By Staples                                             H.B. No. 544
         76R312 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the civil commitment of sexually violent predators;
 1-3     providing a penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  The Health and Safety Code is amended by adding
 1-6     Title 11 to read as follows:
 1-7          TITLE 11.  CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
 1-8        CHAPTER 841.  CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
 1-9                      SUBCHAPTER A.  GENERAL PROVISIONS
1-10           Sec. 841.001.  LEGISLATIVE FINDINGS.  The legislature finds
1-11     that a small but extremely dangerous group of sexually violent
1-12     predators exists.  The legislature finds that a sexually violent
1-13     predator does not have a mental illness, disease, or condition that
1-14     renders the predator appropriate for commitment under Subtitle C,
1-15     Title 7, because that law is primarily intended to provide
1-16     short-term treatment to a person with a serious mental disorder and
1-17     then return that person to the community.  In contrast to a person
1-18     who is appropriate for involuntary commitment under Subtitle C,
1-19     Title 7, a sexually violent predator generally has a behavioral
1-20     abnormality that is not amenable to existing mental illness
1-21     treatment modalities and that makes the predator likely to engage
1-22     in sexually violent behavior.  The legislature finds that a
1-23     sexually violent predator is highly likely to engage in repeat acts
1-24     of predatory sexual violence.  The existing involuntary commitment
 2-1     provisions of Subtitle C, Title 7, are inadequate to address the
 2-2     risk that a sexually violent predator poses to society.  The
 2-3     legislature also finds that the prognosis for curing a sexually
 2-4     violent predator is poor, and research is vitally important to the
 2-5     improvement of the efficacy of treatment.  The legislature also
 2-6     finds that the treatment needs of the population of sexually
 2-7     violent predators are long-term, and the treatment modalities for
 2-8     that population are different from the traditional treatment
 2-9     modalities for persons appropriate for involuntary commitment under
2-10     Subtitle C, Title 7.  The legislature further finds that a civil
2-11     commitment procedure for the long-term care and treatment of
2-12     sexually violent predators is necessary.
2-13           Sec. 841.002.  DEFINITIONS.  In this chapter:
2-14                 (1)  "Attorney representing the state" means an
2-15     attorney employed by the prison prosecution unit to prosecute civil
2-16     commitment proceedings under this chapter.
2-17                 (2)  "Behavioral abnormality" means a congenital or
2-18     acquired condition that, by affecting a person's emotional or
2-19     volitional capacity, predisposes the person to commit a sexually
2-20     violent offense, to the extent that the person becomes a menace to
2-21     the health and safety of another person.
2-22                 (3)  "Board" means the Texas Board of Mental Health and
2-23     Mental Retardation.
2-24                 (4)  "Commissioner" means the commissioner of the
2-25     department.
2-26                 (5)  "Department" means the Texas Department of Mental
2-27     Health and Mental Retardation.
 3-1                 (6)  "Predatory act" means an act that is committed for
 3-2     the purpose of victimization and that is directed toward:
 3-3                       (A)  a stranger;
 3-4                       (B)  a person of casual acquaintance with whom no
 3-5     substantial relationship exists; or
 3-6                       (C)  a person with whom a relationship has been
 3-7     established or promoted for the purpose of victimization.
 3-8                 (7)  "Repeat sexually violent offender" has the meaning
 3-9     assigned by Section 841.003.
3-10                 (8)  "Secure correctional facility" means a county jail
3-11     or a confinement facility operated by or under contract with any
3-12     division of the Texas Department of Criminal Justice.
3-13                 (9)  "Sexually violent offense" means:
3-14                       (A)  an offense under Section 21.11(a)(1),
3-15     22.011, or 22.021, Penal Code;
3-16                       (B)  an offense under Section 20.04(a)(4), Penal
3-17     Code, if the defendant committed the offense with intent to violate
3-18     or abuse the victim sexually;
3-19                       (C)  an offense under Section 30.02, Penal Code,
3-20     if the offense is punishable under Subsection (d) of that section
3-21     and the defendant committed the offense with the intent to commit
3-22     an offense listed in Paragraph (A) or (B);
3-23                       (D)  an attempt, conspiracy, or solicitation, as
3-24     defined by Chapter 15, Penal Code, to commit an offense listed in
3-25     Paragraph (A), (B), or (C);
3-26                       (E)  an offense under prior state law that
3-27     contains elements substantially similar to the elements of an
 4-1     offense listed in Paragraph (A), (B), (C), or (D); or
 4-2                       (F)  an offense under the law of another state,
 4-3     federal law, or the Uniform Code of Military Justice that contains
 4-4     elements substantially similar to the elements of an offense listed
 4-5     in Paragraph (A), (B), (C), or (D).
 4-6                 (10)  "Sexually violent predator" has the meaning
 4-7     assigned by Section 841.003.
 4-8                 (11)  "Special commitment center" means the facility
 4-9     operated by the Texas Department of Criminal Justice under this
4-10     chapter for the purpose of confining sexually violent predators.
4-11           Sec. 841.003.  SEXUALLY VIOLENT PREDATOR.  (a)  A person is a
4-12     sexually violent predator for the purposes of this chapter if the
4-13     person:
4-14                 (1)  is a repeat sexually violent offender; and
4-15                 (2)  suffers from a behavioral abnormality that makes
4-16     the person likely to engage in a predatory act of sexual violence.
4-17           (b)  A person is a repeat sexually violent offender for the
4-18     purposes of this chapter if:
4-19                 (1)  the person:
4-20                       (A)  is convicted of a sexually violent offense,
4-21     regardless of whether the sentence for the offense was ever imposed
4-22     or whether the sentence was probated and the defendant was
4-23     subsequently discharged from community supervision;
4-24                       (B)  enters a plea of guilty or nolo contendere
4-25     for a sexually violent offense in return for a grant of deferred
4-26     adjudication;
4-27                       (C)  is adjudged not guilty by reason of insanity
 5-1     of a sexually violent offense; or
 5-2                       (D)  is adjudicated by a juvenile court as having
 5-3     engaged in delinquent conduct constituting a sexually violent
 5-4     offense and is committed to the Texas Youth Commission under
 5-5     Section 54.04(d)(3) or (m), Family Code; and
 5-6                 (2)  after the date on which under Subdivision (1) the
 5-7     person is convicted, receives a grant of deferred adjudication, is
 5-8     adjudged not guilty by reason of insanity, or is adjudicated by a
 5-9     juvenile court as having engaged in delinquent conduct, the person
5-10     commits a sexually violent offense for which the person:
5-11                       (A)  is convicted, regardless of whether the
5-12     sentence for the offense was ever imposed or whether the sentence
5-13     was probated and the defendant was subsequently discharged from
5-14     community supervision;
5-15                       (B)  enters a plea of guilty or nolo contendere
5-16     in return for a grant of deferred adjudication; or
5-17                       (C)  is adjudged not guilty by reason of
5-18     insanity.
