Amend CSSB 443 as follows:
      (1)  In Section 1 on page 1, line 12, strike "1985" and
substitute "1986".
      (2)  In Section 1 on page 1, line 23, strike "Includes a
medical record." and substitute: means a medical record:
                  (A)  that a federal statute or regulation does
not require to be retained, maintained, or preserved; or
                  (B)  for which the requirement under a federal
statute or regulation to retain, maintain, or preserve the record
has expired.
      (3)  In Section 1 on page 2, line 5 between "facility" and
"be" insert "described by Section 144.001(1)(A)".
      (4)  In Section 1 on page 2, line 19, strike "person except
the former mental health patient. If," and substitute:  "person
except:
            (1)  the former mental health patient; or
            (2)  the health care provider, the mental health
facility, or the owner, operator, parent, or affiliate of the
mental health facility, after giving notice to the patient.
      (d)  If,"
      (5)  In Section 1 on page 3, line 23, between "all" and
"index", insert "discovered".
      (6)  In Section 1 on page 4, line 2, strike "seal or destroy,
as appropriate,"  and substitute "as appropriate and reasonably
feasible, seal or destroy".
      (7)  In Section 1 on page 4, line 10, insert:  "The
institution of a suit or bringing of a claim by or on behalf of the
former mental patient or the former patient's assignee or insurer
constitutes good cause."
      (8)  In Section 1 on page 4, lines 11-13, strike all before
Subdivision (1) of the Subsection and substitute:
      "Sec. 144.006  COLLATERAL EFFECTS OF ORDER.  (a)  A former
mental health patient who successfully petitions for an order under
this chapter and a facility, health care provider, or the owner,
operator, parent, or affiliate of a facility or health care
provider that is subject to an order under this chapter may deny."
      (9)  In Section 1 on page 4, lines 21-23, strike Subsection
(b) and substitute:
      "(b)  A former mental health patient who makes a denial under
Subsection (a) or a facility, health care provider, or the owner,
operator, parent, or affiliate of a facility or health care
provider that is subject to an order under this chapter and that
makes a denial under Subsection (a) is not liable for a civil or
criminal penalty for perjury."
      (10)  In Section 1 on page 5, line 1 strike "facility or
health care provider" and substitute "facility, health care
provider, or the owner, operator, parent, or affiliate of a
facility or health care provider."
      (11)  In Section 1 on page 5, between lines 7 and 8, insert a
new Subsection (c) to read:
      "(c)  A finding made under this chapter is not admissible
against any party in litigation to establish liability for damages,
expenses, or other relief as an alleged result of any treatment or
admission."
      (12)  In Section 1 on page 5, lines 14-15, strike Subsection
(3)(a) and substitute:
            "(3)  intentionally releases, disseminates, or
publishes a record or index reference subject to that order."
      (13)  In Section 1 on page 5, between lines 23 and 24, insert
a new Subsection (d) to read:
      "(d)  This chapter does not prohibit an attorney or insurer
of a provider or patient from retaining or communicating
confidentially about a privileged document as necessary to provide
legal advice regarding an actual or potential claim or issue. The
document or communication remains privileged and not subject to a
subpoena."
      (14)  In Section 2 on page 6, line 3, strike "on or before"
and substitute "under Chapter 144, Civil Practice and Remedies
Code, as added by this Act, between September 1, 1997, and".
      (15)  In Section 3 page 6, line 10, strike "a record created
before, on, or after that date" and insert "a record created
between January 1, 1986, and December 31, 1993, or a subsequently
created record that relates directly to a former mental patient's
admission to or treatment at a mental health facility between those
dates, and to which Chapter 144, Civil Practice and Remedies Code,
as added by this Act, applies."