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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain courts to employ attorneys as |
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mental health public defenders and to the reimbursement of an |
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attorney who represents an indigent proposed patient in certain |
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mental health proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 DEFENDERS. (a) This |
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section applies only to a county with a population of 800,000 or |
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more. |
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(b) A court with primary responsibility for mental illness |
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proceedings in a county to which this section applies, with the |
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permission of the commissioners court of that county, may employ |
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attorneys as mental health public defenders to provide proposed |
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patients with legal representation in a proceeding under Chapter |
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574. |
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Sec. 571.0169. REPRESENTATION OF PROPOSED PATIENT. (a) |
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Subject to Subsection (b), the court shall appoint an attorney |
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employed as a mental health public defender described by Section |
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571.0168, a public defender other than a mental health public |
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defender, or a private attorney to represent a proposed patient in |
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any proceeding under Chapter 574. |
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(b) If the county employs a public defender other than a |
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mental health public defender that is assigned to a court with |
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primary responsibility for mental illness proceedings for that |
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county, the court must appoint that public defender to represent a |
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proposed patient in a proceeding under Chapter 574 unless the court |
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enters in the record a statement of the reason the court is unable |
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to appoint that public defender. |
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SECTION 2. 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 3. This Act takes effect September 1, 2019. |