| |
| |
| |
|
|
AN ACT
|
|
|
relating to the certificate of medical examination for chemical |
|
|
dependency and the duration of court-ordered treatment for a person |
|
|
with a chemical dependency. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act may be cited as the Anell Borrego Act. |
|
|
SECTION 2. Section 462.001, Health and Safety Code, is |
|
|
amended by adding Subdivision (4) to read as follows: |
|
|
(4) "Commission" means the Health and Human Services |
|
|
Commission. |
|
|
SECTION 3. Section 462.064(c), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(c) A certificate must be dated and signed by the examining |
|
|
physician. The certificate must include: |
|
|
(1) the name and address of the examining physician; |
|
|
(2) the name and address of the proposed patient; |
|
|
(3) the date and place of the examination; |
|
|
(4) the period, if any, during which the proposed |
|
|
patient has been under the care of the examining physician; |
|
|
(5) an accurate description of the treatment, if any, |
|
|
given by or administered under the direction of the examining |
|
|
physician; and |
|
|
(6) the examining physician's opinion stating |
|
|
[opinions whether] the proposed patient is a person with a chemical |
|
|
dependency and, as a result of that chemical dependency: |
|
|
(A) is likely to cause serious harm to the |
|
|
person; |
|
|
(B) is likely to cause serious harm to others; or |
|
|
(C) will continue to suffer abnormal mental, |
|
|
emotional, or physical distress and to deteriorate in ability to |
|
|
function independently if not treated and is unable to make a |
|
|
rational and informed choice as to whether or not to submit to |
|
|
treatment. |
|
|
SECTION 4. Section 462.069(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by Section 462.080(b), the [The] |
|
|
court shall commit the proposed patient to a treatment facility |
|
|
approved by the commission [department] to accept court commitments |
|
|
for at least 30 days but not more than 90 days if: |
|
|
(1) the proposed patient admits the allegations of the |
|
|
application; or |
|
|
(2) at the hearing on the merits, the court or jury |
|
|
finds that the material allegations in the application have been |
|
|
proved by clear and convincing evidence. |
|
|
SECTION 5. Section 462.075(f), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(f) Except as provided by Section 462.080(b), the [The] |
|
|
court shall commit the proposed patient to a treatment facility |
|
|
approved by the commission [department] to accept commitments for |
|
|
at least 30 days but not more than 90 days if: |
|
|
(1) the proposed patient admits the allegations of the |
|
|
application; or |
|
|
(2) at the hearing on the merits, the court or jury |
|
|
finds that the material allegations in the application have been |
|
|
proved by clear and convincing evidence. |
|
|
SECTION 6. Section 462.080(b), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(b) The administrator may discharge a patient before the |
|
|
court order expires if the administrator or physician treating the |
|
|
patient determines that the patient no longer meets the criteria |
|
|
for court-ordered treatment. |
|
|
SECTION 7. Sections 462.081(a) and (d), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(a) Except as provided by Section 462.080(b), the [The] |
|
|
judge of a court with jurisdiction of misdemeanor cases may remand |
|
|
the defendant to a treatment facility approved by the commission |
|
|
[department] to accept court commitments for care and treatment for |
|
|
at least 30 days but not more than 90 days, instead of incarceration |
|
|
or fine, if: |
|
|
(1) the court or a jury has found the defendant guilty |
|
|
of an offense classified as a Class A or B misdemeanor; |
|
|
(2) the court finds that the offense resulted from or |
|
|
was related to the defendant's chemical dependency; |
|
|
(3) a treatment facility approved by the commission |
|
|
[department] is available to treat the defendant; and |
|
|
(4) the treatment facility agrees in writing to admit |
|
|
the defendant under this section. |
|
|
(d) Except as provided by Section 462.080(b), a [A] juvenile |
|
|
court may remand a child to a treatment facility for care and |
|
|
treatment for at least 30 days but not more than 90 days after the |
|
|
date on which the child is remanded if: |
|
|
(1) the court finds that the child has engaged in |
|
|
delinquent conduct or conduct indicating a need for supervision and |
|
|
that the conduct resulted from or was related to the child's |
|
|
chemical dependency; |
|
|
(2) a treatment facility approved by the commission |
|
|
[department] to accept court commitments is available to treat the |
|
|
child; and |
|
|
(3) the facility agrees in writing to receive the |
|
|
child under this section. |
|
|
SECTION 8. The changes in law made by this Act apply only to |
|
|
an application for court-ordered treatment for chemical dependency |
|
|
that is filed on or after the effective date of this Act. An |
|
|
application that is filed before the effective date of this Act is |
|
|
governed by the law as it existed immediately before that date, and |
|
|
that law is continued in effect for that purpose. |
|
|
SECTION 9. This Act takes effect September 1, 2025. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 171 was passed by the House on April |
|
|
25, 2025, by the following vote: Yeas 117, Nays 20, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 171 on May 28, 2025, by the following vote: Yeas 109, Nays 27, |
|
|
2 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 171 was passed by the Senate, with |
|
|
amendments, on May 23, 2025, by the following vote: Yeas 28, Nays |
|
|
3. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |