HBA-KMH H.B. 544 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 544
By: Staples
Corrections
3/30/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, some sexually violent offenders are being released from prison
when they have completed their sentences even when criminal justice
officials believe they will offend again.  Repeat sexually violent
offenders often exhibit behavioral abnormalities making it likely that they
will engage in further predatory acts.  

H.B. 544 provides for the civil commitment of repeat sexually violent
offenders who, at the time of discharge, suffer from a behavioral
abnormality that makes them disposed to commit further sexually violent
acts.  This bill provides for the establishment of a special commitment
center (center) to be maintained by the Texas Department of Mental Health
and Mental Retardation (MHMR) with assistance from the Texas Department of
Criminal Justice (TDCJ).  This bill provides for a civil commitment process
which includes detainment upon discharge, pending a hearing on probable
cause where a determination will be made by a judge as to the necessity of
proceedings.  It also provides for a trial by the bench or a jury in which
evidence regarding the psychological status of the offender will be
evaluated for possible remand to the center for care, control, and
treatment.  This bill provides for biennial reviews, or more frequently as
deemed necessary, of the mental status of the offender, and possible
release or conditional release of the offender.  This bill also entitles
the offender to constitutional protections such as right to counsel and
expert testimony, and appointment of counsel in the case of indigence.  

H.B. 544 provides for the administering of psychoactive medication to
offenders after a determination that psychoactive medication would be in
the best interest of the offender and public safety.  This bill also
provides for the sharing of information relating to previous convictions
and the psychological status of the offender between state departments and
agencies.  Furthermore, this bill provides for the conveyance of part of
Rusk State Hospital for use in the administration of this program. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to Texas Board of Mental Health and Mental
Retardation in SECTION 1 (Section 841.161, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the Health and Safety Code by adding Title 11, as
follows: 

TITLE 11.  CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS

CHAPTER 841.  CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 841.001.  LEGISLATIVE FINDINGS.  Sets forth legislative findings.

Sec. 841.002.  DEFINITIONS.  Defines "attorney representing the state,"
"behavioral abnormality," "board," "commissioner," "department," "predatory
act," "repeat sexually  violent offender,"  "secure correctional facility,"
"sexually violent offense," "sexually violent predator," and "special
commitment center." 

Sec.  841.003.  SEXUALLY VIOLENT PREDATOR.  Defines "sexually violent
predator" for the purposes of this chapter as a person who is a repeat
sexually violent offender and suffers from a behavioral abnormality that
makes the person likely to engage in a predatory act of sexual violence.
Defines a "repeat sexually violent offender" for the purposes of this
chapter as a person who is convicted of a sexually violent offense,  enters
a plea of guilty or nolo contendere for a sexually violent offense in
return for a grant of deferred adjudication, is adjudged not guilty of a
sexually violent offense by reason of insanity, or is adjudicated by a
juvenile court as having engaged in delinquent conduct constituting a
sexually violent offense and is committed to the Texas Youth Commission
(TYC) under Section 54.04(d)(3) or (m) (Disposition Hearing), Family Code,
and afterwards the person commits a sexually violent offense for which the
person is convicted, enters a plea of guilty or nolo contendere in return
for a grant of deferred adjudication, or is adjudged not guilty by reason
of insanity. 

Sec.  841.004.  PRISON PROSECUTION UNIT.  Provides that a special division
of the prison prosecution unit, separate from that part of the unit
responsible for prosecuting criminal cases, is responsible for prosecuting
civil commitment proceedings under this chapter. 

Sec.  841.005.  APPLICATION OF CHAPTER.  Provides that this chapter does
not prohibit a person committed under this chapter from filing a petition
for discharge or conditional release to a less restrictive alternative.
Provides that this chapter does not create for a committed person a cause
of action against another person for failure to give notice within a period
required by this chapter. 

SUBCHAPTER B.  NOTICE OF POTENTIAL PREDATOR;
INITIAL DETERMINATIONS

Sec.  841.021.  NOTICE OF POTENTIAL PREDATOR.  Requires the Texas
Department of Criminal Justice (TDCJ) to give to the multidisciplinary team
established under Section 841.022 notice of the anticipated release of a
person who is serving a sentence for a sexually violent offense and is a
repeat sexually violent offender.  Requires the Texas Department of Mental
Health and Mental Retardation (MHMR) to give notice to the
multidisciplinary team notice of the anticipated discharge of a person who
is committed to MHMR the after having been adjudged not guilty by reason of
insanity of a sexually violent offense and is a repeat sexually violent
offender.  Requires TDCJ or MHMR to attempt to give the required notice in
writing not later than the 120th day before the person's anticipated
release or discharge date as long as it is not after the date the
multidisciplinary team concludes its assessment of the person under Section
841.022, and alternatively authorizes the notice to be given orally.  Sets
forth the contents of the required notice. 

Sec.  841.022.  MULTIDISCIPLINARY TEAM.  Requires the executive director
(director) of TDCJ and the commissioner of the Texas Department of Mental
Health and Mental Retardation (commissioner) to establish a
multidisciplinary team (team) to review available records of a person
referred to the team under Section 841.021.  Sets forth that the team is to
include two persons from MHMR, three persons from TDCJ including one from
the victim services office, one person from  Department of Public Safety
(DPS), and one person from the Interagency Council on Sex Offender
Treatment (council).  Authorizes the team to request the assistance of
other persons in making a determination under this section. Requires the
team, before the expiration of 30 days after receiving notice under Section
841.021(a) or (b), to determine whether the person is a sexually violent
predator, give appropriate notice of that determination to TDCJ or MHMR,
and refer the person to the special commitment center for examination, if
the determination is returned that the person is a sexually violent
predator. 

Sec.  841.023.  SPECIAL COMMITMENT CENTER.  Authorizes TDCJ or MHMR to
transfer to the special commitment center (center) a person referred to the
center under  Section 841.022(c).  Requires the center to determine whether
the person is a sexually violent predator not later than the 30th day after
the date of a referral under Section 841.022(c). Requires the center to
designate an expert to examine the person.  Requires the commissioner, if
the center determines that the person is not a sexually violent predator,
to give notice of the determination by the center that the person is a
sexually violent predator to TDCJ or MHMR not later than the 30th day after
the date of a referral under Section 841.011(c).  Requires TDCJ to
transport the person to a secure correctional facility for release, or
require MHMR to transport the person to a state hospital for discharge, as
appropriate.  

SUBCHAPTER C.  PETITION ALLEGING PREDATOR STATUS

Sec.  841.041.  PETITION ALLEGING PREDATOR STATUS.  Authorizes the attorney
for the state, if the attorney determines that a person is a sexually
violent predator, to file, in a Smith County district court other than a
family district court, a petition alleging that the person is a sexually
violent predator and stating facts sufficient to support the allegation.
Requires the attorney to attempt to file the petition not later than the
15th day before the anticipated release or discharge date of the referred
person.  Provides that in no event is the attorney authorized to file the
petition later than the 60th day after the date the person is referred to
the attorney. 

Sec.  841.042.  PROBABLE CAUSE DETERMINATION.  Requires a judge to
determine whether probable cause exists to believe that the person named in
the petition is a sexually violent predator, on the filing of a petition
under Section 841.041.  Requires the judge, on a determination that
probable cause exists, to direct that the person be taken into custody and
detained at the center. 

Sec.  841.043.  HEARING.  Requires the attorney, within 72 hours of
detainment under Section 841.042, to give the detainee notice of a hearing
to contest the determination of probable cause.  Requires the judge at the
hearing to verify the detainee's identity and determine whether probable
cause exists.  Authorizes the attorney to rely on the petition and
supplement the petition with documentary evidence or live testimony.  Sets
forth the rights of the detainee. 

SUBCHAPTER D.  TRIAL

Sec.  841.061.  TRIAL.  Requires the judge to conduct a trial to determine
whether the detainee is a sexually violent predator not later than the 60th
day after the completion date of a hearing conducted under Section 841.043.
Entitles the detainee or state to a trial by jury on demand.  Provides that
a trial by jury must be filed in writing not later than the 10th day before
the date the trial is scheduled to begin.  Provides that the number and
selection of jurors is governed by Chapter 33 (The Mode of Trial), Code of
Criminal Procedure. 

Sec.  841.062.  DETERMINATION OF PREDATOR STATUS.  Requires the judge or
jury to determine whether, beyond a reasonable doubt, the detainee is a
sexually violent predator. Entitles the state or detainee to appeal the
determination.  Provides that a verdict that the detainee is a sexually
violent predator must be unanimous. 

Sec.  841.063.  DISCHARGE AFTER TRIAL.  Requires the judge to direct the
detainee's discharge, unless the judge or jury determines the detainee is a
sexually violent predator. 

Sec.  841.064.  COMMITMENT OF PREDATOR.  Requires the judge to commit the
detainee to the custody of the commissioner for control, care, and
treatment at the center until the detainee's behavioral abnormality has
changed to the extent that the detainee is no longer likely to engage in a
predatory act of sexual violence on discharge from the special commitment
center or it is safe to conditionally release the detainee to a less
restrictive alternative (conditionally release), on a determination by the
judge or jury that the detainee is a sexually violent predator.  Requires
MHMR to enter into an interagency contract with TDCJ for the confinement of
a detainee (person) committed under this section.  Requires  TDCJ to house
or contract for the housing of persons committed under this section
separately from inmates in the custody of TDCJ.  Requires MHMR to provide
or contract for the provision of care and treatment to a person committed
under this section. 

Sec.  841.065.  CONTINUANCE.  Authorizes the judge to continue a trial
conducted under Section 841.061 if the detained person is not substantially
prejudiced by the continuance and on the request of either party and a
showing of good cause, or on the judge's own motion in the due
administration of justice. 

Sec.  841.066.  MISTRIAL.  Requires a judge, on a mistrial, to direct the
detainee's continued detention at the special commitment center until
another trial is conducted. Provides that a trial following a mistrial must
begin not later than the 90th day after the date a mistrial was declared in
the previous trial, unless the later trial is continued as provided by
Section 841.065. 

SUBCHAPTER E.  COMMITMENT REVIEW

Sec.  841.081.  BIENNIAL EXAMINATION.  Requires a person committed under
Section 841.064 to receive a biennial examination.  Requires the
commissioner to provide, for a review conducted under Section 841.082, a
report of the biennial examination to the judge who committed the person
under Section 841.064.  Requires the report to include consideration of
whether conditional release to a less restrictive alternative is in the
best interest of the person and will protect the community. 

Sec.  841.082.  BIENNIAL REVIEW.  Requires the judge to conduct a biennial
review of the status of the committed person.  Entitles the person to be
represented by counsel at the biennial review, but does not entitle the
person to be present at that review.  Requires the judge to set a hearing
if the judge determines at the biennial review that probable cause exists
to believe that the person's behavioral abnormality has changed to the
extent that the person is no longer likely to engage in a predatory act of
sexual violence on discharge from the special commitment center or that it
is safe to conditionally release the person. 

Sec.  841.083.  HEARING.  Entitles the committed person, at a hearing set
by the judge under Section 841.083, to be present and to have the benefit
of all constitutional protections provided to the person at the initial
civil commitment proceeding.  Entitles the state to have the hearing
conducted before a jury and to choose an expert to examine the person.
Provides that the burden of proof at the hearing is on the state to prove
beyond a reasonable doubt that the person's behavioral abnormality has not
changed to the extent that the person is no longer likely to engage in a
predatory act of sexual violence on discharge from the special commitment
center, or that it is safe to conditionally release the person. 

SUBCHAPTER F.  PETITIONS FOR DISCHARGE OR CONDITIONAL RELEASE
TO LESS RESTRICTIVE ALTERNATIVE

Sec.  841.101.  AUTHORIZED PETITIONS FOR DISCHARGE OR CONDITIONAL RELEASE
TO LESS RESTRICTIVE ALTERNATIVE.  Requires the commissioner, upon a
determination that the person's behavioral abnormality has changed to the
extent that the person is no longer likely to engage in a predatory act of
sexual violence on discharge from the special commitment center or that it
is safe to conditionally release the person, to authorize the person to
petition the court as is appropriate according to the determination.
Requires the petitioner to serve a petition under this section on the court
and the attorney representing the state.  Requires the judge to order a
hearing on a petition under this section not later than the 30th day after
the date the judge receives the petition.  Entitles the state to choose an
expert to examine the petitioner.  Requires the court to conduct a hearing
before a jury, on request of either party.  Provides that the burden of
proof is on the state and that the level of proof is beyond a reasonable
doubt. 

Sec.  841.102.  UNAUTHORIZED PETITIONS FOR DISCHARGE OR CONDITIONAL RELEASE
TO LESS RESTRICTIVE ALTERNATIVE.  Requires the commissioner, on a  person's
commitment and annually after commitment, to provide written notice to the
person of the person's right to petition the court for discharge or for
conditional release over the commissioner's objection. 

Sec.  841.103.  FRIVOLOUS PETITIONS FOR DISCHARGE OR CONDITIONAL RELEASE TO
LESS RESTRICTIVE ALTERNATIVE.  Requires the judge, on receipt of an
unauthorized petition filed by the committed person, to attempt as soon as
practicable to review the petition and determine if the petition is based
on frivolous grounds.  Requires the judge to deny the petition if it is on
frivolous grounds.  Requires a judge to deny without a hearing an
unauthorized petition if the committed person has previously filed an
unauthorized petition requesting the same action of the court and either
the petition was found to be frivolous or the person's behavior had not
changed appropriately to order what is requested in the petition. 

SUBCHAPTER G.  DISCHARGE OR CONDITIONAL RELEASE
TO LESS RESTRICTIVE ALTERNATIVE

Sec.  841.121.  NOTICE OF DISCHARGE OR CONDITIONAL RELEASE TO LESS
RESTRICTIVE ALTERNATIVE.  Requires the commissioner to give advance written
notice of the discharge or conditional release to the victim, a guardian of
the victim, or, if the victim is deceased, a close relative of the deceased
victim.  Provides that failure to provide notification under this section
is not a reason to postpone discharge or conditional release and does not
create a cause of action against the state or a state employee acting
within the scope of employment.   Defines "close relative of a deceased
victim," "guardian of a victim," and "victim" to have the meanings assigned
by Article 56.01 (Definitions), Code of Criminal Procedure. 

Sec.  841.122.  CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE.
Requires MHMR to provide or contract for the provision of treatment to a
person who is conditionally released under this chapter.  Requires MHMR to
enter into an interagency agreement with TDCJ for any necessary supervision
of a person conditionally released under this chapter.  Requires TDCJ to
provide or contract for the provision of supervision to the person.
Authorizes provisions under this subchapter to include supervised housing.
Authorizes a service provider other than MHMR or TDCJ to provide a service
to a person under this chapter only if the service provider agrees in
writing to provide the service. 

Sec.  841.123.  CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE; COURT
ORDER.  Requires a judge to enter an order directing a person's conditional
release upon a determination of specified findings.  Requires the judge to
impose on the person conditions necessary to ensure the person's compliance
with treatment and to protect the community, before entering an order under
this section.  Sets forth authorized conditions. Requires TDCJ and MHMR, on
order of the court, to examine the less restrictive alternative proposed by
the judge and recommend to the judge any additional conditions necessary
under this section.  Requires the judge to provide to the person and to the
service providers a copy of the conditions imposed under this section.
Authorizes treatment to include the monitoring of a conditionally released
person with a polygraph or plethysmograph.  Requires a judge to remand the
person to the commissioner as provided in this chapter if the judge does
not order the person's conditional release, subject to discharge under this
chapter. 

Sec.  841.124.  CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE;
TREATMENT REPORT.  Requires a treatment provider to submit to TDCJ, as
frequently as directed by TDCJ, a report stating whether the person is
complying with treatment requirements. 

Sec.  841.125.  CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE;
REVIEW.  (a) Requires a judge under Section 841.123 to conduct an annual
review of the person's status, if the judge conditionally released the
person.  Authorizes the judge to conduct more frequent reviews on the
judge's own motion or that of the state.  Requires a judge, on review, to
determine whether to rescind or modify the person's conditional release.
(b) Authorizes TDCJ, MHMR, the attorney representing the state, or the
judge who conditionally released the person to cause the person to be taken
into custody and detained at the center until a hearing can be scheduled to
determine whether to rescind or modify the person's conditional release, on
reasonable belief that the person is not complying with a condition of
release, needs additional care or treatment, or poses and immediate risk to
public safety. Requires TDCJ, MHMR, or the attorney representing the state,
if responsible for causing the person's detention under this subsection to
notify the judge of the detention before the close of the next judicial
day.  

(c) Entitles the person being detained under this section and the state to
an immediate examination of the person.  Entitles the person, if indigent,
to professional services as approved by the judge under Section 841.166. 

(d) Requires the judge to promptly schedule a hearing under this section.
Makes hearsay evidence admissible at the hearing if it is considered
otherwise reliable by the judge. Requires the judge to determine, at the
hearing, whether the state has proven beyond a reasonable doubt
noncompliance by the person, whether conditional release should be
continued on the same or modified conditions, and whether to rescind the
person's conditional release and remand the person to the commissioner in
accordance with this chapter. 

Sec.  841.126.  DEPARTMENTAL CERTIFICATE OR COURT ORDER DIRECTING RETURN TO
SPECIAL COMMITMENT CENTER.  Authorizes MHMR to cause a person to be taken
into custody and remanded to the center by issuing a certificate directing
the return if MHMR reasonably believes that the person is absent without
authority from the center, has violated a condition of release, or poses
and immediate risk to public safety. Authorizes a judge to enter an order
directing a peace officer to take the person into custody and to return the
person to the center as soon as possible, if MHMR issues a certificate
under this section.  Requires a peace officer, on direction of a MHMR
certificate or court order under this section, to take the person into
custody and return the person to the center as soon as possible.  Provides
that the certificate or order does not need to be in the officer's
possession at the time the officer acts under this section.  Provides that
it is a state jail felony if a person is absent without authority from the
center or if a person violates a condition of release. 

SUBCHAPTER H.  ADMINISTRATION OF MEDICATIONS

Sec.  841.141.  DEFINITIONS.  Defines "capacity," "medication-related
emergency," and "psychoactive medication." 

Sec.  841.142.  APPLICATION OF SUBCHAPTER.  Applies this subchapter only to
the application of psychoactive medication to a person who is subject to an
order of commitment as a sexually violent predator under Section 841.064 or
for whom a petition for that commitment has been filed under Section
841.041. 

Sec.  841.143.  ADMINISTRATION OF MEDICATION TO PERSON.  Prohibits a person
from administering a psychoactive medication to a person who refuses to
take the medication voluntarily unless the person is having a
medication-related emergency, or the person is under an order issued under
Section 841.146 authorizing the administration of the medication regardless
of the person's refusal. 

Sec. 841.144.  PHYSICIAN'S APPLICATION FOR ORDER TO AUTHORIZE PSYCHOACTIVE
MEDICATION; DATE OF HEARING.  Authorizes a physician who is treating a
person to file an application, on behalf of the state, to a court with
probate jurisdiction for an order to authorize the administration of a
psychoactive medication regardless of the person's refusal under specified
conditions.  Provides the content requirements of an application under this
section.  Provides that an application under this section is different from
a petition for commitment as a sexually violent predator. 

 Sec.  841.145.  RIGHTS OF PERSON.  Sets forth the rights to which a person
for whom an application for an order to authorize the administration of a
psychoactive medication is filed is entitled. 

Sec.  841.146.  HEARING ON PERSON'S CAPACITY AND ORDER AUTHORIZING
PSYCHOACTIVE MEDICATION.  (a) Authorizes the court to issue an order
authorizing the administration of one or more classes of psychoactive
medication only if the court finds by clear and convincing evidence after
the hearing that: 

(1) the person is subject to an order of commitment under Section 841.064
or a petition has been filed under Section 841.041; 
(2) the person lacks the capacity to make a decision regarding the
administration of the proposed medication; and 
(3) treatment with the proposed medication is in the best interest of the
person. 

(b) Requires the court to consider, in making its findings:

(1) the person's expressed preferences regarding treatment with
psychoactive medication; 
(2) the person's religious beliefs;
(3) the risks and benefits to the person of taking the psychoactive
medication; 
(4) the consequences to the person if the psychoactive medication is not
administered; 
(5) the prognosis for the person if the person is treated with psychoactive
medication; and 
(6) alternatives to treatment with psychoactive medication.

(c) Requires a hearing under this subchapter to be conducted on the record
by the judge, except as provided by Subsection (d). 

(d) Authorizes a judge to refer a hearing to a magistrate or
court-appointed master who has training regarding psychoactive medications.
Authorizes the magistrate or master to give notice, set hearing dates, and
appoint attorneys as required in the subchapter. Provides that a record is
not required if the hearing is held by a magistrate or courtappointed
master. 

(e) Entitles a party to a hearing de novo by the judge if an appeal of the
magistrate's or master's report is filed with the court within three days
after the date the report is issued. Requires the hearing to be held within
30 days of the date of the filing of the application for an order to
authorize psychoactive medication. 

(f) Authorizes the person to have a hearing or an appeal of a master's or
magistrate's report be heard by a judge who is licensed to practice law in
this state.  Requires the county judge to transfer the case after receiving
a request and requires the receiving court to hear it de novo. 

(g) Entitles a person, as soon as practicable, to have provided written
notification of the court's determinations under this section.  Provides
that the notification must include a statement of the evidence on which the
court relied and the reasons for the court's determinations. 

(h) Authorizes an order under this section to authorize the administration
to a person of one or more classes of psychoactive medications specified in
the application and consistent with the person's diagnosis.  Authorizes the
order to permit an increase or decrease in a medication's dosage, the
restitution of medication authorized but discontinued during the period the
order is valid, or the substitution of a medication within the same class. 

(i) Provides that the classes of psychoactive medications in the order must
conform to classes determined by MHMR.  
 (j) Authorizes and order issued under this section to be preauthorized or
modified on the petition of a party.  Maintains the order in effect pending
action on a petition for preauthorization or modification.  Authorizes a
modification order to change a class of medication authorized in the order. 

Sec.  841.147.  COSTS.  Requires the costs for hearings under this
subchapter to be paid by the court with probate jurisdiction in which the
application is filed. 

Sec.  841.148.  APPEAL.  Authorizes a person to appeal an order under this
subchapter. Provides that an order under this subchapter is effective
pending an appeal of the order. 

Sec.  841.149.  EFFECT OF ORDER.  Prohibits a person's consent to take a
psychoactive medication from being relied on if the person is subject to an
order issued under Section 841.146, and makes this consent invalid.
Provides that issuance of an order under Section 841.146 is not a
determination or adjudication of mental incompetency and does not limit in
any other respect that person's rights as a citizen or the person's rights
or legal capacity. 

Sec.  841.150.  EXPIRATION OF ORDER.  Provides that an order issued under
Section 841.146 expires on the expiration or termination date of the order
of commitment as a sexually violent predator. 

SUBCHAPTER I.  MISCELLANEOUS PROVISIONS

Sec.  841.161.  RULEMAKING AUTHORITY.  Requires the Texas Board of Mental
Health and Mental Retardation (board), by rule, to administer this chapter.
Provides that rules adopted by the board under this section must be
consistent with the purposes of this chapter. Requires the board by rule to
define for persons committed under this chapter appropriate rights based on
individualized risk assessments of those persons. 

Sec.  841.162.  RELEASE OR EXCHANGE OF INFORMATION.  Requires any entity
that possesses relevant information relating to a person's predator status
to release the information to an entity charged with determining that
status, and to MHMR, regardless of whether the information is otherwise
confidential or when it was created or collected. Requires TDCJ, MHMR, a
service provider contracting with one of those agencies, the
multidisciplinary team, and the attorney for the state to release any
available information regarding a person that is sought in connection with
an attempt to civilly commit the person as a sexually violent predator in
another state to an attorney for the state or a political subdivision.
Authorizes TDCJ, MHMR, a service provider contracting with one of those
agencies, the multidisciplinary team, and the attorney for the state to
exchange any available information regarding the person.  Provides that
information subject to release or exchange under this section includes
information relating to the care, treatment, criminal history, or physical
or mental health of the person, as appropriate.  Provides that the person's
consent is not required for the release of this information. 

