1-1 By: Hirschi (Senate Sponsor - Moncrief) H.B. No. 911
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 Health
1-4 and Human Services; May 1, 1997, reported favorably by the
1-5 following vote: Yeas 11, Nays 0; May 1, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the management of persons with communicable diseases.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Sections 81.151(a) and (d), Health and Safety
1-11 Code, are amended to read as follows:
1-12 (a) At the request of the health authority [or the
1-13 department], a municipal, county, or district attorney shall [may]
1-14 file a sworn written application for a court order for the
1-15 management of a person with a communicable disease. At the request
1-16 of the department, the attorney general shall file a sworn written
1-17 application for a court order for the management of a person with a
1-18 communicable disease.
1-19 (d) A copy of written orders made under Section 81.083 and a
1-20 medical evaluation must be filed with the application, except that
1-21 a copy of the written orders need not be filed with an application
1-22 for outpatient treatment.
1-23 SECTION 2. Section 81.152(c), Health and Safety Code, is
1-24 amended to read as follows:
1-25 (c) Any application must contain the following information
1-26 according to the applicant's information and belief:
1-27 (1) the person's name and address;
1-28 (2) the person's county of residence in this state;
1-29 (3) a statement that the person is infected with or is
1-30 reasonably suspected of being infected with a communicable disease
1-31 that presents a threat to public health and that the person meets
1-32 the criteria of this chapter for court orders for the management of
1-33 a person with a communicable disease; and
1-34 (4) a statement, to be included only in an application
1-35 for inpatient treatment, that the person fails or refuses to comply
1-36 with written orders of the department or health authority under
1-37 Section 81.083.
1-38 SECTION 3. Sections 81.154(a) and (c), Health and Safety
1-39 Code, are amended to read as follows:
1-40 (a) The judge or a magistrate designated under this chapter
1-41 shall set a date for a hearing to be held within 14 days after the
1-42 date on which the application is served on the person [filed].
1-43 (c) The court may grant one or more continuances of the
1-44 hearing on the motion by a party and for good cause shown or on
1-45 agreement of the parties. However, the hearing shall be held not
1-46 later than the 30th day after the date on which the original
1-47 application is served on the person [filed].
1-48 SECTION 4. Sections 81.156(a) and (b), Health and Safety
1-49 Code, are amended to read as follows:
1-50 (a) The person's attorney may request information from the
1-51 attorney general or the municipal, county, or district attorney, as
1-52 appropriate, in accordance with this section if the attorney cannot
1-53 otherwise obtain the information. The attorney must request the
1-54 information at least 48 hours before the time set for the hearing.
1-55 (b) If the person's attorney requests the information in
1-56 accordance with Subsection (a), the attorney general or the
1-57 municipal, county, or district attorney shall, within a reasonable
1-58 time before the hearing, provide the attorney with a statement that
1-59 includes:
1-60 (1) the provisions of this chapter that will be relied
1-61 on at the hearing to establish that the person requires a court
1-62 order for the temporary or extended management of a person with a
1-63 communicable disease;
1-64 (2) the name, address, and telephone number of each
2-1 witness who may testify at the hearing;
2-2 (3) a brief description of the reasons why temporary
2-3 or extended management is required; and
2-4 (4) a list of any acts committed by the person that
2-5 the applicant will attempt to prove at the hearing.
2-6 SECTION 5. Section 81.157, Health and Safety Code, is
2-7 amended to read as follows:
2-8 Sec. 81.157. District Court Jurisdiction. (a) A proceeding
2-9 under this chapter must be held in a district court of the county
2-10 in which the person is found, resides, or is receiving
2-11 court-ordered health services.
2-12 (b) If a person subject to an order for temporary management
2-13 is receiving services in a county other than the county in which
2-14 the court that entered the temporary order is located and requires
2-15 extended management, the county in which the temporary order was
2-16 issued shall pay the expenses of transporting the person back to
2-17 the county for the hearing unless the court that entered the
2-18 temporary order arranges with the appropriate court in the county
2-19 in which the person is receiving services to hold the hearing on
2-20 the application for extended order before the temporary order
2-21 expires.
2-22 SECTION 6. Section 81.159, Health and Safety Code, is
2-23 amended to read as follows:
2-24 Sec. 81.159. DESIGNATION OF FACILITY [RECOMMENDATION FOR
2-25 TREATMENT]. (a) The commissioner shall designate health care
2-26 facilities throughout the state that are capable of providing
2-27 services for the examination, observation, isolation, or treatment
2-28 of persons having or suspected of having a communicable disease.
2-29 However, the commissioner may not designate a nursing home or
2-30 custodial care home required to be licensed under Chapter 242.
2-31 (b) The health authority shall select a designated facility
2-32 in the county in which the application is filed. If no facility is
2-33 designated in the county, the commissioner shall select the
2-34 facility.
