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.
1-52 * * * * *