78R8935 T

By:  Brown of Kaufman                                             H.B. No. 2838



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 574.025 to read as 
follows:
	Sec. 574.025.  PROBABLE CAUSE HEARING  (a)  A hearing must be 
held to determine if:
		(1)  there is probable cause to believe that a proposed 
patient under a protective custody order presents a substantial 
risk of serious harm to himself or others to the extent that he 
cannot be at liberty pending the hearing on court-ordered mental 
health services; and
		(2)  a physician has stated his opinion and the 
detailed reasons for his opinion that the proposed patient is 
mentally ill.
	(b)  The hearing must be held not later than 72 hours after 
the time that the proposed patient was detained under a protective 
custody order.  If the period ends on a Saturday, Sunday, or legal 
holiday, the hearing must be held on the next day that is not a 
Saturday, Sunday, or legal holiday.  The judge or magistrate may 
postpone the hearing each day for an additional 24 hours if the 
judge or magistrate declares that an extreme emergency exists 
because of extremely hazardous weather conditions or the occurrence 
of a disaster that threatens the safety of the proposed patient or 
another essential party to the hearing.
	(c)  The hearing shall be held before a magistrate or, at the 
discretion of the presiding judge, before a master appointed by the 
presiding judge.  Notwithstanding any other law or requirement, a 
master appointed to conduct a hearing under this section may 
practice law in the court the master serves.  The master is entitled 
to reasonable compensation.
	(d)  The proposed patient and the proposed patient's 
attorney shall have an opportunity at the hearing to appear and 
present evidence to challenge the allegation that the proposed 
patient presents a substantial risk of serious harm to himself or 
others.
	(e)  The magistrate or master may consider evidence, 
including letters, affidavits, and other material, that may not be 
admissible or sufficient in a subsequent commitment hearing.
	(f)  The state may prove its case on the physician's 
certificate of medical examination filed in support of the initial 
motion.
	(g)  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.