5-19           Sec. 841.004.  PRISON PROSECUTION UNIT.  A special division
5-20     of the prison prosecution unit, separate from that part of the unit
5-21     responsible for prosecuting criminal cases, is responsible for
5-22     prosecuting civil commitment proceedings under this chapter.
5-23           Sec. 841.005.  APPLICATION OF CHAPTER.  This chapter does
5-24     not:
5-25                 (1)  prohibit a person committed under this chapter
5-26     from filing at any time a petition for discharge or a petition for
5-27     conditional release to a less restrictive alternative under this
 6-1     chapter; or
 6-2                 (2)  create for the committed person a cause of action
 6-3     against another person for failure to give notice within a period
 6-4     required by this chapter.
 6-5              (Sections 841.006-841.020 reserved for expansion
 6-6                SUBCHAPTER B.  NOTICE OF POTENTIAL PREDATOR;
 6-7                           INITIAL DETERMINATIONS
 6-8           Sec. 841.021.  NOTICE OF POTENTIAL PREDATOR.  (a)  Before the
 6-9     person's anticipated release date, the Texas Department of Criminal
6-10     Justice shall give to the multidisciplinary team established under
6-11     Section 841.022 notice of the anticipated release of a person who:
6-12                 (1)  is serving a sentence for a sexually violent
6-13     offense; and
6-14                 (2)  is a repeat sexually violent offender.
6-15           (b)  Before the person's anticipated discharge date, the
6-16     department shall give to the multidisciplinary team established
6-17     under Section 841.022 notice of the anticipated discharge of a
6-18     person who:
6-19                 (1)  is committed to the department after having been
6-20     adjudged not guilty by reason of insanity of a sexually violent
6-21     offense; and
6-22                 (2)  is a repeat sexually violent offender.
6-23           (c)  The notice under Subsection (a)  or (b) may be given
6-24     orally.
6-25           (d)  The Texas Department of Criminal Justice or the
6-26     department, as appropriate, shall attempt to give the notice
6-27     described by Subsection (a)  or (b) in writing not later than the
 7-1     120th day before the person's anticipated release or discharge
 7-2     date, but in no event may that agency give the written notice after
 7-3     the time that the multidisciplinary team concludes its assessment
 7-4     of the person under Section 841.022.  The notice must contain the
 7-5     following information:
 7-6                 (1)  the person's name, identifying factors,
 7-7     anticipated residence after release or discharge, and criminal
 7-8     history; and
 7-9                 (2)  documentation of the person's institutional
7-10     adjustment and actual treatment.
7-11           Sec. 841.022.  MULTIDISCIPLINARY TEAM.  (a)  The executive
7-12     director of the Texas Department of Criminal Justice and the
7-13     commissioner jointly shall establish a multidisciplinary team to
7-14     review available records of a person referred to the team under
7-15     Section 841.021.  The team must include:
7-16                 (1)  two persons from the department;
7-17                 (2)  three persons from the Texas Department of
7-18     Criminal Justice, one of whom must be from the victim services
7-19     office of that department;
7-20                 (3)  one person from the Department of Public Safety;
7-21     and
7-22                 (4)  one person from the Interagency Council on Sex
7-23     Offender Treatment.
7-24           (b)  The multidisciplinary team may request the assistance of
7-25     other persons in making a determination under this section.
7-26           (c)  Not later than the 30th day after the date the
7-27     multidisciplinary team receives notice under Section 841.021(a) or
 8-1     (b), the team shall:
 8-2                 (1)  determine whether the person is a sexually violent
 8-3     predator;
 8-4                 (2)  give notice of that determination to the Texas
 8-5     Department of Criminal Justice or the department, as appropriate;
 8-6     and
 8-7                 (3)  refer the person to the special commitment center
 8-8     for examination, if the team determines that the person is a
 8-9     sexually violent predator.
8-10           Sec. 841.023.  SPECIAL COMMITMENT CENTER.  (a)  The Texas
8-11     Department of Criminal Justice or the department, as appropriate,
8-12     may transfer to the special commitment center a person referred to
8-13     the center under Section 841.022(c).
8-14           (b)  The special commitment center shall determine whether
8-15     the person is a sexually violent predator not later than the 30th
8-16     day after the date of a referral under Section 841.022(c).  To aid
8-17     in this determination, the center shall designate an expert to
8-18     examine the person.
8-19           (c)  If the special commitment center determines that the
8-20     person is a sexually violent predator, the commissioner shall give
8-21     notice of that determination and provide corresponding
8-22     documentation to the attorney representing the state not later than
8-23     the 30th day after the date of a referral under Section 841.022(c).
8-24           (d)  If the special commitment center determines that the
8-25     person is not a sexually violent predator, the commissioner shall
8-26     give notice of that determination to the Texas Department of
8-27     Criminal Justice or the department, as appropriate, not later than
 9-1     the 30th day after the date of a referral under Section 841.022(c).
 9-2     The Texas Department of Criminal Justice shall transport the person
 9-3     to a secure correctional facility for release, or the department
 9-4     shall transport the person to a state hospital for discharge, as
 9-5     appropriate.
 9-6              (Sections 841.024-841.040 reserved for expansion
 9-7              SUBCHAPTER C.  PETITION ALLEGING PREDATOR STATUS
 9-8           Sec. 841.041.  PETITION ALLEGING PREDATOR STATUS.  (a)  If
 9-9     the attorney representing the state determines that a person
9-10     referred to the attorney under Section 841.023 is a sexually
9-11     violent predator, the attorney may file, in a Smith County district
9-12     court other than a family district court, a petition alleging that
9-13     the person is a sexually violent predator and stating facts
9-14     sufficient to support the allegation.
9-15           (b)  The attorney representing the state shall attempt to
9-16     file the petition not later than the 15th day before the
9-17     anticipated release or discharge date of the referred person, but
9-18     in no event may the attorney file the petition later than the 60th
9-19     day after the date the person is referred to the attorney.
9-20           Sec. 841.042.  PROBABLE CAUSE DETERMINATION.  (a)  On the
9-21     filing of a petition under Section 841.041, the judge shall
9-22     determine whether probable cause exists to believe that the person
9-23     named in the petition is a sexually violent predator.
9-24           (b)  If probable cause is determined to exist, the judge
9-25     shall direct that the person be taken into custody and detained at
9-26     the special commitment center.
9-27           Sec. 841.043.  HEARING.  (a)  Within 72 hours after a person
 10-1    is detained under Section 841.042, the attorney representing the
 10-2    state shall give the detained person notice of a hearing to contest
 10-3    probable cause as to whether the person is a sexually violent
 10-4    predator.
