1-1     By:  Shapiro, et al.                                    S.B. No. 29
 1-2           (In the Senate - Filed November 9, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     April 12, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 8, Nays 0; April 12, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 29                   By:  Shapiro
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the civil commitment of sexually violent predators;
1-11     providing a penalty.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  The Health and Safety Code is amended by adding
1-14     Title 11 to read as follows:
1-15          TITLE 11.  CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
1-16        CHAPTER 841.  CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
1-17                      SUBCHAPTER A.  GENERAL PROVISIONS
1-18           Sec. 841.001.  LEGISLATIVE FINDINGS.  The legislature finds
1-19     that a small but extremely dangerous group of sexually violent
1-20     predators exists.  The legislature finds that a sexually violent
1-21     predator does not have a mental illness, disease, or condition that
1-22     renders the predator appropriate for commitment under Subtitle C,
1-23     Title 7, because that law is primarily intended to provide
1-24     short-term treatment to a person with a serious mental disorder and
1-25     then return that person to the community.  In contrast to a person
1-26     who is appropriate for involuntary commitment under Subtitle C,
1-27     Title 7, a sexually violent predator generally has a behavioral
1-28     abnormality that is not amenable to existing mental illness
1-29     treatment modalities and that makes the predator likely to engage
1-30     in sexually violent behavior.  The legislature finds that a
1-31     sexually violent predator is highly likely to engage in repeat acts
1-32     of predatory sexual violence.  The existing involuntary commitment
1-33     provisions of Subtitle C, Title 7, are inadequate to address the
1-34     risk that a sexually violent predator poses to society.  The
1-35     legislature also finds that the prognosis for curing a sexually
1-36     violent predator is poor, and research is vitally important to the
1-37     improvement of the efficacy of treatment.  The legislature also
1-38     finds that the treatment needs of the population of sexually
1-39     violent predators are long-term, and the treatment modalities for
1-40     that population are different from the traditional treatment
1-41     modalities for persons appropriate for involuntary commitment under
1-42     Subtitle C, Title 7.  The legislature further finds that a civil
1-43     commitment procedure for the long-term control, care, and treatment
1-44     of sexually violent predators is necessary.
1-45           Sec. 841.002.  DEFINITIONS.  In this chapter:
1-46                 (1)  "Attorney representing the state" means an
1-47     attorney employed by the prison prosecution unit to prosecute civil
1-48     commitment proceedings under this chapter.
1-49                 (2)  "Behavioral abnormality" means a congenital or
1-50     acquired condition that, by affecting a person's emotional or
1-51     volitional capacity, predisposes the person to commit a sexually
1-52     violent offense, to the extent that the person becomes a menace to
1-53     the health and safety of another person.
1-54                 (3)  "Board" means the Texas Board of Mental Health and
1-55     Mental Retardation.
1-56                 (4)  "Commissioner" means the commissioner of the
1-57     department or a designee of the commissioner of the department.
1-58                 (5)  "Department" means the Texas Department of Mental
1-59     Health and Mental Retardation.
1-60                 (6)  "Predatory act" means an act that is committed for
1-61     the purpose of victimization and that is directed toward:
1-62                       (A)  a stranger;
1-63                       (B)  a person of casual acquaintance with whom no
1-64     substantial relationship exists; or
 2-1                       (C)  a person with whom a relationship has been
 2-2     established or promoted for the purpose of victimization.
 2-3                 (7)  "Repeat sexually violent offender" has the meaning
 2-4     assigned by Section 841.003.
 2-5                 (8)  "Secure correctional facility" means a county jail
 2-6     or a confinement facility operated by or under contract with any
 2-7     division of the Texas Department of Criminal Justice.
 2-8                 (9)  "Sexually violent offense" means:
 2-9                       (A)  an offense under Section 21.11(a)(1),
2-10     22.011, or 22.021, Penal Code;
2-11                       (B)  an offense under Section 20.04(a)(4), Penal
2-12     Code, if the defendant committed the offense with the intent to
2-13     violate or abuse the victim sexually;
2-14                       (C)  an offense under Section 30.02, Penal Code,
2-15     if the offense is punishable under Subsection (d) of that section
2-16     and the defendant committed the offense with the intent to commit
2-17     an offense listed in Paragraph (A) or (B);
2-18                       (D)  an attempt, conspiracy, or solicitation, as
2-19     defined by Chapter 15, Penal Code, to commit an offense listed in
2-20     Paragraph (A), (B), or (C);
2-21                       (E)  an offense under prior state law that
2-22     contains elements substantially similar to the elements of an
2-23     offense listed in Paragraph (A), (B), (C), or (D); or
2-24                       (F)  an offense under the law of another state,
2-25     federal law, or the Uniform Code of Military Justice that contains
2-26     elements substantially similar to the elements of an offense listed
2-27     in Paragraph (A), (B), (C), or (D).
2-28                 (10)  "Sexually violent predator" has the meaning
2-29     assigned by Section 841.003.
2-30                 (11)  "Special commitment center" means the facility
2-31     operated pursuant to an interagency contract between the department
2-32     and the Texas Department of Criminal Justice for the purpose of
2-33     confining sexually violent predators.
2-34           Sec. 841.003.  SEXUALLY VIOLENT PREDATOR.  (a)  A person is a
2-35     sexually violent predator for the purposes of this chapter if the
2-36     person:
2-37                 (1)  is a repeat sexually violent offender; and
2-38                 (2)  suffers from a behavioral abnormality that makes
2-39     the person likely to engage in a predatory act of sexual violence
2-40     if the person is not confined in the special commitment center.
2-41           (b)  A person is a repeat sexually violent offender for the
2-42     purposes of this chapter if the person is convicted of more than
2-43     one sexually violent offense and a sentence is imposed for at least
2-44     one of the offenses or if:
2-45                 (1)  the person:
2-46                       (A)  is convicted of a sexually violent offense,
2-47     regardless of whether the sentence for the offense was ever imposed
2-48     or whether the sentence was probated and the person was
2-49     subsequently discharged from community supervision;
2-50                       (B)  enters a plea of guilty or nolo contendere
2-51     for a sexually violent offense in return for a grant of deferred
2-52     adjudication;
2-53                       (C)  is adjudged not guilty by reason of insanity
2-54     of a sexually violent offense; or
2-55                       (D)  is adjudicated by a juvenile court as having
2-56     engaged in delinquent conduct constituting a sexually violent
2-57     offense and is committed to the Texas Youth Commission under
2-58     Section 54.04(d)(3) or (m), Family Code; and
2-59                 (2)  after the date on which under Subdivision (1) the
2-60     person is convicted, receives a grant of deferred adjudication, is
2-61     adjudged not guilty by reason of insanity, or is adjudicated by a
2-62     juvenile court as having engaged in delinquent conduct, the person
2-63     commits a sexually violent offense for which the person:
2-64                       (A)  is convicted, but only if the sentence for
2-65     the offense is imposed; or
2-66                       (B)  is adjudged not guilty by reason of
2-67     insanity.
