By Thompson                                           H.B. No. 2951

         75R5665 BEM-F                           

                                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 guardian of an incapacitated person may apply to the

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

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

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

1-24     criteria for court-ordered mental health services under Chapter

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

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

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

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

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

 2-6     admit the person to an in-patient psychiatric facility for care and

 2-7     treatment only if:

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

 2-9     person's best interest; and

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

2-11     facility.

2-12           SECTION 2.  This Act takes effect September 1, 1997.

2-13           SECTION 3.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended.

2-18                          COMMITTEE AMENDMENT NO. 1

2-19           Amend H.B. 2951 as follows:

2-20           (1)  On page 1, line 20, between "A" and "guardian", insert

2-21     "permanent".

2-22           (2)  On page 2, line 9, strike "and".

2-23           (3)  On page 2, strike line 11 and substitute the following:

2-24     facility; and

2-25                 (3)  the court finds that the admission is medically

2-26     necessary based on the testimony or written submission of a

2-27     psychiatrist.

 3-1                                                                Hartnett