By: Coleman (Senate Sponsor - Schwertner) H.B. No. 3474

(In the Senate - Received from the House May 6, 2015; May 7, 2015, read first time and referred to Committee on Health and Human Services; May 22, 2015, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 1; May 22, 2015, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 3474 By: Kolkhorst

A BILL TO BE ENTITLED

AN ACT

relating to issues affecting counties and other governmental entities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Effective September 1, 2015, Article 55.01(a), Code of Criminal Procedure, is amended to read as follows:

(a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:

(1) the person is tried for the offense for which the person was arrested and is:

(A) acquitted by the trial court, except as provided by Subsection (c); or

(B) convicted and subsequently:

(i) pardoned for a reason other than that described by Subparagraph (ii); or

(ii) pardoned or otherwise granted relief on the basis of actual innocence with respect to that offense, if the applicable pardon or court order clearly indicates on its face that the pardon or order was granted or rendered on the basis of the person's actual innocence; or

(2) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision under Article 42.12 for the offense, unless the offense is a Class C misdemeanor, provided that:

(A) regardless of whether any statute of limitations exists for the offense and whether any limitations period for the offense has expired, an indictment or information charging the person with the commission of a misdemeanor offense based on the person's arrest or charging the person with the commission of any felony offense arising out of the same transaction for which the person was arrested:

(i) has not been presented against the person at any time following the arrest, and:

(a) at least 180 days have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class C misdemeanor and if there was no felony charge arising out of the same transaction for which the person was arrested;

(b) at least one year has elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class B or A misdemeanor and if there was no felony charge arising out of the same transaction for which the person was arrested;

(c) at least three years have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a felony or if there was a felony charge arising out of the same transaction for which the person was arrested; or

(d) the attorney representing the state certifies that the applicable arrest records and files are not needed for use in any criminal investigation or prosecution, including an investigation or prosecution of another person; or

(ii) if presented at any time following the arrest, was dismissed or quashed, and the court finds that the indictment or information was dismissed or quashed because:

(a) the person was arrested for a Class B or Class C misdemeanor and subsequently completed a veterans treatment court program under Chapter 124, Government Code, or former law;

(b) the person completed a pretrial intervention program authorized under Section 76.011, Government Code, or, if the person was arrested for an offense punishable as a Class A misdemeanor or any higher category of offense, a veterans treatment court program under Chapter 124, Government Code, or former law;

(c) [because] the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense; or

(d) [, or because] the indictment or information was void; or

(B) prosecution of the person for the offense for which the person was arrested is no longer possible because the limitations period has expired.

SECTION 2. Effective September 1, 2015, Section 1a, Article 55.02, Code of Criminal Procedure, is amended by adding Subsection (a-1) to read as follows:

(a-1) A trial court dismissing a case of a person arrested for a Class B or Class C misdemeanor, following the person's successful completion of a veterans treatment court program created under Chapter 124, Government Code, or former law, if the trial court is a district court, or a district court in the county in which the trial court is located shall enter an order of expunction for a person entitled to expunction under Article 55.01(a)(2)(A)(ii)(a) not later than the 30th day after the date the court dismisses the case or receives the information regarding that dismissal, as applicable.

SECTION 3. Effective September 1, 2015, Section 2(a), Article 55.02, Code of Criminal Procedure, is amended to read as follows:

(a) A person who is entitled to expunction of records and files under Article 55.01(a)(1)(B)(i) or under Article 55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a), or a person who is eligible for expunction of records and files under Article 55.01(b) may file an ex parte petition for expunction in a district court for the county in which:

(1) the petitioner was arrested; or

(2) the offense was alleged to have occurred.

SECTION 4. Effective September 1, 2015, Section 21.044(c-1), Education Code, is amended to read as follows:

(c-1) Any minimum academic qualifications for a certificate specified under Subsection (a) that require a person to possess a bachelor's degree must also require that the person receive, as part of the training required to obtain that certificate, instruction regarding mental health, substance abuse, and youth suicide. The instruction required must:

(1) be provided through a program selected from the list of recommended best practice-based programs established under Section 161.325, Health and Safety Code; and

(2) include effective strategies for teaching and intervening with students with mental or emotional disorders, including de-escalation techniques and positive behavioral interventions and supports [in detection of students with mental or emotional disorders].

SECTION 5. Effective September 1, 2015, Section 54.976(a), Government Code, is amended to read as follows:

(a) A judge may refer to a magistrate any criminal case or matter relating to a criminal case for proceedings involving:

(1) a negotiated plea of guilty or no contest and sentencing;

(2) a pretrial motion;

(3) an examining trial;

(4) a writ of habeas corpus;

(5) a bond forfeiture suit;

(6) issuance of search warrants;

(7) setting, setting conditions, modifying, revoking, and surrendering of bonds, including surety bonds;

(8) arraignment of defendants;

(9) a motion to increase or decrease a bond;

(10) a motion to revoke community supervision or to proceed to an adjudication;

(11) an issue of competency or a civil commitment under Chapter 46, 46B, or 46C, Code of Criminal Procedure, with or without a jury;

(12) a motion to modify community supervision;

(13) specialty court proceedings, including drug court proceedings, veterans treatment [veteran's] court proceedings, and driving while intoxicated court proceedings;

(14) an expunction or a petition for nondisclosure;

(15) an occupational driver's license;

(16) a waiver of extradition;

(17) the issuance of subpoenas and orders requiring the production of medical records, including records relating to mental health or substance abuse treatment; and

(18) any other matter the judge considers necessary and proper.

SECTION 6. Effective September 1, 2015, Section 103.0271, Government Code, is amended to read as follows:

Sec. 103.0271. ADDITIONAL MISCELLANEOUS FEES AND COSTS: GOVERNMENT CODE. Fees and costs shall be paid or collected under the Government Code as follows:

(1) a program fee for a drug court program (Sec. 123.004, Government Code) . . . not to exceed $1,000;

(2) an alcohol or controlled substance testing, counseling, and treatment fee (Sec. 123.004, Government Code) . . . the amount necessary to cover the costs of testing, counseling, and treatment;

(3) a reasonable program fee for a veterans treatment court program (Sec. 124.005, Government Code) . . . not to exceed $500 [$1,000]; and

(4) a testing, counseling, and treatment fee for testing, counseling, or treatment performed or provided under a veterans treatment court program (Sec. 124.005, Government Code) . . . the amount necessary to cover the costs of testing, counseling, or treatment.

SECTION 7. Effective September 1, 2015, the heading to Chapter 124, Government Code, is amended to read as follows:

CHAPTER 124. VETERANS TREATMENT COURT PROGRAM

SECTION 8. Effective September 1, 2015, Section 124.001, Government Code, is amended to read as follows:

Sec. 124.001. VETERANS TREATMENT COURT PROGRAM DEFINED; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "veterans treatment court program" means a program that has the following essential characteristics:

(1) the integration of services in the processing of cases in the judicial system;

(2) the use of a nonadversarial approach involving prosecutors and defense attorneys to promote public safety and to protect the due process rights of program participants;

(3) early identification and prompt placement of eligible participants in the program;

(4) access to a continuum of alcohol, controlled substance, mental health, and other related treatment and rehabilitative services;

(5) careful monitoring of treatment and services provided to program participants;

(6) a coordinated strategy to govern program responses to participants' compliance;

(7) ongoing judicial interaction with program participants;

(8) monitoring and evaluation of program goals and effectiveness;

(9) continuing interdisciplinary education to promote effective program planning, implementation, and operations; and

(10) development of partnerships with public agencies and community organizations, including the United States Department of Veterans Affairs.

