78R8933 T

By:  Brown of Kaufman                                             H.B. No. 2837



A BILL TO BE ENTITLED

AN ACT

relating to general provisions proceedings for court ordered mental 
health services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	PART 1.  Health and Safety Code -- Title 7. SUBTITLE C. Texas 
Mental Health Code, Subchapter B, Section 574.005 to read as 
follows:
	Sec. 574.005.  Setting on Application  (a)  The judge or a 
magistrate designated under Section 574.021(e) shall set a date for 
a hearing to be held within 14 days after the date on which the 
application is filed.
	(b)  The hearing may not be held during the first three days 
after the application is filed if the proposed patient or the 
proposed patient's attorney objects.
	(c)  The court may grant one or more continuances of the 
hearing on the motion by a party and for good cause shown or on 
agreement of the parties.  However, the hearing shall be held not 
later than the 30th day after the date on which the original 
application is filed.  If extremely hazardous weather conditions 
exist or a disaster occurs that threatens the safety of the proposed 
patient or other essential parties to the hearing, the judge or 
magistrate may, by written order made each day, postpone the 
hearing for 24 hours.  The written order must declare that an 
emergency exists because of the weather or the occurrence of a 
disaster.
	(d)  Notwithstanding other law, as electronic 
teleconferencing equipment that provides real time audio and video 
presentation is made available to a court a judge who holds a 
hearing under this section related to the court-ordered mental 
health services in a mental health facility owned and operated by 
the State of Texas must utilize that technology by allowing any and 
all testimony required of any licensed independent practitioner 
employed by the State of Texas or any licensed independent 
practitioner employed by a TDMHMR designated Local Mental Health 
and/or Mental Retardation Authority to be presented via the 
electronic teleconferencing technology thereby reducing travel and 
other associated expenses to the State of Texas and its 
contractors.