S.B. No. 572
                                        AN ACT
    1-1  relating to court-ordered mental health services.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 571.016, Health and Safety Code, is
    1-4  amended to read as follows:
    1-5        Sec. 571.016.  REPRESENTATION OF STATE.  Unless specified
    1-6  otherwise, in <In> a hearing <on court-ordered mental health
    1-7  services> held under this subtitle:
    1-8              (1)  the county attorney shall represent the state; or
    1-9              (2)  if the county has no county attorney, the district
   1-10  attorney, the criminal district attorney, or a court-appointed
   1-11  special prosecutor shall represent the state.
   1-12        SECTION 2.  Chapter 571, Health and Safety Code, is amended
   1-13  by adding Section 571.0166 to read as follows:
   1-14        Sec. 571.0166.  PROCEEDINGS ON BEHALF OF THE STATE. All
   1-15  applications under this subtitle shall be filed on behalf of the
   1-16  State of Texas and styled "The State of Texas for the Best Interest
   1-17  and Protection of (NAME) the (patient or proposed patient)."
   1-18        SECTION 3.  Section 571.018, Health and Safety Code, is
   1-19  amended to read as follows:
   1-20        Sec. 571.018.  COSTS.  (a)  The costs for a hearing or
   1-21  proceeding under this subtitle shall be paid by <A county shall pay
   1-22  the costs for a hearing or proceeding under this subtitle if the
   1-23  county>:
    2-1              (1)  the county that initiates emergency detention
    2-2  procedures under Subchapter A or B, Chapter 573; or
    2-3              (2)  if no emergency detention procedures are
    2-4  initiated, the county that <has an application for court-ordered
    2-5  mental health services transferred to it under Section 574.008(b);
    2-6  or>
    2-7              <(3)>  accepts an application for court-ordered mental
    2-8  health services, <and> issues an order for protective custody, or
    2-9  issues an order for temporary mental health services.
   2-10        (b)  The county responsible for the costs of a hearing or
   2-11  proceeding under Subsection (a) shall pay the costs of all
   2-12  subsequent hearings or proceedings for that person under this
   2-13  subtitle until the person is discharged from mental health
   2-14  services.
   2-15        (c)  Costs under this section include:
   2-16              (1)  attorney's fees;
   2-17              (2)  physician examination fees;
   2-18              (3)  compensation for court-appointed personnel listed
   2-19  under Section 571.017; and
   2-20              (4)  expenses of transportation to a department mental
   2-21  health facility or to a federal agency.
   2-22        (d) <(c)>  A county is entitled to reimbursement for costs
   2-23  actually paid by the county from:
   2-24              (1)  the patient; or
   2-25              (2)  a person or estate liable for the patient's
    3-1  support in a department mental health facility.
    3-2        (e) <(d)>  The state shall pay the cost of transporting a
    3-3  discharged or furloughed patient to the patient's home or of
    3-4  returning a patient absent without authority unless the patient or
    3-5  someone responsible for the patient is able to pay the costs.
    3-6        (f) <(e)>  A proposed patient's county of residence shall pay
    3-7  the court-approved expenses incurred under Section 574.010 if
    3-8  ordered by the court under that section.
    3-9        (g) <(f)>  A judge who holds hearings at locations other than
   3-10  the county courthouse is entitled to additional compensation as
   3-11  provided by Sections 574.031(h) and (i).
   3-12        (h) <(g)>  The state or a county may not pay any costs for a
   3-13  patient committed to a private mental hospital unless:
   3-14              (1)  a public facility is not available; and
   3-15              (2)  the commissioners court of the county authorizes
   3-16  the payment, if appropriate.
   3-17        (i) <(h)>  The county may not require a person other than the
   3-18  patient to pay any costs associated with a hearing or proceeding
   3-19  under this subtitle, including a filing fee or other court costs
   3-20  imposed under Chapter 118, Local Government Code, Chapter 51,
   3-21  Government Code, or other law, unless the county first determines
   3-22  that:
   3-23              (1)  the costs relate to services provided or to be
   3-24  provided in a private mental hospital; or
   3-25              (2)  the person charged with the costs is a person or
    4-1  estate liable for the patient's support in a department mental
    4-2  health facility.
