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.