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. 1-41 * * * * *