(b) If a defendant who was arrested for or charged with, but not convicted of or placed on deferred adjudication community supervision for, an offense successfully completes a veterans treatment court program [as authorized under Section 76.011], after notice to the attorney representing the state and a hearing in the veterans treatment court at which that court determines that a dismissal is in the best interest of justice, the veterans treatment court shall provide its findings with respect to the dismissal to the court in which the criminal case is pending and shall include, for a defendant entitled to expunction, all of the information required for a petition under Section 2(b), Article 55.02, Code of Criminal Procedure. If the veterans treatment court determines that a dismissal is in the best interest of justice for a program participant, the court in which the criminal case is pending shall dismiss the case [criminal action] against the participant. For a participant who is entitled to an automatic order of expunction under Section 1a(a-1), Article 55.02, Code of Criminal Procedure, the court in which the criminal case is pending shall:

(1) enter the order on behalf of the participant, if that court is a district court; or

(2) if that court is not a district court, forward the appropriate dismissal and expunction information to a district court with jurisdiction to enter the order on behalf of the participant [defendant].

(c) Regardless of whether the defendant was convicted of the offense for which the defendant entered the veterans treatment court program or whether the applicable court with jurisdiction over the criminal case deferred further proceedings without entering an adjudication of guilt, if a defendant successfully completes a veterans treatment court program and the case was not dismissed under Subsection (b), after notice to the state and a hearing on whether the defendant is otherwise entitled to the petition and whether issuance of the order is in the best interest of justice, the court shall enter an order of nondisclosure under Section 411.081 as if the defendant had received a discharge and dismissal under Section 5(c), Article 42.12, Code of Criminal Procedure, with respect to all records and files related to the defendant's arrest for the offense for which the defendant entered the program if the defendant entered the program based on an offense punishable as a misdemeanor and:

(1) has not been previously convicted of an offense listed in Section 3g, Article 42.12, Code of Criminal Procedure, or a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure; and

(2) is not convicted for any felony offense between the date on which the defendant successfully completed the program and the second anniversary of that date.

(d) Notwithstanding Subsection (c), a defendant is not entitled to petition the court for an order of nondisclosure following successful completion of a veterans treatment court program if the defendant's entry into the program arose as the result of a conviction for an offense involving the operation of a motor vehicle while intoxicated and it was shown on the trial of the offense that the defendant's operation of a motor vehicle while intoxicated caused bodily injury to another. In this subsection, "bodily injury" has the meaning assigned by Section 1.07, Penal Code.

SECTION 9. Effective September 1, 2015, Section 124.002, Government Code, is amended to read as follows:

Sec. 124.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY. (a) The commissioners court of a county may establish a veterans treatment court program for persons arrested for, [or] charged with, convicted of, or placed on deferred adjudication community supervision for any misdemeanor or felony offense. A defendant is eligible to participate in a veterans treatment court program established under this chapter only if the attorney representing the state consents to the defendant's participation in the program and if the court in which the criminal case is pending or in which the defendant was convicted or placed on deferred adjudication community supervision, as applicable, finds that:

(1) the defendant:

(A) [(1)] is a veteran or current member of the United States armed forces, including a member of the reserves, national guard, or state guard; and

(B) [(2)] suffers from a brain injury, mental illness, or mental disorder, including post-traumatic stress disorder, or was a victim of military sexual trauma if the injury, illness, disorder, or trauma [that]:

(i) occurred during or [(A)] resulted from the defendant's military service [in a combat zone or other similar hazardous duty area]; and

(ii) [(B) materially] affected the defendant's criminal conduct at issue in the case; or

(2) considering the circumstances of the defendant's conduct, personal and social background, and criminal history, the defendant's participation in a veterans treatment court program is likely to achieve the objective of ensuring public safety through rehabilitation of the veteran in the manner provided by Section 1.02(1), Penal Code.

(b) The court in which the criminal case is pending shall allow an eligible defendant to choose whether to proceed through the veterans treatment court program or otherwise through the criminal justice system.

(c) Proof of matters described by Subsection (a) may be submitted to the applicable criminal court [in which the criminal case is pending] in any form the court determines to be appropriate, including military service and medical records, previous determinations of a disability by a veteran's organization or by the United States Department of Veterans Affairs, testimony or affidavits of other veterans or service members, and prior determinations of eligibility for benefits by any state or county veterans office. The court's findings must accompany any docketed case.

(d) In this section, "military sexual trauma" means any sexual assault or sexual harassment that occurs while the victim is a member of the United States armed forces performing the person's regular duties.

SECTION 10. Effective September 1, 2015, the heading to Section 124.003, Government Code, is amended to read as follows:

Sec. 124.003. DUTIES OF VETERANS TREATMENT COURT PROGRAM.

SECTION 11. Effective September 1, 2015, Section 124.003, Government Code, is amended by amending Subsections (a) and (b) and adding Subsection (b-1) to read as follows:

(a) A veterans treatment court program established under this chapter must:

(1) if there has not yet been a disposition in the criminal case, ensure that a person eligible for the program is provided legal counsel before volunteering to proceed through the program and while participating in the program;

(2) allow a participant arrested for or charged with an offense to withdraw from the program at any time before a trial on the merits has been initiated;

(3) provide a participant with a court-ordered individualized treatment plan indicating the services that will be provided to the participant; and

(4) ensure that the jurisdiction of the veterans treatment court continues for a period of not less than six months but does not continue beyond the period of community supervision for the offense charged.

(b) A veterans treatment court program established under this chapter shall make, establish, and publish local procedures to ensure maximum participation of eligible defendants in the county or counties in which those defendants reside.

(b-1) A veterans treatment court program may allow a participant to comply with the participant's court-ordered individualized treatment plan or to fulfill certain other court obligations through the use of videoconferencing software or other Internet-based communications.

SECTION 12. Effective September 1, 2015, Section 124.004, Government Code, is amended to read as follows:

Sec. 124.004. ESTABLISHMENT OF REGIONAL PROGRAM. (a) The commissioners courts of two or more counties may elect to establish a regional veterans treatment court program under this chapter for the participating counties.

(b) For purposes of this chapter, each county that elects to establish a regional veterans treatment court program under this section is considered to have established the program and is entitled to retain fees under Article 102.0178, Code of Criminal Procedure, in the same manner as if the county had established a veterans treatment court program without participating in a regional program.

