;
   9-17              (3)  receive, immediately after the time of the hearing
   9-18  is set, a copy of the application <petition> and written notice of
   9-19  the time, place, and date of the hearing;
   9-20              (4)  be told, at the time personal notice of the
   9-21  hearing is given, of the patient's right to a hearing and right to
   9-22  the assistance of an attorney to prepare for the hearing and to
   9-23  answer any questions or concerns;
   9-24              (5)  be present at the hearing;
   9-25              (6)  request from the court an independent expert; and
   10-1              (7)  oral notification, at the conclusion of the
   10-2  hearing, of the court's determinations of the patient's capacity
   10-3  and best interests.
   10-4        SECTION 9.  Section 574.106, Health and Safety Code, is
   10-5  amended to read as follows:
   10-6        Sec. 574.106.  Hearing on Patient's Capacity and Order
   10-7  Authorizing Psychoactive Medication.  (a)  The court may issue an
   10-8  order authorizing the administration of one or more classes of
   10-9  psychoactive medication only if the court finds by clear and
  10-10  convincing evidence after the hearing that:
  10-11              (1)  the patient is under an order for temporary or
  10-12  extended mental health services under Section 574.034 or 574.035;
  10-13              (2)  the patient lacks the capacity to make a decision
  10-14  regarding the administration of the proposed medication; and
  10-15              (3) <(2)>  treatment with the proposed medication is in
  10-16  the best interest of the patient.
  10-17        (b)  In making its findings, the court shall consider:
  10-18              (1)  the patient's expressed preferences regarding
  10-19  treatment with psychoactive medication;
  10-20              (2)  the patient's religious beliefs;
  10-21              (3)  the risks and benefits, from the perspective of
  10-22  the patient, of taking psychoactive medication;
  10-23              (4)  the consequences to the patient if the
  10-24  psychoactive medication is not administered;
  10-25              (5)  the prognosis for the patient if the patient is
   11-1  treated with psychoactive medication; and
   11-2              (6)  alternatives to treatment with psychoactive
   11-3  medication.
   11-4        (c)  A hearing under this subchapter shall be conducted on
   11-5  the record by the probate judge or judge with probate jurisdiction,
   11-6  except as provided by Subsection (d).
   11-7        (d)  A judge may refer a hearing to a magistrate or
   11-8  court-appointed master who has training regarding psychoactive
   11-9  medications.  The magistrate or master may effectuate the notice,
  11-10  set hearing dates, and appoint attorneys as required in this
  11-11  subchapter.  A record is not required if the hearing is held by a
  11-12  magistrate or court-appointed master.
  11-13        (e)  A party is entitled to a hearing de novo by the judge if
  11-14  an appeal of the magistrate's or master's report is filed with the
  11-15  court within three days after the report is issued.  The hearing de
  11-16  novo shall be held within 30 days of the filing of the application
  11-17  for an order to authorize psychoactive medication.
  11-18        (f)  If a hearing or an appeal of a master's or magistrate's
  11-19  report is to be held in a county court in which the judge is not a
  11-20  licensed attorney, the proposed patient or the proposed patient's
  11-21  attorney may request that the proceeding be transferred to a court
  11-22  with a judge who is licensed to practice law in this state.  The
  11-23  county judge shall transfer the case after receiving the request,
  11-24  and the receiving court shall hear the case as if it had been
  11-25  originally filed in that court.
   12-1        (g)  As soon as practicable after the conclusion of the
   12-2  hearing, the patient is entitled to have provided to the patient
   12-3  and the patient's attorney written notification of the court's
   12-4  determinations under this section.  The notification shall include
   12-5  a statement of the evidence on which the court relied and the
   12-6  reasons for the court's determinations.
   12-7        (h)  An order entered under this section shall authorize the
   12-8  administration to a patient, regardless of the patient's refusal,
   12-9  of one or more classes of psychoactive medications specified in the
  12-10  application <petition> and consistent with the patient's diagnosis.
  12-11  The order shall permit an increase or decrease in a medication's
  12-12  dosage, restitution of medication authorized but discontinued
  12-13  during the period the order is valid, or the substitution of a
  12-14  medication within the same class.
  12-15        (i)  The classes of psychoactive medications in the order
  12-16  must conform to classes determined by the department.
  12-17        (j)  An order issued under this section may be reauthorized
  12-18  or modified on the petition of a party.  The order remains in
  12-19  effect pending action on a petition for reauthorization or
  12-20  modification.  For the purpose of this subsection, "modification"
  12-21  means a change of a class of medication authorized in the order.
  12-22        SECTION 10.  Sections 571.107, 574.108, and 574.109, Health
  12-23  and Safety Code, are amended to read as follows:
  12-24        Sec. 574.107.  COSTS.  The costs for hearings under this
  12-25  subchapter shall be paid in accordance with Sections 571.017 and
   13-1  571.018.
   13-2        Sec. 574.108.  APPEAL.  (a)  A patient may appeal an order
   13-3  under this subchapter in the manner provided by Section 574.070 for
   13-4  an appeal of an order requiring court-ordered mental health
   13-5  services.
   13-6        (b)  An order authorizing the administration of medication
   13-7  regardless of the refusal of the patient is effective pending an
   13-8  appeal of the order.
   13-9        Sec. 574.109 <574.108>.  EFFECT OF ORDER.  (a)  A person's
  13-10  consent to take a psychoactive medication is not valid and may not
  13-11  be relied on if the person is subject to an order issued under
  13-12  Section 574.106.
  13-13        (b)  The issuance of an order under Section 574.106 is not a
  13-14  determination or adjudication of mental incompetency and does not
  13-15  limit in any other respect that person's rights as a citizen or the
  13-16  person's property rights or legal capacity.
  13-17        Sec. 574.110 <574.109>.  EXPIRATION <AND REVIEW> OF ORDER.
  13-18  <(a)  The court annually shall review an order issued under Section
  13-19  574.106.>
  13-20        <(b)>  An order issued under Section 574.106 expires on the
  13-21  expiration or termination date of the order for temporary or
  13-22  extended mental health services in effect when the order for
  13-23  psychoactive medication is issued.
  13-24        SECTION 11.  The importance of this legislation and the
  13-25  crowded condition of the calendars in both houses create an
   14-1  emergency and an imperative public necessity that the
   14-2  constitutional rule requiring bills to be read on three several
   14-3  days in each house be suspended, and this rule is hereby suspended,
   14-4  and that this Act take effect and be in force from and after its
   14-5  passage, and it is so enacted.