By Shapiro, et al.                                      S.B. No. 44
         76R1140 JJT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to consent for substance abuse treatment of a minor.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 462.023, Health and Safety Code, is
 1-5     amended to read as follows:
 1-6           Sec. 462.023.  DISCHARGE OR RELEASE.  (a)  Except as provided
 1-7     by Subsections (b) and (c) [Subsection (b)], a facility shall
 1-8     release a  voluntary patient within a reasonable time, not to
 1-9     exceed 96 hours, after the patient requests in writing to be
1-10     released.
1-11           (b)  A facility is not required to release the patient if
1-12     before the end of the 96-hour period:
1-13                 (1)  the patient files a written withdrawal of the
1-14     request;
1-15                 (2)  an application for court-ordered treatment or
1-16     emergency detention is filed and the patient is detained in
1-17     accordance with this chapter; or
1-18                 (3)  the patient is a minor admitted with the consent
1-19     of a [parent,] guardian[,] or conservator and that person, after
1-20     consulting with facility personnel, objects in writing to the
1-21     release of the minor.
1-22           (c)  If the patient is a minor, a facility shall consult with
1-23     a parent of the patient, if one is known to facility staff, on
1-24     receipt of the written request for release.  The facility shall
 2-1     continue treatment of the patient as a voluntary patient if a
 2-2     parent objects in writing to the release of the patient and:
 2-3                 (1)  signed a surrogate consent form on behalf of the
 2-4     patient at the time of the patient's admission; or
 2-5                 (2)  signs a surrogate consent form on behalf of the
 2-6     patient after the consultation.
 2-7           (d)  Subsection (a)  applies to a minor admitted under
 2-8     Section 462.022 if the request for release is made in writing to
 2-9     the facility by the person who requested the initial admission or
2-10     by the person who signed a surrogate consent form under Subsection
2-11     (c).
2-12           (e) [(d)]  If extremely hazardous weather conditions exist or
2-13     a disaster occurs, the facility administrator may request the judge
2-14     of a court that has jurisdiction over proceedings brought under
2-15     Subchapter D to extend the period during which the person may be
2-16     detained.  The judge or a magistrate appointed by the judge may by
2-17     written order made each day extend the period during which the
2-18     person may be detained until 4 p.m. on the first succeeding
2-19     business day.  The written order must declare that an emergency
2-20     exists because of the weather or the occurrence of a disaster.
2-21           SECTION 2.  The importance of this legislation and the
2-22     crowded condition of the calendars in both houses create an
2-23     emergency and an imperative public necessity that the
2-24     constitutional rule requiring bills to be read on three several
2-25     days in each house be suspended, and this rule is hereby suspended,
2-26     and that this Act take effect and be in force from and after its
2-27     passage, and it is so enacted.