    4-3        SECTION 4.  Section 574.001, Health and Safety Code, is
    4-4  amended to read as follows:
    4-5        Sec. 574.001.  Application for Court-Ordered Mental Health
    4-6  Services.  (a)  A county or district attorney or other adult may
    4-7  file a sworn written application for court-ordered mental health
    4-8  services.  Only the district or county attorney may file an
    4-9  application that is not accompanied by a certificate of medical
   4-10  examination.
   4-11        (b)  The application must be filed with the county clerk in
   4-12  the county in which the proposed patient:
   4-13              (1)  resides;
   4-14              (2)  is found; or
   4-15              (3)  is receiving mental health services by court order
   4-16  or under Subchapter A, Chapter 573.
   4-17        (c)  If the application is not filed in the county in which
   4-18  the proposed patient resides, the court may, on request of the
   4-19  proposed patient or the proposed patient's attorney and if good
   4-20  cause is shown, transfer the application to that county.
   4-21        (d)  An application may be transferred to the county in which
   4-22  the person is being detained under Subchapter B if the county to
   4-23  which the application is to be transferred approves such transfer.
   4-24  A transfer under this subsection does not preclude the proposed
   4-25  patient from filing a motion to transfer under Subsection (c).
    5-1        (e)  An order transferring a criminal defendant against whom
    5-2  all charges have been dismissed to the appropriate court for a
    5-3  hearing on court-ordered mental health services in accordance with
    5-4  Section 7, Article 46.02, Code of Criminal Procedure, serves as an
    5-5  application under this section.  The order must state that all
    5-6  charges have been dismissed.
    5-7        SECTION 5.  Section 574.008, Health and Safety Code, is
    5-8  amended to read as follows:
    5-9        Sec. 574.008.  Court Jurisdiction and Transfer.  (a)  A
   5-10  proceeding under Subchapter C or E must be held in the statutory or
   5-11  constitutional county court that has the jurisdiction of a probate
   5-12  court in mental illness matters.
   5-13        (b)  If the hearing is to be held in a county court in which
   5-14  the judge is not a licensed attorney, the proposed patient or the
   5-15  proposed patient's attorney may request that the proceeding be
   5-16  transferred to a court with a judge who is licensed to practice law
   5-17  in this state.  The county judge shall transfer the case after
   5-18  receiving the request and the receiving court shall hear the case
   5-19  as if it had been originally filed in that court.
   5-20        (c)  If a patient is receiving temporary inpatient mental
   5-21  health services in a county other than the county <in which the
   5-22  court> that initiated the court-ordered inpatient mental health
   5-23  services <entered the temporary order is located> and the patient
   5-24  requires extended inpatient mental health services, the county in
   5-25  which the proceedings originated <the original order was issued>
    6-1  shall pay the expenses of transporting the patient back to the
    6-2  county for the hearing unless the court that entered the temporary
    6-3  order arranges with the appropriate court in the county in which
    6-4  the patient is receiving services to hold the hearing on
    6-5  court-ordered extended inpatient mental health services before the
    6-6  original order expires.
    6-7        (d)  If an order for outpatient services designates that such
    6-8  services be provided in a county other than the county in which the
    6-9  order was initiated, the court shall transfer the case to the
   6-10  appropriate court in the county in which the services are being
   6-11  provided.  That court shall thereafter have exclusive, continuing
   6-12  jurisdiction of the case, including the receipt of the general
   6-13  treatment program required by Section 574.037(b).
   6-14        SECTION 6.  Subsection (b), Section 574.0085, Health and
   6-15  Safety Code, is amended to read as follows:
   6-16        (b)  To be eligible for appointment as a master, a person
   6-17  must be a resident of this state and have been licensed to practice
   6-18  law in this state for at least four years or be a retired county
   6-19  judge, statutory or constitutional, with at least 10 years of
   6-20  service.
   6-21        SECTION 7.  Subsection (f), Section 574.034, Health and
   6-22  Safety Code, is amended to read as follows:
   6-23        (f)  A judge may not issue an order for temporary mental
   6-24  health services for a proposed patient who is charged with a
   6-25  criminal offense that involves an act, attempt, or threat of
    7-1  serious bodily injury to another person.
    7-2        SECTION 8.  Subsection (g), Section 574.035, Health and
    7-3  Safety Code, is amended to read as follows:
    7-4        (g)  A judge may not issue an order for extended mental
    7-5  health services for a proposed patient who is charged with a
    7-6  criminal offense that involves an act, attempt, or threat of
    7-7  serious bodily injury to another person.
    7-8        SECTION 9.  Section 574.102, Health and Safety Code, is
    7-9  amended to read as follows:
   7-10        Sec. 574.102.  APPLICATION OF SUBCHAPTER.  This subchapter
   7-11  applies only to the application of medication to a patient subject
   7-12  to an order for inpatient mental health services under Section
   7-13  574.034 or 574.035 <who is receiving those services in a mental
   7-14  health facility operated or funded by the department>.
   7-15        SECTION 10.  Section 574.104, Health and Safety Code, is
   7-16  amended to read as follows:
   7-17        Sec. 574.104.  PHYSICIAN'S APPLICATION <PETITION> FOR ORDER
   7-18  TO AUTHORIZE <COMPEL> PSYCHOACTIVE MEDICATION; DATE OF HEARING.
   7-19  (a)  A physician who is treating a patient may, on behalf of the
   7-20  state, file an application in <petition> a probate court or a court
   7-21  with probate jurisdiction for an order to authorize the
   7-22  administration of a psychoactive medication regardless of the
   7-23  patient's refusal if:
   7-24              (1)  the physician believes that the patient lacks the
   7-25  capacity to make a decision regarding the administration of the
    8-1  psychoactive medication;
    8-2              (2)  the physician determines that the medication is
    8-3  the proper course of treatment for the patient; <and>
    8-4              (3)  the patient is under an order for temporary or
    8-5  extended mental health services under Section 574.034 or 574.035 or
    8-6  an application for court-ordered mental health services under
    8-7  Section 574.034 or 574.035 has been filed for the patient; and
    8-8              (4)  the patient, verbally or by other indication,
    8-9  refuses to take the medication voluntarily.
   8-10        (b)  An application <A petition> filed under this section
   8-11  must state:
   8-12              (1)  that the physician believes that the patient lacks
   8-13  the capacity to make a decision regarding administration of the
   8-14  psychoactive medication and the reasons for that belief;
   8-15              (2)  each medication the physician wants the court to
   8-16  compel the patient to take;
   8-17              (3)  whether an application for court-ordered mental
   8-18  health services under Section 574.034 or 574.035 has been filed or
   8-19  the current order for inpatient mental health services for the
   8-20  patient was issued under Section 574.034 or under Section 574.035;
   8-21  and
   8-22              (4)  the physician's diagnosis of the patient.
   8-23        (c)  An application <A petition> filed under this section is
   8-24  separate from an application for court-ordered mental health
   8-25  services.
