By:  Moncrief                                           S.B. No. 96
                                 A BILL TO BE ENTITLED
                                        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.