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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of costs incurred by initiation of |
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emergency detention hearings for persons with mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 571.018, Health and Safety Code, is |
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amended by amending Subsections (a) and (h) and adding Subsection |
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(k) to read as follows: |
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(a) Except as provided by Subsection (k), the [The] costs |
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for a hearing or proceeding under this subtitle shall be paid by: |
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(1) the county that initiates emergency detention |
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procedures under Subchapter A or B, Chapter 573; or |
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(2) if no emergency detention procedures are |
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initiated, the county that accepts an application for court-ordered |
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mental health services, issues an order for protective custody, or |
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issues an order for temporary mental health services. |
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(h) The state or a county may not pay any costs for a patient |
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who is detained in or committed to a private mental hospital unless: |
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(1) a public facility is not available; and |
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(2) the commissioners court of the county authorizes |
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the payment, if appropriate. |
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(k) If a private mental hospital initiates emergency |
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detention procedures under Subchapter A or B, Chapter 573, and the |
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costs of the proceeding relate to services provided or to be |
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provided in the private mental hospital, the private mental |
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hospital must pay the filing fee and the costs of the proceeding at |
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the time of filing, unless the county clerk or the commissioners |
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court of the county agrees to accept payment at a later time. |
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SECTION 2. The change in law made by this Act applies only |
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to the costs of an emergency detention hearing initiated on or after |
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the effective date of this Act. The costs of an emergency detention |
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hearing initiated before the effective date of this Act are covered |
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by the law in effect when the hearing was initiated, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |