1-1 AN ACT
1-2 relating to fees and costs for certain mental health proceedings.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 574.031, Health and Safety Code, is
1-5 amended by amending Subsection (h) and adding Subsections (j) and
1-6 (k) to read as follows:
1-7 (h) A judge who holds a hearing under this section in
1-8 hospitals or locations other than the county courthouse is entitled
1-9 to be reimbursed for the judge's reasonable and necessary expenses
1-10 related to holding a hearing at that location. The judge shall
1-11 furnish the presiding judge of the statutory probate courts or the
1-12 presiding judge of the administrative region, as appropriate, an
1-13 accounting of the expenses for certification. The presiding judge
1-14 shall provide a certification of expenses approved to the county
1-15 judge responsible for payment of costs under Section 571.018. [The
1-16 expenses shall be collected as court costs.]
1-17 (j) Notwithstanding other law, a judge who holds a hearing
1-18 under this section may assess for the judge's services a fee in an
1-19 amount not to exceed $50 as a court cost against the county
1-20 responsible for the payment of the costs of the hearing under
1-21 Section 571.018.
1-22 (k) Notwithstanding other law, a judge who holds a hearing
1-23 under this section may assess for the services of a prosecuting
1-24 attorney a fee in an amount not to exceed $50 as a court cost
2-1 against the county responsible for the payment of the costs of the
2-2 hearing under Section 571.018.
2-3 SECTION 2. Section 571.018(c), Health and Safety Code, is
2-4 amended to read as follows:
2-5 (c) Costs under this section include:
2-6 (1) attorney's fees;
2-7 (2) physician examination fees;
2-8 (3) compensation for court-appointed personnel listed
2-9 under Section 571.017; [and]
2-10 (4) expenses of transportation to a department mental
2-11 health facility or to a federal agency;
2-12 (5) costs and salary supplements authorized under
2-13 Sections 574.031(i) and (j); and
2-14 (6) prosecutor's fees authorized under Section
2-15 574.031(k).
2-16 SECTION 3. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended,
2-21 and that this Act take effect and be in force from and after its
2-22 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 591 was passed by the House on April
3, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 591 on May 29, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 591 was passed by the Senate, with
amendments, on May 27, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor