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.
2-31 * * * * *