SECTION 13. Effective September 1, 2015, Section 124.005(a), Government Code, is amended to read as follows:

(a) A veterans treatment court program established under this chapter may collect from a participant in the program:

(1) a reasonable program fee not to exceed $500 [$1,000]; and

(2) a testing, counseling, and treatment fee in an amount necessary to cover the costs of any testing, counseling, or treatment performed or provided under the program.

SECTION 14. Effective September 1, 2015, Chapter 124, Government Code, is amended by adding Section 124.006 to read as follows:

Sec. 124.006. COURTESY SUPERVISION. (a) A veterans treatment court program that accepts placement of a defendant may transfer responsibility for supervising the defendant's participation in the program to another veterans treatment court program that is located in the county where the defendant works or resides. The defendant's supervision may be transferred under this section only with the consent of both veterans treatment court programs and the defendant.

(b) A defendant that consents to the transfer of the defendant's supervision must agree to abide by all rules, requirements, and instructions of the veterans treatment court program that accepts the transfer.

(c) If a defendant whose supervision is transferred under this section does not successfully complete the program, the veterans treatment court program supervising the defendant shall return the responsibility for the defendant's supervision to the veterans treatment court program that initiated the transfer.

(d) If a defendant is charged with an offense in a county that does not operate a veterans treatment court program, the court in which the criminal case is pending may place the defendant in a veterans treatment court program located in the county where the defendant works or resides, provided that a program is operated in that county and the defendant agrees to the placement. A defendant placed in a veterans treatment court program in accordance with this subsection must agree to abide by all rules, requirements, and instructions of the program.

SECTION 15. Effective September 1, 2015, Section 772.0061(a)(2), Government Code, as amended by Chapters 747 (S.B. 462) and 1167 (S.B. 484), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(2) "Specialty court" means:

(A) a prostitution prevention program established under Chapter 169A, Health and Safety Code;

(B) a family drug court program established under Chapter 122 or former law;

(C) [(B)] a drug court program established under Chapter 123 or former law;

(D) [(C)] a veterans treatment court program established under Chapter 124 or former law; and

(E) [(D)] a mental health court program established under Chapter 125 or former law.

SECTION 16. Chapter 772, Government Code, is amended by adding Section 772.0072 to read as follows:

Sec. 772.0072. GRANT PROGRAM FOR MONITORING DEFENDANTS AND VICTIMS IN FAMILY VIOLENCE CASES. (a) In this section:

(1) "Criminal justice division" means the criminal justice division established under Section 772.006.

(2) "Family violence" has the meaning assigned by Section 71.004, Family Code.

(b) If funds are appropriated for the purposes of this section, the criminal justice division, in consultation with the Texas Council on Family Violence, shall establish and administer a grant program to reimburse counties for all or part of the costs incurred by counties as a result of monitoring in cases involving family violence defendants and victims who participate in a global positioning monitoring system under Article 17.292 or 17.49, Code of Criminal Procedure.

(c) The criminal justice division, in consultation with the Texas Council on Family Violence, shall establish:

(1) additional eligibility criteria for grant applicants;

(2) grant application procedures;

(3) guidelines relating to grant amounts;

(4) procedures for evaluating grant applications; and

(5) procedures for monitoring the use of a grant awarded under the program and ensuring compliance with any conditions of a grant.

(d) The criminal justice division shall include in the biennial report required by Section 772.006(a)(9) a detailed reporting of the results and performance of the grant program administered under this section.

(e) The criminal justice division may use all revenue available for purposes of this section other than funding received under the Victims of Crime Act of 1984 (Title II, Pub. L. No. 98-473), the Violence Against Women Act of 1994 (Title IV, Pub. L. No. 103-322), or the Violence Against Women Act of 2000 (Division B, Pub. L. No. 106-386).

SECTION 17. Section 81.008, Health and Safety Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 81.008. COMMUNICABLE DISEASE IN ANIMALS; EXCHANGE OF INFORMATION. (a) If the department or a local health authority has reasonable cause to believe that an animal has been infected with, has been exposed to, or is the carrier of a communicable disease, the department, local health authority, or Texas Animal Health Commission may obtain a sample of the animal's blood or other bodily fluid to perform a test for an infectious disease without:

(1) the permission of the animal's owner; or

(2) a control order under Section 81.084.

(b) The Texas Animal Health Commission and the Texas A&M [University] Veterinary Medical Diagnostic Laboratory shall each adopt by rule a memorandum of understanding, adopted also by rule by the executive commissioner, governing the exchange of information on communicable diseases in animals between the department and those entities.

SECTION 18. Section 81.046, Health and Safety Code, is amended by amending Subsection (b) and adding Subsection (f-1) to read as follows:

(b) Reports, records, and information relating to cases or suspected cases of diseases or health conditions are not public information under Chapter 552, Government Code, and may not be released or made public on subpoena or otherwise except as provided by Subsections (c), (d), [and] (f), and (f-1).

(f-1) The department may release to a first responder, as defined by Section 421.095, Government Code, or a local health authority a person's name and the address of the person's current location if:

(1) the department reasonably believes that the person is infected with, has been exposed to, or is the carrier of a communicable disease; and

(2) the communicable disease poses a serious health risk to first responders that do not wear the appropriate personal protective equipment.

SECTION 19. Section 81.083, Health and Safety Code, is amended by amending Subsections (a), (b), and (e) and adding Subsection (d-1) to read as follows:

(a) Any person, including a physician, who examines or treats an individual who has a communicable disease, or the department or a local health authority, shall instruct the individual about:

(1) measures for preventing reinfection and spread of the disease; and

(2) the necessity for treatment until the individual is cured or free from the infection.

(b) If the department or a health authority has reasonable cause to believe that an individual is infected [ill] with, has been exposed to, or is the carrier of a communicable disease, the department or health authority may order the individual, or the individual's parent, legal guardian, or managing conservator if the individual is a minor, to implement control measures that are reasonable and necessary to prevent the introduction, transmission, and spread of the disease in this state. The order may require the individual to remain in a health care facility or other location, including the individual's home.

(d-1) A peace officer, including a sheriff or constable, may use reasonable force to:

(1) secure an individual subject to an order issued under Subsection (b); and

(2) except as directed by the department or the health authority, prevent the individual from leaving the facility or other location designated in the order.

(e) An individual may be subject to emergency detention under Section 81.0891 or court orders under Subchapter G if the individual is infected with, has been exposed to, or is the carrier of or is reasonably suspected of being infected with, having been exposed to, or being the carrier of a communicable disease that presents an immediate threat to the public health and:

(1) the individual, or the individual's parent, legal guardian, or managing conservator if the individual is a minor, does not comply with the written orders of the department or a health authority under this section; or

(2) a public health disaster exists, regardless of whether the department or health authority has issued a written order and the individual has indicated that the individual will not voluntarily comply with control measures.

SECTION 20. Section 81.084(j), Health and Safety Code, is amended to read as follows:

(j) In this section, "property" means:

(1) an object;

(2) a parcel of land; [or]

(3) an animal; or

(4) a structure[, animal,] or other property on a parcel of land.