2-68           Sec. 841.004.  PRISON PROSECUTION UNIT.  A special division
2-69     of the prison prosecution unit, separate from that part of the unit
 3-1     responsible for prosecuting criminal cases, is responsible for
 3-2     prosecuting civil commitment proceedings under this chapter.
 3-3           Sec. 841.005.  APPLICATION OF CHAPTER.  This chapter does
 3-4     not:
 3-5                 (1)  prohibit a person committed under this chapter
 3-6     from filing at any time a petition for discharge or a petition for
 3-7     conditional release to a less restrictive alternative under this
 3-8     chapter; or
 3-9                 (2)  create for the committed person a cause of action
3-10     against another person for failure to give notice within a period
3-11     required by Subchapter B.
3-12              (Sections 841.006-841.020 reserved for expansion
3-13                SUBCHAPTER B.  NOTICE OF POTENTIAL PREDATOR;
3-14                           INITIAL DETERMINATIONS
3-15           Sec. 841.021.  NOTICE OF POTENTIAL PREDATOR.  (a)  Before the
3-16     person's anticipated release date, the Texas Department of Criminal
3-17     Justice shall give to the multidisciplinary team established under
3-18     Section 841.022 written notice of the anticipated release of a
3-19     person who:
3-20                 (1)  is serving a sentence for a sexually violent
3-21     offense; and
3-22                 (2)  appears to be a repeat sexually violent offender.
3-23           (b)  Before the person's anticipated discharge date, the
3-24     department shall give to the multidisciplinary team established
3-25     under Section 841.022 written notice of the anticipated discharge
3-26     of a person who:
3-27                 (1)  is committed to the department after having been
3-28     adjudged not guilty by reason of insanity of a sexually violent
3-29     offense; and
3-30                 (2)  appears to be a repeat sexually violent offender.
3-31           (c)  The Texas Department of Criminal Justice or the
3-32     department, as appropriate, shall attempt to give the notice
3-33     described by Subsection (a) or (b) not later than the 120th day
3-34     before the person's anticipated release or discharge date, but in
3-35     no event may that agency give the notice after the anticipated
3-36     release or discharge date.  The notice must contain the following
3-37     information:
3-38                 (1)  the person's name, identifying factors,
3-39     anticipated residence after release or discharge, and criminal
3-40     history; and
3-41                 (2)  documentation of the person's institutional
3-42     adjustment and actual treatment.
3-43           Sec. 841.022.  MULTIDISCIPLINARY TEAM.  (a)  The executive
3-44     director of the Texas Department of Criminal Justice and the
3-45     commissioner jointly shall establish a multidisciplinary team to
3-46     review available records of a person referred to the team under
3-47     Section 841.021.  The team must include:
3-48                 (1)  two persons from the department;
3-49                 (2)  three persons from the Texas Department of
3-50     Criminal Justice, one of whom must be from the victim services
3-51     office of that department;
3-52                 (3)  one person from the Department of Public Safety of
3-53     the State of Texas; and
3-54                 (4)  one person from the Interagency Council on Sex
3-55     Offender Treatment.
3-56           (b)  The multidisciplinary team may request the assistance of
3-57     other persons in making a determination under this section.
3-58           (c)  Not later than the 30th day after the date the
3-59     multidisciplinary team receives notice under Section 841.021(a) or
3-60     (b), the team shall:
3-61                 (1)  determine whether the person is a repeat sexually
3-62     violent offender;
3-63                 (2)  give notice of that determination to the Texas
3-64     Department of Criminal Justice or the department, as appropriate;
3-65     and
3-66                 (3)  refer the person to the special commitment center
3-67     for examination, if the team determines that the person is a repeat
3-68     sexually violent offender.
3-69           Sec. 841.023.  SPECIAL COMMITMENT CENTER.  (a)  The Texas
 4-1     Department of Criminal Justice or the department, as appropriate,
 4-2     may transfer to the special commitment center a person referred to
 4-3     the center under Section 841.022(c).
 4-4           (b)  The special commitment center shall determine whether
 4-5     the person is a sexually violent predator not later than the 30th
 4-6     day after the date of a referral under Section 841.022(c).  To aid
 4-7     in this determination, the center shall designate an expert to
 4-8     examine the person.  The expert shall make a clinical assessment
 4-9     based on testing for psychopathy, a clinical interview, and other
4-10     appropriate assessments and techniques to determine whether the
4-11     person suffers from a behavioral abnormality that makes the person
4-12     likely to engage in a predatory act of sexual violence if the
4-13     person is not confined in the special commitment center.
4-14           (c)  If the special commitment center determines that the
4-15     person is a sexually violent predator, the commissioner shall give
4-16     notice of that determination and provide corresponding
4-17     documentation to the attorney representing the state not later than
4-18     the 30th day after the date of a referral under Section 841.022(c).
4-19           (d)  If the special commitment center determines that the
4-20     person is not a sexually violent predator, the commissioner shall
4-21     give notice of that determination to the Texas Department of
4-22     Criminal Justice or the department, as appropriate, not later than
4-23     the 30th day after the date of a referral under Section 841.022(c).
4-24     The Texas Department of Criminal Justice shall transport the person
4-25     to a secure correctional facility or the department shall transport
4-26     the person to a state hospital, as appropriate.  The subsequent
4-27     release of the person from the Texas Department of Criminal Justice
4-28     or discharge from the state hospital, as appropriate, shall occur
4-29     in the same manner as if the person had never been referred to the
4-30     special commitment center.
4-31              (Sections 841.024-841.040 reserved for expansion
4-32              SUBCHAPTER C.  PETITION ALLEGING PREDATOR STATUS
4-33           Sec. 841.041.  PETITION ALLEGING PREDATOR STATUS.  (a)  If
4-34     the attorney representing the state determines that a person
4-35     referred to the attorney under Section 841.023 is a sexually
4-36     violent predator, the attorney may file, in a Smith County district
4-37     court other than a family district court, a petition alleging that
4-38     the person is a sexually violent predator and stating facts
4-39     sufficient to support the allegation.
4-40           (b)  The attorney representing the state shall attempt to
4-41     file the petition not later than the 15th day before the
4-42     anticipated release or discharge date of the referred person, but
4-43     in no event may the attorney file the petition later than the 60th
4-44     day after the date the person is referred to the attorney.
4-45           Sec. 841.042.  PROBABLE CAUSE DETERMINATION.  (a)  On the
4-46     filing of a petition under Section 841.041, the judge shall
4-47     determine whether probable cause exists to believe that the person
4-48     named in the petition is a sexually violent predator.
4-49           (b)  If probable cause is determined to exist, the judge
4-50     shall direct that the person be taken into custody and detained at
4-51     the special commitment center.
4-52           Sec. 841.043.  HEARING.  (a)  Within 72 hours after a person
4-53     is detained under Section 841.042, the attorney representing the
4-54     state shall give the detained person notice of a hearing to contest
4-55     probable cause as to whether the person is a sexually violent
4-56     predator.