    9-1        (d)  <The court with which a petition is filed under this
    9-2  section shall set a hearing on the petition to be held not later
    9-3  than the seventh day after the date the petition is filed.>  The
    9-4  hearing on the application <petition> may be held on the date of a
    9-5  hearing on an application for court-ordered <extended> mental
    9-6  health services under Section 574.034 or 574.035 but shall be held
    9-7  not later than 30 days after the filing of the application for the
    9-8  order to authorize psychoactive medication.  If the hearing is not
    9-9  held on the same day as the application for court-ordered mental
   9-10  health services under Section 574.034 or 574.035 and the patient is
   9-11  transferred to a mental health facility in another county, the
   9-12  court may transfer the application for an order to authorize
   9-13  psychoactive medication to the county where the patient has been
   9-14  transferred.  <The hearing on the petition may not be held on the
   9-15  date of a hearing on an application for court-ordered temporary
   9-16  mental health services under Section 574.034 unless the patient and
   9-17  the patient's attorney agree in writing to have the hearing on that
   9-18  date.>
   9-19        (e)  Subject to the requirement in Subsection (d) that the
   9-20  hearing shall be held not later than 30 days after the filing of
   9-21  the application, the <The> court may grant one continuance on a
   9-22  party's motion and for good cause shown.  The court may grant more
   9-23  than one continuance only with the agreement of the parties.
   9-24        SECTION 11.  Section 574.105, Health and Safety Code, is
   9-25  amended to read as follows:
   10-1        Sec. 574.105.  Rights of Patient.  A patient for whom an
   10-2  application <a petition> for an order to authorize the
   10-3  administration of a psychoactive medication is filed is entitled
   10-4  to:
   10-5              (1)  representation by a court-appointed attorney who
   10-6  is knowledgeable about issues to be adjudicated at the hearing;
   10-7              (2)  meet with that attorney as soon as is practicable
   10-8  to prepare for the hearing and to discuss any of the patient's
   10-9  questions or concerns;
  10-10              (3)  receive, immediately after the time of the hearing
  10-11  is set, a copy of the application <petition> and written notice of
  10-12  the time, place, and date of the hearing;
  10-13              (4)  be told, at the time personal notice of the
  10-14  hearing is given, of the patient's right to a hearing and right to
  10-15  the assistance of an attorney to prepare for the hearing and to
  10-16  answer any questions or concerns;
  10-17              (5)  be present at the hearing;
  10-18              (6)  request from the court an independent expert; and
  10-19              (7)  oral notification, at the conclusion of the
  10-20  hearing, of the court's determinations of the patient's capacity
  10-21  and best interests.
  10-22        SECTION 12.  Section 574.106, Health and Safety Code, is
  10-23  amended to read as follows:
  10-24        Sec. 574.106.  Hearing on Patient's Capacity and Order
  10-25  Authorizing Psychoactive Medication.  (a)  The court may issue an
   11-1  order authorizing the administration of one or more classes of
   11-2  psychoactive medication only if the court finds by clear and
   11-3  convincing evidence after the hearing that:
   11-4              (1)  the patient is under an order for temporary or
   11-5  extended mental health services under Section 574.034 or 574.035;
   11-6              (2)  the patient lacks the capacity to make a decision
   11-7  regarding the administration of the proposed medication; and
   11-8              (3) <(2)>  treatment with the proposed medication is in
   11-9  the best interest of the patient.
  11-10        (b)  In making its findings, the court shall consider:
  11-11              (1)  the patient's expressed preferences regarding
  11-12  treatment with psychoactive medication;
  11-13              (2)  the patient's religious beliefs;
  11-14              (3)  the risks and benefits, from the perspective of
  11-15  the patient, of taking psychoactive medication;
  11-16              (4)  the consequences to the patient if the
  11-17  psychoactive medication is not administered;
  11-18              (5)  the prognosis for the patient if the patient is
  11-19  treated with psychoactive medication; and
  11-20              (6)  alternatives to treatment with psychoactive
  11-21  medication.
  11-22        (c)  A hearing under this subchapter shall be conducted on
  11-23  the record by the probate judge or judge with probate jurisdiction,
  11-24  except as provided by Subsection (d).
  11-25        (d)  A judge may refer a hearing to a magistrate or
   12-1  court-appointed master who has training regarding psychoactive
   12-2  medications.  The magistrate or master may effectuate the notice,
   12-3  set hearing dates, and appoint attorneys as required in this
   12-4  subchapter.  A record is not required if the hearing is held by a
   12-5  magistrate or court-appointed master.