Sec.  841.163.  REPORT, RECORD, OR STATEMENT SUBMITTED TO COURT.  (a)
Requires a psychological report, drug and alcohol report, treatment record,
report of diagnostic center, medical record, or victim impact statement
submitted to the court under this chapter to be part of the record of the
court.   

(b) Provides that the report, record, or statement must be sealed and
authorizes it to be opened only on order of the judge or as provided by
this chapter, notwithstanding Subsection (a). 

Sec.  841.164.  CONSTITUTIONAL REQUIREMENTS FOR CARE AND TREATMENT.
Provides that the detention or commitment of a person under this chapter
must conform to constitutional requirements for care and treatment. 

Sec.  841.165.  COUNSEL.  Provides that at all stages of the civil
commitment proceedings under this chapter, a detained or committed person
is entitled to the assistance of counsel.  Requires the court to appoint
counsel if the person is indigent. 

Sec.  841.166.  EXPERT.  Authorizes a person detained under this chapter to
retain an expert to perform an examination or participate in a civil
commitment proceeding on the person's behalf.  Requires a judge, on request
of an indigent person, to determine whether expert services for the person
are necessary.  Requires the judge to appoint an expert if it is determined
necessary.  Requires the court to approve reasonable compensation for
expert services rendered on behalf of an indigent person on the filing of a
certified compensation claim supported by a written statement.  Provides
the requirements of the written statement. Requires the court to ensure
that an expert retained or appointed under this section has for purposes of
examination reasonable access to a person examined under this chapter, as
well as to all relevant medical and psychological records and reports. 

Sec.  841.167.  CIVIL COMMITMENT PROCEEDING; PROCEDURE AND COSTS. Entitles
the person and the attorney representing the state to a jury trial on a
hearing before a jury for that proceeding if so requested.  Subjects a
civil commitment process to the rules of civil procedure and appeal for
civil cases.  Requires the state to pay the costs of a civil commitment
proceeding conducted under this chapter, except as provided by Subchapter
H. 

Sec.  841.168.  IMMUNITY.  Provides that the following person are immune
from liability for good faith conduct under this chapter: 

(1) an employee or officer of MHMR or TDCJ;
(2) a member of the multidisciplinary team established under Section
841.022; 
(3) the attorney representing the state; and
(4) a person contracting, appointed, or volunteering to perform a service
under this chapter. 

SECTION 2.  Amends Sections 51.13(a) and (b), Family Code, to subject the
section to the provisions of Chapter 841, Health and Safety Code.  Makes
conforming and nonsubstantive changes. 

SECTION 3.  Amends Section 494.008(a), Government Code, to authorize the
director of the TDCJ or the director's designee to authorize those
employees to transport and to apprehend persons subject to civil commitment
proceedings under Chapter 841, Health and Safety Code. 

SECTION 4.  Amends Section 250.001(3), Health and Safety Code, to expand
the definition of "facility" to include a facility established under
Chapter 841 that provides control, care, and treatment to sexually violent
predators and that is operated by or contracts with MHMR or TDCJ. 

SECTION 5.  Amends Chapter 321, Health and Safety Code, by adding Section
321.005, as follows: 

Sec.  321.005.  APPLICATION OF CHAPTER.  Provides that this chapter does
not apply to the center established for sexually violent predators under
Chapter 841 or waive an immunity defense that is otherwise available under
this chapter. 

SECTION 6.  Amends Subchapter D, Chapter 533, Health and Safety Code, by
adding Section 533.0851, as follows: 

Sec.  533.0851.  FACILITIES FOR PREDATOR CARE.  (a) Authorizes MHMR to
transfer a part of Rusk State Hospital to TDCJ for the confinement of
sexually violent predators under Chapter 841, contingent on the agreement
of the governing board of MHMR and the governing board of TDCJ.  Defines
"transfer," under this section, to mean to convey title to, lease, or
otherwise convey the beneficial use of facilities, equipment, and land to
the facilities. 

SECTION 7.  (a) Makes application of this Act prospective, except as
provided by Subsection (b). 

(b) Makes application of this Act prospective as to delinquent conduct that
occurs on or after January 1, 1996. 
 SECTION 8.  Effective date: September 1, 1999.

SECTION 9.  Emergency clause.