1-1     By:  Farabee (Senate Sponsor - Moncrief)              H.B. No. 1072
 1-2           (In the Senate - Received from the House May 1, 2001;
 1-3     May 2, 2001, read first time and referred to Committee on Health
 1-4     and Human Services; May 8, 2001, reported favorably by the
 1-5     following vote:  Yeas 8, Nays 0; May 8, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to authorizing a peace officer or health officer to take
 1-9     into custody, detain, and return to a treatment facility a patient
1-10     or client under a court order for treatment at the facility.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 574.083, Health and Safety Code, is
1-13     amended by amending the heading and Subsections (a)-(e) to read as
1-14     follows:
1-15           Sec. 574.083.  RETURN TO FACILITY UNDER CERTIFICATE OF
1-16     FACILITY ADMINISTRATOR OR COURT ORDER. (a)  The facility
1-17     administrator of a facility to which a patient was admitted for
1-18     court-ordered inpatient health care services may authorize a peace
1-19     officer of the municipality or county in which the facility is
1-20     located to take [have] an absent patient [taken] into custody,
1-21     detain the patient, and return the patient [detained, and returned]
1-22     to the facility by issuing a certificate [filing an affidavit] as
1-23     prescribed by Subsection (c) to a law enforcement agency of the
1-24     municipality or county.
1-25           (b)  If there is reason to believe that an absent patient may
1-26     be outside the municipality or county in which the facility is
1-27     located, the facility administrator may file an affidavit as
1-28     prescribed by Subsection (c) with a magistrate [and] requesting the
1-29     magistrate to issue an order for the patient's return.  The
1-30     [(b)  A] magistrate with whom the affidavit is filed may issue an
1-31     order directing a peace or health officer to take an absent [a]
1-32     patient into custody and return the patient to the facility [if the
1-33     facility administrator files the affidavit prescribed by Subsection
1-34     (c)]. An order issued under this subsection extends to any part of
1-35     this state and authorizes any peace officer to whom the order is
1-36     directed or transferred to execute the order, take the patient into
1-37     custody, detain the patient, and return the patient to the
1-38     facility.
1-39           (c)  The certificate issued or [An] affidavit filed under
1-40     Subsection (a) or (b) must set out facts establishing that the
1-41     patient is receiving court-ordered inpatient mental health services
1-42     at the [a] facility and show that the facility administrator
1-43     reasonably believes that:
1-44                 (1)  the patient is absent without authority from the
1-45     facility;
1-46                 (2)  the patient has violated the conditions of a pass
1-47     or furlough; or
1-48                 (3)  the patient's condition has deteriorated to the
1-49     extent that the patient's continued absence from the facility under
1-50     a pass or furlough is inappropriate.
1-51           (d)  A peace or health officer shall take the patient into
1-52     custody and return the patient to the facility as soon as possible
1-53     if the patient's return is authorized by a certificate issued or
1-54     [the] court order issued under this section.
1-55           (e)  A [The] peace or health officer may take the patient
1-56     into custody without having the certificate or court order in the
1-57     officer's possession.
1-58           SECTION 2.  Section 593.012(a), Health and Safety Code, is
1-59     amended to read as follows:
1-60           (a)  The superintendent of a residential care facility to
1-61     which a client has been admitted for court-ordered care and
1-62     treatment may have a client who is absent without authority taken
1-63     into custody, detained, and returned to the facility by issuing a
1-64     certificate with a law enforcement agency of the municipality or
 2-1     county in which the facility is located or by obtaining a court
 2-2     order issued by [filing an affidavit with] a magistrate in the
 2-3     manner prescribed by Section 574.083.
 2-4           SECTION 3.  This Act takes effect September 1, 2001.
 2-5                                  * * * * *