 10-5          (b)  At the hearing, the judge shall:
 10-6                (1)  verify the detained person's identity; and
 10-7                (2)  determine whether probable cause exists to believe
 10-8    that the person is a sexually violent predator.
 10-9          (c)  The attorney representing the state may rely on the
10-10    petition and supplement the petition with documentary evidence or
10-11    live testimony.
10-12          (d)  The rights of the detained person include the following:
10-13                (1)  the right to appear at the hearing;
10-14                (2)  the right to present evidence on the person's
10-15    behalf;
10-16                (3)  the right to cross-examine a witness who testifies
10-17    against the person; and
10-18                (4)  the right to view and  copy all petitions and
10-19    reports in the court file.
10-20             (Sections 841.044-841.060 reserved for expansion
10-21                           SUBCHAPTER D.  TRIAL
10-22          Sec. 841.061.  TRIAL.  (a)  Not later than the 60th day after
10-23    the completion date of a hearing conducted under Section 841.043,
10-24    the judge shall conduct a trial to determine whether the detained
10-25    person is a sexually violent predator.
10-26          (b)  The detained person or the state is entitled to a jury
10-27    trial on demand.  A demand for a jury trial must be filed in
 11-1    writing not later than the 10th day before the date the trial is
 11-2    scheduled to begin.
 11-3          (c)  The number and selection of jurors is governed by
 11-4    Chapter 33, Code of Criminal Procedure.
 11-5          Sec. 841.062.  DETERMINATION OF PREDATOR STATUS.  (a)  The
 11-6    judge or jury shall determine whether, beyond a reasonable doubt,
 11-7    the detained person is a sexually violent predator.  Either the
 11-8    state or the person is entitled to appeal the determination.
 11-9          (b)  A jury determination that the person is a sexually
11-10    violent predator must be by unanimous verdict.
11-11          Sec. 841.063.  DISCHARGE AFTER TRIAL.  Unless the judge or
11-12    jury determines that the detained person is a sexually violent
11-13    predator, the judge shall direct the person's discharge.
11-14          Sec. 841.064.  COMMITMENT OF PREDATOR.  (a)  If the judge or
11-15    jury determines that the detained person is a sexually violent
11-16    predator, the judge shall commit the person to the custody of the
11-17    commissioner for control, care, and treatment at the special
11-18    commitment center until the person's behavioral abnormality has
11-19    changed to the extent that:
11-20                (1)  the person is no longer likely to engage in a
11-21    predatory act of sexual violence on discharge from the special
11-22    commitment center; or
11-23                (2)  it is safe to conditionally release the person to
11-24    a less restrictive alternative.
11-25          (b)  The department shall enter into an interagency contract
11-26    with the Texas Department of Criminal Justice for the confinement
11-27    of a person committed under this section.  The Texas Department of
 12-1    Criminal Justice shall house or contract for the housing of persons
 12-2    committed under this section separately from inmates in the custody
 12-3    of the Texas Department of Criminal Justice.  The department shall
 12-4    provide or contract for the provision of care and treatment to a
 12-5    person committed under this section.
 12-6          Sec. 841.065.  CONTINUANCE.  The judge may continue a trial
 12-7    conducted under Section 841.061 if the detained person is not
 12-8    substantially prejudiced by the continuance and:
 12-9                (1)  on the request of either party and a showing of
12-10    good cause; or
12-11                (2)  on the judge's own motion in the due
12-12    administration of justice.
12-13          Sec. 841.066.  MISTRIAL.  (a)  On a mistrial, the judge shall
12-14    direct the detained person's continued detention at the special
12-15    commitment center until another trial is conducted.
12-16          (b)  A trial following a mistrial must begin not later than
12-17    the 90th day after the date a mistrial was declared in the previous
12-18    trial, unless the later trial is continued as provided by Section
12-19    841.065.
12-20             (Sections 841.067-841.080 reserved for expansion
12-21                     SUBCHAPTER E.  COMMITMENT REVIEW
12-22          Sec. 841.081.  BIENNIAL EXAMINATION.  (a)  A person committed
12-23    under Section 841.064 shall receive a biennial examination.
12-24          (b)  In preparation for a judicial review conducted under
12-25    Section 841.082, the commissioner shall provide a report of the
12-26    biennial examination to the judge who committed the person under
12-27    Section 841.064.  The report shall include consideration of whether
 13-1    conditional release to a less restrictive alternative is in the
 13-2    best interest of the person and will protect the community.
 13-3          Sec. 841.082.  BIENNIAL REVIEW.  (a)  The judge shall conduct
 13-4    a biennial review of the status of the committed person.
 13-5          (b)  The person is entitled to be represented by counsel at
 13-6    the biennial review, but the person is not entitled to be present
 13-7    at that review.
 13-8          (c)  The judge shall set a hearing if the judge determines at
 13-9    the biennial review that probable cause exists to believe that the
13-10    person's behavioral abnormality has changed to the extent that:
13-11                (1)  the person is no longer likely to engage in a
13-12    predatory act of sexual violence on discharge from the special
13-13    commitment center; or
13-14                (2)  it is safe to conditionally release the person to
13-15    a less restrictive alternative.
13-16          Sec. 841.083.  HEARING.  (a)  At a hearing set by the judge
13-17    under Section 841.082, the committed person is entitled to be
13-18    present and to have the benefit of all constitutional protections
13-19    provided to the person at the initial civil commitment proceeding.
13-20          (b)  The state is entitled to have the hearing conducted
13-21    before a jury and to choose an expert to examine the person.
13-22          (c)  The burden of proof at the hearing is on the state to
13-23    prove beyond a reasonable doubt that the person's behavioral
13-24    abnormality has not changed to the extent that:
13-25                (1)  the person is no longer likely to engage in a
13-26    predatory act of sexual violence on discharge from the special
13-27    commitment center; or
 14-1                (2)  it is safe to conditionally release the person to
 14-2    a less restrictive alternative.
 14-3            (Sections 841.084-841.100 reserved for expansion 
 14-4           SUBCHAPTER F.  PETITIONS FOR DISCHARGE OR CONDITIONAL
 14-5                  RELEASE TO LESS RESTRICTIVE ALTERNATIVE
 14-6          Sec. 841.101.  AUTHORIZED PETITIONS FOR DISCHARGE OR
 14-7    CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE.  (a)  If the
 14-8    commissioner determines that the committed person's behavioral
 14-9    abnormality has changed to the extent that the person is no longer
14-10    likely to engage in a predatory act of sexual violence on discharge
14-11    from the special commitment center, the commissioner shall
14-12    authorize the person to petition the court for discharge or for
14-13    conditional release to a less restrictive alternative.  If the
14-14    commissioner determines that the committed person's behavioral
14-15    abnormality has changed to the extent that it is safe to
14-16    conditionally release the person to a less restrictive alternative,
14-17    the commissioner shall authorize the person to petition the court
14-18    for conditional release to a less restrictive alternative.
