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BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 778

80R6562 UM-D                                                                                                                 By: Harris

                                                                                                                                      Jurisprudence

                                                                                                                                            3/12/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law requires significant travel expense and time away from local duties for county personnel needed for re-commitment hearings of Tarrant County residents who have been placed in the state mental health facility in Wichita Falls.  A much simpler and more efficient alternative would be to have the hearings via two-way electronic communication means.

 

As proposed, S.B. 778 allows the use of two-way electronic communication equipment for certain court proceedings to include mental health commitment hearings.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends the heading to Subchapter I, Chapter 574, Health and Safety Code, to read as follows:

 

SUBCHAPTER I.  USE OF VIDEO TECHNOLOGY AT PROCEEDINGS

 

SECTION 2.  Amends Subchapter I, Chapter 574, Health and Safety Code, by adding Section 574.203, as follows:

 

Sec. 574.203.  USE OF ELECTRONIC BROADCAST SYSTEM IN CERTAIN PROCEEDINGS UNDER THIS CHAPTER.  (a) Authorizes a mental health commitment hearing to be conducted in accordance with this chapter but by using an electronic broadcast system (system) if certain conditions are met.

 

(b) Authorizes, upon a motion made by certain persons, the court to terminate an appearance made through a system at any time during the appearance and require an appearance by the patient or proposed patient in open court.

 

(c) Requires the court to provide for a recording of the communication to be made and preserved until any appellate proceedings have been concluded.  Authorizes the patient or proposed patient to obtain a copy of the recording on payment of a reasonable amount to cover the costs of reproduction or, if the patient or proposed patient is indigent, requires the court to provide a copy to the patient or proposed patient without charging a cost for the copy.

 

SECTION 3.  Effective date: September 1, 2007.