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            |  | A BILL TO BE ENTITLED | 
         
            |  | 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 probate court 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 | 
         
            |  | the person is eligible for Medicaid benefits [ 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. |