14-19          (b)  The petitioner shall serve a petition under this section
14-20    on the court and the attorney representing the state.
14-21          (c)  The judge shall order a hearing on a petition under this
14-22    section not later than the 30th day after the date the judge
14-23    receives the petition.
14-24          (d)  The state is entitled to choose an expert to examine the
14-25    petitioner.
14-26          (e)  On request of the petitioner or the attorney
14-27    representing the state, the court shall conduct the hearing before
 15-1    a jury.
 15-2          (f)  The burden of proof at the hearing is on the state to
 15-3    prove beyond a reasonable doubt that the petitioner's behavioral
 15-4    abnormality has not changed to the extent that:
 15-5                (1)  the petitioner is no longer likely to engage in a
 15-6    predatory act of sexual violence on discharge from the special
 15-7    commitment center; or
 15-8                (2)  it is safe to conditionally release the person to
 15-9    a less restrictive alternative.
15-10          Sec. 841.102.  UNAUTHORIZED PETITIONS FOR DISCHARGE OR
15-11    CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE.  On a person's
15-12    commitment and annually after that commitment, the commissioner
15-13    shall provide the person with written notice of the person's right
15-14    to petition the court for discharge or for conditional release to a
15-15    less restrictive alternative over the commissioner's objection.
15-16          Sec. 841.103.  FRIVOLOUS PETITIONS FOR DISCHARGE OR
15-17    CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE.  (a)  On
15-18    receipt of a petition for discharge or a petition for conditional
15-19    release to a less restrictive alternative filed by the committed
15-20    person without the commissioner's authorization, the judge shall
15-21    attempt as soon as practicable to review the petition and determine
15-22    if the petition is based on frivolous grounds.  If the petition is
15-23    based on frivolous grounds, the judge shall deny the petition
15-24    without a hearing.
15-25          (b)  Except as provided by Subsection (c), the judge shall
15-26    deny without a hearing a petition for discharge or a petition for
15-27    conditional release to a less restrictive alternative filed without
 16-1    the commissioner's authorization if:
 16-2                (1)  the petitioner previously filed without the
 16-3    commissioner's authorization another petition for discharge or
 16-4    another petition for conditional release to a less restrictive
 16-5    alternative;
 16-6                (2)  the previous petition sought to accomplish the
 16-7    same result, discharge or conditional release, as the later
 16-8    petition; and
 16-9                (3)  the judge determined on review of the previous
16-10    petition or following a hearing that:
16-11                      (A)  the petition was frivolous; or
16-12                      (B)  the petitioner's behavioral abnormality had
16-13    not changed to the extent that:
16-14                            (i)  the petitioner was no longer likely to
16-15    engage in a predatory act of sexual violence on discharge from the
16-16    special commitment center, if the petition was a petition for
16-17    discharge; or
16-18                            (ii)  it was safe to conditionally release
16-19    the person to a less restrictive alternative, if the petition was a
16-20    petition for conditional release to a less restrictive alternative.
16-21          (c)  The judge is not required to deny a petition under
16-22    Subsection (b) if the petition contains facts on which a court
16-23    could find that the petitioner's behavioral abnormality had changed
16-24    to the extent that a hearing was warranted.
 17-1             (Sections 841.104-841.120 reserved for expansion
 17-2              SUBCHAPTER G.  DISCHARGE OR CONDITIONAL RELEASE
 17-3                      TO LESS RESTRICTIVE ALTERNATIVE
 17-4          Sec. 841.121.  NOTICE OF DISCHARGE OR CONDITIONAL RELEASE TO
 17-5    LESS RESTRICTIVE ALTERNATIVE.  (a)  Before the committed person is
 17-6    discharged or conditionally released to a less restrictive
 17-7    alternative, the commissioner shall give written notice of the
 17-8    discharge or conditional  release to the victim, a guardian of the
 17-9    victim, or, if the victim is deceased, a close relative of the
17-10    deceased victim.
17-11          (b)  Failure to notify under this section:
17-12                (1)  is not a reason to postpone discharge or
17-13    conditional release; and
17-14                (2)  does not create a cause of action against the
17-15    state or a state employee acting within the scope of employment.
17-16          (c)  In this section, "close relative of a deceased victim,"
17-17    "guardian of a victim," and "victim" have the meanings assigned by
17-18    Article 56.01, Code of Criminal Procedure.
17-19          Sec. 841.122.  CONDITIONAL RELEASE TO LESS RESTRICTIVE
17-20    ALTERNATIVE.  (a)  The department shall provide or contract for the
17-21    provision of treatment to a person who is conditionally released to
17-22    a less restrictive alternative under this chapter.
17-23          (b)  The department shall enter into an interagency agreement
17-24    with the Texas Department of Criminal Justice for any necessary
17-25    supervision of a person who is conditionally released to a less
17-26    restrictive alternative under this chapter.  The Texas Department
17-27    of Criminal Justice shall provide or contract for the provision of
 18-1    supervision to the person.  The provision of supervision under this
 18-2    subchapter may include the provision of supervised housing to a
 18-3    person.
 18-4          (c)  A service provider other than the department or the
 18-5    Texas Department of Criminal Justice may provide a service to a
 18-6    person under this chapter only if the service provider agrees in
 18-7    writing to provide the service.
 18-8          Sec. 841.123.  CONDITIONAL RELEASE TO LESS RESTRICTIVE
 18-9    ALTERNATIVE; COURT ORDER.  (a)  The judge shall enter an order
18-10    directing a person's conditional release to a less restrictive
18-11    alternative if the judge determines that:
18-12                (1)  the conditional release is in the best interest of
18-13    the person and will protect the community;
18-14                (2)  the less restrictive alternative is available and
18-15    adequately funded;
18-16                (3)  the person will be treated by a qualified
18-17    treatment provider who:
18-18                      (A)  has presented to the court a specific course
18-19    of treatment and has agreed to assume responsibility for that
18-20    course of treatment; and
18-21                      (B)  will regularly report treatment progress and
18-22    will immediately report a violation of treatment requirements to
18-23    the Texas Department of Criminal Justice;
18-24                (4)  any proposed supervision is sufficient to protect
18-25    the community;
18-26                (5)  any proposed supervision provider has agreed:
18-27                      (A)  to provide the supervision at the level of
 19-1    security required by the judge; and
 19-2                      (B)  for a provider other than the Texas
 19-3    Department of Criminal Justice, to report the person's failure to
 19-4    comply with supervision requirements immediately to that
 19-5    department;
 19-6                (6)  the conditions described by Subsection (b) are
 19-7    sufficient to ensure the person's compliance with treatment and to
 19-8    protect the community; and
 19-9                (7)  the person is willing to comply with:
19-10                      (A)  the treatment requirements and any necessary
19-11    supervision requirements imposed by service providers; and
19-12                      (B)  the conditions imposed by the judge under
19-13    Subsection (b).
