77R13184 MTB-D                           
         By Coleman                                            H.B. No. 2322
         Substitute the following for H.B. No. 2322:
         By Hartnett                                       C.S.H.B. No. 2322
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of a guardian of the person of a ward to
 1-3     consent to the voluntary admission of the ward to an inpatient
 1-4     psychiatric facility.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 770, Texas Probate Code, is amended by
 1-7     amending Subsection (b) and adding Subsections (e) and (f) to read
 1-8     as follows:
 1-9           (b)  Except as provided by Subsection (c), [or] (d), or (e)
1-10     of this section, a guardian may not voluntarily admit an
1-11     incapacitated person to a public or private in-patient psychiatric
1-12     facility or to a residential facility operated by the Texas
1-13     Department of Mental Health and Mental Retardation for care and
1-14     treatment.  If care and treatment in a psychiatric or a residential
1-15     facility are necessary, the person or the person's guardian may
1-16     apply for services under Section 593.027 or 593.028, Health and
1-17     Safety Code, or apply to a court to commit the person under
1-18     Subtitle D, Title 7, Health and Safety Code (Persons with Mental
1-19     Retardation Act), Subtitle C, Title 7, Health and Safety Code
1-20     (Texas Mental Health Code), or Chapter 462, Health and Safety Code.
1-21           (e)  A guardian of the person of a ward 16 years of age or
1-22     older may apply to the court that granted the guardianship for
1-23     authority to consent to the voluntary admission of the ward to a
1-24     public or private inpatient psychiatric facility for care and
 2-1     treatment.  Not later than 72 hours after the time the application
 2-2     is filed, the court shall appoint an attorney  ad litem for the
 2-3     ward, hold a hearing, and issue an order granting or denying the
 2-4     application.  The court shall grant the application and enter an
 2-5     order authorizing the guardian to consent to the voluntary
 2-6     admission of the ward to an inpatient psychiatric facility for care
 2-7     and treatment for a period not to exceed 14 days only if the court
 2-8     finds by clear and convincing evidence that admission for inpatient
 2-9     mental health services:
2-10                 (1)  would be in the ward's best interest;
2-11                 (2)  is the least restrictive treatment option
2-12     available; and
2-13                 (3)  is medically necessary for the ward, based on the
2-14     testimony of a psychiatrist who:
2-15                       (A)  is licensed in this state;
2-16                       (B)  examined the ward; and
2-17                       (C)  will be responsible for the ward's treatment
2-18     at the psychiatric facility.
2-19           (f)  The existence of an order issued under Subsection (e)
2-20     does not preclude the authorized discharge of a ward at a date
2-21     earlier than the date in the order.
2-22           SECTION 2.  Subpart E, Part 4, Chapter XIII, Texas Probate
2-23     Code, is amended by adding Section 770A to read as follows:
2-24           Sec. 770A.  COSTS OF PROCEEDING.  (a)  The costs for a
2-25     proceeding under Section 770(e) of this code shall be paid by the
2-26     applicant or the ward's estate.
2-27           (b)  Costs under this section include:
 3-1                 (1)  attorney's fees;
 3-2                 (2)  physician examination fees;
 3-3                 (3)  compensation for court-appointed:
 3-4                       (A)  attorneys;
 3-5                       (B)  physicians;
 3-6                       (C)  language interpreters; and
 3-7                       (D)  sign interpreters;
 3-8                 (4)  the clerk fee required for the proceeding under
 3-9     Section 118.052, Local Government Code; and
3-10                 (5)  expenses of transportation to a mental health
3-11     facility or to a federal agency not to exceed $50 if transporting
3-12     within the same county and not to exceed the reasonable cost of
3-13     transportation if transporting between counties.
3-14           (c)  The state or a county may not pay any costs under this
3-15     section for a ward admitted for care and treatment to a private
3-16     mental hospital under Section 770(e) of this code unless:
3-17                 (1)  a public facility is not available; and
3-18                 (2)  the commissioners court of the county in which the
3-19     proceeding is held authorizes the payment, if appropriate.
3-20           (d)  When an inpatient mental health facility files an
3-21     affidavit with the clerk of the court certifying that it has
3-22     received no compensation or reimbursement for the treatment of a
3-23     ward for whom court costs have been paid or advanced, the judge of
3-24     the probate court shall order the clerk of the court to refund the
3-25     costs.
3-26           SECTION 3. Section 572.001(a), Health and Safety Code, is
3-27     amended to read as follows:
 4-1           (a)  A person 16 years of age or older or a person younger
 4-2     than 16 years of age who is or has been married may request
 4-3     admission to an inpatient mental health facility by filing a
 4-4     request with the administrator of the facility to which admission
 4-5     is requested.  The parent, managing conservator, or guardian of a
 4-6     person younger than 16 years of age who is not and has not been
 4-7     married or the guardian of an incapacitated person who has been
 4-8     granted the authority to make the request under Section 770(e),
 4-9     Texas Probate Code, may request the admission of the person to an
4-10     inpatient mental health facility by filing a request with the
4-11     administrator of the facility to which admission is requested.
