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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures regarding court-ordered mental health |
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services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 574.003, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) A judge may not decline to appoint an attorney to |
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represent a proposed patient because the judge perceives or knows |
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that the patient is not indigent. |
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SECTION 2. Subchapter A, Chapter 574, Health and Safety |
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Code, is amended by adding Section 574.0121 to read as follows: |
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Sec. 574.0121. CONFLICTING RECOMMENDATIONS REGARDING |
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COMMITMENT. If the local mental health authority in the county in |
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which an application is filed does not recommend that a proposed |
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patient be committed, the authority, as part of the recommendation |
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required under Section 574.012, must: |
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(1) include the information required by Sections |
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574.011(a) and (b); and |
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(2) identify the criteria for commitment that the |
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proposed patient does not satisfy and include the facts on which |
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that determination is based. |
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SECTION 3. Section 574.021, Health and Safety Code, is |
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amended by amending Subsection (d) and adding Subsection (d-1) to |
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read as follows: |
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(d) The motion must be accompanied by a certificate of |
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medical examination for mental illness prepared by a physician who |
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has examined the proposed patient not earlier than the third day |
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before the day the motion is filed. The motion is not required to |
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include a recommendation from a local mental health authority. |
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(d-1) A court may not consider a recommendation from a local |
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mental health authority if the authority's recommendation fails to |
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comply with the requirements of Section 574.012 and, to the extent |
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applicable, Section 574.0121. |
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SECTION 4. Sections 574.022(a) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(a) The judge or designated magistrate shall [may] issue a |
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protective custody order if the judge or magistrate determines: |
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(1) that a physician has stated the physician's |
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opinion and the detailed reasons for the physician's opinion that |
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the proposed patient is a person with mental illness; and |
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(2) the proposed patient presents a substantial risk |
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of serious harm to the proposed patient or others if not immediately |
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restrained pending the hearing. |
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(d) The judge or magistrate shall set a hearing date and |
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[may] take additional evidence if a fair determination of the |
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matter cannot be made from consideration of the application and |
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certificate only. |
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SECTION 5. Section 574.023, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) A protective custody order shall direct a person |
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authorized to transport patients under Section 574.045 to take the |
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proposed patient into protective custody and transport the person |
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immediately to a mental health facility deemed suitable by: |
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(1) the local mental health authority for the area; or |
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(2) a physician who completed a certificate of medical |
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examination under Section 574.009. |
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(a-1) On request of the local mental health authority, the |
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judge may order that the proposed patient be detained in an |
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inpatient mental health facility operated by the department. |
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SECTION 6. Section 574.025(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) The applicant, the proposed patient, and the proposed |
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patient's attorney shall have an opportunity at the hearing to |
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appear and present evidence on [to challenge] the allegation that |
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the proposed patient presents a substantial risk of serious harm to |
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the proposed patient [himself] or others. |
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SECTION 7. Section 574.028, Health and Safety Code, is |
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amended by amending Subsections (a) and (c) and adding Subsection |
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(d) to read as follows: |
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(a) [The magistrate or associate judge shall order the |
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release of a person under a protective custody order if] If the |
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magistrate or associate judge determines after the hearing under |
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Section 574.025 that no probable cause exists to believe that the |
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proposed patient presents a substantial risk of serious harm to the |
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proposed patient [himself] or others, the magistrate or associate |
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judge shall order the release of a person under a protective custody |
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order. The order must include written findings of fact that no |
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probable cause exists. |
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(c) A facility administrator shall discharge a person held |
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under a protective custody order if: |
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(1) the facility administrator receives an order |
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described by Subsection (a) from which no appeal has been filed |
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[does not receive notice that the person's continued detention is |
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authorized after a probable cause hearing held within 72 hours |
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after the detention began, excluding Saturdays, Sundays, legal |
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holidays, and the period prescribed by Section 574.025(b) for |
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extreme emergencies]; |
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(2) a final order for court-ordered mental health |
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services has not been entered within the time prescribed by Section |
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574.005; or |
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(3) the facility administrator or the administrator's |
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designee determines that the person no longer meets the criteria |
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for protective custody prescribed by Section 574.022. |
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(d) An order entered under Subsection (a) is immediately |
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appealable under Section 574.070. |
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SECTION 8. Section 574.033, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) The court shall enter an order denying an application |
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for court-ordered temporary or extended mental health services if |
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after a hearing the court or jury fails to find, from clear and |
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convincing evidence, that the proposed patient is a person with |
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mental illness and meets the applicable criteria for court-ordered |
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mental health services. The order must include written findings of |
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fact on which the court's order is based. |
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(a-1) An order entered under Subsection (a) is immediately |
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appealable under Section 574.070. |
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SECTION 9. Sections 574.070(a) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(a) An appeal from an order requiring or denying |
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court-ordered mental health services, or from a renewal or |
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modification of an order, must be filed in the court of appeals for |
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the county in which the order is entered. |
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(d) Pending the appeal and after entering findings of fact |
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based on evidence presented at the hearing, the trial judge in whose |
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court the cause is pending may: |
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(1) stay the order and release the patient from |
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custody before the appeal if the judge is satisfied that the patient |
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does not meet the criteria for protective custody under Section |
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574.022; and |
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(2) if the proposed patient is at liberty, require an |
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appearance bond in an amount set by the court. |
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SECTION 10. The changes in law made by this Act to Chapter |
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574, Health and Safety Code, apply to a commitment proceeding under |
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that chapter that occurs on or after the effective date of this Act, |
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regardless of whether conduct of a proposed patient being evaluated |
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for that purpose occurred before, on, or after the effective date of |
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this Act. |
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SECTION 11. This Act takes effect September 1, 2023. |