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.