4-12           SECTION 4. Section 572.002, Health and Safety Code, is
4-13     amended to read as follows:
4-14           Sec. 572.002.  ADMISSION.  The facility administrator or the
4-15     administrator's authorized, qualified designee may admit a person
4-16     for whom a proper request for voluntary inpatient services is filed
4-17     if the administrator or the designee determines:
4-18                 (1)  from a preliminary examination that the person has
4-19     symptoms of mental illness and will benefit from the inpatient
4-20     services;
4-21                 (2)  that the person has been informed of the person's
4-22     rights as a voluntary patient; and
4-23                 (3)  that the admission was voluntarily agreed to:
4-24                       (A)  by the person, if the person is:
4-25                             (i)  16 years of age or older; or
4-26                             (ii)  younger than 16 years of age and is
4-27     or has been married; [or]
 5-1                       (B)  by the person's parent, managing
 5-2     conservator, or guardian, if the person is younger than 16 years of
 5-3     age and is not and has not been married; or
 5-4                       (C)  by the person's guardian if the person is an
 5-5     incapacitated person 16 years of age or older and the guardian is
 5-6     authorized to consent to the admission under Section 770(e), Texas
 5-7     Probate Code.
 5-8           SECTION 5.  Section 118.052, Local Government Code, is
 5-9     amended to read as follows:
5-10           Sec. 118.052.  FEE SCHEDULE. Each clerk of a county court
5-11     shall collect the following fees for services rendered to any
5-12     person:
5-13                 (1)  CIVIL COURT ACTIONS
5-14                       (A)  Filing of Original Action (Sec. 118.053):
5-15                             (i)  Garnishment after judgment ... $15.00
5-16                             (ii)  All others ... $40.00
5-17                       (B)  Filing of Action Other than Original (Sec.
5-18     118.054) ... $30.00
5-19                       (C)  Services Rendered After Judgment in Original
5-20     Action (Sec. 118.0545):
5-21                             (i)  Abstract of judgment ... $ 5.00
5-22                             (ii)  Execution, order of sale, writ, or
5-23     other process ... $ 5.00
5-24                 (2)  PROBATE COURT ACTIONS
5-25                       (A)  Probate Original Action (Sec. 118.055):
5-26                             (i)  Probate of a will with independent
5-27     executor, administration with will attached, administration of an
 6-1     estate, guardianship or receivership of an estate, or muniment of
 6-2     title ... $40.00
 6-3                             (ii)  Community survivors ... $40.00
 6-4                             (iii)  Small estates ... $40.00
 6-5                             (iv)  Declarations of heirship ... $40.00
 6-6                             (v)  Mental health or chemical dependency
 6-7     services ... $40.00
 6-8                             (vi)  Additional, special fee (Sec.
 6-9     118.064) ... $ 5.00
6-10                             (vii)  Filing application for voluntary
6-11     admission of ward to inpatient psychiatric facility under Section
6-12     770(e), Texas Probate Code ... $40.00
6-13                       (B)  Services in Pending Probate Action (Sec.
6-14     118.056):
6-15                             (i)  Filing an inventory and appraisement
6-16     after the 120th day after the date of the initial filing of the
6-17     action ... $25.00
6-18                             (ii)  Approving and recording
6-19     bond ... $ 3.00
6-20                             (iii)  Administering oath ... $ 2.00
6-21                             (iv)  Filing annual or final account of
6-22     estate ... $25.00
6-23                             (v)  Filing application for sale of real or
6-24     personal property ...  $25.00
6-25                             (vi)  Filing annual or final report of
6-26     guardian of a person ... $10.00
6-27                       (C)  Adverse Probate Action (Sec.
 7-1     118.057) ... $40.00
 7-2                       (D)  Claim Against Estate (Sec.
 7-3     118.058) ... $ 2.00
 7-4                 (3)  OTHER FEES
 7-5                       (A)  Issuing Document (Sec. 118.059):
 7-6                       original document and one copy ... $ 4.00
 7-7                       each additional set of an original and one
 7-8                       copy ... $ 4.00
 7-9                       (B)  Certified Papers (Sec. 118.060):
7-10                       for the clerk's certificate ... $ 5.00
7-11                       plus a fee per page or part of a page
7-12                       of ... $ 1.00
7-13                       (C)  Noncertified Papers (Sec. 118.0605):
7-14                       for each page or part of a page ... $ 1.00
7-15                       (D)  Letters Testamentary, Letter of
7-16     Guardianship, Letter of Administration, or Abstract of Judgment
7-17     (Sec. 118.061) ... $ 2.00
7-18                       (E)  Safekeeping of Wills (Sec.
7-19     118.062) ... $ 5.00
7-20           same as
7-21                       (F)  Mail Service of Process (Sec. 118.063) ...
7-22     sheriff
7-23                       (G)  Records Management and Preservation
7-24     Fee ... $ 5.00
7-25           SECTION 6. This Act takes effect September 1, 2001.