By:  Moncrief                                          S.B. No. 572
                                 A BILL TO BE ENTITLED
                                        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.  Section 574.102, Health and Safety Code, is
   6-15  amended to read as follows:
   6-16        Sec. 574.102.  APPLICATION OF SUBCHAPTER.  This subchapter
   6-17  applies only to the application of medication to a patient subject
   6-18  to an order for inpatient mental health services under Section
   6-19  574.034 or 574.035 <who is receiving those services in a mental
   6-20  health facility operated or funded by the department>.
   6-21        SECTION 7.  Section 574.104, Health and Safety Code, is
   6-22  amended to read as follows:
   6-23        Sec. 574.104.  PHYSICIAN'S APPLICATION <PETITION> FOR ORDER
   6-24  TO AUTHORIZE <COMPEL> PSYCHOACTIVE MEDICATION; DATE OF HEARING.
   6-25  (a)  A physician who is treating a patient may, on behalf of the
    7-1  state, file an application in <petition> a probate court or a court
    7-2  with probate jurisdiction for an order to authorize the
    7-3  administration of a psychoactive medication regardless of the
    7-4  patient's refusal if:
    7-5              (1)  the physician believes that the patient lacks the
    7-6  capacity to make a decision regarding the administration of the
    7-7  psychoactive medication;
    7-8              (2)  the physician determines that the medication is
    7-9  the proper course of treatment for the patient; <and>
   7-10              (3)  the patient is under an order for temporary or
   7-11  extended mental health services under Section 574.034 or 574.035 or
   7-12  an application for court-ordered mental health services under
   7-13  Section 574.034 or 574.035 has been filed for the patient; and
   7-14              (4)  the patient, verbally or by other indication,
   7-15  refuses to take the medication voluntarily.
   7-16        (b)  An application <A petition> filed under this section
   7-17  must state:
   7-18              (1)  that the physician believes that the patient lacks
   7-19  the capacity to make a decision regarding administration of the
   7-20  psychoactive medication and the reasons for that belief;
   7-21              (2)  each medication the physician wants the court to
   7-22  compel the patient to take;
   7-23              (3)  whether an application for court-ordered mental
   7-24  health services under Section 574.034 or 574.035 has been filed or
   7-25  the current order for inpatient mental health services for the
    8-1  patient was issued under Section 574.034 or under Section 574.035;
    8-2  and
    8-3              (4)  the physician's diagnosis of the patient.
    8-4        (c)  An application <A petition> filed under this section is
    8-5  separate from an application for court-ordered mental health
    8-6  services.
    8-7        (d)  <The court with which a petition is filed under this
    8-8  section shall set a hearing on the petition to be held not later
    8-9  than the seventh day after the date the petition is filed.>  The
   8-10  hearing on the application <petition> may be held on the date of a
   8-11  hearing on an application for court-ordered <extended> mental
   8-12  health services under Section 574.034 or 574.035 but shall be held
   8-13  not later than 30 days after the filing of the application for the
   8-14  order to authorize psychoactive medication.  If the hearing is not
   8-15  held on the same day as the application for court-ordered mental
   8-16  health services under Section 574.034 or 574.035 and the patient is
   8-17  transferred to a mental health facility in another county, the
   8-18  court may transfer the application for an order to authorize
   8-19  psychoactive medication to the county where the patient has been
   8-20  transferred.  <The hearing on the petition may not be held on the
   8-21  date of a hearing on an application for court-ordered temporary
   8-22  mental health services under Section 574.034 unless the patient and
   8-23  the patient's attorney agree in writing to have the hearing on that
   8-24  date.>
   8-25        (e)  Subject to the requirement in Subsection (d) that the
    9-1  hearing shall be held not later than 30 days after the filing of
    9-2  the application, the <The> court may grant one continuance on a
    9-3  party's motion and for good cause shown.  The court may grant more
    9-4  than one continuance only with the agreement of the parties.
    9-5        SECTION 8.  Section 574.105, Health and Safety Code, is
    9-6  amended to read as follows:
    9-7        Sec. 574.105.  Rights of Patient.  A patient for whom an
    9-8  application <a petition> for an order to authorize the
    9-9  administration of a psychoactive medication is filed is entitled
   9-10  to:
   9-11              (1)  representation by a court-appointed attorney who
   9-12  is knowledgeable about issues to be adjudicated at the hearing;
   9-13              (2)  meet with that attorney as soon as is practicable
   9-14  to prepare for the hearing and to discuss any of the patient's
   9-15  questions or concerns;
   9-16              (3)  receive, immediately after the time of the hearing
   9-17  is set, a copy of the application <petition> and written notice of
   9-18  the time, place, and date of the hearing;
   9-19              (4)  be told, at the time personal notice of the
   9-20  hearing is given, of the patient's right to a hearing and right to
   9-21  the assistance of an attorney to prepare for the hearing and to
   9-22  answer any questions or concerns;
   9-23              (5)  be present at the hearing;
   9-24              (6)  request from the court an independent expert; and
   9-25              (7)  oral notification, at the conclusion of the
   10-1  hearing, of the court's determinations of the patient's capacity
   10-2  and best interests.