4-57           (b)  Not later than the seventh day after the date the
4-58     detained person receives notice under Subsection (a), the judge
4-59     shall conduct the hearing.  At the hearing, the judge shall:
4-60                 (1)  verify the person's identity; and
4-61                 (2)  determine whether probable cause exists to believe
4-62     that the person is a sexually violent predator.
4-63           (c)  The attorney representing the state may rely on the
4-64     petition and supplement the petition with documentary evidence or
4-65     live testimony.
4-66           (d)  The rights of the detained person include the following:
4-67                 (1)  the right to appear at the hearing;
4-68                 (2)  the right to present evidence on the person's
4-69     behalf;
 5-1                 (3)  the right to cross-examine a witness who testifies
 5-2     against the person; and
 5-3                 (4)  the right to view and  copy all petitions and
 5-4     reports in the court file.
 5-5              (Sections 841.044-841.060 reserved for expansion
 5-6                            SUBCHAPTER D.  TRIAL
 5-7           Sec. 841.061.  TRIAL.  (a)  Not later than the 60th day after
 5-8     the completion date of a hearing conducted under Section 841.043,
 5-9     the judge shall conduct a trial to determine whether the detained
5-10     person is a sexually violent predator.
5-11           (b)  The detained person or the state is entitled to a jury
5-12     trial on demand.  A demand for a jury trial must be filed in
5-13     writing not later than the 10th day before the date the trial is
5-14     scheduled to begin.
5-15           (c)  The number and selection of jurors is governed by
5-16     Chapter 33, Code of Criminal Procedure.
5-17           Sec. 841.062.  DETERMINATION OF PREDATOR STATUS.  (a)  The
5-18     judge or jury shall determine whether, beyond a reasonable doubt,
5-19     the detained person is a sexually violent predator.  Either the
5-20     state or the person is entitled to appeal the determination.
5-21           (b)  A jury determination that the person is a sexually
5-22     violent predator must be by unanimous verdict.
5-23           Sec. 841.063.  TRANSFER AFTER TRIAL.  Unless the judge or
5-24     jury determines that the detained person is a sexually violent
5-25     predator, the judge shall direct the person's transfer to a secure
5-26     correctional facility for subsequent release or to a state hospital
5-27     for subsequent discharge, as appropriate.
5-28           Sec. 841.064.  COMMITMENT OF PREDATOR.  (a)  If the judge or
5-29     jury determines that the detained person is a sexually violent
5-30     predator, the judge shall commit the person to the custody of the
5-31     commissioner for control, care, and treatment at the special
5-32     commitment center until the person's behavioral abnormality has
5-33     changed to the extent that:
5-34                 (1)  the person is no longer likely to engage in a
5-35     predatory act of sexual violence on discharge from the special
5-36     commitment center; or
5-37                 (2)  it is safe to conditionally release the person to
5-38     a less restrictive alternative.
5-39           (b)  The department shall enter into an interagency contract
5-40     with the Texas Department of Criminal Justice for the confinement
5-41     of a person committed under this section.  The Texas Department of
5-42     Criminal Justice shall house or contract for the housing of persons
5-43     committed under this section separately from inmates in the custody
5-44     of the Texas Department of Criminal Justice.  The Texas Department
5-45     of Criminal Justice or other housing provider shall segregate those
5-46     persons from those inmates at all times, except for occasional
5-47     instances of necessary, supervised incidental contact.  The Texas
5-48     Department of Criminal Justice may not house for any period of time
5-49     in a mental health facility, state school, or community center a
5-50     person committed under this section, whether pursuant to a contract
5-51     with the department or to other authority.
5-52           (c)  The department shall provide or contract for the
5-53     provision of care and treatment to a person committed under this
5-54     section.
5-55           (d)  Proceeds from the sale of timber from the land on which
5-56     the special commitment center is located may be spent only for the
5-57     purpose of operating the special commitment center.
5-58           (e)  In this section:
5-59                 (1)  "Community center" means a center established
5-60     under Subchapter A, Chapter 534.
5-61                 (2)  "Mental health facility" has the meaning assigned
5-62     by Section 571.003.
5-63                 (3)  "State school" has the meaning assigned by Section
5-64     531.002.
5-65           Sec. 841.065.  CONTINUANCE.  The judge may continue a trial
5-66     conducted under Section 841.061 if the detained person is not
5-67     substantially prejudiced by the continuance and:
5-68                 (1)  on the request of either party and a showing of
5-69     good cause; or
 6-1                 (2)  on the judge's own motion in the due
 6-2     administration of justice.
 6-3           Sec. 841.066.  MISTRIAL.  (a)  On a mistrial, the judge shall
 6-4     direct the detained person's continued detention at the special
 6-5     commitment center until another trial is conducted.
 6-6           (b)  A trial following a mistrial must begin not later than
 6-7     the 90th day after the date a mistrial was declared in the previous
 6-8     trial, unless the later trial is continued as provided by Section
 6-9     841.065.
6-10              (Sections 841.067-841.080 reserved for expansion
6-11                      SUBCHAPTER E.  COMMITMENT REVIEW
6-12           Sec. 841.081.  BIENNIAL EXAMINATION.  (a)  A person committed
6-13     under Section 841.064 shall receive a biennial examination.
6-14           (b)  In preparation for a judicial review conducted under
6-15     Section 841.082, the commissioner shall provide a report of the
6-16     biennial examination to the judge who committed the person under
6-17     Section 841.064.  The report shall include consideration of whether
6-18     conditional release to a less restrictive alternative is in the
6-19     best interest of the person and will protect the community.
6-20           Sec. 841.082.  BIENNIAL REVIEW.  (a)  The judge shall conduct
6-21     a biennial review of the status of the committed person.
6-22           (b)  The person is entitled to be represented by counsel at
6-23     the biennial review, but the person is not entitled to be present
6-24     at that review.
6-25           (c)  The judge shall set a hearing if the judge determines at
6-26     the biennial review that probable cause exists to believe that the
6-27     person's behavioral abnormality has changed to the extent that:
6-28                 (1)  the person is no longer likely to engage in a
6-29     predatory act of sexual violence on discharge from the special
6-30     commitment center; or
6-31                 (2)  it is safe to conditionally release the person to
6-32     a less restrictive alternative.
6-33           Sec. 841.083.  HEARING.  (a)  At a hearing set by the judge
6-34     under Section 841.082, the committed person is entitled to be
6-35     present and to have the benefit of all constitutional protections
6-36     provided to the person at the initial civil commitment proceeding.
6-37           (b)  The state is entitled to have the hearing conducted
6-38     before a jury and to choose an expert to examine the person.
6-39           (c)  The burden of proof at the hearing is on the state to
6-40     prove beyond a reasonable doubt that the person's behavioral
6-41     abnormality has not changed to the extent that:
6-42                 (1)  the person is no longer likely to engage in a
6-43     predatory act of sexual violence on discharge from the special
6-44     commitment center; or
6-45                 (2)  it is safe to conditionally release the person to
6-46     a less restrictive alternative.
