By:  Shapiro, Carona, Lucio                             S.B. No. 44
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to consent for substance abuse treatment of a minor.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Section 462.023, Health and Safety Code, is
 1-4     amended to read as follows:
 1-5           Sec. 462.023.  DISCHARGE OR RELEASE.  (a)  Except as provided
 1-6     by Subsections (b) and (c) [Subsection (b)], a facility shall
 1-7     release a voluntary patient within a reasonable time, not to exceed
 1-8     96 hours, after the patient requests in writing to be released.
 1-9           (b)  A facility is not required to release the patient if
1-10     before the end of the 96-hour period:
1-11                 (1)  the patient files a written withdrawal of the
1-12     request;
1-13                 (2)  an application for court-ordered treatment or
1-14     emergency detention is filed and the patient is detained in
1-15     accordance with this chapter; or
1-16                 (3)  the patient is a minor admitted with the consent
1-17     of a [parent,] guardian[,] or conservator and that person, after
1-18     consulting with facility personnel, objects in writing to the
1-19     release of the minor.
1-20           (c)  If the patient is a minor, a facility shall consult with
1-21     a parent of the patient on receipt of the written request for
1-22     release, if the parent was responsible for the admission of the
1-23     patient.  The facility shall continue treatment of the patient as a
1-24     voluntary patient if a parent objects in writing to the release of
 2-1     the patient and the parent signed a surrogate consent form on
 2-2     behalf of the patient at the time of the patient's admission.
 2-3           (d)  Subsection (a)  applies to a minor admitted under
 2-4     Section 462.022 if the request for release is made in writing to
 2-5     the facility by the person who requested the initial admission or
 2-6     by the person who signed a surrogate consent form under Subsection
 2-7     (c).
 2-8           (e) [(d)]  If extremely hazardous weather conditions exist or
 2-9     a disaster occurs, the facility administrator may request the judge
2-10     of a court that has jurisdiction over proceedings brought under
2-11     Subchapter D to extend the period during which the person may be
2-12     detained.  The judge or a magistrate appointed by the judge may by
2-13     written order made each day extend the period during which the
2-14     person may be detained until 4 p.m. on the first succeeding
2-15     business day.  The written order must declare that an emergency
2-16     exists because of the weather or the occurrence of a disaster.
2-17           SECTION 2.  The importance of this legislation and the
2-18     crowded condition of the calendars in both houses create an
2-19     emergency and an imperative public necessity that the
2-20     constitutional rule requiring bills to be read on three several
2-21     days in each house be suspended, and this rule is hereby suspended,
2-22     and that this Act take effect and be in force from and after its
2-23     passage, and it is so enacted.