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