By Naishtat H.B. No. 330
76R1422 JJT-D
A BILL TO BE ENTITLED
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.