1-1 By: Naishtat (Senate Sponsor - Moncrief) H.B. No. 1312
1-2 (In the Senate - Received from the House April 21, 1997;
1-3 April 22, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 6, 1997, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 6, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to modification of an order for outpatient mental health
1-9 services and the temporary detention of a patient pending hearing
1-10 on the modification.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 574.062, Health and Safety Code, is
1-13 amended by adding Subsections (d) and (e) to read as follows:
1-14 (d) The court shall set a date for a hearing on the motion
1-15 to be held not later than the seventh day after the date the motion
1-16 is filed. The court may grant one or more continuances of the
1-17 hearing on the motion by a party and for good cause shown or on
1-18 agreement of the parties. Except as provided by Subsection (e),
1-19 the court shall hold the hearing not later than the 14th day after
1-20 the date the motion is filed.
1-21 (e) If extremely hazardous weather conditions exist or a
1-22 disaster occurs that threatens the safety of the proposed patient
1-23 or other essential parties to the hearing, the court, by written
1-24 order made each day, may postpone the hearing for not more than 24
1-25 hours. The written order must declare that an emergency exists
1-26 because of the weather or the occurrence of a disaster.
1-27 SECTION 2. Section 574.064, Health and Safety Code, is
1-28 amended by amending Subsections (b)-(d) and adding Subsections (e)
1-29 and (f) to read as follows:
1-30 (b) A patient may be detained under a temporary detention
1-31 order for [not] more than 72 hours, excluding Saturdays, Sundays,
1-32 legal holidays, and the period prescribed by Section 574.025(b) for
1-33 an extreme emergency only if, after a hearing held before the
1-34 expiration of that period, the court, a magistrate, or a designated
1-35 master finds that there is probable cause to believe that:
1-36 (1) the patient meets the criteria described by
1-37 Section 574.065(a); and
1-38 (2) detention in an inpatient mental health facility
1-39 is necessary to evaluate the appropriate setting for continued
1-40 court-ordered services.
1-41 (c) If probable cause is found under Subsection (b), the
1-42 patient may be detained under the temporary detention until the
1-43 hearing set under Section 574.062 is completed.
1-44 (d) A facility administrator shall immediately release a
1-45 patient held under a temporary detention order if the facility
1-46 administrator does not receive notice that the patient's continued
1-47 detention is authorized:
1-48 (1) after a probable cause hearing held within 72
1-49 hours after the patient's detention begins; or
1-50 (2) after a modification hearing held within the
1-51 period prescribed by Section 574.062 [Subsection (b)].
1-52 (e) [(d)] A patient released from an inpatient mental health
1-53 facility under Subsection (d) [(c)] continues to be subject to the
1-54 order for court-ordered outpatient services, if the order has not
1-55 expired.
1-56 (f) A person detained under this section may not be detained
1-57 in a nonmedical facility used to detain persons charged with or
1-58 convicted of a crime.
1-59 SECTION 3. (a) This Act takes effect September 1, 1997, and
1-60 applies only to:
1-61 (1) the temporary detention of a person subject to a
1-62 court order for outpatient mental health services for which the
1-63 application is filed on or after that date; and
1-64 (2) a motion to modify an order for outpatient mental
2-1 health services filed on or after that date.
2-2 (b) An order for temporary detention or an order modifying
2-3 an order for outpatient mental health services for which the
2-4 application or motion is filed before September 1, 1997, is
2-5 governed by the law in existence on the date the application or
2-6 motion is filed. Those laws are continued in effect for those
2-7 purposes.
2-8 SECTION 4. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.
2-13 * * * * *