6-47              (Sections 841.084-841.100 reserved for expansion
6-48            SUBCHAPTER F.  PETITIONS FOR DISCHARGE OR CONDITIONAL
6-49                   RELEASE TO LESS RESTRICTIVE ALTERNATIVE
6-50           Sec. 841.101.  AUTHORIZED PETITIONS FOR DISCHARGE OR
6-51     CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE.  (a)  If the
6-52     commissioner determines that the committed person's behavioral
6-53     abnormality has changed to the extent that the person is no longer
6-54     likely to engage in a predatory act of sexual violence on discharge
6-55     from the special commitment center, the commissioner shall
6-56     authorize the person to petition the court for discharge or, at the
6-57     person's discretion, for conditional release to a less restrictive
6-58     alternative.  If the commissioner determines that the committed
6-59     person's behavioral abnormality has changed to the extent that it
6-60     is safe to conditionally release the person to a less restrictive
6-61     alternative, the commissioner shall authorize the person to
6-62     petition the court for conditional release to a less restrictive
6-63     alternative.
6-64           (b)  The petitioner shall serve a petition under this section
6-65     on the court and the attorney representing the state.
6-66           (c)  The judge shall order a hearing on a petition under this
6-67     section not later than the 30th day after the date the judge
6-68     receives the petition.
6-69           (d)  The state is entitled to choose an expert to examine the
 7-1     petitioner.
 7-2           (e)  On request of the petitioner or the attorney
 7-3     representing the state, the court shall conduct the hearing before
 7-4     a jury.
 7-5           (f)  The burden of proof at the hearing is on the state to
 7-6     prove beyond a reasonable doubt that the petitioner's behavioral
 7-7     abnormality has not changed to the extent that:
 7-8                 (1)  the petitioner is no longer likely to engage in a
 7-9     predatory act of sexual violence on discharge from the special
7-10     commitment center; or
7-11                 (2)  it is safe to conditionally release the person to
7-12     a less restrictive alternative.
7-13           Sec. 841.102.  RIGHT TO PETITION FOR DISCHARGE OR CONDITIONAL
7-14     RELEASE TO LESS RESTRICTIVE ALTERNATIVE.  On a person's commitment
7-15     and annually after that commitment, the commissioner shall provide
7-16     the person with written notice of the person's right to petition
7-17     the court for discharge or for conditional release to a less
7-18     restrictive alternative without the commissioner's authorization.
7-19           Sec. 841.103.  FRIVOLOUS PETITIONS FOR DISCHARGE OR
7-20     CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE.  (a)  On
7-21     receipt of a petition for discharge or a petition for conditional
7-22     release to a less restrictive alternative filed by the committed
7-23     person without the commissioner's authorization, the judge shall
7-24     attempt as soon as practicable to review the petition and determine
7-25     if the petition is based on frivolous grounds.  If the petition is
7-26     based on frivolous grounds, the judge shall deny the petition
7-27     without a hearing.
7-28           (b)  Except as provided by Subsection (c), the judge shall
7-29     deny without a hearing a petition for discharge or a petition for
7-30     conditional release to a less restrictive alternative filed without
7-31     the commissioner's authorization if:
7-32                 (1)  the petitioner previously filed without the
7-33     commissioner's authorization another petition for discharge or
7-34     another petition for conditional release to a less restrictive
7-35     alternative;
7-36                 (2)  the previous petition sought to accomplish the
7-37     same result, discharge or conditional release, as the later
7-38     petition; and
7-39                 (3)  the judge determined on review of the previous
7-40     petition or following a hearing that:
7-41                       (A)  the petition was frivolous; or
7-42                       (B)  the petitioner's behavioral abnormality had
7-43     not changed to the extent that:
7-44                             (i)  the petitioner was no longer likely to
7-45     engage in a predatory act of sexual violence on discharge from the
7-46     special commitment center, if the petition was a petition for
7-47     discharge; or
7-48                             (ii)  it was safe to conditionally release
7-49     the person to a less restrictive alternative, if the petition was a
7-50     petition for conditional release to a less restrictive alternative.
7-51           (c)  The judge is not required to deny a petition under
7-52     Subsection (b) if the petition contains facts on which a court
7-53     could find that the petitioner's behavioral abnormality had changed
7-54     to the extent that a hearing was warranted.
7-55              (Sections 841.104-841.120 reserved for expansion
7-56               SUBCHAPTER G.  DISCHARGE OR CONDITIONAL RELEASE
7-57                       TO LESS RESTRICTIVE ALTERNATIVE
7-58           Sec. 841.121.  NOTICE OF DISCHARGE OR CONDITIONAL RELEASE TO
7-59     LESS RESTRICTIVE ALTERNATIVE.  (a)  Before the committed person is
7-60     discharged or conditionally released to a less restrictive
7-61     alternative, the commissioner shall give written notice of the
7-62     discharge or conditional release to the victim, a guardian of the
7-63     victim, or, if the victim is deceased, a close relative of the
7-64     deceased victim.
7-65           (b)  Failure to notify under this section:
7-66                 (1)  is not a reason to postpone discharge or
7-67     conditional release; and
7-68                 (2)  does not create a cause of action against the
7-69     state or a state employee acting within the scope of employment.
 8-1           (c)  In this section, "close relative of a deceased victim,"
 8-2     "guardian of a victim," and "victim" have the meanings assigned by
 8-3     Article 56.01, Code of Criminal Procedure.
 8-4           Sec. 841.122.  CONDITIONAL RELEASE TO LESS RESTRICTIVE
 8-5     ALTERNATIVE.  (a)  The department shall provide or contract for the
 8-6     provision of treatment to a person who is conditionally released to
 8-7     a less restrictive alternative under this chapter.
 8-8           (b)  The department shall enter into an interagency agreement
 8-9     with the Texas Department of Criminal Justice for any necessary
8-10     supervision of a person who is conditionally released to a less
8-11     restrictive alternative under this chapter.  The Texas Department
8-12     of Criminal Justice shall provide or contract for the provision of
8-13     the supervision to the person.  The provision of supervision under
8-14     this subchapter may include the provision of supervised housing to
8-15     a person.
8-16           (c)  A service provider other than the department or the
8-17     Texas Department of Criminal Justice may provide a service to a
8-18     person under this chapter only if the service provider agrees in
8-19     writing to provide the service.
