By Capelo                                             H.B. No. 3231
         76R7007 SMJ-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the consent of a person on psychoactive medication to
 1-3     the use of electroconvulsive therapy.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 578.003(d), Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           (d)  Consent given under this section is not valid unless the
 1-8     person giving the consent understands the information presented and
 1-9     consents voluntarily and without coercion or undue influence.  A
1-10     person who is receiving psychoactive medication under a court order
1-11     issued under Section 574.106 may not consent under this section to
1-12     the use of electroconvulsive therapy.  The consent of a person who
1-13     is receiving psychoactive medication under a court order is invalid
1-14     and may not be relied on for the purpose of administering
1-15     electroconvulsive therapy.
1-16           SECTION 2.  The change in law made by this Act applies only
1-17     to the use of electroconvulsive therapy under Chapter 578, Health
1-18     and Safety Code,  on or after the effective date of this Act.  The
1-19     use of electroconvulsive therapy under Chapter 578, Health and
1-20     Safety Code, before the effective date of this Act is governed by
1-21     the law in effect immediately before the effective date, and that
1-22     law is continued in effect for that purpose.
1-23           SECTION 3.  The importance of this legislation and the
1-24     crowded condition of the calendars in both houses create an
 2-1     emergency and an imperative public necessity that the
 2-2     constitutional rule requiring bills to be read on three several
 2-3     days in each house be suspended, and this rule is hereby suspended,
 2-4     and that this Act take effect and be in force from and after its
 2-5     passage, and it is so enacted.