19-14          (b)  Before entering an order directing a person's
19-15    conditional release to a less restrictive alternative, the judge
19-16    shall impose on the person conditions necessary to ensure the
19-17    person's compliance with treatment and to protect the community.
19-18    The conditions may include:
19-19                (1)  requiring the person to reside in a particular
19-20    location;
19-21                (2)  prohibiting the person's contact with a victim or
19-22    potential victim of the person;
19-23                (3)  prohibiting the person's use of alcohol or a
19-24    controlled substance;
19-25                (4)  requiring the person's participation in a specific
19-26    course of treatment;
19-27                (5)  requiring the person to submit to a particular
 20-1    type of supervision;
 20-2                (6)  prohibiting the person from leaving the state
 20-3    without prior authorization from the judge; and
 20-4                (7)  any other conditions determined necessary by the
 20-5    judge.
 20-6          (c)  The Texas Department of Criminal Justice and the
 20-7    department on the order of the court shall examine the less
 20-8    restrictive alternative  proposed by the judge and recommend to the
 20-9    judge any additional conditions necessary to ensure the person's
20-10    compliance with treatment and to protect the community.
20-11          (d)  The judge shall provide to the person and to the service
20-12    providers a copy of the conditions imposed under Subsection (b).
20-13          (e)  A proposed course of treatment may include the
20-14    monitoring of a conditionally released person with a polygraph or
20-15    plethysmograph.
20-16          (f)  If the judge does not enter an order directing a
20-17    person's conditional release to a less restrictive alternative, the
20-18    judge shall remand the person to the custody of the commissioner
20-19    for control, care, and treatment at the special commitment center,
20-20    subject to  discharge in accordance with this chapter.
20-21          Sec. 841.124.  CONDITIONAL RELEASE TO LESS RESTRICTIVE
20-22    ALTERNATIVE; TREATMENT REPORT.   A treatment provider shall submit,
20-23    as frequently as directed by the Texas Department of Criminal
20-24    Justice, a report to that department stating whether the person is
20-25    complying with treatment requirements.
20-26          Sec. 841.125.  CONDITIONAL RELEASE TO LESS RESTRICTIVE
20-27    ALTERNATIVE; REVIEW.  (a)  A judge who conditionally releases a
 21-1    person under Section 841.123 shall conduct an annual review of the
 21-2    person's status.  The judge may conduct the review more frequently
 21-3    on the judge's own motion or on the motion of the person or the
 21-4    attorney representing the state.  On review, the judge shall
 21-5    determine whether to rescind or modify the person's conditional
 21-6    release.
 21-7          (b)  On a reasonable belief that a conditionally released
 21-8    person is not complying with a condition of release, needs
 21-9    additional care or treatment, or poses an immediate risk to public
21-10    safety,  the Texas Department of Criminal Justice, the department,
21-11    the attorney representing the state, or the judge who conditionally
21-12    released the person may cause the person to be taken into custody
21-13    and detained at the special commitment center until a hearing can
21-14    be scheduled to determine whether to rescind or modify the person's
21-15    conditional release.  If a person other than the judge  causes a
21-16    detention under this subsection, the person shall notify the judge
21-17    of the detention before the close of the next judicial day.
21-18          (c)  On the conditionally released person's detention at the
21-19    special commitment center and on request of either party, the
21-20    person and the attorney representing the state are entitled to an
21-21    immediate examination of the person.  A conditionally released
21-22    indigent person is entitled to expert services as approved by the
21-23    judge under Section 841.166.
21-24          (d)  The judge, on ordering the person's detention or on
21-25    receiving notice of that detention, promptly shall schedule a
21-26    hearing.  Hearsay evidence is admissible at the hearing if it is
21-27    considered otherwise reliable by the judge.  At the hearing, the
 22-1    judge shall determine:
 22-2                (1)  whether the state has proven beyond a reasonable
 22-3    doubt that the conditionally released person failed to comply with
 22-4    a condition of release;
 22-5                (2)  whether the person's conditional release should
 22-6    continue on the same or modified conditions; and
 22-7                (3)  whether to rescind the person's conditional
 22-8    release and remand the person to the custody of the commissioner
 22-9    for control, care, and treatment at the special commitment center,
22-10    subject to discharge in accordance with this chapter.
22-11          Sec. 841.126.  DEPARTMENTAL CERTIFICATE OR COURT ORDER
22-12    DIRECTING RETURN TO SPECIAL COMMITMENT CENTER.  (a)  By issuing a
22-13    certificate directing the return, the department may cause a person
22-14    to be taken into custody and returned to the special commitment
22-15    center if the department reasonably believes that the person:
22-16                (1)  is absent without authority from the center;
22-17                (2)  has violated a condition of release to a less
22-18    restrictive alternative; or
22-19                (3)  poses an immediate risk to public safety.
22-20          (b)  If the department issues a certificate under this
22-21    section, the judge may enter an order directing a peace officer to
22-22    take the person into custody and to return the person to the
22-23    special commitment center as soon as possible.
22-24          (c)  On direction by a departmental certificate or court
22-25    order under this section, a peace officer shall take the person
22-26    into custody and return the person to the special commitment center
22-27    as soon as possible.  The certificate or order need not be in the
 23-1    officer's possession at the time the officer acts under this
 23-2    subsection.
 23-3          (d)  A person commits an offense if the person is absent
 23-4    without authority from the special commitment center or if the
 23-5    person violates a condition of release to a less restrictive
 23-6    alternative.  An offense under this subsection is a state jail
 23-7    felony.
 23-8             (Sections 841.127-841.140 reserved for expansion
 23-9               SUBCHAPTER H.  ADMINISTRATION OF MEDICATIONS
23-10          Sec. 841.141.  DEFINITIONS.  In this subchapter:
23-11                (1)  "Capacity" means a person's ability to:
23-12                      (A)  understand the nature and consequences of a
23-13    proposed treatment, including the benefits and risks of and
23-14    alternatives to the proposed treatment; and
23-15                      (B)  make a decision whether to undergo the
23-16    proposed treatment.
23-17                (2)  "Medication-related emergency" means a situation
23-18    in which it is immediately necessary to administer medication to a
23-19    person to prevent:
23-20                      (A)  imminent probable death or substantial
23-21    bodily harm to the person because the person:
23-22                            (i)  overtly or continually is threatening
23-23    or attempting to commit suicide or serious bodily harm; or
23-24                            (ii)  is behaving in a manner that
23-25    indicates that the person is unable to satisfy the person's need
23-26    for nourishment, essential medical care, or self-protection; or
23-27                      (B)  imminent physical or emotional harm to
 24-1    another because of threats, attempts, or other acts the person
 24-2    overtly or continually makes or commits.
 24-3                (3)  "Psychoactive medication" means a medication that
 24-4    is prescribed for the treatment of symptoms of psychosis or other
 24-5    severe mental or emotional disorders and that is used to exercise
 24-6    an effect on the central nervous system to influence and modify
 24-7    behavior, cognition, or affective state when treating the symptoms
 24-8    of mental illness.  The term includes the following categories of
 24-9    medications:
24-10                      (A)  antipsychotics or neuroleptics;
24-11                      (B)  antidepressants;
24-12                      (C)  agents for control of mania or depression;
24-13                      (D)  antianxiety agents;
24-14                      (E)  sedatives, hypnotics, or other
24-15    sleep-promoting drugs; and
24-16                      (F)  psychomotor stimulants.
24-17          Sec. 841.142.  APPLICATION OF SUBCHAPTER.  This subchapter
24-18    applies only to the application of psychoactive medication to a
24-19    person:
24-20                (1)  who is subject to an order of commitment as a
24-21    sexually violent  predator under Section 841.064; or
24-22                (2)  for whom a petition for that commitment has been
24-23    filed under Section 841.041.
24-24          Sec. 841.143.  ADMINISTRATION OF MEDICATION TO PERSON.  A
24-25    person may not administer a psychoactive medication to a person who
24-26    refuses to take the medication voluntarily unless:
24-27                (1)  the person is having a medication-related
 25-1    emergency; or
 25-2                (2)  the person is under an order issued under Section
 25-3    841.146 authorizing the administration of the medication regardless
 25-4    of the person's refusal.
 25-5          Sec. 841.144.  PHYSICIAN'S APPLICATION FOR ORDER TO AUTHORIZE
 25-6    PSYCHOACTIVE MEDICATION; DATE OF HEARING.  (a)  A physician who is
 25-7    treating a person may, on behalf of the state, file an application
 25-8    in a probate court or a court with probate jurisdiction for an
 25-9    order to authorize the administration of a psychoactive medication
25-10    regardless of the person's refusal if:
25-11                (1)  the physician believes that the person lacks the
25-12    capacity to make a decision regarding the administration of the
25-13    psychoactive medication;
25-14                (2)  the physician determines that the medication is
25-15    the proper course of treatment for the person;
25-16                (3)  the person is subject to an order of commitment as
25-17    a sexually  violent predator under Section 841.064 or a petition
25-18    for that commitment has been filed under Section 841.041; and
25-19                (4)  the person, verbally or by other indication,
25-20    refuses to take the medication voluntarily.
25-21          (b)  An application filed under this section must state:
25-22                (1)  that the physician believes that the person lacks
25-23    the capacity to make a decision regarding administration of the
25-24    psychoactive medication and the reasons for that belief;
25-25                (2)  each medication the physician wants the court to
25-26    compel the person to take;
25-27                (3)  whether an order of commitment as a sexually
 26-1    violent predator has been issued under Section 841.064 or a
 26-2    petition for that commitment has been filed under Section 841.041;
 26-3    and
 26-4                (4)  the physician's diagnosis of the person.
 26-5          (c)  An application filed under this section is separate from
 26-6    a petition for commitment as a sexually violent predator.
 26-7          Sec. 841.145.  RIGHTS OF PERSON.  A person for whom an
 26-8    application for an order to authorize the administration of a
 26-9    psychoactive medication is filed is entitled to:
26-10                (1)  representation by a court-appointed attorney who
26-11    is knowledgeable about issues to be adjudicated at the hearing;
26-12                (2)  meet with that attorney as soon as is practicable
26-13    to prepare for the hearing and to discuss any of the person's
26-14    questions or concerns;
26-15                (3)  receive, immediately after the hearing is set, a
26-16    copy of the application and written notice of the time, place, and
26-17    date of the hearing;
26-18                (4)  be told, at the time personal notice of the
26-19    hearing is given, of the person's right to a hearing and right to
26-20    the assistance of an attorney to prepare for the hearing and to
26-21    answer any questions or concerns;
26-22                (5)  be present at the hearing;
26-23                (6)  request from the court an independent expert; and
26-24                (7)  oral notification, at the conclusion of the
26-25    hearing, of the court's determinations of the person's capacity and
26-26    best interests.
26-27          Sec. 841.146.  HEARING ON PERSON'S CAPACITY AND ORDER
 27-1    AUTHORIZING PSYCHOACTIVE MEDICATION.  (a)  The court may issue an
 27-2    order authorizing the administration of one or more classes of
 27-3    psychoactive medication only if the court finds by clear and
 27-4    convincing evidence after the hearing that:
 27-5                (1)  the person is subject to an order of commitment as
 27-6    a sexually violent predator under Section 841.064 or a petition for
 27-7    that commitment has been filed under Section 841.041;
 27-8                (2)  the person lacks the capacity to make a decision
 27-9    regarding the administration of the proposed medication; and
27-10                (3)  treatment with the proposed medication is in the
27-11    best interest of the person.
27-12          (b)  In making its findings, the court shall consider:
27-13                (1)  the person's expressed preferences regarding
27-14    treatment with psychoactive medication;
27-15                (2)  the person's religious beliefs;
27-16                (3)  the risks and benefits to the person of taking
27-17    psychoactive medication;
27-18                (4)  the consequences to the person if the psychoactive
27-19    medication is not administered;
27-20                (5)  the prognosis for the person if the person is
27-21    treated with psychoactive medication; and
27-22                (6)  alternatives to treatment with psychoactive
27-23    medication.
27-24          (c)  A hearing under this subchapter shall be conducted on
27-25    the record by the probate judge or judge with probate jurisdiction,
27-26    except as provided by Subsection (d).
27-27          (d)  A judge may refer a hearing to a magistrate or
 28-1    court-appointed master who has training regarding psychoactive
 28-2    medications.  The magistrate or master may give the notice, set
 28-3    hearing dates, and appoint attorneys as required in this
 28-4    subchapter.  A record is not required if the hearing is held by a
 28-5    magistrate or court-appointed master.
 28-6          (e)  A party is entitled to a hearing de novo by the judge if
 28-7    an appeal of the magistrate's or master's report is filed with the
 28-8    court within three days after the date the report is issued.  The
 28-9    hearing  shall be held within 30 days of the date of the filing of
28-10    the application for an order to authorize psychoactive medication.
28-11          (f)  If a hearing or an appeal of a master's or magistrate's
28-12    report is to be held in a county court in which the judge is not a
28-13    licensed attorney, the person or the person's attorney may request
28-14    that the proceeding be transferred to a court in which the judge is
28-15    licensed to practice law in this state.  The county judge shall
28-16    transfer the case after receiving the request, and the receiving
28-17    court shall hear the case as if it had been originally filed in
28-18    that court.