8-20           Sec. 841.123.  CONDITIONAL RELEASE TO LESS RESTRICTIVE
8-21     ALTERNATIVE; COURT ORDER.  (a)  The judge shall enter an order
8-22     directing a person's conditional release to a less restrictive
8-23     alternative if the judge determines that:
8-24                 (1)  the conditional release is in the best interest of
8-25     the person and will protect the community;
8-26                 (2)  the less restrictive alternative is available and
8-27     adequately funded;
8-28                 (3)  the person will be treated by a qualified
8-29     treatment provider who:
8-30                       (A)  has presented to the court a specific course
8-31     of treatment and has agreed to assume responsibility for that
8-32     course of treatment; and
8-33                       (B)  will regularly report treatment progress and
8-34     will immediately report a violation of treatment requirements to
8-35     the Texas Department of Criminal Justice;
8-36                 (4)  any proposed supervision is sufficient to protect
8-37     the community;
8-38                 (5)  any proposed supervision provider has agreed:
8-39                       (A)  to provide the supervision at the level of
8-40     security required by the judge; and
8-41                       (B)  for a provider other than the Texas
8-42     Department of Criminal Justice, to report the person's failure to
8-43     comply with supervision requirements immediately to that
8-44     department;
8-45                 (6)  the conditions described by Subsection (b) are
8-46     sufficient to ensure the person's compliance with treatment and to
8-47     protect the community; and
8-48                 (7)  the person is willing to comply with:
8-49                       (A)  the treatment requirements and any necessary
8-50     supervision requirements imposed by service providers; and
8-51                       (B)  the conditions imposed by the judge under
8-52     Subsection (b).
8-53           (b)  Before entering an order directing a person's
8-54     conditional release to a less restrictive alternative, the judge
8-55     shall impose on the person conditions necessary to ensure the
8-56     person's compliance with treatment and to protect the community.
8-57     The conditions may include:
8-58                 (1)  requiring the person to reside in a particular
8-59     location;
8-60                 (2)  prohibiting the person's contact with a victim or
8-61     potential victim of the person;
8-62                 (3)  prohibiting the person's use of alcohol or a
8-63     controlled substance;
8-64                 (4)  requiring the person's participation in a specific
8-65     course of treatment;
8-66                 (5)  requiring the person to submit to a particular
8-67     type of supervision;
8-68                 (6)  prohibiting the person from leaving the state
8-69     without prior authorization from the judge; and
 9-1                 (7)  any other conditions determined necessary by the
 9-2     judge.
 9-3           (c)  The Texas Department of Criminal Justice and the
 9-4     department on the order of the court shall examine the less
 9-5     restrictive alternative proposed by the judge and recommend to the
 9-6     judge any additional conditions necessary to ensure the person's
 9-7     compliance with treatment and to protect the community.
 9-8           (d)  The judge shall provide to the person and to the service
 9-9     providers a copy of the conditions imposed under Subsection (b).
9-10           (e)  A proposed course of treatment may include the
9-11     monitoring of a conditionally released person with a polygraph or
9-12     plethysmograph.
9-13           (f)  If the judge does not enter an order directing a
9-14     person's conditional release to a less restrictive alternative, the
9-15     judge shall remand the person to the custody of the commissioner
9-16     for control, care, and treatment at the special commitment center,
9-17     subject to subsequent discharge or conditional release in
9-18     accordance with this chapter.
9-19           Sec. 841.124.  CONDITIONAL RELEASE TO LESS RESTRICTIVE
9-20     ALTERNATIVE; TREATMENT REPORT.  A treatment provider shall submit,
9-21     as frequently as directed by the Texas Department of Criminal
9-22     Justice, a report to that department stating whether the person is
9-23     complying with treatment requirements.
9-24           Sec. 841.125.  CONDITIONAL RELEASE TO LESS RESTRICTIVE
9-25     ALTERNATIVE; REVIEW.  (a)  A judge who conditionally releases a
9-26     person under Section 841.123 shall conduct an annual review of the
9-27     person's status.  The judge may conduct the review more frequently
9-28     on the judge's own motion or on the motion of the person or the
9-29     attorney representing the state.  On review, the judge shall
9-30     determine whether to rescind or modify the person's conditional
9-31     release or whether to release the person from all requirements of
9-32     this chapter.
9-33           (b)  On a reasonable belief that a conditionally released
9-34     person is not complying with a condition of release, needs
9-35     additional control, care, or treatment, or poses an immediate risk
9-36     to public safety, the Texas Department of Criminal Justice, the
9-37     department, the attorney representing the state, or the judge who
9-38     conditionally released the person may cause the person to be taken
9-39     into custody and detained at the special commitment center until a
9-40     hearing can be scheduled to determine whether to rescind or modify
9-41     the person's conditional release.  If a person other than the judge
9-42     causes a detention under this subsection, the person shall notify
9-43     the judge of the detention before the close of the next judicial
9-44     day.
9-45           (c)  On the conditionally released person's detention at the
9-46     special commitment center and on request of either party, the
9-47     person and the attorney representing the state are entitled to an
9-48     immediate examination of the person.  A conditionally released
9-49     indigent person is entitled to expert services as approved by the
9-50     judge under Section 841.166.
9-51           (d)  The judge, on ordering the person's detention or on
9-52     receiving notice of that detention, promptly shall schedule a
9-53     hearing.  Hearsay evidence is admissible at the hearing if it is
9-54     considered otherwise reliable by the judge.  At the hearing, the
9-55     judge shall determine:
9-56                 (1)  whether the state has proven beyond a reasonable
9-57     doubt that the conditionally released person failed to comply with
9-58     a condition of release;
9-59                 (2)  whether the person's conditional release should
9-60     continue on the same or modified conditions; and
9-61                 (3)  whether to rescind the person's conditional
9-62     release and remand the person to the custody of the commissioner
9-63     for control, care, and treatment at the special commitment center,
9-64     subject to subsequent discharge or conditional release in
9-65     accordance with this chapter.
9-66           Sec. 841.126.  DEPARTMENTAL CERTIFICATE OR COURT ORDER
9-67     DIRECTING RETURN TO SPECIAL COMMITMENT CENTER.  (a)  By issuing a
9-68     certificate directing the return, the department may cause a person
9-69     to be taken into custody and returned to the special commitment
 10-1    center if the department reasonably believes that the person:
 10-2                (1)  is absent without authority from the center;
 10-3                (2)  has violated a condition of release to a less
 10-4    restrictive alternative; or
 10-5                (3)  poses an immediate risk to public safety.
 10-6          (b)  If the department issues a certificate under this
 10-7    section, the judge may enter an order directing a peace officer to
 10-8    take the person into custody and to return the person to the
 10-9    special commitment center as soon as possible.
10-10          (c)  On direction by a departmental certificate or court
10-11    order under this section, a peace officer shall take the person
10-12    into custody and return the person to the special commitment center
10-13    as soon as possible.  The certificate or order need not be in the
10-14    officer's possession at the time the officer acts under this
10-15    subsection.
10-16          (d)  A person commits an offense if the person is absent
10-17    without authority from the special commitment center or if the
10-18    person violates a condition of release to a less restrictive
10-19    alternative.  An offense under this subsection is a felony of the
10-20    third degree.
