| 1 | 1 | | 81R7112 GCB-D |
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| 2 | 2 | | By: Hartnett H.B. No. 2007 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the payment of costs incurred by initiation of |
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| 8 | 8 | | emergency detention hearings for persons with mental illness. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 571.018, Health and Safety Code, is |
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| 11 | 11 | | amended by amending Subsections (a) and (h) and adding Subsection |
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| 12 | 12 | | (k) to read as follows: |
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| 13 | 13 | | (a) Except as provided by Subsection (k), the [The] costs |
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| 14 | 14 | | for a hearing or proceeding under this subtitle shall be paid by: |
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| 15 | 15 | | (1) the county that initiates emergency detention |
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| 16 | 16 | | procedures under Subchapter A or B, Chapter 573; or |
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| 17 | 17 | | (2) if no emergency detention procedures are |
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| 18 | 18 | | initiated, the county that accepts an application for court-ordered |
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| 19 | 19 | | mental health services, issues an order for protective custody, or |
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| 20 | 20 | | issues an order for temporary mental health services. |
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| 21 | 21 | | (h) The state or a county may not pay any costs for a patient |
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| 22 | 22 | | who is detained in or committed to a private mental hospital unless: |
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| 23 | 23 | | (1) a public facility is not available; and |
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| 24 | 24 | | (2) the commissioners court of the county authorizes |
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| 25 | 25 | | the payment, if appropriate. |
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| 26 | 26 | | (k) If a private mental hospital initiates emergency |
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| 27 | 27 | | detention procedures under Subchapter A or B, Chapter 573, and the |
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| 28 | 28 | | costs of the proceeding relate to services provided or to be |
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| 29 | 29 | | provided in the private mental hospital, the private mental |
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| 30 | 30 | | hospital must pay the filing fee and the costs of the proceeding at |
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| 31 | 31 | | the time of filing, unless the county clerk or the commissioners |
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| 32 | 32 | | court of the county agrees to accept payment at a later time. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to the costs of an emergency detention hearing initiated on or after |
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| 35 | 35 | | the effective date of this Act. The costs of an emergency detention |
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| 36 | 36 | | hearing initiated before the effective date of this Act are covered |
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| 37 | 37 | | by the law in effect when the hearing was initiated, and the former |
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| 38 | 38 | | law is continued in effect for that purpose. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2009. |
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