SRC-JEC H.B. 1072 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1072
77R8868 EBy: Farabee (Moncrief)
Health & Human Services
5/4/2001
Engrossed


DIGEST AND PURPOSE 

The 76th Legislature enacted legislation to clarify procedures for
retrieving a patient absent without permission from a mental facility in
which the patient was placed by court order. Under current law, a peace
officer may take into custody, detain, and return a patient to a facility
only when a court orders the patient's return. This court process often
makes the return of absent patients to the facilities burdensome. H.B. 1072
authorizes a peace officer, at the request of the facility administrator,
to apprehend, detain, and return absent patients who are within the
municipality or county in which the facility is located, with an
administrative certificate or a court order.  It also authorizes a
magistrate to order any peace or health officer in the state to take into
custody, detain, and return a patient to a facility. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 574.083, Health and Safety Code, as follows:

Sec. 574.083.  New heading: RETURN TO FACILITY UNDER CERTIFICATE OF
FACILITY ADMINISTRATOR OR COURT ORDER.  (a) Authorizes the facility
administrator of a facility to which a patient was admitted for
court-ordered inpatient health care services to authorize a peace officer
of the municipality or county in which the facility is located to take an
absent patient into custody, detain the patient, and return the patient to
the facility by issuing a certificate as prescribed by Subsection (c) to a
law enforcement agency of the municipality or county.  Deletes text
regarding the administrator having a patient taken into custody and filing
an affidavit. 

(b) Authorizes the facility administrator, if there is reason to believe
that an absent patient may be outside the municipality or county in which
the facility is located, to file an affidavit as prescribed by Subsection
(c) with a magistrate requesting the magistrate to issue an order for the
patient's return.  Authorizes the magistrate with whom the affidavit is
filed to issue an order directing a peace or health officer to take an
absent patient into custody and return the patient to the facility.
Deletes text regarding the facility administrator filing an affidavit.
Provides that an order issued under this subsection extends to any part of
this state and authorizes any peace officer to whom the order is directed
or transferred to execute the order, take the patient into custody, detain
the patient, and return the patient to the facility. 

(c) Requires the certificate issued or affidavit filed under Subsection (a)
or (b) to set out facts establishing that the patient is receiving certain
services. 

  (d) Makes conforming changes.
 
  (e) Makes a conforming change.

SECTION 2.  Amends Section 593.012(a), Health and Safety Code, to make
conforming changes. 

SECTION 3.  Effective date: September 1, 2001.