H.B. No. 4085
 
 
 
 
AN ACT
  relating to the payment by the state or a county of costs for
  certain mental health hearings or proceedings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 571.018(h) and (j), Health and Safety
  Code, are amended to read as follows:
         (h)  The state or a county may not pay any costs for a patient
  committed to a private mental hospital, other than a filing fee or
  other cost associated with a hearing or proceeding under this
  subtitle, unless:
               (1)  a public facility is not available; and
               (2)  the commissioners court of the county authorizes
  the payment, if appropriate.
         (j)  The judge of a court conducting a hearing or proceeding
  under this subtitle shall order the clerk of the court to refund
  court costs paid or advanced for a person by [When] an inpatient
  mental health facility as defined under Section 571.003(9)(A), (B),
  (D), or (E) on the filing of [571.003(9)(B) or (E) files] an
  affidavit with the clerk of the court certifying that:
               (1)  the facility has received no compensation or
  reimbursement for the treatment of the person;
               (2)  the facility provided treatment for the person
  under a contract with a local mental health authority; or
               (3)  the facility provided treatment for the person and
  only received reimbursement under Medicaid [it has received no
  compensation or reimbursement for the treatment of a person for
  whom court costs have been paid or advanced, the judge of the
  probate court shall order the clerk of the court to refund the
  costs].
         SECTION 2.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4085 was passed by the House on May 3,
  2023, by the following vote:  Yeas 145, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4085 was passed by the Senate on May
  21, 2023, by the following vote:  Yeas 28, Nays 3.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor