1-1     By:  Naishtat (Senate Sponsor - Moncrief)              H.B. No. 330
 1-2           (In the Senate - Received from the House April 9, 1999;
 1-3     April 12, 1999, read first time and referred to Committee on Human
 1-4     Services; May 6, 1999, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 6, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to orders for extended mental health services.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 574.035(b), Health and Safety Code, is
1-11     amended to read as follows:
1-12           (b)  The judge may order a proposed patient to receive
1-13     court-ordered extended outpatient mental health services only if:
1-14                 (1)  the judge finds that appropriate mental health
1-15     services are available to the patient; and
1-16                 (2)  the jury, or the judge if the right to a jury is
1-17     waived, finds from clear and convincing evidence that:
1-18                       (A)  the proposed patient is mentally ill;
1-19                       (B)  the nature of the mental illness is severe
1-20     and persistent;
1-21                       (C)  as a result of the mental illness, the
1-22     proposed patient will, if not treated, continue to:
1-23                             (i)  suffer severe and abnormal mental,
1-24     emotional, or physical distress; and
1-25                             (ii)  experience deterioration of the
1-26     ability to function independently to the extent that the proposed
1-27     patient will be unable to live safely in the community without
1-28     court-ordered outpatient mental health services;
1-29                       (D)  the proposed patient has an inability to
1-30     participate in outpatient treatment services effectively and [or]
1-31     voluntarily, demonstrated by:
1-32                             (i)  any of the proposed patient's actions
1-33     occurring within the two-year period which immediately precedes the
1-34     hearing; or
1-35                             (ii)  specific characteristics of the
1-36     proposed patient's clinical condition that make impossible a
1-37     rational and informed decision whether to submit to voluntary
1-38     outpatient treatment;
1-39                       (E)  the proposed patient's condition is expected
1-40     to continue for more than 90 days; and
1-41                       (F)  the proposed patient has received
1-42     court-ordered inpatient mental health services under this subtitle
1-43     or under Section 5, Article 46.02, Code of Criminal Procedure, for
1-44     at least 60 consecutive days during the preceding 12 months.
1-45           SECTION 2.  The importance of this legislation and the
1-46     crowded condition of the calendars in both houses create an
1-47     emergency and an imperative public necessity that the
1-48     constitutional rule requiring bills to be read on three several
1-49     days in each house be suspended, and this rule is hereby suspended,
1-50     and that this Act take effect and be in force from and after its
1-51     passage, and it is so enacted.
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