   12-6        (e)  A party is entitled to a hearing de novo by the judge if
   12-7  an appeal of the magistrate's or master's report is filed with the
   12-8  court within three days after the report is issued.  The hearing de
   12-9  novo shall be held within 30 days of the filing of the application
  12-10  for an order to authorize psychoactive medication.
  12-11        (f)  If a hearing or an appeal of a master's or magistrate's
  12-12  report is to be held in a county court in which the judge is not a
  12-13  licensed attorney, the proposed patient or the proposed patient's
  12-14  attorney may request that the proceeding be transferred to a court
  12-15  with a judge who is licensed to practice law in this state.  The
  12-16  county judge shall transfer the case after receiving the request,
  12-17  and the receiving court shall hear the case as if it had been
  12-18  originally filed in that court.
  12-19        (g)  As soon as practicable after the conclusion of the
  12-20  hearing, the patient is entitled to have provided to the patient
  12-21  and the patient's attorney written notification of the court's
  12-22  determinations under this section.  The notification shall include
  12-23  a statement of the evidence on which the court relied and the
  12-24  reasons for the court's determinations.
  12-25        (h)  An order entered under this section shall authorize the
   13-1  administration to a patient, regardless of the patient's refusal,
   13-2  of one or more classes of psychoactive medications specified in the
   13-3  application <petition> and consistent with the patient's diagnosis.
   13-4  The order shall permit an increase or decrease in a medication's
   13-5  dosage, restitution of medication authorized but discontinued
   13-6  during the period the order is valid, or the substitution of a
   13-7  medication within the same class.
   13-8        (i)  The classes of psychoactive medications in the order
   13-9  must conform to classes determined by the department.
  13-10        (j)  An order issued under this section may be reauthorized
  13-11  or modified on the petition of a party.  The order remains in
  13-12  effect pending action on a petition for reauthorization or
  13-13  modification.  For the purpose of this subsection, "modification"
  13-14  means a change of a class of medication authorized in the order.
  13-15        SECTION 13.  Sections 574.107, 574.108, and 574.109, Health
  13-16  and Safety Code, are amended to read as follows:
  13-17        Sec. 574.107.  COSTS.  The costs for hearings under this
  13-18  subchapter shall be paid in accordance with Sections 571.017 and
  13-19  571.018.
  13-20        Sec. 574.108.  APPEAL.  (a)  A patient may appeal an order
  13-21  under this subchapter in the manner provided by Section 574.070 for
  13-22  an appeal of an order requiring court-ordered mental health
  13-23  services.
  13-24        (b)  An order authorizing the administration of medication
  13-25  regardless of the refusal of the patient is effective pending an
   14-1  appeal of the order.
   14-2        Sec. 574.109 <574.108>.  EFFECT OF ORDER.  (a)  A person's
   14-3  consent to take a psychoactive medication is not valid and may not
   14-4  be relied on if the person is subject to an order issued under
   14-5  Section 574.106.
   14-6        (b)  The issuance of an order under Section 574.106 is not a
   14-7  determination or adjudication of mental incompetency and does not
   14-8  limit in any other respect that person's rights as a citizen or the
   14-9  person's property rights or legal capacity.
  14-10        Sec. 574.110 <574.109>.  EXPIRATION <AND REVIEW> OF ORDER.
  14-11  <(a)  The court annually shall review an order issued under Section
  14-12  574.106.>
  14-13        <(b)>  An order issued under Section 574.106 expires on the
  14-14  expiration or termination date of the order for temporary or
  14-15  extended mental health services in effect when the order for
  14-16  psychoactive medication is issued.
  14-17        SECTION 14.  The importance of this legislation and the
  14-18  crowded condition of the calendars in both houses create an
  14-19  emergency and an imperative public necessity that the
  14-20  constitutional rule requiring bills to be read on three several
  14-21  days in each house be suspended, and this rule is hereby suspended,
  14-22  and that this Act take effect and be in force from and after its
  14-23  passage, and it is so enacted.