1-1                                   AN ACT

 1-2     relating to court-ordered mental health services.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 574.007, Health and Safety Code, is

 1-5     amended by amending Subsection (b) and by adding Subsection (d) to

 1-6     read as follows:

 1-7           (b)  If the proposed patient's attorney requests the

 1-8     information at least 48 hours before the time set for the hearing,

 1-9     the county or district attorney shall, within a reasonable time

1-10     before the hearing, provide the attorney with a statement that

1-11     includes:

1-12                 (1)  the provisions of this subtitle that will be

1-13     relied on at the hearing to establish that the proposed patient

1-14     requires court-ordered temporary or extended inpatient mental

1-15     health services;

1-16                 (2)  the reasons voluntary outpatient services are not

1-17     considered appropriate for the proposed patient;

1-18                 (3) [(2)]  the name, address, and telephone number of

1-19     each witness who may testify at the hearing;

1-20                 (4) [(3)]  a brief description of the reasons [why]

1-21     court-ordered temporary or extended inpatient or outpatient, as

1-22     appropriate, mental health services are required; and

1-23                 (5) [(4)]  a list of any acts committed by the proposed

1-24     patient that the applicant will attempt to prove at the hearing.

 2-1           (d)  Except as provided by this subsection, not later than 48

 2-2     hours before the time set for the hearing on the petition for

 2-3     commitment, the county or district attorney shall inform the

 2-4     proposed patient through the proposed patient's attorney whether

 2-5     the county or district attorney will request that the proposed

 2-6     patient be committed to inpatient services or outpatient services.

 2-7     The proposed patient, the proposed patient's attorney, and the

 2-8     county or district attorney may agree to waive the requirement of

 2-9     this subsection.  The waiver must be made by the proposed patient:

2-10                 (1)  orally and in the presence of the court; or

2-11                 (2)  in writing and signed and sworn to under oath by

2-12     the proposed patient and the proposed patient's attorney.

2-13           SECTION 2.  Section 574.011(a), Health and Safety Code, is

2-14     amended to read as follows:

2-15           (a)  A certificate of medical examination for mental illness

2-16     must be sworn to, dated, and signed by the examining physician.

2-17     The certificate must include:

2-18                 (1)  the name and address of the examining physician;

2-19                 (2)  the name and address of the person examined;

2-20                 (3)  the date and place of the examination;

2-21                 (4)  a brief diagnosis of the examined person's

2-22     physical and mental condition;

2-23                 (5)  the period, if any, during which the examined

2-24     person has been under the care of the examining physician;

2-25                 (6)  an accurate description of the mental health

2-26     treatment, if any, given by or administered under the direction of

2-27     the examining physician;  and

 3-1                 (7)  the examining physician's opinion that:

 3-2                       (A)  the examined person is mentally ill;  and

 3-3                       (B)  as a result of that illness the examined

 3-4     person[:]

 3-5                             [(i)]  is likely to cause serious harm to

 3-6     himself or[;]

 3-7                             [(ii)  is likely to cause serious harm] to

 3-8     others[;] or is:

 3-9                             (i)  suffering [(iii)  will, if not

3-10     treated, continue to suffer] severe and abnormal mental, emotional,

3-11     or physical distress;

3-12                             (ii)  experiencing substantial mental or

3-13     physical[, will continue to experience] deterioration of his

3-14     ability to function independently, which is exhibited by the

3-15     proposed patient's  inability, except for reasons of indigence, to

3-16     provide for the proposed patient's basic needs, including food,

3-17     clothing, health, or safety; and

3-18                             (iii)  not able [and is unable] to make a

3-19     rational and informed decision as to whether [or not] to submit to

3-20     treatment.

3-21           SECTION 3.  Section 574.012, Health and Safety Code, is

3-22     amended by adding a new Subsection (d) and redesignating existing

3-23     Subsections (d)-(f) as (e)-(g) to read as follows:

3-24           (d)  If outpatient treatment is recommended, the entity will

3-25     also file a statement as to whether the proposed mental health

3-26     services are available through:

3-27                 (1)  the local mental health authority because:

 4-1                       (A)  the proposed patient is a member of a

 4-2     priority population identified for those mental health services in

 4-3     the department's long-range plan; and

 4-4                       (B)  that sufficient resources to provide the

 4-5     necessary services are available; and

 4-6                 (2)  another mental health services provider and that

 4-7     sufficient resources to provide the necessary services are

 4-8     available.

 4-9           (e) [(d)]  The hearing on an application may not be held

4-10     before the recommendation for treatment is filed unless the court

4-11     determines that an emergency exists.

4-12           (f) [(e)]  This section does not relieve a county of its

4-13     responsibility under other provisions of this subtitle to diagnose,

4-14     care for, or treat persons with mental illness.

4-15           (g) [(f)]  This section does not apply to a person for whom

4-16     treatment in a private mental health facility is proposed.

4-17           SECTION 4.  Subchapter A, Chapter 574, Health and Safety

4-18     Code, is amended by adding Section 574.014 to read as follows:

4-19           Sec. 574.014.  COMPILATION OF MENTAL HEALTH COMMITMENT

4-20     RECORDS.  (a)  The clerk of each court with jurisdiction to order

4-21     commitment under this chapter shall provide the Office of Court

4-22     Administration each month with a report of the number of

4-23     applications for commitment orders for involuntary mental health

4-24     services filed with the court and the disposition of those cases,

4-25     including the number of commitment orders for inpatient and

4-26     outpatient mental health services.  The Office of Court

4-27     Administration shall make the reported information available to the

 5-1     department annually.

 5-2           (b)  Subsection (a) does not require the production of

 5-3     confidential information or information protected under Section

 5-4     571.015.

 5-5           SECTION 5.  Section 574.034, Health and Safety Code, is

 5-6     amended to read as follows:

 5-7           Sec. 574.034.  ORDER FOR TEMPORARY MENTAL HEALTH SERVICES.

 5-8     (a)  The judge [or jury] may order [determine that] a proposed

 5-9     patient to receive [requires] court-ordered temporary inpatient

5-10     mental health services only if the judge or jury finds, from clear

5-11     and convincing evidence, that:

5-12                 (1)  the proposed patient is mentally ill; and

5-13                 (2)  as a result of that mental illness the proposed

5-14     patient:

5-15                       (A)  is likely to cause serious harm to himself;

5-16                       (B)  is likely to cause serious harm to others;

5-17     or

5-18                       (C)  is:

5-19                             (i)  suffering [will, if not treated,

5-20     continue to suffer] severe and abnormal mental, emotional, or

5-21     physical distress;

5-22                             (ii)  experiencing substantial mental or

5-23     physical[, will continue to experience] deterioration of the

5-24     proposed patient's [his] ability to function independently, which

5-25     is exhibited by the proposed patient's inability, except for

5-26     reasons of indigence, to provide for the proposed patient's basic

5-27     needs, including food, clothing, health, or safety; and

 6-1                             (iii)  [, and is] unable to make a rational

 6-2     and informed decision as to whether or not to submit to treatment.

 6-3           (b)  The judge may order a proposed patient to receive

 6-4     court-ordered temporary outpatient mental health services only if:

 6-5                 (1)  the judge finds that appropriate mental health

 6-6     services are available to the patient; and

 6-7                 (2)  the judge or jury finds, from clear and convincing

 6-8     evidence, that:

 6-9                       (A)  the proposed patient is mentally ill;

6-10                       (B)  the nature of the mental illness is severe

6-11     and persistent;

6-12                       (C)  as a result of the mental illness, the

6-13     proposed patient will, if not treated, continue to:

