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AN ACT
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relating to certain notice requirements and filing requirements in |
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court proceedings involving persons with mental illness and |
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representation of proposed patients in proceedings for |
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court-ordered mental health services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 571.013, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 571.013. METHOD OF GIVING NOTICE. Except as otherwise |
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provided by this subtitle, notice required under this subtitle may |
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be given by: |
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(1) personal delivery of [delivering] a copy of the |
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notice or document by a constable or sheriff of the county; [in
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person] or |
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(2) [in] another manner directed by the court that is |
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reasonably calculated to give actual notice. |
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SECTION 2. Section 571.014(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) A person may [initially] file a paper with the county |
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clerk by the use of reproduced, photocopied, or electronically |
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transmitted paper copies of [if the person files] the original |
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signed copies of the paper. A person who files a reproduced, |
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photocopied, or electronically transmitted paper must maintain |
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possession of the original signed copies of the paper and shall make |
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the original paper available for inspection on request by the |
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parties or the court [with the clerk not later than the 72nd hour
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after the hour on which the initial filing is made. If the 72-hour
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period ends on a Saturday, Sunday, or legal holiday, the filing
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period is extended until 4 p.m. on the first succeeding business
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day. If extremely hazardous weather conditions exist or a disaster
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occurs, the presiding judge or magistrate may by written order made
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each day extend the filing period until 4 p.m. on the first
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succeeding business day. The written order must declare that an
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emergency exists because of the weather or the occurrence of a
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disaster. If a person detained under this subtitle would otherwise
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be released because the original signed copy of a paper is not filed
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within the 72-hour period but for the extension of the filing period
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under this section, the person may be detained until the expiration
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of the extended filing period. This subsection does not affect
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another provision of this subtitle requiring the release or
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discharge of a person]. |
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SECTION 3. Chapter 571, Health and Safety Code, is amended |
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by adding Sections 571.0168 and 571.0169 to read as follows: |
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Sec. 571.0168. MENTAL HEALTH PUBLIC DEFENDER OFFICE. A |
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court, with the permission of the commissioners court of the county |
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in which the court is located, may establish a mental health public |
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defender office to provide proposed patients with legal |
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representation provided by attorneys associated with that office. |
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Sec. 571.0169. REPRESENTATION OF PROPOSED PATIENT. The |
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court shall appoint an attorney associated with a mental health |
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public defender office described by Section 571.0168, a public |
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defender other than a mental health public defender, or a private |
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attorney to represent a proposed patient in any proceeding under |
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Chapter 574. |
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SECTION 4. Section 574.010(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) If the court determines that the proposed patient is |
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indigent, the court may authorize reimbursement to the attorney |
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representing the proposed patient [ad litem] for court-approved |
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expenses incurred in obtaining expert testimony and may order the |
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proposed patient's county of residence to pay the expenses. |
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SECTION 5. Section 571.014(d), Health and Safety Code, is |
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repealed. |
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SECTION 6. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1912 passed the Senate on |
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May 4, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1912 passed the House on |
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May 23, 2017, by the following vote: Yeas 128, Nays 17, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |