1-1 AN ACT
1-2 relating to the procedures for returning an absent patient to a
1-3 facility for court-ordered treatment or care.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 574.083, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 574.083. RETURN TO FACILITY UNDER [FACILITY
1-8 ADMINISTRATOR'S CERTIFICATE OR] COURT ORDER. (a) The facility
1-9 administrator of a facility to which a patient was admitted for
1-10 court-ordered inpatient health care services may have an absent
1-11 patient taken into custody, detained, and returned to the facility
1-12 by filing an affidavit as prescribed by Subsection (c)[:]
1-13 [(1) signing a certificate authorizing the patient's
1-14 return; or]
1-15 [(2) filing the certificate] with a magistrate and
1-16 requesting the magistrate to order the patient's return.
1-17 (b) A magistrate may issue an order directing a peace or
1-18 health officer to take a patient into custody and return the
1-19 patient to the facility if the facility administrator files the
1-20 affidavit [certificate as] prescribed by Subsection (c) [this
1-21 section]. An order issued under this subsection extends to any
1-22 part of this state and authorizes any peace officer to whom the
1-23 order is directed or transferred to execute the order.
1-24 (c) An affidavit filed under Subsection (a) must set out
2-1 facts establishing that the patient is receiving court-ordered
2-2 inpatient mental health services at a facility and show that [The
2-3 facility administrator may sign or file the certificate if] the
2-4 facility administrator reasonably believes that:
2-5 (1) the patient is absent without authority from the
2-6 facility;
2-7 (2) the patient has violated the conditions of a pass
2-8 or furlough; or
2-9 (3) the patient's condition has deteriorated to the
2-10 extent that the patient's continued absence from the facility under
2-11 a pass or furlough is inappropriate.
2-12 (d) A peace or health officer shall take the patient into
2-13 custody and return the patient to the facility as soon as possible
2-14 if the patient's return is authorized by [the facility
2-15 administrator's certificate or] the court order.
2-16 (e) The peace or health officer may take the patient into
2-17 custody without having the [certificate or] court order in the
2-18 officer's possession.
2-19 (f) A peace or health officer who cannot immediately return
2-20 a patient to the facility named in the order may transport the
2-21 patient to a local facility for detention. The patient may not be
2-22 detained in a nonmedical facility that is used to detain persons
2-23 who are charged with or convicted of a crime unless detention in
2-24 the facility is warranted by an extreme emergency. If the patient
2-25 is detained at a nonmedical facility:
2-26 (1) the patient:
2-27 (A) may not be detained in the facility for more
3-1 than 24 hours; and
3-2 (B) must be isolated from all persons charged
3-3 with or convicted of a crime; and
3-4 (2) the facility must notify the county health
3-5 authority of the detention.
3-6 (g) The county health authority shall ensure that a patient
3-7 detained in a nonmedical facility under Subsection (f) receives
3-8 proper care and medical attention.
3-9 (h) Notwithstanding other law regarding confidentiality of
3-10 patient information, the facility administrator may release to a
3-11 law enforcement official information about the patient if the
3-12 administrator determines the information is needed to facilitate
3-13 the return of the patient to the facility.
3-14 SECTION 2. Section 593.012, Health and Safety Code, is
3-15 amended to read as follows:
3-16 Sec. 593.012. ABSENT WITHOUT AUTHORITY [PERMISSION]. (a)
3-17 The superintendent of a residential care facility to which a client
3-18 has been admitted for court-ordered care and treatment may have a
3-19 client who is absent without authority taken into custody,
3-20 detained, and returned to the facility by filing an affidavit with
3-21 a magistrate in the manner prescribed by Section 574.083 [may
3-22 immediately issue an order authorizing a peace officer to detain a
3-23 resident committed to the facility under Subchapter C who is absent
3-24 from the facility without proper permission].
3-25 (b) The client shall be returned to the residential care
3-26 facility in accordance with the procedures prescribed by Section
3-27 574.083 [A peace officer shall immediately notify the
4-1 superintendent when the officer takes a resident into custody and
4-2 shall promptly arrange the return of the resident to the assigned
4-3 facility on request of the superintendent].
4-4 SECTION 3. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended,
4-9 and that this Act take effect and be in force from and after its
4-10 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2892 was passed by the House on May
11, 1999, by the following vote: Yeas 148, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2892 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor