Amend CSSB 358 by adding the following appropriately numbered
SECTIONS to the bill and by renumbering existing SECTIONS of the
bill accordingly:
      SECTION ____.  Section 574.083, Health and Safety Code, is
amended to read as follows:
      Sec. 574.083.  RETURN TO FACILITY UNDER <FACILITY
ADMINISTRATOR'S CERTIFICATE OR> COURT ORDER.  (a)  The facility
administrator of a facility to which a patient was admitted for
court-ordered inpatient health care services may have an absent
patient taken into custody, detained, and returned to the facility
by filing an affidavit as prescribed by Subsection (c)<:>
            <(1)  signing a certificate authorizing the patient's
return; or>
            <(2)  filing the certificate> with a magistrate and
requesting the magistrate to order the patient's return.
      (b)  A magistrate may issue an order directing a peace or
health officer to take a patient into custody and return the
patient to the facility if the facility administrator files the
affidavit <certificate as> prescribed by Subsection (c) <this
section>.  An order issued under this subsection extends to any
part of this state and authorizes any peace officer to whom the
order is directed or transferred to execute the order.
      (c)  An affidavit filed under Subsection (a)  must set out
facts establishing that the patient is receiving court-ordered
inpatient mental health services at a facility and show that <The
facility administrator may sign or file the certificate if> the
facility administrator reasonably believes that:
            (1)  the patient is absent without authority from the
facility;
            (2)  the patient has violated the conditions of a pass
or furlough; or
            (3)  the patient's condition has deteriorated to the
extent that the patient's continued absence from the facility under
a pass or furlough is inappropriate.
      (d)  A peace or health officer shall take the patient into
custody and return the patient to the facility as soon as possible
if the patient's return is authorized by <the facility
administrator's certificate or> the court order.
      (e)  The peace or health officer may take the patient into
custody without having the <certificate or> court order in the
officer's possession.
      (f)  A peace or health officer who cannot immediately return
a patient to the facility named in the order may transport the
patient to a local facility for detention.  The patient may not be
detained in a nonmedical facility that is used to detain persons
who are charged with or convicted of a crime unless detention in
the facility is warranted by an extreme emergency.  If the patient
is detained at a nonmedical facility:
            (1)  the patient:
                  (A)  may not be detained in the facility for more
than 24 hours; and
                  (B)  must be isolated from all persons charged
with or convicted of a crime; and
            (2)  the facility must notify the county health
authority of the detention.
      (g)  The county health authority shall ensure that a patient
detained in a nonmedical facility under Subsection (f) receives
proper care and medical attention.
      (h)  Notwithstanding other law regarding confidentiality of
patient information, the facility administrator may release to a
law enforcement official information about the patient if the
administrator determines the information is needed to facilitate
the return of the patient to the facility.
      SECTION ____.  Section 593.012, Health and Safety Code, is
amended to read as follows:
      Sec. 593.012.  ABSENT WITHOUT AUTHORITY <PERMISSION>.  (a)
The superintendent of a residential care facility to which a client
has been admitted for court-ordered care and treatment may have a
client who is absent without authority taken into custody,
detained, and returned to the facility by filing an affidavit with
a magistrate in the manner prescribed by Section 574.083 <may
immediately issue an order authorizing a peace officer to detain a
resident committed to the facility under Subchapter C who is absent
from the facility without proper permission>.
      (b)  The client shall be returned to the residential care
facility in accordance with the procedures prescribed by Section
574.083 <A peace officer shall immediately notify the
superintendent when the officer takes a resident into custody and
shall promptly arrange the return of the resident to the assigned
facility on request of the superintendent>.