SECTION 21. Sections 81.086(b), (c), and (i), Health and Safety Code, are amended to read as follows:

(b) If the department or health authority has reasonable cause to believe that a carrier or conveyance has departed from or traveled through an area infected or contaminated with a communicable disease or that an individual transported by the carrier or conveyance is infected with, has been exposed to, or is the carrier of a communicable disease, the department or health authority may order the owner, operator, or authorized agent in control of the carrier or conveyance to:

(1) stop the carrier or conveyance at a port of entry or place of first landing or first arrival in this state; and

(2) provide information on passengers and cargo manifests that includes the details of:

(A) any illness suspected of being communicable that occurred during the journey;

(B) any condition on board the carrier or conveyance during the journey that may lead to the spread of disease; and

(C) any control measures imposed on the carrier or conveyance, its passengers or crew, or its cargo or any other object on board during the journey.

(c) The department or health authority may impose necessary technically feasible control measures under Section 81.083 or 81.084 to prevent the introduction and spread of communicable disease in this state if the department or health authority, after inspection, has reasonable cause to believe that a carrier or conveyance:

(1) [that] has departed from or traveled through an infected or contaminated area and:

(A) [(1)] is or may be infected or contaminated with a communicable disease; or

(B) [(2)] has cargo or an object on board that is or may be infected or contaminated with a communicable disease; or

(2) [(3)] has an individual on board who is infected with, has been exposed to, or is the carrier of[,] a communicable disease.

(i) The department or health authority may require an individual transported by carrier or conveyance who the department or health authority has reasonable cause to believe is infected with, has been exposed to, or is the carrier of a communicable disease to be isolated from other travelers and to disembark with the individual's personal effects and baggage at the first location equipped with adequate investigative and disease control facilities, whether the person is in transit through this state or to an intermediate or ultimate destination in this state. The department or health authority may investigate and, if necessary, isolate or involuntarily hospitalize the individual until the department or health authority approves the discharge as authorized by Section 81.083.

SECTION 22. Subchapter E, Chapter 81, Health and Safety Code, is amended by adding Sections 81.0891, 81.0892, 81.0893, 81.0894, and 81.0895 to read as follows:

Sec. 81.0891. EMERGENCY DETENTION OF INDIVIDUAL SUBJECT TO CONTROL ORDER. (a) A peace officer, without a warrant, may take an individual into custody if the officer has reason to believe and does believe that:

(1) the individual is subject to a written control order under Section 81.083 issued in response to a communicable disease that the commissioner of state health services has determined poses a serious and imminent risk to health and safety because the disease:

(A) has resulted or is likely to result in severe or life-threatening illness or death for those infected with the disease; and

(B) is not contained by current public health and medical interventions and is resulting in a high rate of morbidity or mortality;

(2) the individual, or the individual's parent, legal guardian, or managing conservator if the individual is a minor, is not complying with or does not intend to comply with the control order; and

(3) there is a substantial risk of serious harm to others unless the individual is immediately detained.

(b) A substantial risk of serious harm to others under Subsection (a)(3) may be demonstrated by:

(1) a violation of a control order issued in response to a communicable disease described by Subsection (a)(1) by the individual or, if the individual is a minor, the individual's parent, legal guardian, or managing conservator;

(2) evidence of signs or symptoms of illness consistent with the signs or symptoms of a communicable disease described by Subsection (a)(1), to the extent that the person cannot remain at liberty; or

(3) information provided to the peace officer by the local health authority that issued the control order or the department.

(c) The peace officer may form the belief that the individual may be subject to emergency detention under this section:

(1) on information and belief from the local health authority that issued the control order or the department; or

(2) on the basis of the condition of the individual or the circumstances under which the individual is found.

(d) A peace officer who takes an individual into custody under Subsection (a) shall immediately transport or, if the individual's suspected illness may pose a serious health risk to the peace officer, arrange for transportation of the individual to:

(1) the nearest appropriate health facility, as determined by the department; or

(2) a location considered suitable by the department or local health authority, including the individual's home.

(e) In determining whether a health facility or location is appropriate for detention of a particular individual under Subsection (d), the department or local health authority shall, to the extent possible while still protecting the public health, attempt to keep family units together.

(f) In determining whether a health facility is appropriate for the detention of a person under Subsection (d)(1), the department shall consider the facility's capacity and resources and whether the facility is designated as a facility for containment and treatment of communicable diseases.

(g) A peace officer who takes an individual into custody under Subsection (a) shall immediately inform the individual orally in simple, nontechnical terms:

(1) of the reason for the detention;

(2) of the individual's rights under Section 81.0895; and

(3) that a staff member of the health facility, or the department or local health authority if the individual is detained at a location under Subsection (d)(2), will inform the individual of the individual's rights under Section 81.0895 not later than 24 hours after the time the individual is admitted to the facility or detained at the other location, as applicable.

Sec. 81.0892. PEACE OFFICER'S NOTIFICATION OF DETENTION. (a) A peace officer shall immediately file with a health facility, or the local health authority or the department if the individual is detained at a location under Section 81.0891(d)(2), a notification of detention after transporting an individual to that facility or location under Section 81.0891.

(b) The notification of detention must contain:

(1) a statement that the officer has reason to believe and does believe that:

(A) the individual is the subject of a communicable disease control order under Section 81.083 in response to a communicable disease described by Section 81.0891(a)(1);

(B) the individual, or the individual's parent, legal guardian, or managing conservator if the individual is a minor, is not complying with or does not intend to comply with the control order;

(C) the individual evidences a substantial risk of serious harm to others; and

(D) the risk of harm is imminent unless the person is immediately detained;

(2) a statement that the officer's beliefs are based on specific recent behavior, overt acts, attempts, statements, or threats that were observed by or reliably reported to the officer; and

(3) a detailed description of the specific behavior, overt acts, attempts, statements, or threats and, if applicable, the name of the person who reported or observed the behavior, acts, attempts, statements, or threats.

(c) If the individual is detained at a health facility under Section 81.0891(d)(1), the facility in which the individual is detained shall include in the detained individual's file the notification of detention described by this section.

(d) The peace officer shall give the notification of detention on the following form: Notification--Communicable Disease Emergency Detention NO. ____________________ DATE:_______________TIME:_______________ THE STATE OF TEXAS FOR THE BEST INTEREST AND PROTECTION OF: ______________________________________

NOTIFICATION OF COMMUNICABLE DISEASE EMERGENCY DETENTION

Now comes _____________________________, a peace officer with (name of agency) _____________________________, of the State of Texas, and states as follows: 1. I have reason to believe and do believe that (name of individual to be detained) __________________________ is the subject of a control order under Section 81.083, Health and Safety Code, issued in response to a communicable disease determined by the commissioner of state health services to pose a serious and imminent risk to health and safety. 2. I have reason to believe and do believe that the above-named individual (or, if applicable, the minor individual's parent, legal guardian, or managing conservator) is not complying with or does not intend to comply with the control order based on the following: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 3. I have reason to believe and do believe that the above-named individual evidences a substantial risk of serious harm to others based on the following: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 4. I have reason to believe and do believe that the risk of harm is imminent unless the above-named individual is immediately detained. 5. My beliefs are based on the following recent behavior, overt acts, attempts, statements, or threats observed by me or reliably reported to me: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 6. The names and addresses of those persons who reported or observed recent behavior, overt acts, attempts, statements, or threats of the above-named person are (if applicable): ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ For the above reasons, I present this notification to (name of health facility or local health authority or department) _________________________ for the detention of (name of individual to be detained) __________________________. 7. Was the individual restrained in any way? Yes □ No □ _________________________BADGE NO. _____________________ PEACE OFFICER'S SIGNATURE Address: _________________________ Zip Code: ____________________ Telephone: ______________________

(e) A health facility, local health authority, or the department may not require a peace officer to execute any form other than the form provided by Subsection (d) as a condition of accepting for temporary admission an individual detained under Section 81.0891.

