1-1 By: Thompson (Senate Sponsor - Ellis) H.B. No. 591
1-2 (In the Senate - Received from the House April 4, 1997;
1-3 April 8, 1997, read first time and referred to Committee on
1-4 Jurisprudence; April 23, 1997, reported favorably by the following
1-5 vote: Yeas 4, Nays 1; April 23, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to fees and costs for certain mental health proceedings.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Sections 574.031(h) and (i), Health and Safety
1-11 Code, are amended to read as follows:
1-12 (h) A judge who holds a hearing under this section in
1-13 hospitals or locations other than the county courthouse is entitled
1-14 to be reimbursed for the judge's reasonable and necessary expenses
1-15 related to holding a hearing at that location. The expenses shall
1-16 be:
1-17 (1) collected as court costs in an amount set by the
1-18 commissioners court of the county responsible for the costs of the
1-19 hearing under Section 571.018(a); and
1-20 (2) paid directly to the judge.
1-21 (i) A judge who holds hearings at locations other than the
1-22 county courthouse also may receive a reasonable salary supplement
1-23 in an amount set by the commissioners court of the county
1-24 responsible for the costs of the hearing under Section 571.018(a)
1-25 and paid directly to the judge.
1-26 SECTION 2. Section 574.031, Health and Safety Code, is
1-27 amended by adding Subsection (j) to read as follows:
1-28 (j) A fee taxed as costs in an amount not to exceed $25 may
1-29 be assessed as a court cost by the judge trying a mental health
1-30 services case against a county responsible for payment of costs
1-31 under Section 571.018 for the services of a prosecuting attorney.
1-32 SECTION 3. Section 571.018(c), Health and Safety Code, is
1-33 amended to read as follows:
1-34 (c) Costs under this section include:
1-35 (1) attorney's fees;
1-36 (2) physician examination fees;
1-37 (3) compensation for court-appointed personnel listed
1-38 under Section 571.017; [and]
1-39 (4) expenses of transportation to a department mental
1-40 health facility or to a federal agency;
1-41 (5) costs and salary supplements as provided by
1-42 Sections 574.031(h) and (i); and
1-43 (6) prosecutor's fees as authorized under Section
1-44 574.031(j).
1-45 SECTION 4. The importance of this legislation and the
1-46 crowded condition of the calendars in both houses create an
1-47 emergency and an imperative public necessity that the
1-48 constitutional rule requiring bills to be read on three several
1-49 days in each house be suspended, and this rule is hereby suspended,
1-50 and that this Act take effect and be in force from and after its
1-51 passage, and it is so enacted.
1-52 * * * * *