SRC-JEC S.B. 581 77(R)BILL ANALYSIS


Senate Research CenterS.B. 581
By: Duncan
Intergovernmental Relations
6/25/2001
Enrolled


DIGEST AND PURPOSE 

Currently, eight state mental hospitals serve the entire state.  Preparing
and conducting court-ordered mental health hearings regarding hospital
patients requires work and funds from the county in which the hospital is
located.  Usually,  that county is reimbursed by the county of residence of
the patient for statutory and document preparation fees.  S.B. 581 codifies
the authorization of the hearing county to charge the county of residence
for certain costs. 

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 574.031(k), Health and Safety Code, to provide
that for a mental health proceeding, the fee assessed under this subsection
includes costs incurred for the preparation of documents related to the
proceeding.  Authorizes the court to award as court costs fees for other
costs of a mental health proceeding against the county responsible for the
payment of the costs of the hearing under Section 571.018. 

SECTION 2.  Amends Section 44.343(b), Government Code, to delete text
entitling a criminal district attorney to reimbursement for prosecuting
certain cases. 

SECTION 3.  Provides that, notwithstanding any other law, a county that
collected a fee for the preparation of documents related to mental health
proceedings under Chapter 574, Health and Safety Code, before September 1,
2001, is not liable to any other person for repayment of any portion of the
fee, regardless of whether the fee was collected under adequate legal
authority. 

SECTION 4.  Effective date: September 1, 2001.