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By:  Duncan                                                       S.B. No. 307
	(In the Senate - Filed January 31, 2005; February 7, 2005, 
read first time and referred to Committee on Criminal Justice; 
March 29, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 5, Nays 0; March 29, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 307                                    By:  Seliger


A BILL TO BE ENTITLED

AN ACT


relating to a mental health court program.                                  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 616.002, Health and Safety Code, is 
amended to read as follows:
	Sec. 616.002.  AUTHORITY TO ESTABLISH PROGRAM.  The 
commissioners court of a county may establish a mental health court 
program for persons who:
		(1)  have been arrested for or charged with a 
misdemeanor or felony; and
		(2)  are suspected by a law enforcement agency or a 
court of having a mental illness or mental retardation.
	SECTION 2.  Section 616.003, Health and Safety Code, is 
amended to read as follows:
	Sec. 616.003.  PROGRAM.  (a)  A mental health court program 
established under Section 616.002 may handle all issues arising 
under Articles 16.22 and [,] 17.032 [,] and Chapter 46B [46.02], 
Code of Criminal Procedure.
	(b)  The issues shall be handled by a magistrate, as 
designated by Article 2.09, Code of Criminal Procedure, who is part 
of a mental health court program established under Section 616.002.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.



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