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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the commissioners court of a county to |
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employ attorneys as mental health public defenders and to the |
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reimbursement of an attorney who represents an indigent proposed |
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patient in certain 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. The |
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commissioners court of a county may employ attorneys as mental |
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health public defenders to provide proposed patients with legal |
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representation in a proceeding under Chapter 574. |
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Sec. 571.0169. REPRESENTATION OF PROPOSED PATIENT. The |
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court may appoint a mental health public defender described by |
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Section 571.0168, a public defender other than a mental health |
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public defender, or a private attorney to represent a proposed |
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patient in any proceeding under Chapter 574. |
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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. |