HBA-JLV H.B. 1073 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1073
By: Farabee
Judicial Affairs
7/3/2001
Enrolled



BACKGROUND 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.  Prior to the
77th Legislature, the facilities relied on law which provided 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 could have
been burdensome for the participants and costly for the county responsible
for payment.  House Bill 1073 changes the hours of operation of a probate
court from its having to be open at all times to being 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

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1073 amends the Health and Safety Code to modify the business
hours of a  probate court or a court having probate jurisdiction to be open
for mental health proceedings during normal business hours rather than open
all hours.  The bill requires the probate judge or magistrate to be
available at all times at the request of a person apprehended or detained
for emergency detention, or a proposed patient for courtordered mental
health services. 

EFFECTIVE DATE

June 11, 2001.