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 * * * * *