2-35 (c) [The court shall direct the facility to file, before the
2-36 date set for the hearing, a recommendation for the person's
2-37 treatment.]
2-38 [(d) The hearing on an application may not be held before
2-39 the recommendation for treatment is filed unless the court
2-40 determines that an emergency exists.]
2-41 [(e)] This section does not relieve a county of its
2-42 responsibility under other provisions of this chapter or applicable
2-43 law for providing health care services.
2-44 (d) [(f)] A designated facility must comply with this
2-45 section only to the extent that the commissioner determines that
2-46 the facility has sufficient resources to perform the necessary
2-47 services.
2-48 (e) [(g)] This section does not apply to a person for whom
2-49 treatment in a private health facility is proposed.
2-50 SECTION 7. Section 81.161(b), Health and Safety Code, is
2-51 amended to read as follows:
2-52 (b) The motion may be filed by the municipal, county, or
2-53 district attorney on behalf of the [department or] health
2-54 authority. The motion shall be filed by the attorney general at
2-55 the request of the department.
2-56 SECTION 8. Section 81.167(c), Health and Safety Code, is
2-57 amended to read as follows:
2-58 (c) A person under a protective custody order may [not] be
2-59 detained in a nonmedical facility used to detain persons who are
2-60 charged with or convicted of a crime only with the consent of the
2-61 medical director of the facility and only if the facility has
2-62 respiratory isolation capability for airborne communicable
2-63 diseases. The person may not be detained in a nonmedical facility
2-64 under this subsection [unless an extreme emergency exists and in no
2-65 case] for longer than 72 hours, excluding Saturdays, Sundays, legal
2-66 holidays, and the period prescribed by Section 81.165(b) for an
2-67 extreme weather emergency. The person must be isolated from any
2-68 person who is charged with or convicted of a crime.
2-69 SECTION 9. Section 81.170(f), Health and Safety Code, is
3-1 amended to read as follows:
3-2 (f) The jury shall determine if the person is infected with
3-3 or is reasonably suspected of being infected with a communicable
3-4 disease that presents a threat to the public health and, if the
3-5 application is for inpatient treatment, has refused or failed to
3-6 follow the orders of the health authority. The jury may not make a
3-7 finding about the type of services to be provided to the person.
3-8 SECTION 10. Section 81.171(a), Health and Safety Code, is
3-9 amended to read as follows:
3-10 (a) The court shall enter an order denying an application
3-11 for a court order for temporary or extended management if after a
3-12 hearing the judge or jury fails to find, from clear and convincing
3-13 evidence, that the person:
3-14 (1) is infected with or is reasonably suspected of
3-15 being infected with a communicable disease that presents a threat
3-16 to the public health;
3-17 (2) [,] has refused or failed to follow the orders of
3-18 the health authority if the application is for inpatient treatment;
3-19 and
3-20 (3) [, and] meets the applicable criteria for orders
3-21 for the management of a person with a communicable disease.
3-22 SECTION 11. Section 81.172, Health and Safety Code, is
3-23 amended by amending Subsection (a) and adding Subsection (e) to
3-24 read as follows:
3-25 (a) The judge or jury may determine that a person requires
3-26 court-ordered examination, observation, isolation, or treatment
3-27 only if the judge or jury finds, from clear and convincing
3-28 evidence, that:
3-29 (1) the person is infected with or is reasonably
3-30 suspected of being infected with a communicable disease that
3-31 presents a threat to the public health and, if the application is
3-32 for inpatient treatment, has failed or refused to follow the orders
3-33 of the health authority or department; and
3-34 (2) as a result of the communicable disease the
3-35 person:
3-36 (A) is likely to cause serious harm to himself;
3-37 or
3-38 (B) will, if not examined, observed, isolated,
3-39 or treated, continue to endanger public health.
3-40 (e) The department, with the cooperation of the head of the
3-41 facility, shall submit to the court a general program of treatment
3-42 to be provided. The program must be submitted not later than the
3-43 14th day after the date the order is issued and must be
3-44 incorporated into the court order.
3-45 SECTION 12. Section 81.173, Health and Safety Code, is
3-46 amended by amending Subsection (a) and adding Subsection (e) to
3-47 read as follows:
3-48 (a) The jury, or the judge if the right to a jury is waived,
3-49 may determine that a proposed patient requires court-ordered
3-50 examination, observation, isolation, or treatment only if the jury
3-51 or judge finds, from clear and convincing evidence, that:
3-52 (1) the person is infected with a communicable disease
3-53 that presents a threat to the public health and, if the application
3-54 is for inpatient treatment, has failed to follow the orders of the
3-55 health authority or department;
3-56 (2) as a result of that communicable disease the
3-57 person:
3-58 (A) is likely to cause serious harm to himself;
3-59 or
3-60 (B) will, if not examined, observed, isolated,
3-61 or treated, continue to endanger public health; and
3-62 (3) the person's condition is expected to continue for
3-63 more than 90 days.
