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By: Naishtat (Senate Sponsor - Rodriguez) |
H.B. No. 3342 |
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(In the Senate - Received from the House May 4, 2011; |
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May 5, 2011, read first time and referred to Committee on Health |
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and Human Services; May 16, 2011, reported adversely, with |
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favorable Committee Substitute by the following vote: Yeas 7, |
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Nays 0; May 16, 2011, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR H.B. No. 3342 |
By: Rodriguez |
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A BILL TO BE ENTITLED
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AN ACT
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relating to representation of and by the state and joinder of the |
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state in certain mental health proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 571.016, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 571.016. REPRESENTATION OF STATE. Unless specified |
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otherwise, in a hearing held under this subtitle, including a |
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hearing held under Subchapter G, Chapter 574: |
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(1) the county attorney shall represent the state; or |
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(2) if the county has no county attorney, the district |
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attorney, the criminal district attorney, or a court-appointed |
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special prosecutor shall represent the state. |
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SECTION 2. Chapter 571, Health and Safety Code, is amended |
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by adding Section 571.0167 to read as follows: |
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Sec. 571.0167. HABEAS CORPUS PROCEEDINGS. (a) A petition |
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for a writ of habeas corpus arising from a commitment order must be |
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filed in the court of appeals for the county in which the order is |
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entered. |
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(b) The state shall be made a party in a habeas corpus |
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proceeding described in subsection (a). The appropriate attorney |
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prescribed by Section 571.016 shall represent the state. |
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(c) In a habeas corpus proceeding in which a state inpatient |
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mental facility or a physician employed by a state impatient mental |
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health facility is a party as a result of enforcing a commitment |
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order, the appropriate attorney prescribed by Section 571.016 shall |
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represent the facility or physician, or both the facility and |
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physician if both are parties, unless the attorney determines that |
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representation violates the Texas Disciplinary Rules of |
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Professional Conduct. |
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SECTION 3. The change in law made by this Act applies only |
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to a hearing or proceeding that commences on or after the effective |
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date of this Act. A hearing or proceeding that commences before the |
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effective date of this Act is governed by the law in effect on the |
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date the hearing or proceeding commenced, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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