10-21             (Sections 841.127-841.140 reserved for expansion
10-22               SUBCHAPTER H.  ADMINISTRATION OF MEDICATIONS
10-23          Sec. 841.141.  DEFINITIONS.  In this subchapter:
10-24                (1)  "Capacity" means a person's ability to:
10-25                      (A)  understand the nature and consequences of a
10-26    proposed treatment, including the benefits and risks of and
10-27    alternatives to the proposed treatment; and
10-28                      (B)  make a decision whether to undergo the
10-29    proposed treatment.
10-30                (2)  "Medication-related emergency" means a situation
10-31    in which it is immediately necessary to administer medication to a
10-32    person to prevent:
10-33                      (A)  imminent probable death or substantial
10-34    bodily harm to the person because the person:
10-35                            (i)  overtly or continually is threatening
10-36    or attempting to commit suicide or serious bodily harm; or
10-37                            (ii)  is behaving in a manner that
10-38    indicates that the person is unable to satisfy the person's need
10-39    for nourishment, essential medical care, or self-protection; or
10-40                      (B)  imminent physical or emotional harm to
10-41    another because of threats, attempts, or other acts the person
10-42    overtly or continually makes or commits.
10-43                (3)  "Psychoactive medication" means a medication that
10-44    is prescribed for the treatment of symptoms of psychosis or other
10-45    severe mental or emotional disorders and that is used to exercise
10-46    an effect on the central nervous system to influence and modify
10-47    behavior, cognition, or affective state when treating the symptoms
10-48    of mental illness.  The term includes the following categories of
10-49    medications:
10-50                      (A)  antipsychotics or neuroleptics;
10-51                      (B)  antidepressants;
10-52                      (C)  agents for control of mania or depression;
10-53                      (D)  antianxiety agents;
10-54                      (E)  sedatives, hypnotics, or other
10-55    sleep-promoting drugs; and
10-56                      (F)  psychomotor stimulants.
10-57          Sec. 841.142.  APPLICATION OF SUBCHAPTER.  This subchapter
10-58    applies only to the application of psychoactive medication to a
10-59    person:
10-60                (1)  who is subject to an order of commitment as a
10-61    sexually violent  predator under Section 841.064; or
10-62                (2)  for whom a petition for that commitment has been
10-63    filed under Section 841.041.
10-64          Sec. 841.143.  ADMINISTRATION OF MEDICATION TO PERSON.  A
10-65    person may not administer a psychoactive medication to a person who
10-66    refuses to take the medication voluntarily unless:
10-67                (1)  the person is having a medication-related
10-68    emergency; or
10-69                (2)  the person is under an order issued under Section
 11-1    841.146 authorizing the administration of the medication regardless
 11-2    of the person's refusal.
 11-3          Sec. 841.144.  PHYSICIAN'S APPLICATION FOR ORDER TO AUTHORIZE
 11-4    PSYCHOACTIVE MEDICATION; DATE OF HEARING.  (a)  A physician who is
 11-5    treating a person may, on behalf of the state, file an application
 11-6    in a probate court or a court with probate jurisdiction for an
 11-7    order to authorize the administration of a psychoactive medication
 11-8    regardless of the person's refusal if:
 11-9                (1)  the physician believes that the person lacks the
11-10    capacity to make a decision regarding the administration of the
11-11    psychoactive medication;
11-12                (2)  the physician determines that the medication is
11-13    the proper course of treatment for the person;
11-14                (3)  the person is subject to an order of commitment as
11-15    a sexually violent predator under Section 841.064 or a petition for
11-16    that commitment has been filed under Section 841.041; and
11-17                (4)  the person, verbally or by other indication,
11-18    refuses to take the medication voluntarily.
11-19          (b)  An application filed under this section must state:
11-20                (1)  that the physician believes that the person lacks
11-21    the capacity to make a decision regarding administration of the
11-22    psychoactive medication and the reasons for that belief;
11-23                (2)  each medication the physician wants the court to
11-24    compel the person to take;
11-25                (3)  whether an order of commitment as a sexually
11-26    violent predator has been issued under Section 841.064 or a
11-27    petition for that commitment has been filed under Section 841.041;
11-28    and
11-29                (4)  the physician's diagnosis of the person.
11-30          (c)  An application filed under this section is separate from
11-31    a petition for commitment as a sexually violent predator.
11-32          Sec. 841.145.  RIGHTS OF PERSON.  A person for whom an
11-33    application for an order to authorize the administration of a
11-34    psychoactive medication is filed is entitled to:
11-35                (1)  representation by a court-appointed attorney who
11-36    is knowledgeable about issues to be adjudicated at the hearing;
11-37                (2)  meet with that attorney as soon as is practicable
11-38    to prepare for the hearing and to discuss any of the person's
11-39    questions or concerns;
11-40                (3)  receive, immediately after the hearing is set, a
11-41    copy of the application and written notice of the time, place, and
11-42    date of the hearing;
11-43                (4)  be told, at the time personal notice of the
11-44    hearing is given, of the person's right to a hearing and right to
11-45    the assistance of an attorney to prepare for the hearing and to
11-46    answer any questions or concerns;
11-47                (5)  be present at the hearing;
11-48                (6)  request from the court an independent expert; and
11-49                (7)  oral notification, at the conclusion of the
11-50    hearing, of the court's determinations of the person's capacity and
11-51    best interests.
11-52          Sec. 841.146.  HEARING ON PERSON'S CAPACITY AND ORDER
11-53    AUTHORIZING PSYCHOACTIVE MEDICATION.  (a)  The court may issue an
11-54    order authorizing the administration of one or more classes of
11-55    psychoactive medication only if the court finds by clear and
11-56    convincing evidence after the hearing that:
11-57                (1)  the person is subject to an order of commitment as
11-58    a sexually violent predator under Section 841.064 or a petition for
11-59    that commitment has been filed under Section 841.041;
11-60                (2)  the person lacks the capacity to make a decision
11-61    regarding the administration of the proposed medication; and
11-62                (3)  treatment with the proposed medication is in the
11-63    best interest of the person.
11-64          (b)  In making its findings, the court shall consider:
11-65                (1)  the person's expressed preferences regarding
11-66    treatment with psychoactive medication;
11-67                (2)  the person's religious beliefs;
11-68                (3)  the risks and benefits to the person of taking
11-69    psychoactive medication;
 12-1                (4)  the consequences to the person if the psychoactive
 12-2    medication is not administered;
 12-3                (5)  the prognosis for the person if the person is
 12-4    treated with psychoactive medication; and
 12-5                (6)  alternatives to treatment with psychoactive
 12-6    medication.
 12-7          (c)  A hearing under this subchapter shall be conducted on
 12-8    the record by the probate judge or judge with probate jurisdiction,
 12-9    except as provided by Subsection (d).
12-10          (d)  A judge may refer a hearing to a magistrate or
12-11    court-appointed master who has training regarding psychoactive
12-12    medications.  The magistrate or master may give the notice, set
12-13    hearing dates, and appoint attorneys as required in this
12-14    subchapter.  A record is not required if the hearing is held by a
12-15    magistrate or court-appointed master.
12-16          (e)  A party is entitled to a hearing de novo by the judge if
12-17    an appeal of the magistrate's or master's report is filed with the
12-18    court within three days after the date the report is issued.  The
12-19    hearing shall be held within 30 days of the date of the filing of
12-20    the application for an order to authorize psychoactive medication.
12-21          (f)  If a hearing or an appeal of a master's or magistrate's
12-22    report is to be held in a county court in which the judge is not a
12-23    licensed attorney, the person or the person's attorney may request
12-24    that the proceeding be transferred to a court in which the judge is
12-25    licensed to practice law in this state.  The county judge shall
12-26    transfer the case after receiving the request, and the receiving
12-27    court shall hear the case as if it had been originally filed in
12-28    that court.
12-29          (g)  As soon as practicable after the conclusion of the
12-30    hearing, the person is entitled to have provided to the person and
12-31    the person's attorney written notification of the court's
12-32    determinations under this section.  The notification must include a
12-33    statement of the evidence on which the court relied and the reasons
12-34    for the court's determinations.
12-35          (h)  An order entered under this section may authorize the
12-36    administration to a person, regardless of the person's refusal, of
12-37    one or more classes of psychoactive medications specified in the
12-38    application and consistent with the person's diagnosis.  The order
12-39    may permit an increase or decrease in a medication's dosage, the
12-40    restitution of medication authorized but discontinued during the
12-41    period the order is valid, or the substitution of a medication
12-42    within the same class.
12-43          (i)  The classes of psychoactive medications in the order
12-44    must conform to classes determined by the department.
12-45          (j)  An order issued under this section may be reauthorized
12-46    or modified on the petition of a party.  The order remains in
12-47    effect pending action on a petition for reauthorization or
12-48    modification.  A modification of an order may change a class of
12-49    medication authorized in the order.
12-50          Sec. 841.147.  COSTS.  The costs for hearings under this
12-51    subchapter shall be paid by the probate court or court with probate
12-52    jurisdiction in which the application is filed.
12-53          Sec. 841.148.  APPEAL.  (a)  A person may appeal an order
12-54    under this subchapter.
12-55          (b)  An order under this subchapter is effective pending an
12-56    appeal of the order.
12-57          Sec. 841.149.  EFFECT OF ORDER.  (a)  A person's consent to
12-58    take a psychoactive medication is not valid and may not be relied
12-59    on if the person is subject to an order issued under Section
12-60    841.146.
12-61          (b)  The issuance of an order under Section 841.146 is not a
12-62    determination or adjudication of mental incompetency and does not
12-63    limit in any other respect that person's rights as a citizen or the
12-64    person's property rights or legal capacity.
12-65          Sec. 841.150.  EXPIRATION OF ORDER.  An order issued under
12-66    Section 841.146 expires on the expiration or termination date of
12-67    the order of commitment as a sexually violent predator.
12-68             (Sections 841.151-841.160 reserved for expansion
 13-1                  SUBCHAPTER I.  MISCELLANEOUS PROVISIONS
 13-2          Sec. 841.161.  RULEMAKING AUTHORITY.  (a)  The board by rule
 13-3    shall administer this chapter.  Rules adopted by the board under
 13-4    this section must be consistent with the purposes of this chapter.
 13-5          (b)  The board by rule shall define for persons committed
 13-6    under this chapter appropriate rights based on individualized risk
 13-7    assessments of those persons.
 13-8          Sec. 841.162.  RELEASE OR EXCHANGE OF INFORMATION.  (a)  To
 13-9    protect the public and to enable a determination relating to
13-10    whether a person is a sexually violent predator, any entity that
13-11    possesses relevant information relating to the person shall release
13-12    the information to an entity charged with making a determination
13-13    under this chapter.
13-14          (b)  To protect the public and to enable the provision of
13-15    control, care, and treatment to a person who is a sexually violent
13-16    predator, any entity that possesses relevant information relating
13-17    to the person shall release the information to the department.
13-18          (c)  On the written request of any attorney for another state
13-19    or a political subdivision in another state, the Texas Department
13-20    of Criminal Justice, the department, a service provider contracting
13-21    with one of those agencies, the multidisciplinary team, and the
13-22    attorney representing the state shall release to the attorney any
13-23    available information relating to a person that is sought in
13-24    connection with an attempt to civilly commit the person as a
13-25    sexually violent predator in another state.
13-26          (d)  To protect the public and to enable a determination
13-27    relating to whether a person is a sexually violent predator or to
13-28    enable the provision of control, care, and treatment to a person
13-29    who is a sexually violent predator, the Texas Department of
13-30    Criminal Justice, the department, a service provider contracting
13-31    with one of those agencies, the multidisciplinary team, and the
13-32    attorney representing the state may exchange any available
13-33    information relating to the person.
13-34          (e)  Information subject to release or exchange under this
13-35    section includes information relating to the care, treatment,
13-36    criminal history, or physical or mental health of the person, as
13-37    appropriate, regardless of whether the information is otherwise
13-38    confidential and regardless of when the information was created or
13-39    collected.  The person's consent is not required for release or
13-40    exchange of information under this section.
13-41          Sec. 841.163.  REPORT, RECORD, OR STATEMENT SUBMITTED TO
13-42    COURT.  (a)  A psychological report, drug and alcohol report,
13-43    treatment record, report of the diagnostic center, medical record,
13-44    or victim impact statement submitted to the court under this
13-45    chapter is part of the record of the court.
13-46          (b)  Notwithstanding Subsection (a), the report, record, or
13-47    statement must be sealed and may be opened only:
13-48                (1)  on order of the judge;
13-49                (2)  as provided by this chapter; or
13-50                (3)  in connection with a criminal proceeding as
13-51    otherwise provided by law.
13-52          Sec. 841.164.  CONSTITUTIONAL REQUIREMENTS FOR CARE AND
13-53    TREATMENT.  The detention or commitment of a person under this
13-54    chapter must conform to constitutional requirements for care and
13-55    treatment.
13-56          Sec. 841.165.  COUNSEL.  (a)  At all stages of the civil
13-57    commitment proceedings under this chapter, a detained or committed
13-58    person is entitled to the assistance of counsel.
13-59          (b)  If the person is indigent, the court shall appoint
13-60    counsel to assist the person.
13-61          Sec. 841.166.  EXPERT.  (a)  A person who is examined under
13-62    this chapter may retain an expert to perform an examination or
13-63    participate in a civil commitment proceeding on the person's
13-64    behalf.
13-65          (b)  On the request of an indigent person examined under this
13-66    chapter, the judge shall determine whether expert services for the
13-67    person are necessary.  If the judge determines that the services
13-68    are necessary, the judge shall appoint an expert to perform an
13-69    examination or participate in a civil commitment proceeding on the
 14-1    person's behalf.