6-14                             (i)  suffer severe and abnormal mental,

6-15     emotional, or physical distress; and

6-16                             (ii)  experience deterioration of the

6-17     ability to function independently to the extent that the proposed

6-18     patient will be unable to live safely in the community without

6-19     court-ordered outpatient mental health services; and

6-20                       (D)  the proposed patient has an inability to

6-21     participate in outpatient treatment services effectively and

6-22     voluntarily, demonstrated by:

6-23                             (i)  any of the proposed patient's actions

6-24     occurring within the two-year period which immediately precedes the

6-25     hearing; or

6-26                             (ii)  specific characteristics of the

6-27     proposed patient's clinical condition that make impossible a

 7-1     rational and informed decision whether to submit to voluntary

 7-2     outpatient treatment.

 7-3           (c)  If the judge or jury finds that the proposed patient

 7-4     meets the commitment criteria prescribed by Subsection (a), the

 7-5     [The] judge or jury must specify which criterion listed in

 7-6     Subsection (a)(2) forms the basis for the decision.

 7-7           (d) [(c)]  To be clear and convincing under Subsection (a)

 7-8     [this section], the evidence must include expert testimony and,

 7-9     unless waived, evidence of a recent overt act or a continuing

7-10     pattern of behavior that tends to confirm:

7-11                 (1)  the likelihood of serious harm to the proposed

7-12     patient or others; or

7-13                 (2)  the proposed patient's distress and the

7-14     deterioration of the proposed patient's ability to function.

7-15           (e)  To be clear and convincing under Subdivision (b)(2), the

7-16     evidence must include expert testimony and, unless waived, evidence

7-17     of a recent overt act or a continuing pattern of behavior that

7-18     tends to confirm:

7-19                 (1)  [or]  the proposed patient's distress;

7-20                 (2)  [and] the deterioration of ability to function

7-21     independently to the extent that the proposed patient will be

7-22     unable to live safely in the community; and

7-23                 (3)  the proposed patient's inability to participate in

7-24     outpatient treatment services effectively and voluntarily.

7-25           (f) [(d)]  The proposed patient and the proposed patient's

7-26     attorney, by a written document filed with the court, may waive the

7-27     right to cross-examine witnesses, and, if that right is waived, the

 8-1     court may admit, as evidence, the certificates of medical

 8-2     examination for mental illness.  The certificates admitted under

 8-3     this subsection constitute competent medical or psychiatric

 8-4     testimony, and the court may make its findings solely from the

 8-5     certificates.  If the proposed patient and the proposed patient's

 8-6     attorney do not waive in writing the right to cross-examine

 8-7     witnesses, the court shall proceed to hear testimony.  The

 8-8     testimony must include competent medical or psychiatric testimony.

 8-9     In addition, the court may consider the testimony of a nonphysician

8-10     mental health professional as provided by Section 574.031(f).

8-11           (g) [(e)]  An order for temporary inpatient or outpatient

8-12     mental health services shall state that treatment is authorized for

8-13     not longer than 90 days.  The order may not specify a shorter

8-14     period.

8-15           (h) [(f)]  A judge may not issue an order for temporary

8-16     inpatient or outpatient mental health services for a proposed

8-17     patient who is charged with a criminal offense that involves an

8-18     act, attempt, or threat of serious bodily injury to another person.

8-19           (i)  A judge may advise, but may not compel, the proposed

8-20     patient to:

8-21                 (1)  receive treatment with psychoactive medication as

8-22     specified by the outpatient mental health services treatment plan;

8-23                 (2)  participate in counseling; and

8-24                 (3)  refrain from the use of alcohol or illicit drugs.

8-25           SECTION 6.  Section 574.035, Health and Safety Code, is

8-26     amended to read as follows:

8-27           Sec. 574.035.  ORDER FOR EXTENDED MENTAL HEALTH SERVICES.

