SRC-JBJ S.B. 1767 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1767
By: Carona
Health & Human Services
6/15/2001
Enrolled


DIGEST AND PURPOSE 

Under Texas law, an order of protective custody is necessary to transfer a
person who has been admitted under emergency detention from a county mental
health facility to a facility of the single portal authority or an
appropriate inpatient mental health facility.  S.B. 1767 authorizes certain
judges to designate magistrates, including criminal magistrates, to sign
orders of protective custody. 

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 574.021(e), Health and Safety Code, to authorize
the judge of the court in which the application is pending to designate a
magistrate to issue protective custody orders, including a magistrate
appointed by the judge of another court if the magistrate has at least the
qualifications required for a magistrate of the court in which the
application is pending.  Deletes existing text pertaining to a judge's
absence.  Provides that a magistrate's duty under this section is in
addition to the magistrate's duties prescribed by other law. 

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