3-64 (e) The department, with the cooperation of the head of the
3-65 facility, shall submit to the court a general program of treatment
3-66 to be provided. The program must be submitted not later than the
3-67 14th day after the date the order is issued and must be
3-68 incorporated into the court order.
3-69 SECTION 13. Section 81.174(a), Health and Safety Code, is
4-1 amended to read as follows:
4-2 (a) The judge shall dismiss the jury, if any, after a
4-3 hearing in which a person is found:
4-4 (1) to be infected with or reasonably suspected of
4-5 being infected with a communicable disease;
4-6 (2) [,] to have failed or refused to follow the orders
4-7 of a health authority or the department if the application is for
4-8 inpatient treatment;[,] and
4-9 (3) to meet the criteria for orders for the management
4-10 of a patient with a communicable disease.
4-11 SECTION 14. Section 81.179(a), Health and Safety Code, is
4-12 amended to read as follows:
4-13 (a) The court shall order [may authorize] the sheriff or
4-14 constable to transport the person to the designated health care
4-15 facility.
4-16 SECTION 15. Section 81.182(a), Health and Safety Code, is
4-17 amended to read as follows:
4-18 (a) At the request of the [The] health authority, a
4-19 municipal, county, or district attorney, as appropriate, shall
4-20 [department, or head of a facility to which a person is committed
4-21 for inpatient health services may] request the court that entered
4-22 the commitment order to modify the order to provide for outpatient
4-23 care. At the request of the department, the attorney general shall
4-24 request the court that entered the commitment order to modify the
4-25 order to provide for outpatient care.
4-26 SECTION 16. Section 81.183(a), Health and Safety Code, is
4-27 amended to read as follows:
4-28 (a) The court that entered an order directing a person to
4-29 participate in outpatient health services may set a hearing to
4-30 determine if the order should be modified in a way that is a
4-31 substantial deviation from the original program of treatment
4-32 incorporated in the court's order. The court may set the hearing
4-33 on its own motion, on the motion of a municipal, county, or
4-34 district attorney at the request of the health authority, on the
4-35 motion of the attorney general at the request of the [or]
4-36 department, or at the request of any other interested person.
4-37 SECTION 17. Section 81.184(a), Health and Safety Code, is
4-38 amended to read as follows:
4-39 (a) At the request of the [The] health authority, a
4-40 municipal, county, or district attorney, as appropriate, shall
4-41 [department, or head of an outpatient facility in which the person
4-42 receives treatment may] file a sworn application for the person's
4-43 temporary detention pending a modification hearing under Section
4-44 81.183. At the request of the department, the attorney general
4-45 shall file a sworn application for the person's temporary detention
4-46 pending a modification hearing under Section 81.183.
4-47 SECTION 18. Section 81.187(a), Health and Safety Code, is
4-48 amended to read as follows:
4-49 (a) A municipal, county, or district attorney, as
4-50 appropriate, at the request of the health authority, shall [or
4-51 department, may] file an application to renew an order for extended
4-52 management. At the request of the department, the attorney general
4-53 shall file an application to renew an order for extended
4-54 management.
4-55 SECTION 19. Subchapter G, Chapter 81, Health and Safety
4-56 Code, is amended by adding Section 81.210 to read as follows:
4-57 Sec. 81.210. COSTS. (a) A county shall pay the costs for a
4-58 hearing or proceeding under this subchapter if a health authority:
4-59 (1) initiates an application for a court order under
4-60 Section 81.151; or
4-61 (2) has an application for court-ordered management
4-62 transferred to it under Section 81.157.
4-63 (b) Costs under this section include:
4-64 (1) attorney's fees;
4-65 (2) physician examination fees;
4-66 (3) compensation for court-ordered personal services;
4-67 (4) security; and
4-68 (5) expenses of transportation to a designated
4-69 facility.
5-1 (c) A county is entitled to reimbursement for costs actually
5-2 paid by the county from:
5-3 (1) the person who is the subject of the application;
5-4 or
5-5 (2) a person or estate liable for the person's
5-6 support.
5-7 (d) The department shall pay the costs of returning a person
5-8 absent without authorization unless the person is able to pay the
5-9 costs.
5-10 SECTION 20. This Act applies only to an application for a
5-11 court order for the management of a person with a communicable
5-12 disease filed on or after the effective date of this Act.
5-13 SECTION 21. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house be suspended, and this rule is hereby suspended,
5-18 and that this Act take effect and be in force from and after its
5-19 passage, and it is so enacted.
5-20 * * * * *