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A BILL TO BE ENTITLED
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AN ACT
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relating to the terminology used to describe certain judicial |
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officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.603(e), Government Code, is amended |
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to read as follows: |
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(e) An associate judge appointed under this subchapter may |
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serve as an associate judge [a master] appointed under Section |
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574.0085, Health and Safety Code. |
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SECTION 2. Section 571.017(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The court shall order the payment of reasonable |
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compensation to attorneys, physicians, language interpreters, sign |
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interpreters, and associate judges [masters] appointed under this |
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subtitle. |
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SECTION 3. Section 574.0085, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 574.0085. ASSOCIATE JUDGES [MASTERS]. (a) The |
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county judge may appoint a full-time or a part-time associate judge |
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[master] to preside over the proceedings for court-ordered mental |
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health services if the commissioners court of a county in which the |
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court has jurisdiction authorizes the employment of an associate |
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judge [a master]. |
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(b) To be eligible for appointment as an associate judge [a
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master], a person must be a resident of this state and have been |
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licensed to practice law in this state for at least four years or be |
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a retired county judge, statutory or constitutional, with at least |
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10 years of service. |
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(c) An associate judge [A master] shall be paid as |
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determined by the commissioners court of the county in which the |
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associate judge [master] serves. If an associate judge [a master] |
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serves in more than one county, the associate judge [master] shall |
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be paid as determined by agreement of the commissioners courts of |
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the counties in which the associate judge [master] serves. The |
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associate judge [master] may be paid from county funds available |
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for payment of officers' salaries. |
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(d) An associate judge [A master] who serves a single court |
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serves at the will of the judge of that court. The services of an |
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associate judge [a master] who serves more than two courts may be |
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terminated by a majority vote of all the judges of the courts the |
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associate judge [master] serves. The services of an associate |
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judge [a master] who serves two courts may be terminated by either |
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of the judges of the courts the associate judge [master] serves. |
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(e) To refer cases to an associate judge [a master], the |
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referring court must issue an order of referral. The order of |
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referral may limit the power or duties of an associate judge [a
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master]. |
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(f) Except as limited by an order of referral, an associate |
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judge [masters] appointed under this section has [have] all the |
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powers and duties set forth in Section 201.007, Family Code. |
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(g) A bailiff may attend a hearing held by an associate |
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judge [a master] if directed by the referring court. |
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(h) A witness appearing before an associate judge [a master] |
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is subject to the penalties for perjury provided by law. A |
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referring court may issue attachment against and may fine or |
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imprison a witness whose failure to appear before an associate |
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judge [a master] after being summoned or whose refusal to answer |
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questions has been certified to the court. |
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(i) At the conclusion of any hearing conducted by an |
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associate judge [a master] and on the preparation of an associate |
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judge's [a master's] report, the associate judge [master] shall |
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transmit to the referring court all papers relating to the case, |
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with the associate judge's [master's] signed and dated report. |
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After the associate judge's [master's] report has been signed, the |
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associate judge [master] shall give to the parties participating in |
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the hearing notice of the substance of the report. The associate |
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judge's [master's] report may contain the associate judge's |
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[master's] findings, conclusions, or recommendations. The |
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associate judge's [master's] report must be in writing in a form as |
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the referring court may direct. The form may be a notation on the |
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referring court's docket sheet. After the associate judge's |
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[master's] report is filed, the referring court may adopt, approve, |
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or reject the associate judge's [master's] report, hear further |
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evidence, or recommit the matter for further proceedings as the |
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referring court considers proper and necessary in the particular |
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circumstances of the case. |
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(j) If a jury trial is demanded or required, the associate |
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judge [master] shall refer the entire matter back to the referring |
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court for trial. |
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(k) An associate judge [A master] appointed under this |
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section has the judicial immunity of a county judge. |
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(l) An associate judge [A master] appointed in accordance |
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with this section shall comply with the Code of Judicial Conduct in |
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the same manner as the county judge. |
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SECTION 4. Sections 574.025(c) and (e), Health and Safety |
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Code, are amended to read as follows: |
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(c) The hearing shall be held before a magistrate or, at the |
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discretion of the presiding judge, before an associate judge [a
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master] appointed by the presiding judge. Notwithstanding any |
