1-1                                   AN ACT
 1-2     relating to orders for extended mental health services.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 574.035(b), Health and Safety Code, is
 1-5     amended to read as follows:
 1-6           (b)  The judge may order a proposed patient to receive
 1-7     court-ordered extended outpatient mental health services only if:
 1-8                 (1)  the judge finds that appropriate mental health
 1-9     services are available to the patient; and
1-10                 (2)  the jury, or the judge if the right to a jury is
1-11     waived, finds from clear and convincing evidence that:
1-12                       (A)  the proposed patient is mentally ill;
1-13                       (B)  the nature of the mental illness is severe
1-14     and persistent;
1-15                       (C)  as a result of the mental illness, the
1-16     proposed patient will, if not treated, continue to:
1-17                             (i)  suffer severe and abnormal mental,
1-18     emotional, or physical distress; and
1-19                             (ii)  experience deterioration of the
1-20     ability to function independently to the extent that the proposed
1-21     patient will be unable to live safely in the community without
1-22     court-ordered outpatient mental health services;
1-23                       (D)  the proposed patient has an inability to
1-24     participate in outpatient treatment services effectively and [or]
 2-1     voluntarily, demonstrated by:
 2-2                             (i)  any of the proposed patient's actions
 2-3     occurring within the two-year period which immediately precedes the
 2-4     hearing; or
 2-5                             (ii)  specific characteristics of the
 2-6     proposed patient's clinical condition that make impossible a
 2-7     rational and informed decision whether to submit to voluntary
 2-8     outpatient treatment;
 2-9                       (E)  the proposed patient's condition is expected
2-10     to continue for more than 90 days; and
2-11                       (F)  the proposed patient has received
2-12     court-ordered inpatient mental health services under this subtitle
2-13     or under Section 5, Article 46.02, Code of Criminal Procedure, for
2-14     at least 60 consecutive days during the preceding 12 months.
2-15           SECTION 2.  The importance of this legislation and the
2-16     crowded condition of the calendars in both houses create an
2-17     emergency and an imperative public necessity that the
2-18     constitutional rule requiring bills to be read on three several
2-19     days in each house be suspended, and this rule is hereby suspended,
2-20     and that this Act take effect and be in force from and after its
2-21     passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 330 was passed by the House on April
         8, 1999, by the following vote:  Yeas 144, Nays 0, 2 present, not
         voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 330 was passed by the Senate on May
         13, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor