By Thompson                                           H.B. No. 2951

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the provision of inpatient mental health services to

 1-3     certain incapacitated persons.


 1-5           SECTION 1.  Section 770, Texas Probate Code, is amended by

 1-6     amending Subsection (b) and adding Subsection (e) to read as

 1-7     follows:

 1-8           (b)  Except as provided by Subsection (c), [or] (d), or (e)

 1-9     of this section, a guardian may not voluntarily admit an

1-10     incapacitated person to a public or private in-patient psychiatric

1-11     facility or to a residential facility operated by the Texas

1-12     Department of Mental Health and Mental Retardation for care and

1-13     treatment.  If care and treatment in a psychiatric or a residential

1-14     facility are necessary, the person or the person's guardian may

1-15     apply for services under Section 593.027 or 593.028, Health and

1-16     Safety Code, or apply to a court to commit the person under

1-17     Subtitle D, Title 7, Health and Safety Code (Persons with Mental

1-18     Retardation Act), Subtitle C, Title 7, Health and Safety Code

1-19     (Texas Mental Health Code), or Chapter 462, Health and Safety Code.

1-20           (e)  A permanent guardian of an incapacitated person may

1-21     apply to the court that granted the guardianship for authority to

1-22     voluntarily admit the person to a public or private in-patient

1-23     psychiatric facility for care and treatment if the person does not

1-24     meet the criteria for court-ordered mental health services under

 2-1     Chapter 574, Health and Safety Code.  The court shall appoint an

 2-2     attorney ad litem for the incapacitated person, hold a hearing, and

 2-3     issue an order approving or denying the application within 72 hours

 2-4     of the time the application is filed with the court.  The court

 2-5     shall grant the application and authorize the guardian to

 2-6     voluntarily admit the person to an in-patient psychiatric facility

 2-7     for care and treatment only if:

 2-8                 (1)  the court finds that the admission would be in the

 2-9     person's best interest;

2-10                 (2)  the person does not object to being placed in the

2-11     facility; and

2-12                 (3)  the court finds that the admission is medically

2-13     necessary based on the testimony or written submission of a

2-14     psychiatrist.

2-15           SECTION 2.  This Act takes effect September 1, 1997.

2-16           SECTION 3.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended.