LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                               May 24, 2001
  
  
          TO:  Honorable Bill Ratliff, Lieutenant Governor,  Senate
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB581  by Duncan (Relating to document preparation costs
               related to certain mental health proceedings.), As Passed
               2nd House
  
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*  No fiscal implication to the State is anticipated.                    *
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Local Government Impact
  
The bill would amend Section 574.031 (k), Health and Safety Code, to
include document preparation costs in the fee assessed by a county for a
prosecuting attorney's services in a mental health proceeding held in the
county for a resident of another county. The fee would be charged to the
patient or proposed patient's county of residence. The fee may not
exceed $50. The court in which a mental health proceeding is held would
also be authorized to award as court costs fees for other costs of the
proceeding against the county responsible for the payment of the costs of
the hearing.  Provisions of the bill would also remove additional
charges that had been allowed in Wichita County.

Counties that had collected document preparation fees prior to September
1, 2001 would not be required to repay any other person for any portion
of a document preparation fee collected prior to the effective date of
the bill, which would be September 1, 2001.

An analysis by the Comptroller of Public Accounts found that several
counties charge document preparation costs to the county of the patient's
residence.  Wilbarger County charges $475 per case, which includes
document preparation charges.  Howard County charges between $74 and $225
for document preparation.  A representative from Travis County indicated
they currently charge the allowed judicial and prosecutor fee only.  A
representative of Cherokee County said their state hospital prepares all
the documents for the county and that if the county had to take on that
responsibility, they would have to create an additional full-time
position.

In counties that have been charging a document preparation fee that is
more than the $50 fee for a prosecuting attorney's services, there would
be a reduction in revenue collected.  The negative impact would vary by
county, depending on how much they had been charging and how many
hearings for other counties they conduct annually. In counties that have
not been charging an extra document preparation fee, there would be no
fiscal impact.

Counties charged other court costs for a mental health proceeding held
outside of their county would incur a negative fiscal impact that would
vary, depending on the amount awarded to the county in which the
proceeding was held.
  
  
Source Agencies:   304   Comptroller of Public Accounts
LBB Staff:         JK, HD, DB