HBA-LCA S.B. 153 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 153
By: Harris
Public Health
4/26/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Current law requires a county to pay court costs for involuntary mental
health commitments.  A county is authorized to seek reimbursement from
patients or persons responsible for a patient's estate.  A number of
counties charge court costs to mental health facilities that are designated
to provide court-ordered mental health services.  S.B. 153 prohibits a
county from requiring a mental health facility to pay any costs associated
with an involuntary mental health commitment hearing or proceeding. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 571.018, Health and Safety Code, by adding
Subsection (j), as follows: 

(j)  Prohibits a county from requiring a mental health facility designated
to provide courtordered mental health services to pay a cost associated
with a hearing or proceeding under this subtitle (Subtitle C (Texas Mental
Health Code), Chapter 571 (General Provisions), Health and Safety Code).   

SECTION 2.Emergency clause.
  Effective date: upon passage.

EXPLANATION OF AMENDMENT

Amends Section 571.018, Health and Safety Code (Costs) to add a new
Subsection (j), to require a probate judge to order the clerk of the
probate court to return costs  that have been paid or advanced if an
inpatient mental health facility, as defined under Section 571.003(9)(B) or
(E), Health and Safety Code (Definitions), certifies that it has received
no compensation or reimbursement for the treatment of a person for whom
those costs were paid or advanced.