 14-2          (c)  The court shall approve reasonable compensation for
 14-3    expert services rendered on behalf of an indigent person on the
 14-4    filing of a certified compensation claim supported by a written
 14-5    statement specifying:
 14-6                (1)  time expended on behalf of the person;
 14-7                (2)  services rendered on behalf of the person;
 14-8                (3)  expenses incurred on behalf of the person; and
 14-9                (4)  compensation received in the same case or for the
14-10    same services from any other source.
14-11          (d)  The court shall ensure that an expert retained or
14-12    appointed under this section has for purposes of examination
14-13    reasonable access to a person examined under this chapter, as well
14-14    as to all relevant medical and psychological records and reports.
14-15          Sec. 841.167.  CIVIL COMMITMENT PROCEEDING; PROCEDURE AND
14-16    COSTS.  (a)  On request, a person subject to a civil commitment
14-17    proceeding under this chapter and the attorney representing the
14-18    state are entitled to a jury trial or a hearing before a jury for
14-19    that proceeding.
14-20          (b)  A civil commitment proceeding is subject to the rules of
14-21    procedure and appeal for civil cases.
14-22          (c)  Except as provided by Subchapter H, the state shall pay
14-23    the costs of a civil commitment proceeding conducted under this
14-24    chapter.
14-25          Sec. 841.168.  IMMUNITY.  The following persons are immune
14-26    from liability for good faith conduct under this chapter:
14-27                (1)  an employee or officer of the department or of the
14-28    Texas Department of Criminal Justice;
14-29                (2)  a member of the multidisciplinary team established
14-30    under Section 841.022;
14-31                (3)  the attorney representing the state; and
14-32                (4)  a person contracting, appointed, or volunteering
14-33    to perform a service under this chapter.
14-34          SECTION 2.  Subsections (a) and (b), Section 51.13, Family
14-35    Code, are amended to read as follows:
14-36          (a)  Except as provided by Subsection (d), an order of
14-37    adjudication or disposition in a proceeding under this title is not
14-38    a conviction of crime.  Except as provided by Chapter 841, Health
14-39    and Safety Code, an order of adjudication or disposition[, and]
14-40    does not impose any civil disability ordinarily resulting from a
14-41    conviction or operate to disqualify the child in any civil service
14-42    application or appointment.
14-43          (b)  The adjudication or disposition of a child or evidence
14-44    adduced in a hearing under this title may be used only in
14-45    subsequent:
14-46                (1)  proceedings under this title in which the child is
14-47    a party;
14-48                (2)  [or in subsequent] sentencing proceedings in
14-49    criminal court against the child to the extent permitted by the
14-50    Texas Code of Criminal Procedure, 1965; or
14-51                (3)  civil commitment proceedings under Chapter 841,
14-52    Health and Safety Code.
14-53          SECTION 3.  Subsection (a), Section 494.008, Government Code,
14-54    is amended to read as follows:
14-55          (a)  The director of the institutional division or the
14-56    director's designee may authorize employees of the institutional
14-57    division to transport inmates and to apprehend escapees from any
14-58    division of the department.  The director or the director's
14-59    designee may also authorize those employees to transport and to
14-60    apprehend persons subject to civil commitment proceedings under
14-61    Chapter 841, Health and Safety Code.  An employee acting under
14-62    authority granted by the director has the same powers and duties as
14-63    a peace officer under the laws of this state, except that the
14-64    employee may not act without receiving express orders from the
14-65    director or the director's designee, and may exercise those powers
14-66    and perform those duties throughout the state but only during duty
14-67    hours.
14-68          SECTION 4.  Subdivision (3), Section 250.001, Health and
14-69    Safety Code, is amended to read as follows:
 15-1                (3)  "Facility" means:
 15-2                      (A)  a nursing home, custodial care home, or
 15-3    other institution licensed by the Texas Department of Human
 15-4    Services under Chapter 242;
 15-5                      (B)  a personal care facility licensed by the
 15-6    Texas Department of Human Services under Chapter 247;
 15-7                      (C)  a home health agency licensed by the Texas
 15-8    Department of Health under Chapter 142;
 15-9                      (D)  an adult day care facility or adult day
15-10    health care facility licensed by the Texas Department of Human
15-11    Services under Chapter 103, Human Resources Code;
15-12                      (E)  a facility for persons with mental
15-13    retardation licensed or certified by the Texas Department of Human
15-14    Services;
15-15                      (F)  an unlicensed attendant care agency that
15-16    contracts with the Texas Department of Human Services;
15-17                      (G)  an intermediate care facility for persons
15-18    with mental retardation that is certified by the Texas Department
15-19    of Human Services to participate in the Medicaid program under
15-20    Title XIX of the Social Security Act (42 U.S.C. Section 1396 et
15-21    seq.);
15-22                      (H)  an adult foster care provider that contracts
15-23    with the Texas Department of Human Services; [or]
15-24                      (I)  a facility that provides mental health
15-25    services and that is operated by or contracts with the Texas
15-26    Department of Mental Health and Mental Retardation; or
15-27                      (J)  a facility established under Chapter 841
15-28    that provides control, care, and treatment to sexually violent
15-29    predators and that is operated pursuant to an interagency contract
15-30    between the Texas Department of Mental Health and Mental
15-31    Retardation and the Texas Department of Criminal Justice.
15-32          SECTION 5.  Chapter 321, Health and Safety Code, is amended
15-33    by adding Section 321.005 to read as follows:
15-34          Sec. 321.005.  APPLICATION OF CHAPTER.  This chapter does
15-35    not:
15-36                (1)  apply to the special commitment center established
15-37    for sexually violent predators under Chapter 841; or
15-38                (2)  waive an immunity defense that is otherwise
15-39    available under that chapter.
15-40          SECTION 6.  Section 61.066, Human Resources Code, is amended
15-41    to read as follows:
15-42          Sec. 61.066.  COMMITMENT RECORDS.  A commitment to the
15-43    commission may not be received in evidence or used in any way in
15-44    any proceedings in any court except in:
15-45                (1)  subsequent proceedings under Title 3[,] of the
15-46    Family Code against the same child;
15-47                (2)  [, and except in] imposing sentence in any
15-48    criminal proceedings against the same person; or
15-49                (3)  subsequent civil commitment proceedings under
15-50    Chapter 841, Health and Safety Code, regarding the same person.
15-51          SECTION 7.  Title 11, Health and Safety Code, as added by
15-52    this Act, applies only to an individual who on or after September
15-53    1, 2000, is serving a sentence in the Texas Department of Criminal
15-54    Justice or is committed to the Texas Department of Mental Health
15-55    and Mental Retardation for an offense committed before, on, or
15-56    after the effective date of this Act.
15-57          SECTION 8.  This Act takes effect September 1, 1999.
15-58          SECTION 9.  The importance of this legislation and the
15-59    crowded condition of the calendars in both houses create an
15-60    emergency and an imperative public necessity that the
15-61    constitutional rule requiring bills to be read on three several
15-62    days in each house be suspended, and this rule is hereby suspended.
15-63                                 * * * * *