77R16325 JJT-F                          
         By Duncan                                              S.B. No. 581
         Substitute the following for S.B. No. 581:
         By Gray                                            C.S.S.B. No. 581
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to document preparation 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. Section 574.031(k), Health and Safety Code, is
 1-6     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.
1-14           SECTION 2. Section 44.343(b), Government Code, is amended to
1-15     read as follows:
1-16           (b)  The criminal district attorney shall collect the fees,
1-17     commissions, and perquisites that are provided by law for similar
1-18     services rendered by a district or county attorney.  [Additionally,
1-19     the criminal district attorney is entitled to be reimbursed a
1-20     reasonable fee for prosecuting cases arising under Chapter 574,
1-21     Health and Safety Code, in which the patient or proposed patient is
1-22     a resident of a county other than Wichita County.  Said fee is to
1-23     be taxed as costs and is to be paid by the county of residence of
1-24     the patient or proposed patient. "Reasonable fee" as used herein
 2-1     shall mean an amount equal to the fee ordered by the Court for any
 2-2     attorney court-appointed to represent the patient or proposed
 2-3     patient at each hearing.  Fees collected under this section shall
 2-4     be deposited in the account from which Wichita County assistant
 2-5     criminal district attorneys are paid.]
 2-6           SECTION 3. Notwithstanding any other law, a county that,
 2-7     before September 1, 2001, collected a fee for the preparation of
 2-8     documents related to mental health proceedings under Chapter 574,
 2-9     Health and Safety Code, is not liable to any other person for
2-10     repayment of any portion of the fee, regardless of whether the fee
2-11     was collected under adequate legal authority.
2-12           SECTION 4. This Act takes effect September 1, 2001.