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