By Thompson                                           H.B. No. 1539
       74R5973 CLG-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the admission of incapacitated persons to certain
    1-3  facilities for care and treatment.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 770, Texas Probate Code, is amended by
    1-6  amending Subsection (b) and adding Subsection (e) to read as
    1-7  follows:
    1-8        (b)  Except as provided by Subsections <Subsection> (c), <or>
    1-9  (d), or (e) of this section, a guardian may not voluntarily admit
   1-10  an incapacitated person to a public or private in-patient
   1-11  psychiatric facility or to a residential facility operated by the
   1-12  Texas Department of Mental Health and Mental Retardation for care
   1-13  and treatment.  If care and treatment in a psychiatric or a
   1-14  residential facility are necessary and the incapacitated person
   1-15  does not want in-patient services, the person or the person's
   1-16  guardian may apply for services under Section 593.027 or 593.028,
   1-17  Health and Safety Code, or apply to a court to commit the person
   1-18  under Subtitle D, Title 7, Health and Safety Code <(Persons with
   1-19  Mental Retardation Act)>, Subtitle C, Title 7, Health and Safety
   1-20  Code <(Texas Mental Health Code)>, or Chapter 462, Health and
   1-21  Safety Code.
   1-22        (e)  A guardian of an incapacitated person may voluntarily
   1-23  admit the person to a facility described by Subsection (b) of this
   1-24  section for care and treatment if the person indicates to the
    2-1  admitting physician at the facility that the person wants to be
    2-2  admitted to the facility and the person:
    2-3              (1)  signs a form to be admitted to the facility if the
    2-4  person is capable of signing and understanding the provisions of
    2-5  the admission form; or
    2-6              (2)  has a prior history of seeking voluntary
    2-7  in-patient treatment and care services at a facility described by
    2-8  Subsection (b) of this section before the guardianship went into
    2-9  effect.
   2-10        SECTION 2.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended,
   2-15  and that this Act take effect and be in force from and after its
   2-16  passage, and it is so enacted.