H.B. 3240 78(R)    BILL ANALYSIS


H.B. 3240
By: Hilderbran
Public Health
Committee Report (Unamended)

BACKGROUND AND PURPOSE 
Under current law, only a district or county attorney may file an
application for court-ordered chemical dependency treatment that is not
accompanied by a certificate of medical examination. This bill allows for
a member of a person's family to file a sworn written application for
courtordered chemical dependency treatment of an adult; the application
does not have to be accompanied by certificate of medial exam.  

The bill empowers a family member to make an application for chemical
dependency treatment, without having to wait on a medical exam.  This bill
does not change the process for commitment to court-ordered treatment; the
medical exam is still required and is a vital part of the process.  The
bill serves to streamline process by enabling family members to apply for
court ordered treatment for adult at the earliest date possible. 

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS
SECTION 1. Amends the Health and Safety Code, by adding a new Subsection
(a) to define "member of the person's family" as a family member who is
related to the person within the second degree by affinity or
consanguinity.  Subsection (a-1) allows  a member of the person's family
to file an application for treatment without a certificate of medical
examination.   

SECTION 2. This Act takes effect September 1, 2003. 

EFFECTIVE DATE
September 1, 2003.