1-1 By: Thompson (Senate Sponsor - Whitmire) H.B. No. 2094
1-2 (In the Senate - Received from the House April 21, 1995;
1-3 April 24, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 10, 1995, reported favorably by the
1-5 following vote: Yeas 9, Nays 0; May 10, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to voluntary inpatient mental health services for certain
1-9 persons.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 572.001(a) and (d), Health and Safety
1-12 Code, are amended to read as follows:
1-13 (a) A person 16 years of age or older or a person younger
1-14 than 16 years of age who is or has been married may request
1-15 admission to an inpatient mental health facility by filing a
1-16 request with the administrator of the facility to which admission
1-17 is requested. The parent, managing conservator, or guardian of a
1-18 person younger than 16 years of age who is not and has not been
1-19 married may request the admission of the person to an inpatient
1-20 mental health facility by filing a request with the administrator
1-21 of the facility to which admission is requested.
1-22 (d) The administrator of an inpatient mental health facility
1-23 may admit a minor who is 16 years of age or older or a person
1-24 younger than 16 years of age who is or has been married to an
1-25 inpatient mental health facility as a voluntary patient without the
1-26 consent of the <minor's> parent, managing conservator, or guardian.
1-27 SECTION 2. Section 572.002, Health and Safety Code, is
1-28 amended to read as follows:
1-29 Sec. 572.002. ADMISSION. The facility administrator or the
1-30 administrator's authorized, qualified designee may admit a person
1-31 for whom a proper request for voluntary inpatient services is filed
1-32 if the administrator or the designee determines:
1-33 (1) from a preliminary examination that the person has
1-34 symptoms of mental illness and will benefit from the inpatient
1-35 services;
1-36 (2) that the person has been informed of the person's
1-37 rights as a voluntary patient; and
1-38 (3) that the admission was voluntarily agreed to:
1-39 (A) by the person, if the person is:
1-40 (i) 16 years of age or older; or
1-41 (ii) younger than 16 years of age and is
1-42 or has been married; or<, if the person is younger than 16 years of
1-43 age,>
1-44 (B) by the person's parent, managing
1-45 conservator, or guardian, if the person is younger than 16 years of
1-46 age and is not and has not been married.
1-47 SECTION 3. The importance of this legislation and the
1-48 crowded condition of the calendars in both houses create an
1-49 emergency and an imperative public necessity that the
1-50 constitutional rule requiring bills to be read on three several
1-51 days in each house be suspended, and this rule is hereby suspended,
1-52 and that this Act take effect and be in force from and after its
1-53 passage, and it is so enacted.
1-54 * * * * *