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.