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other law or requirement, an associate judge [a master] appointed |
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to conduct a hearing under this section may practice law in the |
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court the associate judge [master] serves. The associate judge |
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[master] is entitled to reasonable compensation. |
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(e) The magistrate or associate judge [master] may consider |
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evidence, including letters, affidavits, and other material, that |
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may not be admissible or sufficient in a subsequent commitment |
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hearing. |
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SECTION 5. Sections 574.026(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) The magistrate or associate judge [master] shall order |
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that a proposed patient remain in protective custody if the |
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magistrate or associate judge [master] determines after the hearing |
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that an adequate factual basis exists for probable cause to believe |
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that the proposed patient presents a substantial risk of serious |
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harm to himself or others to the extent that he cannot remain at |
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liberty pending the hearing on court-ordered mental health |
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services. |
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(b) The magistrate or associate judge [master] shall |
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arrange for the proposed patient to be returned to the mental health |
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facility or other suitable place, along with copies of the |
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certificate of medical examination, any affidavits or other |
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material submitted as evidence in the hearing, and the notification |
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prepared as prescribed by Subsection (d). |
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SECTION 6. Section 574.028(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The magistrate or associate judge [master] shall order |
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the release of a person under a protective custody order if the |
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magistrate or associate judge [master] determines after the hearing |
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under Section 574.025 that no probable cause exists to believe that |
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the proposed patient presents a substantial risk of serious harm to |
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himself or others. |
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SECTION 7. Section 574.064(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A patient may be detained under a temporary detention |
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order for more than 72 hours, excluding Saturdays, Sundays, legal |
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holidays, and the period prescribed by Section 574.025(b) for an |
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extreme emergency only if, after a hearing held before the |
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expiration of that period, the court, a magistrate, or a designated |
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associate judge [master] finds that there is probable cause to |
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believe that: |
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(1) the patient meets the criteria described by |
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Section 574.065(a); and |
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(2) detention in an inpatient mental health facility |
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is necessary to evaluate the appropriate setting for continued |
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court-ordered services. |
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SECTION 8. Sections 574.106(d), (e), and (f), Health and |
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Safety Code, are amended to read as follows: |
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(d) A judge may refer a hearing to a magistrate or |
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court-appointed associate judge [master] who has training |
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regarding psychoactive medications. The magistrate or associate |
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judge [master] may effectuate the notice, set hearing dates, and |
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appoint attorneys as required in this subchapter. A record is not |
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required if the hearing is held by a magistrate or court-appointed |
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associate judge [master]. |
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(e) A party is entitled to a hearing de novo by the judge if |
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an appeal of the magistrate's or associate judge's [master's] report |
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is filed with the court within three days after the report is |
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issued. The hearing de novo shall be held within 30 days of the |
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filing of the application for an order to authorize psychoactive |
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medication. |
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(f) If a hearing or an appeal of an associate judge's [a
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master's] or magistrate's report is to be held in a county court in |
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which the judge is not a licensed attorney, the proposed patient or |
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the proposed patient's attorney may request that the proceeding be |
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transferred to a court with a judge who is licensed to practice law |
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in this state. The county judge shall transfer the case after |
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receiving the request, and the receiving court shall hear the case |
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as if it had been originally filed in that court. |
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SECTION 9. Section 574.203(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A hearing may be conducted in accordance with this |
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chapter but conducted by secure electronic means, including |
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satellite transmission, closed-circuit television transmission, or |
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any other method of two-way electronic communication that is |
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secure, available to the parties, approved by the court, and |
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capable of visually and audibly recording the 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 or [,] |
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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 or [,] associate judge [, or master] or by the county or |
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district attorney. |
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SECTION 10. Section 821.0211, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 821.0211. ADDITIONAL DEFINITION. In this subchapter, |
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"magistrate" means any officer as defined in Article 2.09, Code of |
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Criminal Procedure, except that the term does not include justices |
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of the supreme court, judges of the court of criminal appeals, or |
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courts of appeals, judges or associate judges [masters] of |
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statutory probate courts, or judges or associate judges [masters] |
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of district courts that give preference to family law matters or |
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family district courts under Subchapter D, Chapter 24, Government |
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Code. |
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SECTION 11. This Act takes effect September 1, 2009. |