Sec. 81.0893. ACCEPTANCE OF PERSON. A health facility shall temporarily accept an individual for whom a peace officer files a notification of detention under Section 81.0892(a).

Sec. 81.0894. RELEASE FROM DETENTION. (a) An individual detained under Section 81.0891 may be detained in custody for not longer than 48 hours after the time the individual is presented to the health facility or location unless a written order for further custody or detention is obtained under Subchapter G.

(b) If the 48-hour period ends on a Saturday, Sunday, legal holiday, or before 4 p.m. on the first succeeding business day, the individual may be detained until 4 p.m. on the first succeeding business day. If the 48-hour period ends at a different time, the individual may be detained only until 4 p.m. on the day the 48-hour period ends.

(c) If extremely hazardous weather conditions exist or a disaster occurs, the presiding judge or magistrate may, by written order made each day, extend by an additional 24 hours the period during which the individual may be detained. The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.

Sec. 81.0895. RIGHTS OF INDIVIDUALS DETAINED. (a) An individual subject to emergency detention under Section 81.0891 has the right:

(1) to be advised of the location of detention, the reasons for the detention, and the fact that the detention could result in a longer period of court-ordered management;

(2) to a reasonable opportunity to communicate with and retain an attorney;

(3) to be released from a health facility as provided by Section 81.0894;

(4) to be advised that communications with a health professional, local health authority, or the department may be used in proceedings for further detention; and

(5) to a reasonable opportunity to communicate with a relative or other responsible person who has a proper interest in the individual's welfare.

(b) An individual detained under Section 81.0891 must:

(1) immediately be informed, orally in simple, nontechnical terms, of the individual's rights under this section by the peace officer at the time the peace officer takes the individual into custody under Section 81.0891; and

(2) not later than 24 hours after the time the individual is admitted to a health facility or detained in another location, as applicable, be informed of the rights provided by this section and this subchapter:

(A) orally in simple, nontechnical terms and in writing in the person's primary language, if possible; or

(B) through the use of a means reasonably calculated to communicate with a hearing or visually impaired individual, if applicable.

(c) The executive commissioner of the Health and Human Services Commission by rule shall prescribe the manner in which the individual is informed of the individual's rights under this subchapter.

SECTION 23. The heading to Subchapter G, Chapter 81, Health and Safety Code, is amended to read as follows:

SUBCHAPTER G. COURT ORDERS FOR MANAGEMENT OF PERSONS WHO ARE

INFECTED WITH, EXPOSED TO, OR CARRIERS OF COMMUNICABLE DISEASES

SECTION 24. Section 81.151(e), Health and Safety Code, is amended to read as follows:

(e) A single application may be filed for a group if:

(1) the department or health authority reasonably suspects that a group of five or more persons are infected with, have been [has been] exposed to, or are carriers of [infected with] a communicable disease; and

(2) each person in the group meets the criteria of this chapter for court orders for the management of a person who is infected with, has been exposed to, or is a carrier of a communicable disease.

SECTION 25. Section 81.1511, Health and Safety Code, is amended to read as follows:

Sec. 81.1511. APPLICABILITY OF SUBCHAPTER TO GROUP. To the extent possible, and except as otherwise provided, if a group application is filed under Section 81.151(e), the provisions of this subchapter apply to the group in the same manner as they apply to an individual, except that:

(1) except as provided by Subdivision (2), any statement or determination regarding the condition [conduct] or status of a person must be made in regard to the majority of the members of the group;

(2) any finding or statement related to compliance with orders under Section 81.083 must be made for the entire group;

(3) any notice required to be provided to a person must:

(A) in addition to being sent to each individual in the group for whom the department or health authority has an address, be published in a newspaper of general circulation in the county that includes the area of the suspected contamination and any other county in which the department or health authority suspects a member of the group resides;

(B) state that the group is appointed an attorney but that a member of the group is entitled to the member's own attorney on request; and

(C) include instructions for any person who reasonably suspects that the person was at the place of the suspected exposure at the time of the suspected exposure to provide the person's name, address, and county of residence to the department or health authority; and

(4) an affidavit of medical evaluation for the group may be based on evaluation of one or more members of the group if the physician reasonably believes that the condition of the individual or individuals represents the condition of the majority of the members of the group.

SECTION 26. Section 81.152, Health and Safety Code, is amended to read as follows:

Sec. 81.152. FORM OF APPLICATION. (a) An application for a court order for the management of a person who is infected with, has been exposed to, or is a carrier of a communicable disease must be styled using the person's initials and not the person's full name.

(b) The application must state whether the application is for temporary or extended management of a person who is infected with, has been exposed to, or is a carrier of a communicable disease.

(c) Any application must contain the following information according to the applicant's information and belief:

(1) the person's name and address;

(2) the person's county of residence in this state;

(3) a statement that the person is infected with, has been exposed to, or is the carrier of or is reasonably suspected of being infected with, having been exposed to, or being the carrier of a communicable disease that presents a threat to public health and that the person meets the criteria of this chapter for court orders for the management of a person with a communicable disease; and

(4) a statement, to be included only in an application for inpatient treatment, that the person fails or refuses to comply with written orders of the department or health authority under Section 81.083, if applicable.

(d) A group application must contain the following information according to the applicant's information and belief:

(1) a description of the group and the location where the members of the group may be found;

(2) a narrative of how the members of the group have become infected with, were [has been] exposed to, or became carriers of the communicable disease [infected];

(3) an estimate of how many persons are included in the group;

(4) to the extent known, a list containing the name, address, and county of residence in this state of each member of the group;

(5) if the applicant is unable to obtain the name and address of each member of the group:

(A) a statement that the applicant has sought each of the unknown names and addresses; and

(B) the reason that the names and addresses are unavailable; and

(6) a statement, to be included only in an application for inpatient treatment, that the members of the group fail or refuse to comply with written orders of the department or health authority under Section 81.083, if applicable.

SECTION 27. Section 81.153(a), Health and Safety Code, is amended to read as follows:

(a) The judge shall appoint an attorney to represent a person not later than the 24th hour after the time an application for a court order for the management of a person who is infected with, has been exposed to, or is the carrier of a communicable disease is filed if the person does not have an attorney. The judge shall also appoint a language or sign interpreter if necessary to ensure effective communication with the attorney in the person's primary language.

