By Rodriguez H.B. No. 1495
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of certain persons to obtain information
1-3 concerning a hearing for court-ordered mental health services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 574.006, Health and Safety Code, is
1-6 amended by adding Subsection (d) to read as follows:
1-7 (d) Notice of the time and place of any hearing and of the
1-8 name, telephone number, and address of any attorneys known or
1-9 believed to represent the state or the proposed patient shall be
1-10 furnished to any person stating that that person has evidence to
1-11 present upon any material issue, without regard to whether such
1-12 evidence is on behalf of the state or of the proposed patient. The
1-13 notice shall not include the application, medical records, names or
1-14 addresses of other potential witnesses, or any other information
1-15 whatsoever. Any clerk, judge, magistrate, court coordinator, or
1-16 other officer of the court shall provide such information and shall
1-17 be entitled to judicial immunity in any civil suit seeking damages
1-18 as a result of providing such notice. Should such evidence be
1-19 offered at trial and the adverse party claim surprise, the hearing
1-20 may be continued under the provisions of Section 574.005, and the
1-21 person producing such evidence shall be entitled to timely notice
1-22 of the date and time of such continuance.
1-23 Any officer, employee, or agent of the department shall refer
1-24 any inquiring person to the court authorized to provide the notice
2-1 if such information is in the possession of the department. The
2-2 notice shall be provided in the form that is most understandable to
2-3 the person making such inquiry.
2-4 SECTION 2. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended,
2-9 and that this Act take effect and be in force from and after its
2-10 passage, and it is so enacted.