Amend CSHB 1017 as follows:
      (1)  On page 4, line 23, strike "The change" and substitute
"Except as provided by Section __, amending Section 51.20(a),
Family Code, the change".
      (2)  Add the following appropriately numbered SECTIONS to
read as follows and renumber existing SECTIONS accordingly:
      SECTION ____. Sections 3(a), (b), and (f), Article 46.02,
Code of Criminal Procedure, are amended to read as follows:
      (a)  At any time the issue of the defendant's incompetency to
stand trial is raised, the court may, on its own motion or motion
by the defendant, his counsel, or the prosecuting attorney, appoint
the local mental health or mental retardation authority or other
disinterested experts experienced and qualified in mental health or
mental retardation to examine the defendant with regard to his
competency to stand trial and to testify at any trial or hearing on
this issue.
      (b)  The court may order any defendant to submit to
examination for the purposes described in this article.  If the
defendant is free on bail, the court in its discretion may order
him to submit to examination.  If the defendant fails or refuses to
submit to examination, the court may order him to submit to
<custody for> examination in a mental health facility determined to
be appropriate by the local mental health or mental retardation
authority for a reasonable period not to exceed 21 days.  The court
may <not> order a defendant to a facility operated by the Texas
Department of Mental Health and Mental Retardation for examination
only on request of the local mental health or mental retardation
authority and with <without> the consent of the head of the <that>
facility <or for a period exceeding 21 days>.  If a defendant who
has been ordered to a facility operated by Texas Department of
Mental Health and Mental Retardation for examination remains in
such facility for a period of time exceeding 21 days, the head of
that facility shall cause the defendant to be immediately
transported to the committing court and placed in the custody of
the sheriff of the county in which the committing court is located.
That county shall reimburse the Texas Department of Mental Health
and Mental Retardation facility for the mileage and per diem
expenses of the personnel required to transport the defendant
calculated in accordance with the state travel regulations in
effect at the time.
      (f)  The local mental health or mental retardation authority
or other appointed experts shall be paid by the county in which the
indictment was returned or information was filed.  A facility
<operated by the Texas Department of Mental Health and Mental
Retardation> which accepts a defendant for examination under
<Subsection (a) of> this section shall be reimbursed by the county
in which the indictment was returned or information was filed for
such expenses incurred as are determined by the department to be
reasonably necessary and incidental to the proper examination of
the defendant.
      SECTION ____. Section 5(a), Article 46.02, Code of Criminal
Procedure, is amended to read as follows:
      (a)  When a defendant has been determined incompetent to
stand trial for a <any> felony or <for a> misdemeanor because of
mental illness or mental retardation, and absent a determination
that there is no substantial probability that the defendant will
attain competency to stand trial in the foreseeable future, the
court shall determine whether the conduct committed by the
defendant involved an act, attempt, or threat of serious bodily
injury to another person.  If the court determines that the
defendant's conduct involved an act, attempt, or threat of serious
bodily injury to another person, the court shall enter an order
committing the defendant to the maximum security unit of any
facility designated by the Texas Department of Mental Health and
Mental Retardation, to an agency of the United States operating a
mental hospital, or to a Veterans Administration hospital for a
period not to exceed 18 months.  If the court determines that the
defendant's conduct did not involve an act, attempt, or threat of
serious bodily injury to another person  <When a defendant has been
determined incompetent to stand trial for a misdemeanor because of
mental illness, and absent a determination that there is no
substantial probability that the defendant will attain competency
to stand trial in the foreseeable future>, the court shall enter an
order committing the defendant to a <the> mental health facility
determined to be appropriate by the local mental health or mental
retardation authority <designated by the Commissioner of Mental
Health and Mental Retardation to serve the catchment area in which
the committing court is located> for a period not to exceed 18
months.  On request of the local mental health or mental
retardation authority, the court may enter an order committing the
defendant to a facility operated by the Texas Department of Mental
Health and Mental Retardation.  An order issued under this
subsection shall also place the defendant in the custody of the
sheriff for transportation to the facility to be confined in the
facility for further examination and treatment toward the specific
objective of attaining competency to stand trial.  The court shall
order that a transcript of all medical testimony received by the
jury be forthwith prepared by the court reporter and that the
transcript, together with a statement of the facts and
circumstances surrounding the alleged offense, shall accompany the
patient to the facility.
      SECTION __. (a)  Section 51.20(a), Family Code, is amended to
read as follows:
      (a)  At any stage of the proceedings under this title, the
juvenile court may order a child who is referred to the juvenile
court or who is alleged by a petition or found to have engaged in
delinquent conduct or conduct indicating a need for supervision to
be examined by the local mental health or mental retardation
authority or another <an> appropriate expert, including a
physician, psychiatrist, or psychologist.
      (b)  This section applies to an examination of a child under
the jurisdiction of the juvenile court as provided by Section
51.20, Family Code, as amended by this section, that takes place on
or after the effective date of this Act, without regard to whether
the child was first placed under the jurisdiction of the juvenile
court before, on, or after that date.