By Corte                                              H.B. No. 2985
         77R9219 SMJ-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to admission to and discharge from facilities for
 1-3     voluntary inpatient mental health services for persons younger than
 1-4     18 years of age.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Sections 572.001(a), (c), and (d), Health and
 1-7     Safety Code, are amended to read as follows:
 1-8           (a)  A person 18 [16] years of age or older or a person
 1-9     younger than 18 [16] years of age who is or has been married may
1-10     request admission to an inpatient mental health facility by filing
1-11     a request with the administrator of the facility to which admission
1-12     is requested.  The parent, managing conservator, or guardian of a
1-13     person younger than 18 [16] years of age who is not and has not
1-14     been married may request the admission of the person to an
1-15     inpatient mental health facility by filing a request with the
1-16     administrator of the facility to which admission is requested.
1-17           (c)  A person or agency appointed as the guardian or a
1-18     managing conservator of a person [minor] younger than 18 [16] years
1-19     of age and acting as an employee or agent of the state or a
1-20     political subdivision of the state may request admission of the
1-21     person younger than 18 years of age [minor] only with the person's
1-22     [minor's] consent.
1-23           (d)  The administrator of an inpatient mental health facility
1-24     may admit a person [minor] who is 18 [16] years of age or older or
 2-1     a person younger than 18 [16] years of age who is or has been
 2-2     married to an inpatient mental health facility as a voluntary
 2-3     patient without the consent of the parent, managing conservator, or
 2-4     guardian.
 2-5           SECTION 2.  Section 572.002, Health and Safety Code, is
 2-6     amended to read as follows:
 2-7           Sec. 572.002.  ADMISSION. The facility administrator or the
 2-8     administrator's authorized, qualified designee may admit a person
 2-9     for whom a proper request for voluntary inpatient services is filed
2-10     if the administrator or the designee determines:
2-11                 (1)  from a preliminary examination that the person has
2-12     symptoms of mental illness and will benefit from the inpatient
2-13     services;
2-14                 (2)  that the person has been informed of the person's
2-15     rights as a voluntary patient; and
2-16                 (3)  that the admission was voluntarily agreed to:
2-17                       (A)  by the person, if the person is:
2-18                             (i)  18 [16] years of age or older; or
2-19                             (ii)  younger than 18 [16] years of age and
2-20     is or has been married; or
2-21                       (B)  by the person's parent, managing
2-22     conservator, or guardian, if the person is younger than 18 [16]
2-23     years of age and is not and has not been married.
2-24           SECTION 3.  Section 572.004, Health and Safety Code, is
2-25     amended by adding Subsection (i) to read as follows:
2-26           (i)  On receipt of a written request for discharge from a
2-27     patient admitted under Section 572.002(3)(B), a facility shall
 3-1     consult with the patient's parent, managing conservator, or
 3-2     guardian regarding the discharge.  If the parent, managing
 3-3     conservator, or guardian objects in writing to the patient's
 3-4     discharge, the facility shall continue treatment of the patient as
 3-5     a voluntary patient.
 3-6           SECTION 4.  This Act takes effect immediately if it receives
 3-7     a vote of two-thirds of all the members elected to each house, as
 3-8     provided by Section 39, Article III, Texas Constitution.  If this
 3-9     Act does not receive the vote necessary for immediate effect, this
3-10     Act takes effect September 1, 2001.