28-19          (g)  As soon as practicable after the conclusion of the
28-20    hearing, the person is entitled to have provided to the person and
28-21    the person's attorney written notification of the court's
28-22    determinations under this section.  The notification must include a
28-23    statement of the evidence on which the court relied and the reasons
28-24    for the court's determinations.
28-25          (h)  An order entered under this section may authorize the
28-26    administration to a person, regardless of the person's refusal, of
28-27    one or more classes of psychoactive medications specified in the
 29-1    application and consistent with the person's diagnosis.  The order
 29-2    may permit an increase or decrease in a medication's dosage, the
 29-3    restitution of medication authorized but discontinued during the
 29-4    period the order is valid, or the substitution of a medication
 29-5    within the same class.
 29-6          (i)  The classes of psychoactive medications in the order
 29-7    must conform to classes determined by the department.
 29-8          (j)  An order issued under this section may be reauthorized
 29-9    or modified on the petition of a party.  The order remains in
29-10    effect pending action on a petition for reauthorization or
29-11    modification.  A modification of an order may change a class of
29-12    medication authorized in the order.
29-13          Sec. 841.147.  COSTS.  The costs for hearings under this
29-14    subchapter shall be paid by the probate court or court with probate
29-15    jurisdiction in which the application is filed.
29-16          Sec. 841.148.  APPEAL.  (a)  A person may appeal an order
29-17    under this subchapter.
29-18          (b)  An order under this subchapter is effective pending an
29-19    appeal of the order.
29-20          Sec. 841.149.  EFFECT OF ORDER.  (a)  A person's consent to
29-21    take a psychoactive medication is not valid and may not be relied
29-22    on if the person is subject to an order issued under Section
29-23    841.146.
29-24          (b)  The issuance of an order under Section 841.146 is not a
29-25    determination or adjudication of mental incompetency and does not
29-26    limit in any other respect that person's rights as a citizen or the
29-27    person's property rights or legal capacity.
 30-1          Sec. 841.150.  EXPIRATION OF ORDER.  An order issued under
 30-2    Section 841.146 expires on the expiration or termination date of
 30-3    the order of commitment as a sexually violent predator.
 30-4             (Sections 841.151-841.160 reserved for expansion
 30-5                  SUBCHAPTER I.  MISCELLANEOUS PROVISIONS
 30-6          Sec. 841.161.  RULEMAKING AUTHORITY.  (a)  The board by rule
 30-7    shall administer this chapter.  Rules adopted by the board under
 30-8    this section must be consistent with the purposes of this chapter.
 30-9          (b)  The board by rule shall define for persons committed
30-10    under this chapter appropriate rights based on individualized risk
30-11    assessments of those persons.
30-12          Sec. 841.162.  RELEASE OR EXCHANGE OF INFORMATION.  (a)  To
30-13    protect the public and to enable a determination of whether a
30-14    person is a sexually violent predator, any entity that possesses
30-15    relevant information relating to a person's predator status shall
30-16    release the information to an entity charged with determining that
30-17    status, regardless of whether the information is otherwise
30-18    confidential and regardless of when the information was created or
30-19    collected.
30-20          (b)  To protect the public and to enable the provision of
30-21    control, care, and treatment to a sexually violent predator, any
30-22    entity that possesses relevant information relating to a person's
30-23    predator status shall release the information to the department,
30-24    regardless of whether the information is otherwise confidential and
30-25    regardless of when the information was created or collected.
30-26          (c)  On the written request of any attorney for another state
30-27    or political subdivision, the Texas Department of Criminal Justice,
 31-1    the department, a service provider contracting with one of those
 31-2    agencies, the multidisciplinary team, and the attorney representing
 31-3    the state shall release to the attorney any available information
 31-4    regarding a person that is sought in connection with an attempt to
 31-5    civilly commit the person as a sexually violent predator in another
 31-6    state.
 31-7          (d)  To facilitate and encourage the effective control, care,
 31-8    and treatment of a person and to protect the public, the Texas
 31-9    Department  of Criminal Justice, the department, a service provider
31-10    contracting with one of those agencies, the multidisciplinary team,
31-11    and the attorney representing the state may exchange any available
31-12    information regarding the person.
31-13          (e)  Information subject to release or exchange under this
31-14    section includes information relating to the care, treatment,
31-15    criminal history, or physical or mental health of the person, as
31-16    appropriate.  The person's consent is not required for release or
31-17    exchange of information under this section.
31-18          Sec. 841.163.  REPORT, RECORD, OR STATEMENT SUBMITTED TO
31-19    COURT.  (a)  A psychological report, drug and alcohol report,
31-20    treatment record, report of the diagnostic center, medical record,
31-21    or victim impact statement submitted to the court under this
31-22    chapter is part of the record of the court.
31-23          (b)  Notwithstanding Subsection (a), the report, record, or
31-24    statement must be sealed and may be opened only on order of the
31-25    judge or as provided by this chapter.
31-26          Sec. 841.164.  CONSTITUTIONAL REQUIREMENTS FOR CARE AND
31-27    TREATMENT.  The detention or commitment of a person under this
 32-1    chapter must conform to constitutional requirements for care and
 32-2    treatment.
 32-3          Sec. 841.165.  COUNSEL.  (a)  At all stages of the civil
 32-4    commitment proceedings under this chapter, a detained or committed
 32-5    person is entitled to the assistance of counsel.
 32-6          (b)  If the person is indigent, the court shall appoint
 32-7    counsel to assist the person.
 32-8          Sec. 841.166.  EXPERT.  (a)  A person who is examined under
 32-9    this chapter may retain an expert to perform an examination or
32-10    participate in a civil commitment proceeding on the person's
32-11    behalf.
32-12          (b)  On the request of an indigent person examined under this
32-13    chapter, the judge shall determine whether expert services for the
32-14    person are necessary.  If the judge determines that the services
32-15    are necessary, the judge shall appoint an expert to perform an
32-16    examination or participate in a civil commitment proceeding on the
32-17    person's behalf.
32-18          (c)  The court shall approve reasonable compensation for
32-19    expert services rendered on behalf of an indigent person on the
32-20    filing of a certified compensation claim supported by a written
32-21    statement specifying:
32-22                (1)  time expended on behalf of the person;
32-23                (2)  services rendered on behalf of the person;
32-24                (3)  expenses incurred on behalf of the person; and
32-25                (4)  compensation received in the same case or for the
32-26    same services from any other source.
32-27          (d)  The court shall ensure that an expert retained or
 33-1    appointed under this section has for purposes of examination
 33-2    reasonable access to a person examined under this chapter, as well
 33-3    as to all relevant medical and psychological records and reports.
 33-4          Sec. 841.167.  CIVIL COMMITMENT PROCEEDING; PROCEDURE AND
 33-5    COSTS.  (a)  On request, a person subject to a civil commitment
 33-6    proceeding under this chapter and the attorney representing the
 33-7    state are entitled to a jury trial or a hearing before a jury for
 33-8    that proceeding.
 33-9          (b)  A civil commitment proceeding is subject to the rules of
33-10    procedure and appeal for civil cases.
33-11          (c)  Except as provided by Subchapter H, the state shall pay
33-12    the costs of a civil commitment proceeding conducted under this
33-13    chapter.
33-14          Sec. 841.168.  IMMUNITY.  The following persons are immune
33-15    from liability for good faith conduct under this chapter:
33-16                (1)  an employee or officer of the department or of the
33-17    Texas Department of Criminal Justice;
33-18                (2)  a member of the multidisciplinary team established
33-19    under Section 841.022;
33-20                (3)  the attorney representing the state; and
33-21                (4)  a person contracting, appointed, or volunteering
33-22    to perform a service under this chapter.
33-23          SECTION 2.  Sections 51.13(a) and (b), Family Code, are
33-24    amended to read as follows:
33-25          (a)  Except as provided by Subsection (d), an order of
33-26    adjudication or disposition in a proceeding under this title is not
33-27    a conviction of crime.  Except as provided by Chapter 841, Health
 34-1    and Safety Code, an order of adjudication or disposition [, and]
 34-2    does not impose any civil disability ordinarily resulting from a
 34-3    conviction or operate to disqualify the child in any civil service
 34-4    application or appointment.
 34-5          (b)  The adjudication or disposition of a child or evidence
 34-6    adduced in a hearing under this title may be used only in
 34-7    subsequent:
 34-8                (1)  proceedings under this title in which the child is
 34-9    a party;
34-10                (2)  [or in subsequent] sentencing proceedings in
34-11    criminal court against the child to the extent permitted by the
34-12    Texas Code of Criminal Procedure, 1965; or
34-13                (3)  civil commitment proceedings under Chapter 841,
34-14    Health and Safety Code.
34-15          SECTION 3.  Section 494.008(a), Government Code, is amended
34-16    to read as follows:
34-17          (a)  The director of the institutional division or the
34-18    director's designee may authorize employees of the institutional
34-19    division to transport inmates and to apprehend escapees from any
34-20    division of the department.  The director or the director's
34-21    designee may also authorize those employees to transport and to
34-22    apprehend persons subject to civil commitment proceedings under
34-23    Chapter 841, Health and Safety Code.  An employee acting under
34-24    authority granted by the director has the same powers and duties as
34-25    a peace officer under the laws of this state, except that the
34-26    employee may not act without receiving express orders from the
34-27    director or the director's designee, and may exercise those powers
 35-1    and perform those duties throughout the state but only during duty
 35-2    hours.
 35-3          SECTION 4.  Section 250.001(3), Health and Safety Code, is
 35-4    amended to read as follows:
 35-5                (3)  "Facility" means:
 35-6                      (A)  a nursing home, custodial care home, or
 35-7    other institution licensed by the Texas Department of Human
 35-8    Services under Chapter 242;
 35-9                      (B)  a personal care facility licensed by the
35-10    Texas Department of Human Services under Chapter 247;
35-11                      (C)  a home health agency licensed by the Texas
35-12    Department of Health under Chapter 142;
35-13                      (D)  an adult day care facility or adult day
35-14    health care facility licensed by the Texas Department of Human
35-15    Services under Chapter 103, Human Resources Code;
35-16                      (E)  a facility for persons with mental
35-17    retardation licensed or certified by the Texas Department of Human
35-18    Services;
35-19                      (F)  an unlicensed attendant care agency that
35-20    contracts with the Texas Department of Human Services;
35-21                      (G)  an intermediate care facility for persons
35-22    with mental retardation that is certified by the Texas Department
35-23    of Human Services to participate in the Medicaid program under
35-24    Title XIX of the Social Security Act (42 U.S.C. Section 1396 et
35-25    seq.);
35-26                      (H)  an adult foster care provider that contracts
35-27    with the Texas Department of Human Services;  [or]
 36-1                      (I)  a facility that provides mental health
 36-2    services and that is operated by or contracts with the Texas
 36-3    Department of Mental Health and Mental Retardation; or
 36-4                      (J)  a facility established under Chapter 841
 36-5    that provides control, care, and treatment to sexually violent
 36-6    predators and that is operated by or contracts with the Texas
 36-7    Department of Mental Health and Mental Retardation or the Texas
 36-8    Department of Criminal Justice.
 36-9          SECTION 5.  Chapter 321, Health and Safety Code, is amended
36-10    by adding Section 321.005 to read as follows:
36-11          Sec. 321.005.  APPLICATION OF CHAPTER.  This chapter does
36-12    not:
36-13                (1)  apply to the special commitment center established
36-14    for sexually violent predators under Chapter 841; or
36-15                (2)  waive an immunity defense that is otherwise
36-16    available under that chapter.
36-17          SECTION 6.  Subchapter D, Chapter 533,  Health and Safety
36-18    Code, is amended by adding Section 533.0851 to read as follows:
36-19          Sec. 533.0851.  FACILITIES FOR PREDATOR CARE.  (a)
36-20    Contingent on the agreement of the governing board of the
36-21    department and the governing board of the Texas Department of
36-22    Criminal Justice, the department may transfer a part of Rusk State
36-23    Hospital to the Texas Department of Criminal Justice for the
36-24    confinement of sexually violent predators under Chapter 841.
36-25          (b)  In this section, "transfer" means to convey title to,
36-26    lease, or otherwise convey the beneficial use of facilities,
36-27    equipment, and land appurtenant to the facilities.
 37-1          SECTION 7.  (a)  Except as provided by Subsection (b), the
 37-2    change in law made by this Act applies only to an individual who on
 37-3    or after the effective date of this Act is serving a sentence in
 37-4    the Texas Department of Criminal Justice or is committed to the
 37-5    Texas Department of Mental Health and Mental Retardation for an
 37-6    offense committed before, on, or after the effective date of this
 37-7    Act.
 37-8          (b)  The change in law made by this Act applies only to
 37-9    delinquent conduct that occurs on or after January 1, 1996.
37-10    Conduct violating a penal law of this state occurs on or after
37-11    January 1, 1996, if every element of the violation occurs on or
37-12    after that date.  Conduct that occurs before January 1, 1996, is
37-13    covered by the law in effect at the time the conduct occurred, and
37-14    the former law is continued in effect for that purpose.
37-15          SECTION 8.  This Act takes effect September 1, 1999.
37-16          SECTION 9.  The importance of this legislation and the
37-17    crowded condition of the calendars in both houses create an
37-18    emergency and an imperative public necessity that the
37-19    constitutional rule requiring bills to be read on three several
37-20    days in each house be suspended, and this rule is hereby suspended.