 9-1     (a)  The [jury, or the] judge [if the right to a jury is waived,]

 9-2     may order [determine that] a proposed patient to receive [requires]

 9-3     court-ordered extended inpatient mental health services only if the

 9-4     jury, or the judge if the right to a jury is waived, finds, from

 9-5     clear and convincing evidence, that:

 9-6                 (1)  the proposed patient is mentally ill;

 9-7                 (2)  as a result of that mental illness the proposed

 9-8     patient:

 9-9                       (A)  is likely to cause serious harm to himself;

9-10                       (B)  is likely to cause serious harm to others;

9-11     or

9-12                       (C)  is:

9-13                             (i)  suffering [will, if not treated,

9-14     continue to suffer] severe and abnormal mental, emotional, or

9-15     physical distress;

9-16                             (ii)  experiencing substantial mental or

9-17     physical [, will continue to experience] deterioration of the

9-18     proposed patient's [his] ability to function independently, which

9-19     is exhibited by the proposed patient's inability, except for

9-20     reasons of indigence, to provide for the proposed patient's basic

9-21     needs, including food, clothing, health, or safety; and

9-22                             (iii)  [is] unable to make a rational and

9-23     informed decision as to whether or not to submit to treatment;

9-24                 (3)  the proposed patient's condition is expected to

9-25     continue for more than 90 days; and

9-26                 (4)  the proposed patient has received court-ordered

9-27     inpatient mental health services under this subtitle or under

 10-1    Section 5, Article 46.02, Code of Criminal Procedure, for at least

 10-2    60 consecutive days during the preceding 12 months.

 10-3          (b)  The judge may order a proposed patient to receive

 10-4    court-ordered extended outpatient mental health services only if:

 10-5                (1)  the judge finds that appropriate mental health

 10-6    services are available to the patient; and

 10-7                (2)  the jury, or the judge if the right to a jury is

 10-8    waived, finds from clear and convincing evidence that:

 10-9                      (A)  the proposed patient is mentally ill;

10-10                      (B)  the nature of the mental illness is severe

10-11    and persistent;

10-12                      (C)  as a result of the mental illness, the

10-13    proposed patient will, if not treated, continue to:

10-14                            (i)  suffer severe and abnormal mental,

10-15    emotional, or physical distress; and

10-16                            (ii)  experience deterioration of the

10-17    ability to function independently to the extent that the proposed

10-18    patient will be unable to live safely in the community without

10-19    court-ordered outpatient mental health services;

10-20                      (D)  the proposed patient has an inability to

10-21    participate in outpatient treatment services effectively or

10-22    voluntarily, demonstrated by:

10-23                            (i)  any of the proposed patient's actions

10-24    occurring within the two-year period which immediately precedes the

10-25    hearing; or

10-26                            (ii)  specific characteristics of the

10-27    proposed patient's clinical condition that make impossible a

 11-1    rational and informed decision whether to submit to voluntary

 11-2    outpatient treatment;

 11-3                      (E)  the proposed patient's condition is expected

 11-4    to continue for more than 90 days; and

 11-5                      (F)  the proposed patient has received

 11-6    court-ordered inpatient mental health services under this subtitle

 11-7    or under Section 5, Article 46.02, Code of Criminal Procedure, for

 11-8    at least 60 consecutive days during the preceding 12 months.

 11-9          (c)  If the jury or judge finds that the proposed patient

11-10    meets the commitment criteria prescribed by Subsection (a), the

11-11    [The] jury or judge must specify which criterion listed in

11-12    Subsection (a)(2) forms the basis for the decision.

11-13          (d) [(c)]  The jury or judge is not required to make the

11-14    finding under Subsection (a)(4) or (b)(2)(F) if the proposed

11-15    patient has already been subject to an order for extended mental

11-16    health services.

11-17          (e) [(d)]  To be clear and convincing under Subsection (a)

11-18    [this section], the evidence must include expert testimony and

11-19    evidence of a recent overt act or a continuing pattern of behavior

11-20    that tends to confirm:

11-21                (1)  the likelihood of serious harm to the proposed

11-22    patient or others; or

11-23                (2)  the proposed patient's distress and the

11-24    deterioration of the proposed patient's ability to function.