SECTION 28. Section 81.158(a), Health and Safety Code, is amended to read as follows:

(a) An affidavit of medical evaluation must be dated and signed by the commissioner or the commissioner's designee, or by a health authority with the concurrence of the commissioner or the commissioner's designee. The certificate must include:

(1) the name and address of the examining physician, if applicable;

(2) the name and address of the person examined or to be examined;

(3) the date and place of the examination, if applicable;

(4) a brief diagnosis of the examined person's physical and mental condition, if applicable;

(5) the period, if any, during which the examined person has been under the care of the examining physician;

(6) an accurate description of the health treatment, if any, given by or administered under the direction of the examining physician; and

(7) the opinion of the health authority or department and the reason for that opinion, including laboratory reports, that:

(A) the examined person is infected with, has been exposed to, or is the carrier of or is reasonably suspected of being infected with, having been exposed to, or being the carrier of a communicable disease that presents a threat to public health; and

(B) as a result of that communicable disease the examined person:

(i) is likely to cause serious harm to self [himself]; or

(ii) will, if not examined, observed, or treated, continue to endanger public health.

SECTION 29. Section 81.159(a), Health and Safety Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) The commissioner shall designate health care facilities throughout the state that are capable of providing services for the examination, observation, isolation, or treatment of persons having or suspected of being infected with, having been exposed to, or being a carrier of [having] a communicable disease. However, the commissioner may not designate:

(1) a nursing facility or custodial care home required to be licensed under Chapter 242; or

(2) an ICF-IID required to be licensed under Chapter 252.

SECTION 30. Sections 81.161(a) and (c), Health and Safety Code, are amended to read as follows:

(a) A motion for an order of protective custody may be filed only in the court in which an application for a court order for the management of a person who is infected with, has been exposed to, or is the carrier of a communicable disease is pending.

(c) The motion must state that:

(1) the department or health authority has reason to believe and does believe that the person meets the criteria authorizing the court to order protective custody; and

(2) the belief is derived from:

(A) the representations of a credible person;

(B) the condition [conduct] of the person who is the subject of the motion; or

(C) the circumstances under which the person is found.

SECTION 31. Sections 81.162(a) and (f), Health and Safety Code, are amended to read as follows:

(a) The judge or designated magistrate may issue a protective custody order if the judge or magistrate determines:

(1) that the health authority or department has stated its opinion and the detailed basis for its opinion that the person is infected with, has been exposed to, or is the carrier of or is reasonably suspected of being infected with, having been exposed to, or being the carrier of a communicable disease that presents an immediate threat to the public health; and

(2) that the person fails or refuses to comply with the written orders of the health authority or the department under Section 81.083, if applicable.

(f) Notwithstanding Section 81.161 or Subsection (c), a judge or magistrate may issue a temporary protective custody order before the filing of an application for a court order for the management of a person who is infected with, has been exposed to, or is a carrier of a communicable disease under Section 81.151 if:

(1) the judge or magistrate takes testimony that an application under Section 81.151, together with a motion for protective custody under Section 81.161, will be filed with the court on the next business day; and

(2) the judge or magistrate determines based on evidence taken under Subsection (d) that there is probable cause to believe that the person presents a substantial risk of serious harm to self [himself] or others to the extent that the person cannot be at liberty pending the filing of the application and motion.

SECTION 32. Section 81.165(a), Health and Safety Code, is amended to read as follows:

(a) A hearing must be held to determine if:

(1) there is probable cause to believe that a person under a protective custody order presents a substantial risk of serious harm to the person [himself] or others to the extent that the person cannot be at liberty pending the hearing on a court order for the management of a person with a communicable disease; and

(2) the health authority or department has stated its opinion and the detailed basis for its opinion that the person is infected with, has been exposed to, or is the carrier of or is reasonably suspected of being infected with, having been exposed to, or being the carrier of a communicable disease that presents an immediate threat to public health.

SECTION 33. Section 81.166(d), Health and Safety Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(d) The notification of probable cause hearing shall read as follows:

(Style of Case)

NOTIFICATION OF PROBABLE CAUSE HEARING

On this the _____ day of _________________, 20__, the undersigned hearing officer heard evidence concerning the need for protective custody of ___________ (hereinafter referred to as proposed patient). The proposed patient was given the opportunity to challenge the allegations that the proposed patient presents a substantial risk of serious harm to self or others.

The proposed patient and the proposed patient's attorney _________________________ have been given written notice that the proposed patient was placed under an order of protective custody and the reasons for such order on ___________ (date of notice).

I have examined the affidavit of medical evaluation and ________________ (other evidence considered). Based on this evidence, I find that there is probable cause to believe that the proposed patient presents a substantial risk of serious harm to self (yes ____ or no ____) or others (yes ____ or no ____) such that the proposed patient cannot be at liberty pending final hearing because the proposed patient is infected with, has been exposed to, or is the carrier of or is reasonably suspected of being infected with, having been exposed to, or being the carrier of a communicable disease that presents an immediate threat to the public health and the proposed patient has failed or refused to comply with the orders of the health authority or the Department of State Health Services delivered on __________ (date of service) ____________.

SECTION 34. Section 81.167(a), Health and Safety Code, is amended to read as follows:

(a) The head of a facility or the facility head's designee shall detain a person under a protective custody order in the facility pending a court order for the management of a person who is infected with, has been exposed to, or is a carrier of a communicable disease or until the person is released or discharged under Section 81.168.

SECTION 35. Section 81.168(c), Health and Safety Code, is amended to read as follows:

(c) The head of a facility shall discharge a person held under a protective custody order if:

(1) the head of the facility does not receive notice within 72 hours after detention begins, excluding Saturdays, Sundays, legal holidays, the period prescribed by Section 81.165(b) for an extreme weather emergency, and the duration of a public health disaster, that a probable cause hearing was held and the person's continued detention was authorized;

(2) a final court order for the management of a person who is infected with, has been exposed to, or is a carrier of a communicable disease has not been entered within the time prescribed by Section 81.154; or

(3) the health authority or commissioner determines that the person no longer meets the criteria for protective custody prescribed by Section 81.162.

SECTION 36. Section 81.169(a), Health and Safety Code, is amended to read as follows:

(a) Except as provided by Subsection (b), the judge may hold a hearing on an application for a court order for the management of a person who is infected with, has been exposed to, or is a carrier of a communicable disease at any suitable location in the county. The hearing should be held in a physical setting that is not likely to have a harmful effect on the public or the person.

SECTION 37. Section 81.170(f), Health and Safety Code, is amended to read as follows:

(f) The jury shall determine if the person is infected with, has been exposed to, or is the carrier of or is reasonably suspected of being infected with, having been exposed to, or being the carrier of a communicable disease that presents a threat to the public health and, if the application is for inpatient treatment, has refused or failed to follow the orders of the health authority. The jury may not make a finding about the type of services to be provided to the person.

