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.