1-1     By:  Shapiro, Carona, Lucio                             S.B. No. 44
 1-2           (In the Senate - Filed November 9, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Health Services;
 1-4     March 4, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; March 4, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 44                  By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to consent for substance abuse treatment of a minor.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 462.023, Health and Safety Code, is
1-13     amended to read as follows:
1-14           Sec. 462.023.  DISCHARGE OR RELEASE.  (a)  Except as provided
1-15     by Subsections (b) and (c) [Subsection (b)], a facility shall
1-16     release a voluntary patient within a reasonable time, not to exceed
1-17     96 hours, after the patient requests in writing to be released.
1-18           (b)  A facility is not required to release the patient if
1-19     before the end of the 96-hour period:
1-20                 (1)  the patient files a written withdrawal of the
1-21     request;
1-22                 (2)  an application for court-ordered treatment or
1-23     emergency detention is filed and the patient is detained in
1-24     accordance with this chapter; or
1-25                 (3)  the patient is a minor admitted with the consent
1-26     of a [parent,] guardian[,] or conservator and that person, after
1-27     consulting with facility personnel, objects in writing to the
1-28     release of the minor.
1-29           (c)  If the patient is a minor, a facility shall consult with
1-30     a parent of the patient on receipt of the written request for
1-31     release, if the parent was responsible for the admission of the
1-32     patient.  The facility shall continue treatment of the patient as a
1-33     voluntary patient if a parent objects in writing to the release of
1-34     the patient and the parent signed a surrogate consent form on
1-35     behalf of the patient at the time of the patient's admission.
1-36           (d)  Subsection (a)  applies to a minor admitted under
1-37     Section 462.022 if the request for release is made in writing to
1-38     the facility by the person who requested the initial admission or
1-39     by the person who signed a surrogate consent form under Subsection
1-40     (c).
1-41           (e) [(d)]  If extremely hazardous weather conditions exist or
1-42     a disaster occurs, the facility administrator may request the judge
1-43     of a court that has jurisdiction over proceedings brought under
1-44     Subchapter D to extend the period during which the person may be
1-45     detained.  The judge or a magistrate appointed by the judge may by
1-46     written order made each day extend the period during which the
1-47     person may be detained until 4 p.m. on the first succeeding
1-48     business day.  The written order must declare that an emergency
1-49     exists because of the weather or the occurrence of a disaster.
1-50           SECTION 2.  The importance of this legislation and the
1-51     crowded condition of the calendars in both houses create an
1-52     emergency and an imperative public necessity that the
1-53     constitutional rule requiring bills to be read on three several
1-54     days in each house be suspended, and this rule is hereby suspended,
1-55     and that this Act take effect and be in force from and after its
1-56     passage, and it is so enacted.
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