SRC-JFA H.B. 591 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 591
By: Thompson (Ellis)
Jurisprudence
4-18-97
Engrossed


DIGEST 

Currently, counties trying mental health cases for other counties have
been allowed to charge reasonable expenses and have a salary supplement
authorized by the commissioner court for conducting hearings at state and
private mental hospitals.  It is unclear under the law whether the mental
health judge's commissioners court or the commissioners court of the
county responsible for the hearing's cost should set the expenses or
supplement the out-of-county expenses.  This bill would provide that the
expenses reimbursed to a judge who holds such a hearing in locations other
than the county courthouse is set by the commissioners court of the county
responsible for the costs of the hearing and paid directly to the judge.
Additionally, this bill would require the commissioners court of the
county responsible for the costs of the hearing to set the amount of any
salary supplement for a judge who holds the hearing in locations other
than the county courthouse.  

PURPOSE

As proposed, H.B. 591 provides that the expenses reimbursed to a judge who
holds a hearing under Section 574.018(a), Health and Safety Code, in
locations other than the county courthouse is set by the commissioners
court in the county responsible for the costs of the hearing and paid
directly to the judge.  Additionally, this bill requires the commissioners
court of the county responsible for the costs of the hearing to set the
amount of any salary supplement for a judge who holds a hearing under
Section 571.018(a), Health and Safety Code, in locations other than the
county courthouse.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 574.031(h) and (i), Health and Safety Code, to
require certain expenses to be collected as court costs in an amount set
by the commissioners court of the county responsible for the costs of the
hearing under Section 571.018(a); and paid directly to the judge.
Authorizes a judge who holds hearings at locations other than the county
courthouse to receive a reasonable salary supplement in an amount set by
the commissioners court of the county responsible for the costs of the
hearing under Section 571.018(a) and paid directly to the judge.  

SECTION 2. Amends Section 574.031, Health and Safety Code, by adding
Subsection (j), to authorize a fee taxed as costs in an amount not to
exceed $25 to be assessed as a court cost by the judge trying a mental
health services case against a county responsible for payment of costs
under Section 571.018 for the services of a prosecuting attorney.   

SECTION 3. Amends Section 571.018(c), Health and Safety Code, to provide
that costs under this section include, among others, costs and salary
supplements as provided by Sections 574.031(h) and (i); and prosecutor's
fees as authorized under Section 574.031(j).  Makes conforming changes. 

SECTION 4. Emergency clause. 
  Effective date:  upon passage.