SECTION 38. Section 81.171(a), Health and Safety Code, is amended to read as follows:

(a) The court shall enter an order denying an application for a court order for temporary or extended management if after a hearing the judge or jury fails to find, from clear and convincing evidence, that the person:

(1) is infected with, has been exposed to, or is the carrier of or is reasonably suspected of being infected with, having been exposed to, or being the carrier of a communicable disease that presents a threat to the public health;

(2) has refused or failed to follow the orders of the health authority if the application is for inpatient treatment; and

(3) meets the applicable criteria for orders for the management of a person who is infected with, has been exposed to, or is a carrier of a communicable disease.

SECTION 39. Section 81.172(a), Health and Safety Code, is amended to read as follows:

(a) The judge or jury may determine that a person requires court-ordered examination, observation, isolation, or treatment only if the judge or jury finds, from clear and convincing evidence, that:

(1) the person is infected with, has been exposed to, or is the carrier of or is reasonably suspected of being infected with, having been exposed to, or being the carrier of a communicable disease that presents a threat to the public health and, if the application is for inpatient treatment, has failed or refused to follow the orders of the health authority or department; and

(2) as a result of the communicable disease the person:

(A) is likely to cause serious harm to self [himself]; or

(B) will, if not examined, observed, isolated, or treated, continue to endanger public health.

SECTION 40. Section 81.174(a), Health and Safety Code, is amended to read as follows:

(a) The judge shall dismiss the jury, if any, after a hearing in which a person is found:

(1) to be infected with, to have been exposed to, or to be the carrier of or to be reasonably suspected of being infected with, having been exposed to, or being a carrier of a communicable disease;

(2) to have failed or refused to follow the orders of a health authority or the department if the application is for inpatient treatment; and

(3) to meet the criteria for orders for the management of a patient who is infected with, has been exposed to, or is a carrier of a communicable disease.

SECTION 41. Section 81.176, Health and Safety Code, is amended to read as follows:

Sec. 81.176. DESIGNATION OF FACILITY. In a court order for the temporary or extended management of a person who is infected with, has been exposed to, or is a carrier of a communicable disease specifying inpatient care, the court shall commit the person to a health care facility designated by the commissioner or a health authority in accordance with Section 81.159.

SECTION 42. Section 81.183(b), Health and Safety Code, is amended to read as follows:

(b) The court shall appoint an attorney to represent the person if a hearing is scheduled. The person shall be given notice of the matters to be considered at the hearing. The notice must comply with the requirements of Section 81.155 for notice before a hearing on an application for court orders for the management of a person who is infected with, has been exposed to, or is a carrier of a communicable disease.

SECTION 43. Section 81.186(a), Health and Safety Code, is amended to read as follows:

(a) The court may modify an order for outpatient services at the modification hearing if the court determines that the person continues to meet the applicable criteria for court orders for the management of a person who is infected with, has been exposed to, or is a carrier of a communicable disease and that:

(1) the person has not complied with the court's order; or

(2) the person's condition has deteriorated to the extent that outpatient services are no longer appropriate.

SECTION 44. Section 81.188(a), Health and Safety Code, is amended to read as follows:

(a) The court may set aside an order for the management of a person who is infected with, has been exposed to, or is a carrier of a communicable disease and grant a motion for rehearing for good cause shown.

SECTION 45. Section 81.190(d), Health and Safety Code, is amended to read as follows:

(d) The hearing is held before the court and without a jury. The hearing must be held in accordance with the requirements for a hearing on an application for a court order for the management of a person who is infected with, has been exposed to, or is a carrier of a communicable disease.

SECTION 46. Section 81.191(a), Health and Safety Code, is amended to read as follows:

(a) An appeal from an order for the management of a person who is infected with, has been exposed to, or is a carrier of a communicable disease, or from a renewal or modification of an order, must be filed in the court of appeals for the county in which the order is entered.

SECTION 47. Section 81.193(a), Health and Safety Code, is amended to read as follows:

(a) The head of a facility may permit a person admitted to the facility under order for extended inpatient management of a person who is infected with, has been exposed to, or is a carrier of a communicable disease to leave the facility under a pass.

SECTION 48. Chapter 81, Health and Safety Code, is amended by adding Subchapter J to read as follows:

SUBCHAPTER J. STATEWIDE INFECTIOUS DISEASE CONTROL MEASURES;

PREPARATION

Sec. 81.401. PERSONAL PROTECTIVE EQUIPMENT. (a) In this section, "personal protective equipment" means specialized clothing or equipment worn for protection against infectious materials.

(b) The department shall establish a stockpile, or regional stockpiles, of personal protective equipment to support responses to infectious disease emergencies in the state, if funds are appropriated for the purposes of this section.

SECTION 49. Effective September 1, 2015, Section 1001.201, Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature, Regular Session, 2013, is amended by adding Subdivisions (4) and (5) to read as follows:

(4) "School district employee" means a person employed by a school district who regularly interacts with students through the course of the person's duties, including an educator, a secretary, a school bus driver, or a cafeteria worker.

(5) "School resource officer" has the meaning assigned by Section 1701.601, Occupations Code.

SECTION 50. Effective September 1, 2015, Subchapter H, Chapter 1001, Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature, Regular Session, 2013, is amended by adding Section 1001.2015 to read as follows:

Sec. 1001.2015. LIMITATION ON GRANTS. For each state fiscal year, the department may give to a local mental health authority in the form of grants under Sections 1001.202 and 1001.203 an amount that may not exceed the lesser of:

(1) three percent of the total amount appropriated to the department for making grants under those sections; or

(2) $70,000.

SECTION 51. Effective September 1, 2015, Section 1001.202(b), Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature, Regular Session, 2013, is amended to read as follows:

(b) The [Except as provided by Subsection (c), the] department shall make each grant to a local mental health authority under this section in an amount equal to $1,000 times the number of employees or contractors of the authority whose training as mental health first aid trainers will be paid by the grant.

SECTION 52. Effective September 1, 2015, Sections 1001.203(a) and (c), Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature, Regular Session, 2013, are amended to read as follows:

(a) To the extent funds are appropriated to the department for that purpose, the department shall make grants to local mental health authorities to provide an approved mental health first aid training program, administered by mental health first aid trainers, at no cost to school district employees and school resource officers [educators].

(c) The [Subject to the limit provided by Subsection (b), out of the funds appropriated to the department for making grants under this section, the] department shall grant $100 to a local mental health authority for each school district employee or school resource officer [educator] who successfully completes a mental health first aid training program provided by the authority under this section.

SECTION 53. Effective September 1, 2015, Subchapter H, Chapter 1001, Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature, Regular Session, 2013, is amended by adding Section 1001.2031 to read as follows:

Sec. 1001.2031. SUPPLEMENTAL GRANTS FOR TRAINING CERTAIN EDUCATORS IN MENTAL HEALTH FIRST AID. For each state fiscal year, the department may allocate any unobligated money appropriated for making grants under Sections 1001.202 and 1001.203 for supplemental grants. The department may give a supplemental grant to a local mental health authority that submits to the department a revised plan as provided under Section 1001.204 that demonstrates how the additional grant money would be used if made available to the authority.

