S.B. No. 96
AN ACT
1-1 relating to mental health proceedings and the administration of
1-2 psychoactive medications.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 571.016, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 571.016. Representation of State. Unless specified
1-7 otherwise, in <In> a hearing <on court-ordered mental health
1-8 services> held under this subtitle:
1-9 (1) the county attorney shall represent the state; or
1-10 (2) if the county has no county attorney, the district
1-11 attorney shall represent the state.
1-12 SECTION 2. Subsection (a), Section 574.104, Health and
1-13 Safety Code, is amended to read as follows:
1-14 (a) A physician who is treating a patient may, on behalf of
1-15 the state, petition a probate court or a court with probate
1-16 jurisdiction for an order to authorize the administration of a
1-17 psychoactive medication regardless of the patient's refusal if:
1-18 (1) the physician believes that the patient lacks the
1-19 capacity to make a decision regarding the administration of the
1-20 psychoactive medication;
1-21 (2) the physician determines that the medication is
1-22 the proper course of treatment for the patient; and
1-23 (3) the patient is under an order for temporary or
2-1 extended mental health services under Section 574.034 or 574.035
2-2 and the patient, verbally or by other indication, refuses to take
2-3 the medication voluntarily.
2-4 SECTION 3. Subsection (a), Section 576.025, Health and
2-5 Safety Code, is amended to read as follows:
2-6 (a) A person may not administer a psychoactive medication to
2-7 a patient receiving voluntary or involuntary mental health services
2-8 who refuses <does not consent to> the administration unless:
2-9 (1) the patient is having a medication-related
2-10 emergency;
2-11 (2) the patient is younger than 16 years of age and
2-12 the patient's parent, managing conservator, or guardian consents to
2-13 the administration on behalf of the patient;
2-14 (3) the refusing <patient does not have the capacity
2-15 to consent and the> patient's representative authorized by law to
2-16 consent on behalf of the patient has consented to the
2-17 administration; <or>
2-18 (4) the administration of the medication regardless of
2-19 the patient's refusal is authorized by an order issued under
2-20 Section 574.106; or
2-21 (5) the patient is receiving court-ordered mental
2-22 health services authorized by an order issued under Article 46.02
2-23 or 46.03, Code of Criminal Procedure.
2-24 SECTION 4. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.