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  80R1694 KEL-D
 
  By: Deuell S.B. No. 442
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the payment of the costs of a hearing regarding the
court-ordered administration of psychoactive medication to certain
criminal defendants.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 571.018(a), Health and Safety Code, is
amended to read as follows:
       (a)  The costs for a hearing or proceeding under this
subtitle, other than a hearing regarding the court-ordered
administration of psychoactive medication to a person awaiting
trial or acquitted in a criminal case as described by Section
574.107, shall be paid by:
             (1)  the county that initiates emergency detention
procedures under Subchapter A or B, Chapter 573; or
             (2)  if no emergency detention procedures are
initiated, the county that accepts an application for court-ordered
mental health services, issues an order for protective custody, or
issues an order for temporary mental health services.
       SECTION 2.  Section 574.107, Health and Safety Code, is
amended to read as follows:
       Sec. 574.107.  COSTS. The costs for a hearing [hearings]
under this subchapter shall be paid in accordance with Sections
571.017 and 571.018, except that the county in which the applicable
criminal charges are pending or were adjudicated shall pay the
costs of a hearing that is held under Section 574.106 to evaluate
the court-ordered administration of psychoactive medication to:
             (1)  a patient ordered to receive inpatient mental
health services as described by Section 574.106(a)(1) after having
been acquitted of an offense by reason of insanity; or
             (2)  a patient awaiting trial and ordered to receive
inpatient mental health services as described by Section
574.106(a)(2).
       SECTION 3.  The change in law made by this Act applies only
to a hearing under Section 574.106, Health and Safety Code, that
commences on or after the effective date of this Act. A hearing
under Section 574.106, Health and Safety Code, that commences
before the effective date of this Act is covered by the law in
effect when the hearing commenced, and the former law is continued
in effect for this purpose.
       SECTION 4.  This Act takes effect September 1, 2007.