1-1  By:  Moncrief                                           S.B. No. 96
    1-2        (In the Senate - Filed November 28, 1994; January 11, 1995,
    1-3  read first time and referred to Committee on Health and Human
    1-4  Services; March 22, 1995, reported favorably by the following vote:
    1-5  Yeas 7, Nays 0; March 22, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to mental health proceedings and the administration of
    1-9  psychoactive medications.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 571.016, Health and Safety Code, is
   1-12  amended to read as follows:
   1-13        Sec. 571.016.  Representation of State.  Unless specified
   1-14  otherwise, in <In> a hearing <on court-ordered mental health
   1-15  services> held under this subtitle:
   1-16              (1)  the county attorney shall represent the state; or
   1-17              (2)  if the county has no county attorney, the district
   1-18  attorney shall represent the state.
   1-19        SECTION 2.  Subsection (a), Section 574.104, Health and
   1-20  Safety Code, is amended to read as follows:
   1-21        (a)  A physician who is treating a patient may, on behalf of
   1-22  the state, petition a probate court or a court with probate
   1-23  jurisdiction for an order to authorize the administration of a
   1-24  psychoactive medication regardless of the patient's refusal if:
   1-25              (1)  the physician believes that the patient lacks the
   1-26  capacity to make a decision regarding the administration of the
   1-27  psychoactive medication;
   1-28              (2)  the physician determines that the medication is
   1-29  the proper course of treatment for the patient; and
   1-30              (3)  the patient is under an order for temporary or
   1-31  extended mental health services under Section 574.034 or 574.035
   1-32  and the patient, verbally or by other indication, refuses to take
   1-33  the medication voluntarily.
   1-34        SECTION 3.  Subsection (a), Section 576.025, Health and
   1-35  Safety Code, is amended to read as follows:
   1-36        (a)  A person may not administer a psychoactive medication to
   1-37  a patient receiving voluntary or involuntary mental health services
   1-38  who refuses <does not consent to> the administration unless:
   1-39              (1)  the patient is having a medication-related
   1-40  emergency;
   1-41              (2)  the patient is younger than 16 years of age and
   1-42  the patient's parent, managing conservator, or guardian consents to
   1-43  the administration on behalf of the patient;
   1-44              (3)  the refusing <patient does not have the capacity
   1-45  to consent and the> patient's representative authorized by law to
   1-46  consent on behalf of the patient has consented to the
   1-47  administration; <or>
   1-48              (4)  the administration of the medication regardless of
   1-49  the patient's refusal is authorized by an order issued under
   1-50  Section 574.106; or
   1-51              (5)  the patient is receiving court-ordered mental
   1-52  health services authorized by an order issued under Article 46.02
   1-53  or 46.03, Code of Criminal Procedure.
   1-54        SECTION 4.  The importance of this legislation and the
   1-55  crowded condition of the calendars in both houses create an
   1-56  emergency and an imperative public necessity that the
   1-57  constitutional rule requiring bills to be read on three several
   1-58  days in each house be suspended, and this rule is hereby suspended.
   1-59                               * * * * *