1-1     By:  Hartnett (Senate Sponsor - Nelson)               H.B. No. 2892
 1-2           (In the Senate - Received from the House May 11, 1999;
 1-3     May 12, 1999, read first time and referred to Committee on Health
 1-4     Services; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the procedures for returning an absent patient to a
 1-9     facility for court-ordered treatment or care.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 574.083, Health and Safety Code, is
1-12     amended to read as follows:
1-13           Sec. 574.083.  RETURN TO FACILITY UNDER [FACILITY
1-14     ADMINISTRATOR'S CERTIFICATE OR] COURT ORDER.  (a)  The facility
1-15     administrator of a facility to which a patient was admitted for
1-16     court-ordered inpatient health care services may have an absent
1-17     patient taken into custody, detained, and returned to the facility
1-18     by filing an affidavit as prescribed by Subsection (c)[:]
1-19                 [(1)  signing a certificate authorizing the patient's
1-20     return; or]
1-21                 [(2)  filing the certificate] with a magistrate and
1-22     requesting the magistrate to order the patient's return.
1-23           (b)  A magistrate may issue an order directing a peace or
1-24     health officer to take a patient into custody and return the
1-25     patient to the facility if the facility administrator files the
1-26     affidavit [certificate as] prescribed by Subsection (c) [this
1-27     section].  An order issued under this subsection extends to any
1-28     part of this state and authorizes any peace officer to whom the
1-29     order is directed or transferred to execute the order.
1-30           (c)  An affidavit filed under Subsection (a)  must set out
1-31     facts establishing that the patient is receiving court-ordered
1-32     inpatient mental health services at a facility and show that [The
1-33     facility administrator may sign or file the certificate if] the
1-34     facility administrator reasonably believes that:
1-35                 (1)  the patient is absent without authority from the
1-36     facility;
1-37                 (2)  the patient has violated the conditions of a pass
1-38     or furlough; or
1-39                 (3)  the patient's condition has deteriorated to the
1-40     extent that the patient's continued absence from the facility under
1-41     a pass or furlough is inappropriate.
1-42           (d)  A peace or health officer shall take the patient into
1-43     custody and return the patient to the facility as soon as possible
1-44     if the patient's return is authorized by [the facility
1-45     administrator's certificate or] the court order.
1-46           (e)  The peace or health officer may take the patient into
1-47     custody without having the [certificate or] court order in the
1-48     officer's possession.
1-49           (f)  A peace or health officer who cannot immediately return
1-50     a patient to the facility named in the order may transport the
1-51     patient to a local facility for detention.  The patient may not be
1-52     detained in a nonmedical facility that is used to detain persons
1-53     who are charged with or convicted of a crime unless detention in
1-54     the facility is warranted by an extreme emergency.  If the patient
1-55     is detained at a nonmedical facility:
1-56                 (1)  the patient:
1-57                       (A)  may not be detained in the facility for more
1-58     than 24 hours; and
1-59                       (B)  must be isolated from all persons charged
1-60     with or convicted of a crime; and
1-61                 (2)  the facility must notify the county health
1-62     authority of the detention.
1-63           (g)  The county health authority shall ensure that a patient
1-64     detained in a nonmedical facility under Subsection (f) receives
 2-1     proper care and medical attention.
 2-2           (h)  Notwithstanding other law regarding confidentiality of
 2-3     patient information, the facility administrator may release to a
 2-4     law enforcement official information about the patient if the
 2-5     administrator determines the information is needed to facilitate
 2-6     the return of the patient to the facility.
 2-7           SECTION 2.  Section 593.012, Health and Safety Code, is
 2-8     amended to read as follows:
 2-9           Sec. 593.012.  ABSENT WITHOUT AUTHORITY [PERMISSION].  (a)
2-10     The superintendent of a residential care facility to which a client
2-11     has been admitted for court-ordered care and treatment may have a
2-12     client who is absent without authority taken into custody,
2-13     detained, and returned to the facility by filing an affidavit with
2-14     a magistrate in the manner prescribed by Section 574.083 [may
2-15     immediately issue an order authorizing a peace officer to detain a
2-16     resident committed to the facility under Subchapter C who is absent
2-17     from the facility without proper permission].
2-18           (b)  The client shall be returned to the residential care
2-19     facility in accordance with the procedures prescribed by Section
2-20     574.083 [A peace officer shall immediately notify the
2-21     superintendent when the officer takes a resident into custody and
2-22     shall promptly arrange the return of the resident to the assigned
2-23     facility on request of the superintendent].
2-24           SECTION 3.  The importance of this legislation and the
2-25     crowded condition of the calendars in both houses create an
2-26     emergency and an imperative public necessity that the
2-27     constitutional rule requiring bills to be read on three several
2-28     days in each house be suspended, and this rule is hereby suspended,
2-29     and that this Act take effect and be in force from and after its
2-30     passage, and it is so enacted.
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