1-1                                   AN ACT
 1-2     relating to responsibility for costs related to certain mental
 1-3     health proceedings.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (k), Section 574.031, Health and
 1-6     Safety Code, is amended to read as follows:
 1-7           (k)  Notwithstanding other law, a judge who holds a hearing
 1-8     under this section may assess for the services of a prosecuting
 1-9     attorney a fee in an amount not to exceed $50 as a court cost
1-10     against the county responsible for the payment of the costs of the
1-11     hearing under Section 571.018.  For a mental health proceeding, the
1-12     fee assessed under this subsection includes costs incurred for the
1-13     preparation of documents related to the proceeding.  The court may
1-14     award as court costs fees for other costs of a mental health
1-15     proceeding against the county responsible for the payment of the
1-16     costs of the hearing under Section 571.018.
1-17           SECTION 2.  Subsection (b), Section 44.343, Government Code,
1-18     is amended to read as follows:
1-19           (b)  The criminal district attorney shall collect the fees,
1-20     commissions, and perquisites that are provided by law for similar
1-21     services rendered by a district or county attorney.  [Additionally,
1-22     the criminal district attorney is entitled to be reimbursed a
1-23     reasonable fee for prosecuting cases arising under Chapter 574,
1-24     Health and Safety Code, in which the patient or proposed patient is
1-25     a resident of a county other than Wichita County.  Said fee is to
 2-1     be taxed as costs and is to be paid by the county of residence of
 2-2     the patient or proposed patient. "Reasonable fee" as used herein
 2-3     shall mean an amount equal to the fee ordered by the Court for any
 2-4     attorney court-appointed to represent the patient or proposed
 2-5     patient at each hearing.  Fees collected under this section shall
 2-6     be deposited in the account from which Wichita County assistant
 2-7     criminal district attorneys are paid.]
 2-8           SECTION 3.  Notwithstanding any other law, a county that,
 2-9     before September 1, 2001, collected a fee for the preparation of
2-10     documents related to mental health proceedings under Chapter 574,
2-11     Health and Safety Code, is not liable to any other person for
2-12     repayment of any portion of the fee, regardless of whether the fee
2-13     was collected under adequate legal authority.
2-14           SECTION 4.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 581 passed the Senate on
         March 29, 2001, by the following vote:  Yeas 30, Nays 0, one
         present not voting; and that the Senate concurred in House
         amendments on May 26, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 581 passed the House, with
         amendments, on May 23, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor