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.