SECTION 54. Effective September 1, 2015, Section 1001.204(a), Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature, Regular Session, 2013, is amended to read as follows:

(a) Not later than July [October] 1 of each state fiscal year for which a local mental health authority will seek a grant from the department under Section 1001.203, the authority shall submit to the department a plan demonstrating the manner in which grants made to the authority under that section will be used:

(1) to train individuals in mental health first aid throughout the authority's local service area to maximize the number of children who have direct contact with an individual who has successfully completed a mental health first aid training program provided by the authority;

(2) to meet the greatest needs of the authority's local service area, as identified by the authority; and

(3) to complement existing resources and not duplicate established mental health first aid training efforts.

SECTION 55. Effective September 1, 2015, Section 1001.205, Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature, Regular Session, 2013, is amended to read as follows:

Sec. 1001.205. REPORTS. (a) Not later than September 30 [July 1] of each year, a local mental health authority shall provide to the department the number of:

(1) employees and contractors of the authority who were trained as mental health first aid trainers under Section 1001.202 during the preceding fiscal year;

(2) educators, school district employees other than educators, and school resource officers who completed a mental health first aid training program offered by the authority under Section 1001.203 during the preceding fiscal [calendar] year; and

(3) individuals who are not school district employees or school resource officers [educators] who completed a mental health first aid training program offered by the authority during the preceding fiscal [calendar] year.

(b) Not later than December 1 [August 1] of each year, the department shall compile the information submitted by local mental health authorities as required by Subsection (a) and submit a report to the legislature containing the number of:

(1) authority employees and contractors trained as mental health first aid trainers during the preceding fiscal year;

(2) educators, school district employees other than educators, and school resource officers who completed a mental health first aid training program provided by an authority during the preceding fiscal [calendar] year; and

(3) individuals who are not school district employees or school resource officers [educators] who completed a mental health first aid training program provided by an authority during the preceding fiscal [calendar] year.

SECTION 56. Effective January 1, 2016, Section 11.1825, Tax Code, is amended by amending Subsections (s) and (v) and adding Subsection (z) to read as follows:

(s) Unless otherwise provided by the governing body of a taxing unit any part of which is located in a county with a population of at least 1.8 million under Subsection (x) or as provided by Subsection (z), for property described by Subsection (f)(1), the amount of the exemption under this section from taxation is 50 percent of the appraised value of the property.

(v) Except as provided by Subsection (z), notwithstanding [Notwithstanding] any other provision of this section, an organization may not receive an exemption from taxation of property described by Subsection (f)(1) by a taxing unit any part of which is located in a county with a population of at least 1.8 million unless the exemption is approved by the governing body of the taxing unit in the manner provided by law for official action.

(z) Notwithstanding any other provision of this section, an owner of real property described by Subsection (f)(1) or (2) is entitled to an exemption under this section from taxation of 100 percent of the appraised value of the property regardless of whether the owner meets the requirements of Subsection (b) or of Subsections (c) and (d) if:

(1) the owner is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as amended, by being listed as an exempt entity under Section 501(c)(3) of that code and the owner otherwise qualifies for an exemption for the property under this section;

(2) the property was previously owned by a local government corporation created by a municipality under Chapter 431, Transportation Code, or Chapter 394, Local Government Code, or a predecessor statute for purposes that include promoting, developing, encouraging, and maintaining affordable housing in a tax increment financing reinvestment zone created by the municipality under Chapter 311, Tax Code; and

(3) the property is located in a county with a population of at least four million.

SECTION 57. (a) In this section, "task force" means the Task Force to Study Population Growth in Texas established under this section.

(b) The Task Force to Study Population Growth in Texas is established for the purposes of assessing the effects of population growth on counties in this state relating to:

(1) housing;

(2) businesses;

(3) available land resources;

(4) the state's economy;

(5) health care services; and

(6) county jails.

(c) The task force is composed of the following nine members:

(1) three state or local officials appointed by the governor;

(2) three state or local officials appointed by the lieutenant governor; and

(3) three state or local officials appointed by the speaker of the house of representatives.

(d) The members of the task force shall elect a presiding officer from among the membership.

(e) The offices of the governor, lieutenant governor, and speaker of the house of representatives shall provide staff support to the task force.

(f) The task force shall hold public hearings to achieve the purposes described by Subsection (b) of this section.

(g) A member of the task force is not entitled to receive compensation for service on the task force but is entitled to reimbursement of the travel expenses incurred by the member while conducting the business of the task force.

(h) The task force may accept gifts and grants from any source to be used to carry out a function of the task force.

(i) Not later than November 1, 2016, the task force shall submit a final report to the governor, the lieutenant governor, the speaker of the house of representatives, and the appropriate standing committees of the legislature. The report shall include a summary and analysis of:

(1) hearings and studies conducted by the task force;

(2) legislation proposed by the task force; and

(3) other findings and recommendations made by the task force.

(j) Not later than December 1, 2015, the governor, the lieutenant governor, and the speaker of the house of representatives shall make the appointments to the task force as described under Subsection (c) of this section.

(k) The task force is abolished and this section expires August 31, 2017.

SECTION 58. The changes in law made by this Act in amending Chapter 55, Code of Criminal Procedure, and in amending Section 124.001(b), Government Code, apply to the expunction of arrest records and files for an arrested person who successfully completes a veterans treatment court program under Chapter 124, Government Code, or former law, before, on, or after September 1, 2015, regardless of when the underlying arrest occurred.

SECTION 59. For a person who is arrested for a Class B or Class C misdemeanor and who is entitled to expunction under Article 55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as added by this Act, based on a successful completion of a veterans treatment court program under Chapter 124, Government Code, or former law, before the effective date of this Act, notwithstanding the 30-day time limit provided for the court to enter an automatic order of expunction under Section 1a(a-1), Article 55.02, Code of Criminal Procedure, as added by this Act, the court shall enter an order of expunction for the person as soon as practicable after the court receives written notice from any party to the case about the person's entitlement to the expunction.

SECTION 60. The change in law made by this Act by adding Sections 124.001(c) and (d), Government Code, and amending Section 124.002, Government Code, applies to a person who, on or after September 1, 2015, enters a veterans treatment court program under Chapter 124, Government Code, regardless of whether the person committed the offense for which the person enters the program before, on, or after the effective date of this Act.

SECTION 61. The change in law made by this Act in adding Section 124.006, Government Code, applies to a person who, on or after September 1, 2015, is under the supervision of a veterans treatment court program.

SECTION 62. Section 11.1825, Tax Code, as amended by this Act, applies only to ad valorem taxes imposed for a tax year beginning on or after January 1, 2016.

SECTION 63. Effective September 1, 2015, the following are repealed:

(1) Section 21.044(c-2), Education Code;

(2) Section 1001.202(c), Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature, Regular Session, 2013;

(3) Section 1001.203(b), Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature, Regular Session, 2013; and

(4) Section 250.006(b), Local Government Code.

SECTION 64. To the extent of any conflict, this Act prevails over another Act of the 84th Legislature, Regular Session, 2015, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 65. Except as otherwise provided by this Act, 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, 2015.

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