   10-3        SECTION 9.  Section 574.106, Health and Safety Code, is
   10-4  amended to read as follows:
   10-5        Sec. 574.106.  Hearing on Patient's Capacity and Order
   10-6  Authorizing Psychoactive Medication.  (a)  The court may issue an
   10-7  order authorizing the administration of one or more classes of
   10-8  psychoactive medication only if the court finds by clear and
   10-9  convincing evidence after the hearing that:
  10-10              (1)  the patient is under an order for temporary or
  10-11  extended mental health services under Section 574.034 or 574.035;
  10-12              (2)  the patient lacks the capacity to make a decision
  10-13  regarding the administration of the proposed medication; and
  10-14              (3) <(2)>  treatment with the proposed medication is in
  10-15  the best interest of the patient.
  10-16        (b)  In making its findings, the court shall consider:
  10-17              (1)  the patient's expressed preferences regarding
  10-18  treatment with psychoactive medication;
  10-19              (2)  the patient's religious beliefs;
  10-20              (3)  the risks and benefits, from the perspective of
  10-21  the patient, of taking psychoactive medication;
  10-22              (4)  the consequences to the patient if the
  10-23  psychoactive medication is not administered;
  10-24              (5)  the prognosis for the patient if the patient is
  10-25  treated with psychoactive medication; and
   11-1              (6)  alternatives to treatment with psychoactive
   11-2  medication.
   11-3        (c)  A hearing under this subchapter shall be conducted on
   11-4  the record by the probate judge or judge with probate jurisdiction,
   11-5  except as provided by Subsection (d).
   11-6        (d)  A judge may refer a hearing to a magistrate or
   11-7  court-appointed master who has training regarding psychoactive
   11-8  medications.  The magistrate or master may effectuate the notice,
   11-9  set hearing dates, and appoint attorneys as required in this
  11-10  subchapter.  A record is not required if the hearing is held by a
  11-11  magistrate or court-appointed master.
  11-12        (e)  A party is entitled to a hearing de novo by the judge if
  11-13  an appeal of the magistrate's or master's report is filed with the
  11-14  court within three days after the report is issued.  The hearing de
  11-15  novo shall be held within 30 days of the filing of the application
  11-16  for an order to authorize psychoactive medication.
  11-17        (f)  If a hearing or an appeal of a master's or magistrate's
  11-18  report is to be held in a county court in which the judge is not a
  11-19  licensed attorney, the proposed patient or the proposed patient's
  11-20  attorney may request that the proceeding be transferred to a court
  11-21  with a judge who is licensed to practice law in this state.  The
  11-22  county judge shall transfer the case after receiving the request,
  11-23  and the receiving court shall hear the case as if it had been
  11-24  originally filed in that court.
  11-25        (g)  As soon as practicable after the conclusion of the
   12-1  hearing, the patient is entitled to have provided to the patient
   12-2  and the patient's attorney written notification of the court's
   12-3  determinations under this section.  The notification shall include
   12-4  a statement of the evidence on which the court relied and the
   12-5  reasons for the court's determinations.
   12-6        (h)  An order entered under this section shall authorize the
   12-7  administration to a patient, regardless of the patient's refusal,
   12-8  of one or more classes of psychoactive medications specified in the
   12-9  application <petition> and consistent with the patient's diagnosis.
  12-10  The order shall permit an increase or decrease in a medication's
  12-11  dosage, restitution of medication authorized but discontinued
  12-12  during the period the order is valid, or the substitution of a
  12-13  medication within the same class.
  12-14        (i)  The classes of psychoactive medications in the order
  12-15  must conform to classes determined by the department.
  12-16        (j)  An order issued under this section may be reauthorized
  12-17  or modified on the petition of a party.  The order remains in
  12-18  effect pending action on a petition for reauthorization or
  12-19  modification.  For the purpose of this subsection, "modification"
  12-20  means a change of a class of medication authorized in the order.
  12-21        SECTION 10.  Sections 571.107, 574.108, and 574.109, Health
  12-22  and Safety Code, are amended to read as follows:
  12-23        Sec. 574.107.  COSTS.  The costs for hearings under this
  12-24  subchapter shall be paid in accordance with Sections 571.017 and
  12-25  571.018.
   13-1        Sec. 574.108.  APPEAL.  (a)  A patient may appeal an order
   13-2  under this subchapter in the manner provided by Section 574.070 for
   13-3  an appeal of an order requiring court-ordered mental health
   13-4  services.
   13-5        (b)  An order authorizing the administration of medication
   13-6  regardless of the refusal of the patient is effective pending an
   13-7  appeal of the order.
   13-8        Sec. 574.109 <574.108>.  EFFECT OF ORDER.  (a)  A person's
   13-9  consent to take a psychoactive medication is not valid and may not
  13-10  be relied on if the person is subject to an order issued under
  13-11  Section 574.106.
  13-12        (b)  The issuance of an order under Section 574.106 is not a
  13-13  determination or adjudication of mental incompetency and does not
  13-14  limit in any other respect that person's rights as a citizen or the
  13-15  person's property rights or legal capacity.
  13-16        Sec. 574.110 <574.109>.  EXPIRATION <AND REVIEW> OF ORDER.
  13-17  <(a)  The court annually shall review an order issued under Section
  13-18  574.106.>
  13-19        <(b)>  An order issued under Section 574.106 expires on the
  13-20  expiration or termination date of the order for temporary or
  13-21  extended mental health services in effect when the order for
  13-22  psychoactive medication is issued.
  13-23        SECTION 11.  The importance of this legislation and the
  13-24  crowded condition of the calendars in both houses create an
  13-25  emergency and an imperative public necessity that the
   14-1  constitutional rule requiring bills to be read on three several
   14-2  days in each house be suspended, and this rule is hereby suspended,
   14-3  and that this Act take effect and be in force from and after its
   14-4  passage, and it is so enacted.