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A BILL TO BE ENTITLED
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AN ACT
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relating to an application for emergency detention and procedures |
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regarding 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 573.012(h), Health and Safety Code, is |
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amended to read as follows: |
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(h) A judge or magistrate shall [may] permit an applicant |
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who is a physician to present an application by: |
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(1) e-mail with the application attached as a secure |
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document in a portable document format (PDF); or |
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(2) secure electronic means, including: |
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(A) satellite transmission; |
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(B) closed-circuit television transmission; or |
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(C) any other method of two-way electronic |
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communication that: |
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(i) is secure; |
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(ii) is available to the judge or |
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magistrate; and |
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(iii) provides for a simultaneous, |
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compressed full-motion video and interactive communication of |
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image and sound between the judge or magistrate and the applicant. |
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SECTION 2. Section 574.001, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsections (g) and |
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(h) to read as follows: |
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(b) Except as provided by Subsection (f), the application |
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must be filed with the county clerk in the county in which the |
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proposed patient: |
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(1) resides; |
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(2) is located at the time the application is filed [is |
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found]; [or] |
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(3) was apprehended under Chapter 573; or |
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(4) is receiving mental health services by court order |
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or under Subchapter A, Chapter 573. |
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(g) A judge or magistrate shall accept an application filed |
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at any time that the judge or magistrate is on duty, regardless of |
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whether the application is filed after 5:00 p.m. on a weekday, on a |
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Saturday or Sunday, or on a state or national holiday. |
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(h) A court shall allow an application to be filed under |
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this section in the same manner as any other document filed with the |
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court, including through the use of an electronic filing system |
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established under Section 72.031, Government Code, if applicable. |
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SECTION 3. Section 574.021, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) A court shall allow the motion to be filed under this |
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section in the same manner as any other document filed with the |
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court, including through the use of an electronic filing system |
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established under Section 72.031, Government Code, if applicable. |
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SECTION 4. Section 574.022, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) The judge or magistrate may not deny a motion for a |
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protective custody order solely on the basis that the proposed |
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patient was not emergency detained under Chapter 573 at the time |
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that an application for court-ordered mental health services under |
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this chapter was filed. |
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SECTION 5. Section 574.031, Health and Safety Code, is |
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amended by adding Subsection (d-3) to read as follows: |
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(d-3) Notwithstanding Subchapter I, the court shall allow |
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the competent medical or psychiatric testimony under Subsection |
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(d-1) to be provided by closed-circuit video teleconferencing if: |
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(1) closed-circuit video teleconferencing is |
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available to the court for that purpose; |
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(2) the court has good cause to not conduct in-person |
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testimony, including that conducting the testimony through |
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closed-circuit video teleconferencing would minimize the |
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disruption of care to the testifying person's other patients; and |
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(3) the closed-circuit video teleconferencing system |
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provides for a simultaneous, compressed full-motion video and |
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interactive communication of image and sound between all persons |
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involved in the proceedings. |
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SECTION 6. The change in law made by this Act to Section |
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574.001, Health and Safety Code, applies only to an application for |
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court-ordered mental health services submitted on or after the |
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effective date of this Act. |
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SECTION 7. The change in law made by this Act to Section |
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573.012, Health and Safety Code, applies to an emergency detention |
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that begins on or after the effective date of this Act. An emergency |
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detention that begins 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. The changes in law made by this Act to Chapter |
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574, Health and Safety Code, apply only to a proceeding for |
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court-ordered mental health services that occurs on or after the |
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effective date of this Act, regardless of when an offense with which |
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the defendant is charged was committed. |
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SECTION 9. This Act takes effect September 1, 2023. |