1-1  By:  Rodriguez (Senate Sponsor - Madla)               H.B. No. 1495
    1-2        (In the Senate - Received from the House May 4, 1995;
    1-3  May 5, 1995, read first time and referred to Committee on Health
    1-4  and Human Services; May 17, 1995, reported favorably by the
    1-5  following vote:  Yeas 9, Nays 0; May 17, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the right of certain persons to obtain information
    1-9  concerning a hearing for court-ordered mental health services.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 574.006, Health and Safety Code, is
   1-12  amended by adding Subsection (d) to read as follows:
   1-13        (d)  Notice of the time and place of any hearing and of the
   1-14  name, telephone number, and address of any attorneys known or
   1-15  believed to represent the state or the proposed patient shall be
   1-16  furnished to any person stating that that person has evidence to
   1-17  present upon any material issue, without regard to whether such
   1-18  evidence is on behalf of the state or of the proposed patient.  The
   1-19  notice shall not include the application, medical records, names or
   1-20  addresses of other potential witnesses, or any other information
   1-21  whatsoever.  Any clerk, judge, magistrate, court coordinator, or
   1-22  other officer of the court shall provide such information and shall
   1-23  be entitled to judicial immunity in any civil suit seeking damages
   1-24  as a result of providing such notice.  Should such evidence be
   1-25  offered  at trial and the adverse party claim surprise, the hearing
   1-26  may be continued under the provisions of Section 574.005, and  the
   1-27  person producing such evidence shall be entitled to timely notice
   1-28  of  the date and time of such continuance.
   1-29        Any officer, employee, or agent of the department shall refer
   1-30  any inquiring person to the court authorized to provide the notice
   1-31  if such information is in the possession of the department.  The
   1-32  notice shall be provided in the form that is most understandable to
   1-33  the person making such inquiry.
   1-34        SECTION 2.  The importance of this legislation and the
   1-35  crowded condition of the calendars in both houses create an
   1-36  emergency and an imperative public necessity that the
   1-37  constitutional rule requiring bills to be read on three several
   1-38  days in each house be suspended, and this rule is hereby suspended,
   1-39  and that this Act take effect and be in force from and after its
   1-40  passage, and it is so enacted.
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