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AN ACT
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relating to the use of certain technology to conduct certain mental |
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health proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.012, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (h) and |
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(i) to read as follows: |
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(a) Except as provided by Subsection (h), an [An] applicant |
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for emergency detention must present the application personally to |
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a judge or magistrate. The judge or magistrate shall examine the |
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application and may interview the applicant. Except as provided by |
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Subsection (g), the judge of a court with probate jurisdiction by |
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administrative order may provide that the application must be: |
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(1) presented personally to the court; or |
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(2) retained by court staff and presented to another |
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judge or magistrate as soon as is practicable if the judge of the |
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court is not available at the time the application is presented. |
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(h) A judge or magistrate may permit an applicant who is a |
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physician to present an application by secure electronic means, |
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including satellite transmission, closed-circuit television |
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transmission, or any other method of two-way electronic |
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communication that: |
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(1) is secure; |
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(2) is available to the judge or magistrate; and |
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(3) provides for a simultaneous, compressed |
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full-motion video and interactive communication of image and sound |
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between the judge or magistrate and the applicant. |
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(i) The judge or magistrate shall provide for a recording of |
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the presentation of an application under Subsection (h) to be made |
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and preserved until the patient or proposed patient has been |
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released or discharged. The patient or proposed patient may obtain |
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a copy of the recording on payment of a reasonable amount to cover |
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the costs of reproduction or, if the patient or proposed patient is |
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indigent, the court shall provide a copy on the request of the |
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patient or proposed patient without charging a cost for the copy. |
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SECTION 2. The heading to Subchapter I, Chapter 574, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER I. USE OF VIDEO TECHNOLOGY [TESTIMONY BY
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CLOSED-CIRCUIT VIDEO TELECONFERENCING] AT PROCEEDINGS |
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SECTION 3. Subchapter I, Chapter 574, Health and Safety |
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Code, is amended by adding Section 574.203 to read as follows: |
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Sec. 574.203. USE OF SECURE ELECTRONIC COMMUNICATION METHOD |
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IN CERTAIN PROCEEDINGS UNDER THIS CHAPTER. (a) A hearing may be |
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conducted in accordance with this chapter but conducted by secure |
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electronic means, including satellite transmission, closed-circuit |
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television transmission, or any other method of two-way electronic |
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communication that is secure, available to the parties, approved by |
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the court, and capable of visually and audibly recording the |
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proceedings, if: |
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(1) written consent to the use of a secure electronic |
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communication method for the hearing is filed with the court by: |
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(A) the proposed patient or the attorney |
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representing the proposed patient; and |
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(B) the county or district attorney, as |
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appropriate; |
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(2) the secure electronic communication method |
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provides for a simultaneous, compressed full-motion video, and |
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interactive communication of image and sound among the judge, |
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associate judge, or master, the county or district attorney, the |
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attorney representing the proposed patient, and the proposed |
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patient; and |
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(3) on request of the proposed patient or the attorney |
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representing the proposed patient, the proposed patient and the |
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attorney can communicate privately without being recorded or heard |
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by the judge, associate judge, or master or the county or district |
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attorney. |
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(b) On the motion of the patient or proposed patient, the |
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attorney representing the patient or proposed patient, or the |
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county or district attorney or on the court's own motion, the court |
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may terminate an appearance made through a secure electronic |
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communication method at any time during the appearance and require |
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an appearance by the patient or proposed patient in open court. |
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(c) The court shall provide for a recording of the |
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communication to be made and preserved until any appellate |
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proceedings have been concluded. The patient or proposed patient |
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may obtain a copy of the recording on payment of a reasonable amount |
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to cover the costs of reproduction or, if the patient or proposed |
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patient is indigent, the court shall provide a copy on the request |
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of the patient or proposed patient without charging a cost for the |
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copy. |
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SECTION 4. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 778 passed the Senate on |
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April 12, 2007, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 24, 2007, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 778 passed the House, with |
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amendment, on May 23, 2007, by the following vote: Yeas 144, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |