SRC-SLL H.B. 1312 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1312
By: Naishtat (Moncrief)
Jurisprudence
5-1-97
Engrossed


DIGEST 

Currently, provisions for the modification of orders for outpatient mental
health treatment require a hearing to be held within 72 hours of the filed
motion, excluding weekends and extreme emergencies.  Having to prepare for
a hearing in such a short time frame hinders the administration of justice
by hampering the court's and the prosecutor's ability to prepare for the
hearing. Additionally, a patient may be extremely debilitated during the
first 72 hours of  detention, but may stabilize by the end of a week.
Holding the hearing at the end of a week would serve the patient's best
interest while saving counties the cost of an inpatient commitment.  This
bill will provide additional regulations regarding the modification of an
order for outpatient mental health services and the temporary detention of
a patient pending a hearing on the modification. 

PURPOSE

As proposed, H.B. 1312 provides additional regulations regarding the
modification of an order for outpatient mental health services and the
temporary detention of a patient pending a hearing on the modification. 

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 Section 574.062, Health and Safety Code, by adding
Subsections (d) and (e), to require the court to set a date for a hearing
on the motion to be held within a certain time period. Authorizes the
court to grant one or more continuances of the hearing on the motion by a
party and for a good cause shown or on agreement of the parties.  Requires
the court, except as provided by Subsection (e), to hold the hearing not
later than the 14th day after the date the motion is filed. Authorizes the
court, by written order made each day, to postpone the hearing for not
more than 24 hours, if extremely hazardous weather conditions exist or a
disaster occurs that threatens the safety of the proposed patient or other
essential parties to the hearing.  Requires the written order to declare
that an emergency exists because of the weather or the occurrence of a
disaster. 

SECTION 2. Amends Section 574.064, Health and Safety Code, by amending
Subsections (b)-(d), and adding Subsections (e) and (f), to authorize a
patient to be detained under a temporary detention order for a certain
time period for an extreme emergency only if, after a hearing held before
the expiration of that period, the court, a magistrate, or a designated
master finds that there is probable cause to believe that the patient
meets certain criteria.  Authorizes the patient to be detained under the
temporary detention until the hearing set under Section 574.062 is
completed if probable cause is found under Subsection (b).  Prohibits a
person detained under this section from being detained in a nonmedical
facility used to detain persons charged with or convicted of a crime.
Makes conforming changes. 

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.