SRC-JEC, MWN H.B. 1073 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1073
77R11203 JJT-FBy: Farabee (Moncrief)
Jurisprudence
5/8/2001
Engrossed


DIGEST AND PURPOSE 

In many involuntary civil commitment proceedings, emergency detention is
the first step in the process, which occurs before a case is filed with the
court. Emergency detention may or may not lead to the filing of an
application for court ordered mental health services. If such an
application is not filed, the court does not become involved. Some mental
health facilities refuse to admit patients under an emergency detention
provision and demand that the courts issue orders of protective custody to
detain a proposed patient until a final commitment hearing. The facilities
rely on current law which provides that a probate court or a court having
probate jurisdiction is required to be open at all times for mental health
proceedings. Such a requirement may be burdensome for the participants and
costly for the county responsible for payment. H.B. 1073 changes the hours
of operation of a probate court from requiring it to be open at all times
to require it to be open only during normal business hours and requires the
probate judge or magistrate to be available at all times at the request of
certain persons.  

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 571.012, Health and Safety Code, as follows:

Sec. 571.012. New heading: COURT HOURS; AVAILABILITY OF JUDGE OR
MAGISTRATE. Requires the probate court or court having probate jurisdiction
to be open for proceedings under this subtitle during normal business
hours. Requires the probate judge or magistrate to be available at all
times at the request of a person apprehended or detained under Chapter 573,
or a proposed patient under Chapter 574. 

SECTION 2. Effective date: upon passage or September 1, 2001.