11-25          (f)  To be clear and convincing under Subdivision (b)(2), the

11-26    evidence must include expert testimony and evidence of a recent

11-27    overt act or a continuing pattern of behavior that tends to

 12-1    confirm:

 12-2                (1)  [or]  the proposed patient's distress;

 12-3                (2)  [and] the deterioration of ability to function

 12-4    independently to the extent that the proposed patient will be

 12-5    unable to live safely in the community; and

 12-6                (3)  the proposed patient's inability to participate in

 12-7    outpatient treatment services effectively and voluntarily.

 12-8          (g) [(e)]  The court may not make its findings solely from

 12-9    the certificates of medical examination for mental illness but

12-10    shall hear testimony.  The court may not enter an order for

12-11    extended mental health services unless appropriate findings are

12-12    made and are supported by testimony taken at the hearing.  The

12-13    testimony must include competent medical or psychiatric testimony.

12-14          (h) [(f)]  An order for extended inpatient or outpatient

12-15    mental health services shall state that treatment is authorized for

12-16    not longer than 12 months.  The order may not specify a shorter

12-17    period.

12-18          (i) [(g)]  A judge may not issue an order for extended

12-19    inpatient or outpatient mental health services for a proposed

12-20    patient who is charged with a criminal offense that involves an

12-21    act, attempt, or threat of serious bodily injury to another person.

12-22          (j)  A judge may advise, but may not compel, the proposed

12-23    patient to:

12-24                (1)  receive treatment with psychoactive medication as

12-25    specified by the outpatient mental health services treatment plan;

12-26                (2)  participate in counseling; and

12-27                (3)  refrain from the use of alcohol or illicit drugs.

 13-1          SECTION 7.  Section 574.036(e), Health and Safety Code, is

 13-2    amended to read as follows:

 13-3          (e)  The judge may enter an order:

 13-4                (1)  committing the person to a mental health facility

 13-5    for inpatient care if the trier of fact finds that the person meets

 13-6    the commitment criteria prescribed by Section 574.034(a) or

 13-7    574.035(a); or

 13-8                (2)  committing the person to outpatient mental health

 13-9    services if the trier of fact finds that the person meets the

13-10    commitment criteria prescribed by Section 574.034(b) or 574.035(b)

13-11    [requiring the person to participate in other mental health

13-12    services, including community center programs and services provided

13-13    by a private psychiatrist or psychologist].

13-14          SECTION 8.  Section 574.065(a), Health and Safety Code, is

13-15    amended to read as follows:

13-16          (a)  The court may modify an order for outpatient services at

13-17    the modification hearing if the court determines that the patient

13-18    meets [continues to meet] the applicable criteria for court-ordered

13-19    mental health services prescribed by Section 574.034(a) [574.034]

13-20    or 574.035(a) [574.035 and that:]

13-21                [(1)  the patient has not complied with the court's

13-22    order; or]

13-23                [(2)  the patient's condition has deteriorated to the

13-24    extent that outpatient services are no longer appropriate].

13-25          SECTION 9.  This Act takes effect September 1, 1997, and

13-26    applies to a commitment proceeding that begins on or after that

13-27    date.  A commitment proceeding that begins before the effective

 14-1    date of this Act is governed by the law in existence on the date

 14-2    the proceeding began, and that law is continued in effect for that

 14-3    purpose.

 14-4          SECTION 10.  The importance of this legislation and the

 14-5    crowded condition of the calendars in both houses create an

 14-6    emergency and an imperative public necessity that the

 14-7    constitutional rule requiring bills to be read on three several

 14-8    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1039 was passed by the House on April

         25, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 1039 on May 22, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1039 was passed by the Senate, with

         amendments, on May 20, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor