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.