By Rodriguez                                          H.B. No. 1495
       74R2546 DD-F
                                 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.
   1-13  Said notice shall not include the application, medical records,
   1-14  names or addresses of other potential witnesses, or any other
   1-15  information whatsoever.  Any clerk, judge, magistrate, court
   1-16  coordinator, or other officer of the court shall provide such
   1-17  information and shall be entitled to judicial immunity in any civil
   1-18  suit seeking damages as a result of providing such notice.  Should
   1-19  such evidence be offered  at trial and the adverse party claim
   1-20  surprise, the hearing may be continued under the provisions of
   1-21  Section 574.005, and  the person producing such evidence shall be
   1-22  entitled to timely notice of  the date and time of such
   1-23  continuance.
   1-24        Any officer, employee, or agent of the department shall refer
    2-1  any inquiring person to the court authorized to provide said
    2-2  notice.  Said notice shall be provided in the form which is most
    2-3  understandable to 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.