baa H.B. 591 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 591
By: Thompson
3-5-97
Committee Report (Amended)



BACKGROUND 

 Since 1989, counties trying mental health cases for other counties as a
courtesy have been allowed, in addition to other chargeable costs such as
filing fees, service fees, ad litem fees and probable cause hearing master
fees, to charge reasonable expenses and have a salary supplement
authorized by the commissioners court for conducting hearings at state and
private mental hospitals. The statute is unclear whether the mental health
judge's commissioners court or the commissioners court of the county
responsible for the hearing's cost should set the expense or supplement
for trying the out-of-county case.  Some feel these fees should be set by
the county responsible for the services and paid directly to the judge.
This prevents the county whose judge provides the service from being in
complete control of the cost.  Furthermore, if the fees set by the county
responsible for the cost is too low, the judge requested can simply choose
not to try the case. 


PURPOSE

 The purpose of this bill is to provide that the expenses reimbursed to a
judge who holds a hearing under this section 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.
It also provides that the commissioners court  of the county  responsible
for the costs of the hearing shall set the amount of any salary supplement
for to a judge who holds a hearing under this section in locations other
than the county courthouse. 


RULEMAKING AUTHORITY

 It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

 SECTION 1 amends Sections 574.031(h) and (i) of the Health and Safety
Code. 
 Subsection (h) is amended to provide that the expenses reimbursed to a
judge who holds a hearing under this section in locations other than the
county courthouse is set by the commissioners court of the county
responsible for the costs of the hearing and that such expenses be paid
directly to the judge. 
 Subsec. (i) is amended to provide that the commissioners court  of the
county responsible for the costs of the hearing shall set the amount of
any salary supplement for a judge who holds a hearing under this section
in locations other than the county courthouse. 

 SECTION 2. Emergency clause.  Effective date. 


EXPLANATION OF AMENDMENTS

 Committee Amendment No. 1 has four parts.  Part (1) makes a conforming
change to the amended language of  Health and Safety Code ' 574.031(i) in
Section 1 of the bill by adding "and  paid directly to the judge."  Part
(2) adds a new Section 2 to the bill which adds a new Subsec. (j) to
Health and Safety Code ' 574.031 to authorize a prosecutorial service fee
not to exceed $25 to be assessed against a county not employing the
prosecutor.  Part (3) adds a new Section 3 to the bill to add new
Paragraphs (5) and (6) to Health and Safety Code ' 571.018(c), which lists
charges which may be collected as costs in a mental health hearing, to
include costs and salary supplements listed in Section 1 of the bill and
the prosecutor fees added by Section 2 of this amendment.  Part (4) of the
amendment renumbers Section 2 of the bill as Section 4.