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.