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A BILL TO BE ENTITLED
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AN ACT
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relating to the certificate of medical examination for chemical |
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dependency and the duration of court-ordered treatment for a person |
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with a chemical dependency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Anell Borrego Act. |
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SECTION 2. Section 462.064(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) A certificate must be dated and signed by the examining |
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physician. The certificate must include: |
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(1) the name and address of the examining physician; |
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(2) the name and address of the proposed patient; |
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(3) the date and place of the examination; |
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(4) the period, if any, during which the proposed |
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patient has been under the care of the examining physician; |
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(5) an accurate description of the treatment, if any, |
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given by or administered under the direction of the examining |
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physician; and |
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(6) the examining physician's opinion that [opinions |
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whether] the proposed patient is a person with a chemical |
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dependency and that, as a result of that chemical dependency: |
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(A) is likely to cause serious harm to the |
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person; |
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(B) is likely to cause serious harm to others; or |
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(C) will continue to suffer abnormal mental, |
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emotional, or physical distress and to deteriorate in ability to |
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function independently if not treated and is unable to make a |
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rational and informed choice as to whether or not to submit to |
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treatment. |
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SECTION 3. Section 462.069(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 462.080(b), the [The] |
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court shall commit the proposed patient to a treatment facility |
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approved by the commission [department] to accept court commitments |
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for at least 60 days but not more than 90 days if: |
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(1) the proposed patient admits the allegations of the |
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application; or |
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(2) at the hearing on the merits, the court or jury |
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finds that the material allegations in the application have been |
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proved by clear and convincing evidence. |
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SECTION 4. Section 462.075(f), Health and Safety Code, is |
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amended to read as follows: |
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(f) Except as provided by Section 462.080(b), the [The] |
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court shall commit the proposed patient to a treatment facility |
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approved by the commission [department] to accept commitments for |
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at least 60 days but not more than 90 days if: |
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(1) the proposed patient admits the allegations of the |
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application; or |
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(2) at the hearing on the merits, the court or jury |
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finds that the material allegations in the application have been |
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proved by clear and convincing evidence. |
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SECTION 5. Section 462.080(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The administrator may discharge a patient before the |
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court order expires if the administrator or physician treating the |
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patient determines that the patient no longer meets the criteria |
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for court-ordered treatment. |
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SECTION 6. Sections 462.081(a) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(a) Except as provided by Section 462.080(b), the [The] |
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judge of a court with jurisdiction of misdemeanor cases may remand |
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the defendant to a treatment facility approved by the commission |
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[department] to accept court commitments for care and treatment for |
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at least 60 days but not more than 90 days, instead of incarceration |
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or fine, if: |
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(1) the court or a jury has found the defendant guilty |
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of an offense classified as a Class A or B misdemeanor; |
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(2) the court finds that the offense resulted from or |
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was related to the defendant's chemical dependency; |
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(3) a treatment facility approved by the commission |
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[department] is available to treat the defendant; and |
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(4) the treatment facility agrees in writing to admit |
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the defendant under this section. |
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(d) Except as provided by Section 462.080(b), a [A] juvenile |
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court may remand a child to a treatment facility for care and |
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treatment for at least 60 days but not more than 90 days after the |
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date on which the child is remanded if: |
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(1) the court finds that the child has engaged in |
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delinquent conduct or conduct indicating a need for supervision and |
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that the conduct resulted from or was related to the child's |
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chemical dependency; |
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(2) a treatment facility approved by the commission |
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[department] to accept court commitments is available to treat the |
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child; and |
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(3) the facility agrees in writing to receive the |
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child under this section. |
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SECTION 7. The changes in law made by this Act apply only to |
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an application for court-ordered treatment for chemical dependency |
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that is filed on or after the effective date of this Act. An |
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application that is filed before the effective date of this Act is |
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governed by the law as it existed immediately before that date, and |
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that law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2023. |