1-1 AN ACT
1-2 relating to modification of an order for outpatient mental health
1-3 services and the temporary detention of a patient pending hearing
1-4 on the modification.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 574.062, Health and Safety Code, is
1-7 amended by adding Subsections (d) and (e) to read as follows:
1-8 (d) The court shall set a date for a hearing on the motion
1-9 to be held not later than the seventh day after the date the motion
1-10 is filed. The court may grant one or more continuances of the
1-11 hearing on the motion by a party and for good cause shown or on
1-12 agreement of the parties. Except as provided by Subsection (e),
1-13 the court shall hold the hearing not later than the 14th day after
1-14 the date the motion is filed.
1-15 (e) If extremely hazardous weather conditions exist or a
1-16 disaster occurs that threatens the safety of the proposed patient
1-17 or other essential parties to the hearing, the court, by written
1-18 order made each day, may postpone the hearing for not more than 24
1-19 hours. The written order must declare that an emergency exists
1-20 because of the weather or the occurrence of a disaster.
1-21 SECTION 2. Section 574.064, Health and Safety Code, is
1-22 amended by amending Subsections (b)-(d) and adding Subsections (e)
1-23 and (f) to read as follows:
1-24 (b) A patient may be detained under a temporary detention
2-1 order for [not] more than 72 hours, excluding Saturdays, Sundays,
2-2 legal holidays, and the period prescribed by Section 574.025(b) for
2-3 an extreme emergency only if, after a hearing held before the
2-4 expiration of that period, the court, a magistrate, or a designated
2-5 master finds that there is probable cause to believe that:
2-6 (1) the patient meets the criteria described by
2-7 Section 574.065(a); and
2-8 (2) detention in an inpatient mental health facility
2-9 is necessary to evaluate the appropriate setting for continued
2-10 court-ordered services.
2-11 (c) If probable cause is found under Subsection (b), the
2-12 patient may be detained under the temporary detention until the
2-13 hearing set under Section 574.062 is completed.
2-14 (d) A facility administrator shall immediately release a
2-15 patient held under a temporary detention order if the facility
2-16 administrator does not receive notice that the patient's continued
2-17 detention is authorized:
2-18 (1) after a probable cause hearing held within 72
2-19 hours after the patient's detention begins; or
2-20 (2) after a modification hearing held within the
2-21 period prescribed by Section 574.062 [Subsection (b)].
2-22 (e) [(d)] A patient released from an inpatient mental health
2-23 facility under Subsection (d) [(c)] continues to be subject to the
2-24 order for court-ordered outpatient services, if the order has not
2-25 expired.
2-26 (f) A person detained under this section may not be detained
2-27 in a nonmedical facility used to detain persons charged with or
3-1 convicted of a crime.
3-2 SECTION 3. (a) This Act takes effect September 1, 1997, and
3-3 applies only to:
3-4 (1) the temporary detention of a person subject to a
3-5 court order for outpatient mental health services for which the
3-6 application is filed on or after that date; and
3-7 (2) a motion to modify an order for outpatient mental
3-8 health services filed on or after that date.
3-9 (b) An order for temporary detention or an order modifying
3-10 an order for outpatient mental health services for which the
3-11 application or motion is filed before September 1, 1997, is
3-12 governed by the law in existence on the date the application or
3-13 motion is filed. Those laws are continued in effect for those
3-14 purposes.
3-15 SECTION 4. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 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. 1312 was passed by the House on April
18, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1312 was passed by the Senate on May
8, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor